§ 15-58-212 - Judicial review.
15-58-212. Judicial review.
(a) Any person who participated in the administrative proceeding may institute proceedings for judicial review by filing a petition in the Pulaski County Circuit Court or in the circuit court of any county in which the involved surface coal mining operation is located within thirty (30) days after service upon petitioner of the Arkansas Pollution Control and Ecology Commission's final decision if that person is aggrieved by:
(1) The final order or the decision rendered in an adjudicatory hearing under 15-58-209 -- 15-58-211;
(2) The final decision of the commission on a petition to designate lands unsuitable for all or certain types of surface coal mining pursuant to 15-58-207 and 15-58-208;
(3) The final decision of the commission regarding the use of lands under the State Abandoned Mine Reclamation Program pursuant to 15-58-207 and 15-58-208; or
(4) The promulgation of rules or regulations by the commission pursuant to 15-58-207 and 15-58-208.
(b) Copies of the petition shall be served upon the agency and all other parties of record by personal delivery or by mail.
(c) The court, in its discretion, may permit other interested persons to intervene.
(d) Any petition for judicial review of the assessment of a civil penalty shall be accompanied by a bond, with sufficient surety in the amount of the penalty, plus interest at the rate of ten percent (10%) per annum.
(e) The filing of the petition shall not automatically stay enforcement of the commission's action, but the reviewing court may do so if:
(1) All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;
(2) The person requesting the relief shows that there is a substantial likelihood that he or she will prevail on the merits of the final determination of the proceeding; and
(3) The relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.
(f) Within thirty (30) days after service of the petition or within such further time as the court may allow, but not exceeding an aggregate of ninety (90) days, the commission shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceeding, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.
(g) If, before the date set for hearing, application is made to the court for leave to present additional evidence and the court finds that the evidence is material and that the evidence could not with reasonable diligence have been discovered and produced at the administrative hearing, the court may order that the additional evidence be taken before the commission upon such conditions as may be just. The commission may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.
(h) The review shall be conducted by the court without a jury and shall be confined to the record, except that in cases of alleged irregularities in procedure before the commission, not shown in the record, testimony may be taken before the court. The court shall, upon request, hear oral argument and receive written briefs.
(i) The court may affirm the decision of the commission or remand the case for further proceedings. It may reverse or modify the decision if the substantial rights of the petitioner have been prejudiced because the commission's findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional provisions or the provisions of this chapter;
(2) In excess of the authority granted in this chapter;
(3) Not supported by substantial evidence of record; or
(4) Arbitrary, capricious, or characterized by abuse of discretion.