15-58-211. Adjudicatory hearing — Procedures generally.

15-58-211. Adjudicatory hearing — Procedures generally. (a) In any adjudicatory public hearing, if a person refuses to respond to a subpoena, refuses to take the oath or affirmation as a witness, or thereafter refuses to be examined, the Arkansas Pollution Control and Ecology Commission, its authorized representative, or the presiding officer of the hearing may apply to any court of general jurisdiction in the county where the proceedings were held or are being held for an order directing that person to take the requisite action. The court shall issue the order in its discretion. Should any person willfully fail to comply with an order so issued, the court shall punish him or her as for contempt. (b) Opportunity shall be afforded all parties at a public hearing to respond and present evidence and argument on all issues involved. (c) Nothing in this chapter shall prohibit disposition of the matter through an informal conference before the Director of the Division of Environmental Quality if all parties agree, or disposition by stipulation, settlement, consent order, or default. (d) The record of a public hearing required by this section shall include: (1) All pleadings, motions, and intermediate rulings; (2) Evidence received or considered, including, on request of any party, a transcript of oral proceedings or any part thereof; (3) A statement of matters officially noticed; (4) Offers of proof, objections, and rulings thereon; (5) Proposed findings and exceptions thereto; and (6) All staff and presiding officer memoranda or data submitted to the presiding officer in connection with his or her consideration of the case. (e) Findings of fact shall be based exclusively on the evidence and on matters officially noticed. (f) Any person compelled to appear at a public hearing shall have the right to be accompanied and advised by counsel. Parties shall have the right to conduct such cross-examination as may be required for a full and true disclosure of the facts. (g) Except as otherwise provided by law, the person contesting a notice, order, or decision in an adjudicatory public hearing shall have the burden of proof. Irrelevant, immaterial, and unduly repetitious evidence shall be excluded. Any other oral or documentary evidence, not privileged, may be received if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted of record. When a hearing will be expedited and the interests of the parties will not be substantially prejudiced, any part of the evidence may be received in written form. (h) Official notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the commission's specialized knowledge. Parties shall be notified of material so noticed, including any staff memoranda or data, and shall be afforded a reasonable opportunity to show to the contrary. (i) A final decision or order of the commission shall be issued within thirty (30) days after the adjudicatory public hearing held and shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Parties shall be served either personally or by mail with a copy of any decision or order. (j) The final order of assessment of a civil penalty whether by order of the commission after hearing, or by order of the director if the operator fails to petition for review of the assessment within the time provided herein shall constitute, upon filing the order with the circuit clerk of the appropriate county, a judgment against the operator which may be recovered in any manner provided by law for collection of a judgment. (k) Any party adversely affected by the final order or decision of the commission may obtain judicial review of that decision in accordance with § 15-58-212.