(a) Request for oral argument.

1. (1) Any party of record may request the Arkansas Pollution Control and Ecology Commission to hear an oral argument on a recommended decision by filing a written request with the commission secretary no later than twenty (20) calendar days after the recommended decision has been mailed to all parties.

2. (2) The contents of the request shall be in the following order:

   1. (A) A clear and concise statement of each factual objection and alleged legal error contained in the recommended decision;
   2. (B) An argument addressing each factual objection and alleged legal error and citations of decisions supporting each argument, if applicable;
   3. (C) The specific relief sought from the commission;
   4. (D) The request must contain a proposed minute order setting forth proposed findings of fact and conclusions of law on which the commission is basing its final decision; and
   5. (E)

(i) Any document, exhibit, or transcript page from the record may be attached as an addendum to the request.

1. (ii) Each addendum must be clearly labeled as “Addendum No.”.

(b) Copies of request. A party must file an original and three (3) copies of the request or response to a request, unless the administrative hearing officer or the commission secretary require a different number.

1. (c) Failure to comply with time limitation.
2. (1) Any party failing to file a request for oral argument within the time period set out in subdivision (a)(1) of this section shall not be permitted to present oral argument, unless the party who failed to timely file the request proves that the failure to file before the deadline was due to excusable neglect or the administrative hearing officer modifies the deadline set out in subdivision (a)(1) of this section for good cause as provided in subsection (g) of this section.

3. (2) A party requesting oral argument past the filing deadline due to excusable neglect must, prior to commission review of the administrative hearing officer’s recommended decision:

   1. (A) File a request for oral argument in accordance with subsections (a) and (b) of this section; and
   2. (B) File a petition which sets forth the reasons for the party’s excusable neglect.

4. (3) Any party may request a hearing on a petition filed as provided in subdivision (c)(2)(B) of this section.

   1. (d) Requirements for opposing party or parties.
5. (1) Each party of record may file a response to a request for oral argument.
6. (2) The number of copies filed shall comply with the provisions of subsection (b) of this section.

(f) Appearance on agenda.

1. (1) A request for oral argument filed at any time on or after the twentieth business day preceding the next regularly scheduled commission meeting will be removed from the agenda for that meeting.
2. (2) The request will be placed on the agenda for the following regularly scheduled commission meeting.

(h) Time allowed for presenting oral argument.

1. (1)

   1. (A) The party or parties requesting an oral argument and the party of record supporting the request shall be allowed no more than fifteen (15) minutes each for argument, unless the commission extends the time.
   2. (B) The party or parties may retain a portion of the fifteen-minute time period for rebuttal by notifying the Chair of the Arkansas Pollution Control and Ecology Commission at the beginning of the oral argument.

2. (2) The opposing party or parties of record will be permitted no more than a combined total of fifteen (15) minutes to respond, unless the commission extends the time.

   1. (i) Prohibition on new evidence. The commission shall not consider any evidence concerning a matter on review that is not included in the record except as provided in 8 CAR § 11-620.

(j) Questioning by commissioners.

1. (1) Following an oral argument, the chair shall allow each commissioner to question the attorneys for each party of record or the persons who presented the oral argument.
2. (2) The commissioners shall not question any other persons, except for the administrative hearing officer.