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15-58-204. Adoption of rules.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-58-204. Adoption of rules.
(a) Before the adoption, amendment, or repeal of any rule, the Arkansas Pollution Control and Ecology Commission shall give public notice and the opportunity for a public hearing under §§ 15-58-207 and 15-58-208.
(b)(1) If the commission finds that imminent peril to the public health, safety, or welfare requires adoption of a rule upon less than twenty (20) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it may choose, to adopt an emergency rule.
(2) The rule may be effective for no longer than one hundred eighty (180) days.
(c)(1) A person has the right to petition for the issuance, amendment, or repeal of any rule.
(2) Within ninety (90) days after submission of a petition, the commission either shall deny the petition, stating in writing its reasons for the denial, or shall initiate rulemaking proceedings in accordance with subsection (a) of this section.
(d)(1) The commission shall file with the Secretary of State a certified copy of each rule adopted by it.
(2) The Secretary of State shall keep a permanent register of the rule open to public inspection.
(3)(A) Each rule shall be effective twenty (20) days after filing, unless a later date is specified by law or in the rule.
(B) However, an emergency rule may become effective immediately upon filing or at a stated time less than twenty (20) days after filing if the commission finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare.
(C) The commission's finding and a brief statement of the reasons shall be filed with the rule.
(D) The commission shall take appropriate measures to make emergency rules
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:15-58-204
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3e4e22d6072bfc0c494a16878c3dc4084d84b17a38e7f23fdc812462fc9955a3
Source location: content.xml paragraph 22214
Stored source content
15-58-204. Adoption of rules.
(a) Before the adoption, amendment, or repeal of any rule, the Arkansas Pollution Control and Ecology Commission shall give public notice and the opportunity for a public hearing under §§ 15-58-207 and 15-58-208.
(b)(1) If the commission finds that imminent peril to the public health, safety, or welfare requires adoption of a rule upon less than twenty (20) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it may choose, to adopt an emergency rule.
(2) The rule may be effective for no longer than one hundred eighty (180) days.
(c)(1) A person has the right to petition for the issuance, amendment, or repeal of any rule.
(2) Within ninety (90) days after submission of a petition, the commission either shall deny the petition, stating in writing its reasons for the denial, or shall initiate rulemaking proceedings in accordance with subsection (a) of this section.
(d)(1) The commission shall file with the Secretary of State a certified copy of each rule adopted by it.
(2) The Secretary of State shall keep a permanent register of the rule open to public inspection.
(3)(A) Each rule shall be effective twenty (20) days after filing, unless a later date is specified by law or in the rule.
(B) However, an emergency rule may become effective immediately upon filing or at a stated time less than twenty (20) days after filing if the commission finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare.
(C) The commission's finding and a brief statement of the reasons shall be filed with the rule.
(D) The commission shall take appropriate measures to make emergency rules known to the persons who may be affected by them.
(e) A rule shall not be valid unless adopted and filed in substantial compliance with this chapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
15-58-207. Public hearing — Procedures.
(a) The Director of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission shall give public notice of each of the following pending, proposed, or requested actions:
(1) The director, upon receipt of any completed application for an initial or revised permit or renewal under §§ 15-58-502 — 15-58-508;
(2) The director, upon receipt of any request by an operator for a variance or amendment to an issued permit under §§ 15-58-502 — 15-58-508;
(3) The commission, upon receipt of any proposal for the designation of lands as unsuitable for surface mining under § 15-58-501;
(4) The commission, upon receipt of any proposal for the use of land acquired pursuant to the state abandoned mine reclamation program; or
(5) The commission, in any rulemaking proceeding under § 15-58-204.
(b) Notice shall be circulated in accordance with the rules issued by the commission to inform interested and potentially interested persons of the pending action.
(c)(1) Interested persons shall be afforded a period of not less than thirty (30) days after the last publication of the above notice to submit written objections or comments.
(2) Comments and objections shall be immediately transmitted to the applicant or permittee and shall be made available to the public.
(3) If a public hearing is requested by an interested person on or before ten (10) days of receipt of the objections and in accordance with the rules issued by the commission, public notice shall be given in accordance with the rules issued by the commission.
(4) A public hearing shall be held for the purpose of receiving relevant evidence.
(d) Any person shall be permitted to submit oral or written statements concerning the subject matte
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-207
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 15-58-207. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-58-208. Public hearing — Examiners.
(a) For the purpose of receiving and responding to written comments and objections and for presiding at a public hearing, the Arkansas Pollution Control and Ecology Commission or the Director of the Division of Environmental Quality may designate one (1) or more examiners.
(b) An examiner may:
(1)(A) Set the time and location of the public hearing.
(B) Public notice of the information shall be circulated in accordance with rules issued by the commission;
(2) Receive all information submitted pursuant to the pending action and permit or deny cross-examination of witnesses;
(3) Recommend denial or approval, in whole or in part, of the proposed or requested action;
(4) Maintain order at the public hearing;
(5) Generally guide the course of the public hearing; and
(6) Arrange with the applicant, upon request of any party, access to the mining area for the purpose of gathering information relevant to the proceeding.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-208
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 15-58-208. This identifies an authority to review, not proof of applicability.