- (a) A license required by this subpart shall not be issued or renewed if the applicant for issuance or renewal fails to meet any of the applicable licensing requirements.
(b)
- (1) The Division of Environmental Quality shall, by certified mail with return receipt requested, give written notice to the applicant of its decision to deny the issuance or renewal of a license.
(2) The notice of denial shall state:
- (A) The specific reasons for the denial;
- (B) That to appeal the denial, the applicant must submit a written request for a meeting with the Director of the Division of Environmental Quality to review the division’s decision; and
- (C) That the request for a meeting with the director must be received by the division no later than ten (10) days following the applicant’s receipt of the notice of denial.
(c)
- (1) An applicant shall be afforded an opportunity to appeal to the director a decision of the division to deny the license.
(2)
- (A) To appeal the division’s decision to deny the license, an applicant must submit to the director a written request for a meeting to review the division’s decision.
- (B) The request must be received by the director no later than ten (10) days following the applicant’s receipt of the notice described in subsection (b) of this section.
- (C) If no request is received by the director within the time specified in subdivision (c)(2)(B) of this section, the decision of the division shall be final and may not be appealed.
- (3) The director or his or her designee shall arrange a meeting to discuss the denial of the license within fifteen (15) days of the director’s receipt of the applicant’s request under subdivisions (c)(2)(A) and (B) of this section.
(d)
- (1) Following a meeting held under subdivision (c)(3) of this section, the director shall issue a written decision to issue or deny the license in accordance with Administrative Procedures, 8 CAR pt. 11.
- (2) The decision of the director shall be final, however, it may be appealed to the Arkansas Pollution Control and Ecology Commission by filing a Request for Commission Review and Adjudicatory Hearing in accordance with 8 CAR pt. 11.
- (e) During the pendency of an appeal under this section, the denial of a license shall stand.