§ 15-58-204 - Adoption of rules and regulations.
15-58-204. Adoption of rules and regulations.
(a) Prior to the adoption, amendment, or repeal of any rule or regulation, the Arkansas Pollution Control and Ecology Commission shall give public notice and the opportunity for a legislative public hearing pursuant to 15-58-207 and 15-58-208.
(b) If the commission finds that imminent peril to the public health, safety, or welfare requires adoption of a rule upon fewer 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 or regulation. The rule or regulation may be effective for no longer than one hundred twenty (120) days.
(c) Any person shall have the right to petition for the issuance, amendment, or repeal of any rule or regulation. Within ninety (90) days after submission of a petition, the agency shall either 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) The commission shall file with the Governor and the Secretary of State a certified copy of each rule or regulation adopted by it. The Secretary of State shall keep a permanent register of the rule or regulation open to public inspection. Each rule or regulation shall be effective twenty (20) days after filing, unless a later date is specified by law or in the rule or regulation itself. However, an emergency rule or regulation may become effective immediately upon filing or at a stated time less than twenty (20) days thereafter if the agency finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare. The agency's finding and a brief statement of the reasons therefor shall be filed with the rule or regulation. The agency shall take appropriate measures to make emergency rules or regulations known to the persons who may be affected by them.
(e) No rule or regulation shall be valid unless adopted and filed in substantial compliance with this chapter.