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003.22.1-17. Complaints

AR ADC 003.22.1-17Arkansas Administrative CodeEffective: December 12, 2021

West's Arkansas Administrative Code
Title 003. Department of Commerce
Division 22. Insurance Department
Rule 1. State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services--Rule Pertaining to Embalmers, Funeral Directors, Funeral Establishments, Crematories, Crematory Retort Operators, and Transport Services
Effective: December 12, 2021
Ark. Admin. Code 003.22.1-17
Formerly cited as AR ADC 043.00.1-XV
003.22.1-17. Complaints
Currentness
A. Complaints concerning violations of statutes or Board Rules may be made by the Board itself, through its staff, or by a member of the public.
B. All complaints shall be submitted to the Board's office.
C. A copy of any complaint filed will be sent to the licensee or party against whom the complaint has been lodged.
D. The licensee or other party is to be given fifteen (15) days to respond, in writing, to the allegations of the complainant. Failure to respond and the failure to timely respond to the complaint, are automatic violations.
E. All complaints and responses shall be typed or written legibly. All complaints and responses shall also be signed and notarized.
F. Upon receipt of the response(s), the complaint will be investigated if so warranted. When appropriate, the Board's inspector may inspect the establishment against whom the complaint has been filed.
G. After any investigation is complete, the Board's counsel will review the complaint file.
H. Board staff will then recommend that the Board either: close the complaint because there is no evidence of violations, set the matter for a hearing, or resolve by another means.
I. If the Board determines that the matter should be set for a hearing, then an order and notice of hearing will be sent to the licensee(s) or other party(ies) by Certified Mail.
J. The licensee or other party and the complainant shall be given twenty (20) days written notice of the time and place of the hearing. Failure to appear at the hearing is an automatic violation.

Credits

Amended Dec. 12, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 003.22.1-17, AR ADC 003.22.1-17
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