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

West's Arkansas Administrative Code
Title 021. Board of Architects
Division 00.
Rule 2. Rules and Procedure
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
A. Grounds for Discipline
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:
1. That the holder of the registration or certificate of license is practicing in violation of this chapter or of the proper rules and regulations of the examining body governing this chapter;
2. That the license or certificate has been obtained by fraud or misrepresentation, or the person named therein has obtained it by fraud or misrepresentation;
3. That any money, except the regular fees provided for, has been paid for the license or certificate;
4. That the holder of the license or certificate is falsely impersonating a practitioner or former practitioner of a like or different name or is practicing under an assumed or fictitious name;
5. That the holder of the license or certificate has been guilty of a felony;
6. That the holder of the license or certificate has aided or abetted, in the practice of architecture or landscape architecture any person not duly authorized to practice architecture or landscape architecture under the provisions of this chapter;
7. That the holder of a license or certificate has aided or abetted, in the use of the title “registered interior designer” any person not duly authorized to utilize the title “registered interior designer” under the provisions of this chapter;
8. That the holder of the license or certificate has been guilty of fraud or deceit or of gross negligence or misconduct in the practice of architecture;
9. That the holder of the certificate has been guilty of gross incompetence or recklessness in the designing or construction of buildings;
10. That the holder of the license or certificate affixed, or permitted to be affixed, his/her seal or name to any plans, specifications, drawings or related documents that were not prepared by him/her or under his/her responsible supervisory control;
11. That the holder of the license or certificate has been judged mentally incapable by a court of competent jurisdiction.
B. Proceedings
Proceedings shall be as follows:
1. Opportunity for licensee or applicant to have a hearing: Every licensee or applicant for a licensee shall be afforded notice and an opportunity to be heard before the board. The board shall have authority to take any action, the effect of which would be to...
a. Deny permission to take an examination for licensing for which application has been duly made;
b. Deny a license after examination for any cause other than failure to pass an examination;
c. Withhold the renewal of a license for any cause;
d. Suspend a license; and/or
e. Revoke a license.
2. Notice of action or contemplated action by the board - Requests for Hearing - Notice of Hearing:
a. When the Board contemplates taking any action of a type specified in paragraphs a and b of subsection B.1 supra, it shall give written notice to the applicant, including a statement...
(1) That the applicant has failed to satisfy the board with his or her qualifications to be examined or to be licensed, as the case may be;
(2) Indicating in what respects the applicant has failed to satisfy the board; and
(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.
b. When the board contemplates taking any action of a type specified in paragraphs c, d, and e of subsection B. 1 supra, it shall give written notice to the licensee that contains a statement...
(1) Indicating the general nature of the evidence and detailed allegations of the violations with which the licensee is charged;
(2) That a hearing will be held on a certain date, no sooner than twenty (20) days after the mailing of the notice, and, that at that hearing, the board will receive evidence.
c. When the board shall summarily suspend a license pending a hearing as authorized in subsection B.2 supra, it shall give written notice of the general nature of the evidence and detailed allegations of the violations with which the licensee is charged. The notice will contain a statement...
(1) That the board has sufficient evidence that, if not rebutted or explained, will justify revocation of the license by the board;
(2) That indicates the general nature of the evidence against the licensee;
(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;
(4) That the board will then set an immediate hearing for a full evidentiary presentation by the licensee and the board.
d. In any hearing before the board involving the suspension or revocation of a license, the burden shall be on the board to present sufficient evidence to justify the action taken or proposed by the board.
C. Method of Serving Notice of Hearing
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.
D. Venue of Hearing
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.
E. Hearings Public
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.
F. Rights of Person Entitled to Hearing
A person entitled to be heard pursuant to this section shall have the right to....
1. Be represented by counsel;
2. Present all relevant evidence by means of witnesses and books, papers and documents;
3. Examine all opposing witnesses on any matter relevant to the issues;
4. Have subpoenas and subpoenas duces tecum issued to compel the attendance of witnesses and the production of relevant books, papers, and documents upon making written request thereof to the Board; and
5. Have a transcript of the hearing made at his/her own expense.
G. Powers of the Board in Connection with Hearing
In connection with any hearing held pursuant to the provisions of this section, the Board or its hearing officer shall have the power to...
1. Have counsel to develop the case;
2. Administer oaths to develop the case;
3. Take testimony;
4. Examine witnesses;
5. Have a transcript of the hearing made at the expense of the board; and
6. Direct a continuance of any case.
H. Rules of Evidence
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.
I. Fees - Witnesses
Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a Circuit Court.
J. Manner and Time of Rendering Decision
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.
K. Service if Written Decision
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.
L. Contents of Decision
1. Findings of fact made by the board;
2. Conclusions of law reached by the board;
3. The order of the board based upon these findings of fact and conclusions of law; and
4. A statement informing the person whose license is involved of his right to request a judicial review and the time within which such a request must be made.
M. Judicial Review
Judicial review of proceedings under this rule shall be governed by the Administrative Procedure Act or other applicable law.

Credits

Amended Sept. 15, 2013.
Ark. Admin. Code 021.00.2-X, AR ADC 021.00.2-X
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