(a)

1. (1) Before commencing a substantive review of a third-party claim, the Division of Environmental Quality shall determine whether the release meets the requirements of 8 CAR § 80-403 for third-party coverage by the Petroleum Storage Tank Trust Fund.
2. (2) Any person aggrieved by the division’s determination of whether a release is eligible for third-party coverage by the trust fund may request that the Advisory Committee on Petroleum Storage Tanks and, if necessary thereafter, the Director of the Division of Environmental Quality, review the division’s determination.

(c)

1. (1) The division is not required to commence substantive review of a third-party claim until it has received all of the information required by 8 CAR § 80-408(c) or 8 CAR § 80-408(e), as applicable.
2. (2) If, during the course of the substantive review, the division finds that additional information is needed to evaluate the claim, the division may require that the information be provided before review of the claim may be completed.

(f)

1. (1) After its third-party claim eligibility determination and substantive review is complete, the division shall make a written recommendation to the advisory committee as to whether the applicant has met the trust fund eligibility requirements and, if so, whether the claim, or any portion of it, is both reasonable and allowable.

2. (2)

   1. (A) The advisory committee in its sole discretion may allow supplemental information explaining the claim to be presented orally.
   2. (B) It may establish a fair and reasonable limit on time allowed for oral presentation.

3. (3)

   1. (A) The advisory committee may consider, but is not bound by, the recommendation prepared by the division under subdivision (f)(1) of this section.
   2. (B) It shall make a written recommendation to the director as to whether the applicant has met the trust fund eligibility requirements and, if so, whether the claim, or any portion of it, is both reasonable and allowable and therefore should be paid.

(g)

1. (1) The director shall consider, but is not bound by, the recommendations made by the division under subdivision (f)(1) of this section and by the advisory committee under subdivision (f)(3) of this section.
2. (2) The director shall decide whether the applicant has met the trust fund eligibility requirements and, if so, whether the claim, or any portion of it, is both reasonable and allowable and should therefore be paid.
3. (3) The director may solicit advice on a claim from the Arkansas Pollution Control and Ecology Commission.
4. (4) If the decision of the director is contrary to the recommendation of the advisory committee, the director shall provide in writing his or her reasons for declining to follow the advisory committee’s recommendation.

(h)

1. (1) The decision of the director shall be the final decision of the division.

2. (2)

   1. (A) The decision of the director may be appealed to the commission.
   2. (B) An owner or operator who considers himself or herself injured in his or her business, person, or property by a final decision of the director or his or her designee may, within thirty (30) days after the date of the final decision of the director or his or her designee, appeal the decision to the commission.