(1) If a matter for which a request for hearing has been filed is resolved by a settlement of the parties prior to the hearing, the Division of Environmental Quality shall give the Arkansas Pollution Control and Ecology Commission notice of the resolution of the matter by filing a copy of the executed settlement agreement with the commission secretary.
(2) The filing of a settlement agreement which contains language stating that the request for hearing is withdrawn shall, without further commission action, cause the docket to be immediately closed.
(b) The administrative hearing officer shall make a report on each settled case to the commission.
(c) The settled case shall be subject to being reopened upon commission initiative under 8 CAR § 11-215(a), § 11-303, § 11-404, or § 11-504, or in response to a petition under 8 CAR § 11-406 to set aside a consent administrative order settling an administrative enforcement action.
(d) If a permit appeal is settled by an agreement to issue a permitting decision, the permitting decision shall follow all the notice and comment procedures set forth in 8 CAR §§ 11-207 – 11-211.