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8-4-221. Violations of chapter, orders, rules, etc. — Hearing — Orders.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-221. Violations of chapter, orders, rules, etc. — Hearing — Orders.
On the basis of the evidence produced at the hearing, the Arkansas Pollution Control and Ecology Commission shall enter such order as in its opinion will best further the purposes of this chapter. A copy of the order shall be served upon the alleged violator and on such other persons as shall have appeared at the hearing and made written request for notice of the order, in the manner provided by § 8-4-214. The order of the commission shall become final and binding on all parties unless appealed, as provided in §§ 8-4-222 — 8-4-229, within thirty (30) days after service of the order.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-221
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:8-4-221
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e77b4b59ab800eef2be58ff971973d02c434b9f5c67e958b6378c2a8f2981f77
Source location: content.xml paragraph 1869
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8-4-221. Violations of chapter, orders, rules, etc. — Hearing — Orders.
On the basis of the evidence produced at the hearing, the Arkansas Pollution Control and Ecology Commission shall enter such order as in its opinion will best further the purposes of this chapter. A copy of the order shall be served upon the alleged violator and on such other persons as shall have appeared at the hearing and made written request for notice of the order, in the manner provided by § 8-4-214. The order of the commission shall become final and binding on all parties unless appealed, as provided in §§ 8-4-222 — 8-4-229, within thirty (30) days after service of the order.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-214. Service of notice, orders, etc.
(a) Except as otherwise expressly provided, any notice, order, or other instrument issued by or under authority of the Arkansas Pollution Control and Ecology Commission may be served upon any person affected thereby, personally or by publication. Proof of the service may be made in like manner as in the case of service of a summons in a civil action, with the proof to be filed in the office of the commission.
(b)(1) Service may be had by mailing a copy of the notice, order, or other instrument, by certified mail, directed to the person affected at his or her last known post office address as shown by the files or records of the commission. Proof of the mailing may be made by the affidavit of the person that did the mailing, filed in the office of the commission.
(2) Service by publication shall be accomplished by one (1) insertion in a newspaper of general circulation in the area affected.
(c) Every certificate or affidavit of service made and filed as provided in this section shall be prima facie evidence of the facts therein stated, and a certified copy thereof shall have like force and effect.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-214
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 8-4-214. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-222. Appeals — Entitlement.
An appeal may be taken from a final order, rule, regulation, or other final determination of the Arkansas Pollution Control and Ecology Commission under §§ 8-4-223 — 8-4-229 by those parties that have standing and have exhausted their administrative appeals.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-222
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 8-4-222. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-229. Appeals, proceedings, etc. — Presumptions.
(a) In any appeal or other proceeding involving any order, rule, or other decision of the Arkansas Pollution Control and Ecology Commission, the action of the commission shall be prima facie evidence reasonable and valid, and it shall be presumed that all requirements of the law pertaining to the taking thereof have been complied with.
(b) All findings of fact made by the commission shall be prima facie evidence of the matters therein stated.
(c) The burden of proving the contrary of any provision of this section shall rest upon the appellant or other party questioning the action of the commission.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-229
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 8-4-229. This identifies an authority to review, not proof of applicability.