- (a) If the Arkansas Pollution Control and Ecology Commission initiates rulemaking in response to a third-party petition, the commission shall give notice of the proposed rule as set forth in 8 CAR §§ 11-801 – 11-803 and shall hold a public hearing as required by 8 CAR §§ 11-804 – 11-806.
- (b) The commission shall direct the proponent of a third-party rulemaking to compile or produce portions of the record required by 8 CAR § 11-814 and pay the costs associated with publication of the legal notice, rental fees for hearing locations, and copying of documents required by the commission Rule Formatting and Drafting Guidelines.
- (c) The proponent of a third-party rulemaking shall prepare a proposed Statement of Basis and Purpose and Responsive Summary required by 8 CAR § 11-815 for the commission’s review prior to its final decision.
- (d) Prior to the close of the public comment period, the Division of Environmental Quality shall file with the commission a written comment, for the record, on any proposed third-party proposal to adopt, amend, or repeal all or part of a rule.
- (e) The division shall prepare its own proposed Statement of Basis and Purpose and Responsive Summary as described in 8 CAR § 11-815 after the close of the public comment period.
- (f) Upon consideration of the petitioner's and the division’s positions and proposed Statements of Basis and Purpose and Responsive Summaries, the commission may issue its final decision, or order whatever further rulemaking proceedings it deems appropriate, giving due regard to the right of the public to fair notice as provided by this part.