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  1. (a) For the purpose of receiving and responding to written comments and objections and for presiding at a public hearing, the Arkansas Pollution Control and Ecology Commission or the Director of the Division of Environmental Quality may designate one (1) or more examiners.

  2. (b) An examiner may:

    1. (1)

      1. (A) Set the time and location of the public hearing.

      2. (B) Public notice of the information shall be circulated in accordance with rules issued by the commission;

    2. (2) Receive all information submitted pursuant to the pending action and permit or deny cross-examination of witnesses;

    3. (3) Recommend denial or approval, in whole or in part, of the proposed or requested action;

    4. (4) Maintain order at the public hearing;

    5. (5) Generally guide the course of the public hearing; and

    6. (6) Arrange with the applicant, upon request of any party, access to the mining area for the purpose of gathering information relevant to the proceeding.