021.00.2-X. Procedure on Denial, Suspension, or Revocation
AR ADC 021.00.2-XArkansas Administrative CodeEffective: [See Text Amendments] to February 6, 2022
Effective: [See Text Amendments] to February 6, 2022
Ark. Admin. Code 021.00.2-X
021.00.2-X. Procedure on Denial, Suspension, or Revocation
The board shall have sole authority over architects, landscape architects, and registered interior designers to deny or suspend any license to practice issued by the board or applied for in accordance with the provisions of the Act, or to otherwise discipline a licensee upon the following determination:
Proceedings shall be as follows:
(3) That the applicant may secure a hearing before the board by depositing in the mail within twenty (20) days after service of said notice, a registered letter addressed to the board containing a request for a hearing. In any proceedings of the board involving the denial of a duly made application to take an examination or refusal to issue a license after an applicant has taken and passed an examination, the burden of satisfying the board of the applicant's qualifications shall be upon the applicant.
(3) That, based on the evidence indicated, the board has determined that the continuation of practice of the occupation or profession of the licensee will cause an immediate hazard to the public and has, therefore, suspended the license of the licensee, effective as of the date that such notice is served;
Any notice required by subsection B.2 may be served either personally or by an officer authorized by law to serve process, or by registered mail or certified mail, with return receipt requested, directed to the licensee or applicant at his or her last known address, as shown by the records of the board. If notice is served personally, it shall be deemed to have been served at the time when the officer delivers the notice to the person addressed. Where notice is served by registered mail, it shall be deemed to have been served on the date borne by the return receipt, showing delivery of the notice to the addressee or refusal of the addressee to accept the notice. An attempt to serve notice at the last address of record shall constitute official notice.
Board hearings held under the provisions of this rule shall be conducted at the board office or elsewhere in Pulaski County. The hearings may be held anywhere within Arkansas if the person whose license is involved and the board agree that the hearing should be held at some place outside Pulaski County.
Use of Hearing Office? All hearings under this section shall be open to the public. At all such hearings, at least a quorum of the board shall be present to hear and determine the matter.
A person entitled to be heard pursuant to this section shall have the right to....
In connection with any hearing held pursuant to the provisions of this section, the Board or its hearing officer shall have the power to...
In proceedings held pursuant to this rule, the board may admit any evidence and may give probative effect to evidence that is of a kind commonly relied on by reasonably prudent people in the conduct of serious affairs. The Board may, at their discretion, exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.
Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a Circuit Court.
Within a reasonable time after the decision is rendered, the board shall serve to the person whose license is involved a written copy of the decision, either personally or by registered mail. If the decision is sent by registered mail, it shall be deemed to have been served on the date borne on the return receipt.
Within a reasonable time after the decision is rendered, the board shall serve to the person whose license is involved a written copy of the decision, either personally or by registered mail. If the decision is sent by registered mail, it shall be deemed to have been served on the date borne on the return receipt.
Credits
Amended Sept. 15, 2013.
Ark. Admin. Code 021.00.2-X, AR ADC 021.00.2-X
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