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8-4-210. Investigations and hearings generally.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-4-210. Investigations and hearings generally.

8-4-210. Investigations and hearings generally. (a) The Arkansas Pollution Control and Ecology Commission is given and charged with the power and duty to conduct such investigations and hold such hearings as it may deem advisable and necessary for the discharge of its duties under this chapter and to authorize any member, employee, or agent appointed by it to conduct such investigations or hold such hearings. (b) In any such hearing or investigation, any member of the commission or any employee or agent thereto authorized by the commission may administer oaths, examine witnesses, and issue, in the name of the commission, subpoenas requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing or investigation. (c) Witnesses shall receive the same fees and mileage as in civil actions, to be paid out of funds appropriated to the commission. (d)(1) In case of contumacy or refusal to obey a subpoena issued under this section or refusal to testify, the circuit court of the county where the proceeding is pending or in which the person guilty of the contumacy or refusal to obey is found or resides shall have jurisdiction, upon application of the commission or its authorized member, employee, agent, or administrative law judge, to issue to the person an order requiring him or her to appear and testify or produce evidence, as the case may require. (2) A failure to obey the order of the court may be punished by the court as contempt. (e) In accordance with the powers set forth in subsections (a)-(d) of this section, the commission is authorized to conduct adjudicatory hearings providing an aggrieved person with standing a forum for contesting any decision of the Division of Environmental Quality. For

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-210

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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Record provenance

Stable record: arkansas_code:legal_authorities:8-4-210
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8b478bf3ef8fd4302a1b139439d8ce93bf093cf76564b4154b46a3fc7992849f

Source location: content.xml paragraph 1693

Stored source content

8-4-210. Investigations and hearings generally. (a) The Arkansas Pollution Control and Ecology Commission is given and charged with the power and duty to conduct such investigations and hold such hearings as it may deem advisable and necessary for the discharge of its duties under this chapter and to authorize any member, employee, or agent appointed by it to conduct such investigations or hold such hearings. (b) In any such hearing or investigation, any member of the commission or any employee or agent thereto authorized by the commission may administer oaths, examine witnesses, and issue, in the name of the commission, subpoenas requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing or investigation. (c) Witnesses shall receive the same fees and mileage as in civil actions, to be paid out of funds appropriated to the commission. (d)(1) In case of contumacy or refusal to obey a subpoena issued under this section or refusal to testify, the circuit court of the county where the proceeding is pending or in which the person guilty of the contumacy or refusal to obey is found or resides shall have jurisdiction, upon application of the commission or its authorized member, employee, agent, or administrative law judge, to issue to the person an order requiring him or her to appear and testify or produce evidence, as the case may require. (2) A failure to obey the order of the court may be punished by the court as contempt. (e) In accordance with the powers set forth in subsections (a)-(d) of this section, the commission is authorized to conduct adjudicatory hearings providing an aggrieved person with standing a forum for contesting any decision of the Division of Environmental Quality. For the purposes of such hearings, the commission's jurisdiction shall be construed as including all regulatory programs vested with the division.

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