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Arkansas Code Title 15. Natural Resources and Economic Development § 15-58-204. Adoption of rules

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) Before the adoption, amendment, or repeal of any rule, the Arkansas Pollution Control and Ecology Commission shall give public notice and the opportunity for a public hearing under §§ 15-58-207 and 15-58-208.

(b)(1) If the commission finds that imminent peril to the public health, safety, or welfare requires adoption of a rule upon less than twenty (20) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it may choose, to adopt an emergency rule.

(2) The rule may be effective for no longer than one hundred eighty (180) days.

(c)(1) A person has the right to petition for the issuance, amendment, or repeal of any rule.

(2) Within ninety (90) days after submission of a petition, the commission either shall deny the petition, stating in writing its reasons for the denial, or shall initiate rulemaking proceedings in accordance with subsection (a) of this section.

(d)(1) The commission shall file with the Secretary of State a certified copy of each rule adopted by it.

(2) The Secretary of State shall keep a permanent register of the rule open to public inspection.

(3)(A) Each rule shall be effective twenty (20) days after filing, unless a later date is specified by law or in the rule.

(B) However, an emergency rule may become effective immediately upon filing or at a stated time less than twenty (20) days after filing if the commission finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare.

(C) The commission's finding and a brief statement of the reasons shall be filed with the rule.

(D) The commission shall take appropriate measures to make emergency rules known to the persons who may be affected by them.

(e) A rule shall not be valid unless adopted and filed in substantial compliance with this chapter.

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Cite this article: FindLaw.com - Arkansas Code Title 15. Natural Resources and Economic Development § 15-58-204. Adoption of rules - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-15-natural-resources-and-economic-development/ar-code-sect-15-58-204/

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