The following procedure shall be utilized by the Board of Directors of the White River Regional Solid Waste Management District in promulgating any rule:
(1) Prior to the adoption, amendment, or repeal of any rule, the board shall:
(A)
- (i) Give at least twenty (20) days’ notice of its intended action.
(ii) The notice shall:
- (a) (a) Include a general statement of the issues to be discussed;
- (b) (b) Include the time and the place for interested persons to present their views thereon; and
- (c) (c) Be published in the Arkansas Democrat-Gazette; and
(B)
- (i) Afford all interested persons reasonable opportunity to submit written data, views, or arguments prior to the consideration of the issue by the board.
- (ii) Further, if the board in its discretion shall so direct, oral testimony or argument may be received;
(2)
(A) Notwithstanding the foregoing, if the board finds that an emergency exists and the public health, safety, or welfare requires adoption of a rule upon fewer than twenty (20) days’ notice and states in writing its reasons for that finding, it may proceed:
- (i) Without prior notice or hearing; or
- (ii) Upon any abbreviated notice and hearing that it may choose.
- (B) The rule may be effective for no longer than one hundred eighty (180) days;
(3) Each rule adopted by the board shall be effective:
- (A) On the date or time set forth in the rule; or
- (B) If no such date is set forth in the rule, then it shall become effective ten (10) days after adoption; and
- (4) If any provision of any White River Regional Solid Waste Management District rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications or district rules, which can be given effect without the invalid provision or application, and to this end the provisions of all district rules shall be considered severable.