Browse Arkansas Code titles and sections
8-4-220. Violation of chapter, orders, rules, etc. — Order of division without hearing.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-220. Violation of chapter, orders, rules, etc. — Order of division without hearing.
(a) When the Division of Environmental Quality or its successor finds that an emergency exists requiring immediate action to protect the public health or welfare it may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as it deems necessary to meet the emergency.
(b) Notwithstanding the provisions of §§ 8-4-218 and 8-4-219, the order shall be effective immediately.
(c) Any person to which the order is directed shall comply immediately but, on application to the Arkansas Pollution Control and Ecology Commission, shall be afforded a hearing within ten (10) days after receipt of a written request therefor.
(d) On the basis of the hearing, the commission shall continue the order in effect, revoke it, or modify it.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-220
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:8-4-220
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6a33df99f66bbf3c90874872c0b0aa3700a0868d3faf0064445b42afd4f4966e
Source location: content.xml paragraph 1858
Stored source content
8-4-220. Violation of chapter, orders, rules, etc. — Order of division without hearing.
(a) When the Division of Environmental Quality or its successor finds that an emergency exists requiring immediate action to protect the public health or welfare it may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as it deems necessary to meet the emergency.
(b) Notwithstanding the provisions of §§ 8-4-218 and 8-4-219, the order shall be effective immediately.
(c) Any person to which the order is directed shall comply immediately but, on application to the Arkansas Pollution Control and Ecology Commission, shall be afforded a hearing within ten (10) days after receipt of a written request therefor.
(d) On the basis of the hearing, the commission shall continue the order in effect, revoke it, or modify it.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-218. Violations of chapter, orders, rules, etc. — Hearings — Notice.
(a) Whenever the Division of Environmental Quality or its successor determines that there are reasonable grounds to believe that there has been a violation of any of the provisions of this chapter or any order or rule of the Arkansas Pollution Control and Ecology Commission, it may give written notice to the alleged violator specifying the causes of complaint.
(b) The notice shall require that the matters that are the causes of complaint be corrected or that the alleged violator appear before the commission at a time and place specified in the notice and answer the charges that are the causes of complaint.
(c) The notice shall be served upon the alleged violator in accordance with the provisions of § 8-4-214 not less than ten (10) days before the time set for the hearing.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-218
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 8-4-218. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-219. Violations of chapter, orders, rules, etc. — Hearings — Conduct.
(a) The Arkansas Pollution Control and Ecology Commission shall afford an opportunity for a fair hearing to the alleged violator at the time and place specified in the notice or any modification of the notice.
(b) A hearing may be conducted by the commission or its administrative law judge, who shall have the power and authority to conduct hearings in the name of the commission at any time and place.
(c) A record or summary of the proceedings of the hearings shall be taken and filed at the office of the commission.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-219
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 8-4-219. This identifies an authority to review, not proof of applicability.