§ 20-21-222 - Administrative proceedings. - Arkansas Statutes

20-21-222. Administrative proceedings.

(a) Under this subchapter:

(1) In any proceeding for the issuance or modification of rules or regulations relating to control of sources of ionizing radiation, the State Radiation Control Agency shall provide an opportunity for public participation through written comments or a public hearing, or both;

(2) In any proceeding for the denial of an application for a license or for revocation, suspension, or modification of a license, the agency shall provide to the applicant or licensee an opportunity for a hearing on the record;

(3) In any proceeding for licensing ores processed primarily for their source material content or disposal of radioactive material or for licensing commercial burial of radioactive wastes, the agency shall provide:

(A) An opportunity, after public notice, for written comments and a public hearing with a transcript;

(B) An opportunity for cross examination; and

(C) A written determination of the action to be taken which is based upon findings included in the determination and upon evidence presented during the public comment period;

(4) In any proceeding for licensing ores processed primarily for their source material content, for disposal of radioactive material, or for licensing commercial burial of radioactive wastes, the agency shall prepare a written analysis of the impact of the activity on the environment for each licensed activity which has a significant impact on the human environment. The analysis shall be available to the public before the commencement of hearings held pursuant to subdivision (a)(3) of this section and shall include:

(A) An assessment of the radiological and nonradiological impacts to the public health;

(B) An assessment of any impact on any waterway and groundwater;

(C) Consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted; and

(D) Consideration of the long-term impacts including decommissioning, decontamination, and reclamation of facilities and sites associated with the licensed activities and management of any radioactive materials which will remain on the site after the decommissioning, decontamination, or reclamation; and

(5) The agency shall prohibit any major construction with respect to any activity for which an environmental impact analysis is required by subdivision (a)(4) of this section prior to completion of such an analysis.

(b) (1) Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency may without notice or hearing issue a regulation or order reciting the existence of the emergency and requiring that the action be taken as is necessary to meet the emergency.

(2) Notwithstanding any provision of this subchapter, the regulations or order shall be effective immediately.

(3) Any person to whom the regulation or order is directed shall comply with the regulation or order immediately but, on application to the agency, shall be afforded a hearing within ten (10) days.

(4) On the basis of the hearing, the emergency regulation or order shall be continued, modified, or revoked within thirty (30) days after the hearing.

(c) Any final order entered in any proceeding under this section may be appealed to the Pulaski County Circuit Court within twenty (20) days from the date of issuance of the order.