(a)

1. (1) A party of record may request an opportunity to supplement the record with additional evidence.
2. (2) The requesting party must satisfactorily demonstrate to a majority of the Arkansas Pollution Control and Ecology Commission that the evidence is material to the issues and was unavailable at the time of the adjudicatory hearing despite the best efforts of the party to procure the evidence.
3. (3) Upon majority vote of a quorum, the commission may remand the matter to the administrative hearing officer to take further testimony and evidence in the matter or direct the Director of the Division of Environmental Quality to reconsider the matter based on the additional evidence before the matter is considered by the commission.

(b)

1. (1) The requesting party shall file an affidavit with the commission secretary describing the circumstances as to why the additional evidence was not available at the time of the adjudicatory hearing and why the information is material to the issues.
2. (2) A copy of the affidavit and proffered new evidence shall be furnished to all parties of record at least ten (10) business days prior to the date the commission meets to consider the request.