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8-4-226. Appeal — Response by commission and record.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-226. Appeal — Response by commission and record.
(a)(1) Within thirty (30) days after service of the notice of appeal on the Secretary of the Arkansas Pollution Control and Ecology Commission, the Arkansas Pollution Control and Ecology Commission shall file with the clerk of the circuit court having jurisdiction of the appeal a response to the notice of appeal and the record upon which the final order, rule, or other final determination complained of was entered.
(2) The thirty-day period for filing a response to the notice of appeal and the record by the commission may be extended by the court for cause shown for not more than an additional sixty (60) days.
(3)(A) The record shall consist of:
(i) A copy of any application or petition, all pleadings, or other material paper whereon the action of the commission appealed from was based;
(ii) A statement of any findings of fact, rulings, or conclusions of law made by the commission;
(iii) A copy of the final order, rule, or other final decision appealed from; and
(iv) All testimony, exhibits, and other evidence submitted to the commission in the case.
(B) The parties to the appeal may stipulate that only a specified portion of the record shall be filed with the circuit court.
(4) A response to the notice of appeal filed by the commission shall consist of any statements, admissions, or denials upon the questions of law or fact raised in the notice of appeal as the commission may deem pertinent.
(b) Within the time allowed for making and filing the response, a copy of the response shall be mailed to or served upon the appellant or the appellant's attorney.
(c)(1) The allegations or new matter in the response shall be deemed to be denied by the appellant unless expressly admitted, and no further plea
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-226
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:8-4-226
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a2b1a9570f44fff1d9073ef9870d4b29d6d39048dbcb2fbc2fb22fe8518b9c05
Source location: content.xml paragraph 1930
Stored source content
8-4-226. Appeal — Response by commission and record.
(a)(1) Within thirty (30) days after service of the notice of appeal on the Secretary of the Arkansas Pollution Control and Ecology Commission, the Arkansas Pollution Control and Ecology Commission shall file with the clerk of the circuit court having jurisdiction of the appeal a response to the notice of appeal and the record upon which the final order, rule, or other final determination complained of was entered.
(2) The thirty-day period for filing a response to the notice of appeal and the record by the commission may be extended by the court for cause shown for not more than an additional sixty (60) days.
(3)(A) The record shall consist of:
(i) A copy of any application or petition, all pleadings, or other material paper whereon the action of the commission appealed from was based;
(ii) A statement of any findings of fact, rulings, or conclusions of law made by the commission;
(iii) A copy of the final order, rule, or other final decision appealed from; and
(iv) All testimony, exhibits, and other evidence submitted to the commission in the case.
(B) The parties to the appeal may stipulate that only a specified portion of the record shall be filed with the circuit court.
(4) A response to the notice of appeal filed by the commission shall consist of any statements, admissions, or denials upon the questions of law or fact raised in the notice of appeal as the commission may deem pertinent.
(b) Within the time allowed for making and filing the response, a copy of the response shall be mailed to or served upon the appellant or the appellant's attorney.
(c)(1) The allegations or new matter in the response shall be deemed to be denied by the appellant unless expressly admitted, and no further pleadings shall be interposed.
(2) Otherwise, the allegations of the notice of appeal and response shall have like effect as the pleadings in a civil action and shall be subject to like proceedings, so far as applicable.
(d) With respect to an appeal that is before the Court of Appeals as the result of a motion to transfer an appeal under § 8-4-223(d), the requirements applicable to the commission's response and the record shall be determined under the Rules of Appellate Procedure — Civil.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-223. Appeals — Notice.
(a)(1) Within thirty (30) days after service of a copy of the final order, rule, or other final determination of the Arkansas Pollution Control and Ecology Commission, the appellant may file a notice of appeal with the circuit court of the county in which the business, industry, municipality, or thing involved is situated.
(2) A copy of the notice of appeal shall be served upon the Secretary of the Arkansas Pollution Control and Ecology Commission by personal delivery or by mail with a return receipt requested within ten (10) days of filing with the circuit court.
(b)(1) The notice of appeal:
(A) Shall state the action of the commission appealed from;
(B) Shall specify the grounds of the appeal, including points of both law and fact that are asserted or questioned by the appellant; and
(C) May contain any other allegations or denials of fact pertinent to the appeal.
(2) The notice of appeal shall state an address within the state at which service of a response to the notice of appeal and other papers in the matter may be made upon the appellant.
(c) Upon filing the notice of appeal with the clerk of the circuit court, the circuit court shall have jurisdiction of the appeal.
(d)(1) Within ten (10) business days of service of the notice of appeal required under subdivision (a)(2) of this section, the owner or operator of the business, industry, municipality, or thing involved may file a motion to transfer the appeal from the circuit court to the Court of Appeals.
(2) Upon the filing of a motion under subdivision (d)(1) of this section, the appeal shall be transferred from the circuit court to the Court of Appeals.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-223
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 8-4-223. This identifies an authority to review, not proof of applicability.