(a) Within thirty (30) calendar days after service of the notice of appeal, the Arkansas Pollution Control and Ecology Commission shall file with the clerk of the circuit court a response to the notice of appeal and the record of the contested:
- (1) Case;
- (2) Rule; or
- (3) Other final decision.
- (b) The commission’s response shall consist of any statements, admissions, or denials on the questions of law or fact raised in the notice of appeal as the commission may deem pertinent.
- (c) Any allegations or new matter set out in the response shall be deemed denied by the party appealing unless expressly admitted, and no further pleading shall be necessary.
(d) The record shall consist of:
- (1) A copy of any application or petition, all pleadings, or other material paper on which the appeal is based;
- (2) A statement of any findings of fact, rulings, or conclusions of law made by the commission;
- (3) A copy of the final order, rule, or other final decision on which the appeal is based; and
- (4) All testimony, exhibits, and other evidence submitted to the commission.
- (e) The parties may stipulate that only a specified portion of the record is to be filed with the circuit court.
- (f) The commission shall serve a copy of the response by mailing or serving a copy of the response on the party appealing or his or her attorney.