§ 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.

Legislative History

Amended by Act 2019, No. 315,§ 480, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 479, eff. 7/24/2019. Amended by Act 2013, No. 1021,§ 6, eff. 8/16/2013. Acts 1949, No. 472, [Part 1], § 5; 1965, No. 183, § 4; A.S.A. 1947, § 82-1906; Acts 1997, No. 896, § 2; 1997, No. 1219, § 5.