Ark. Code Ann. » Title 8 Chapter 01
Arkansas Code Annotated

Ark. Code Ann. § 8-1-204 (2026)

Administrative law judge

✓ current as of May 2026
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  1. The Arkansas Pollution Control and Ecology Commission shall employ a full-time administrative law judge to perform functions and duties that the commission shall direct and, in particular, to advise the commission on matters of law and procedure that may arise during the conduct of commission duties and responsibilities as outlined in §§ 8-1-203, 8-4-201, 8-4-202, 8-4-311, 8-5-205, and 8-6-207, or as otherwise provided by law.
  2. The administrative law judge shall be selected and hired by the commission and shall be independent of and not an employee of the Division of Environmental Quality.
  3. The expenses of the administrative law judge shall be paid from the Division of Environmental Quality Fee Trust Fund or from other sources as provided by law.
  4. The office space for the administrative law judge shall be at a location other than the offices of the division.
  5. An administrative assistant II shall be supervised by and provide assistance to the administrative law judge authorized in this section.
  6. The disbursing officer of the division shall disburse the funds appropriated for the commission's administrative law judge.

History. Acts 1995, No. 1191, § 36; 1999, No. 1164, § 9; 2003, No. 51, § 1; 2015, No. 838, § 3; 2019, No. 910, § 2435.

Amendments. The 2015 amendment substituted “law judge” for “hearing officer” in the section heading and throughout the section; and substituted “administrative law judge” for “hearing officer” in (d) and (f).

The 2019 amendment substituted “Division of Environmental Quality” for “Arkansas Department of Environmental Quality” in (b) and (c); and substituted “division” for “department” in (d) and (f).

Cross References. Arkansas Department of Environmental Quality Fee Trust Fund, §§ 8-1-105 and 19-5-1137.

Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: Nucor Steel-Arkansas v. Arkansas Pollution Control & Ecology Comm'n, 2015 Ark. App. 703 (Ark. Ct. App. 2015).
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Nucor Steel-Arkansas v. Arkansas Pollution Control & Ecology Comm'n, 2015 Ark. App. 703 (Ark. Ct. App. 2015). · cites it 2× “See Ark.Code Ann. § 8-1-204 (Supp. 2015) (allowing PC&E to employ an administrative hearing officer).”
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