Home Table of Contents

007.04.17-13. Complaints, Hearings, and Appeals.

AR ADC 007.04.17-13Arkansas Administrative CodeEffective: August 1, 2022

West's Arkansas Administrative Code
Title 007. Department of Health
Division 04. Environmental Health Services
Rule 17. Rules Pertaining to State Board of Sanitarians
Effective: August 1, 2022
Ark. Admin. Code 007.04.17-13
Formerly cited as AR ADC 079.00.1-2
007.04.17-13. Complaints, Hearings, and Appeals.
Currentness
(A) Any person may file a complaint with the Board against any person having a license to practice as a Registered Sanitarian in this state charging him with:
(1) Failure to have the necessary qualifications as set out in Ark. Code Ann. § 17-43-303; and
(2) With the commission of any of the offenses enumerated and described as unprofessional conduct in Ark. Code Ann. § 17-43-309.
(B) The said complaint shall set forth a specification of charges in sufficient detail that the person so accused shall have full and complete disclosure to him of any:
(1) alleged acts of misconduct;
(2) impropriety, or
(3) lack of qualifications.
(C) When such complaint is filed, the Secretary of the Board shall mail a copy thereof to the person so accused by registered mail, at his last address of record with a written notice of the time and place of the hearing thereon advising him that he may be present in person and by counsel if he so desires, to offer evidence and be heard in his defense.
(D) The time fixed for such hearing shall not be less than 20 days from the date of the mailing of the notice.
(E) At the time and place fixed for a hearing before the Board, the Board shall receive evidence upon the subject under consideration and shall accord the person against whom charges are preferred a full and fair opportunity to be heard in his defense.
(F) The Board shall not be bound by strict or technical rules of evidence, but shall consider all evidence fully and fairly, provided however, that all oral testimony considered by the Board must be under oath.
(G) If the person so charged be found not guilty of these things and matters with which he is charged the Board shall dismiss the charges or complaint, but should such person be found guilty, the Board shall:
(1) revoke his license;
(2) suspend his license for a period not to exceed one year; or,
(3) grant him probation under terms and conditions to be determined by it for the best interest of the person so charged and the people of the State of Arkansas.
(H) Appeal may be had by either of the parties from the decision of the Board in the manner now provided by law.
(I) All evidence considered by the Board shall be reduced to writing and available for the purpose of appeal or certiorari to any of the parties of said hearing.
(J) Nothing herein shall be construed so as to deprive any person of his rights without full, fair and impartial hearing.
(K) The words “license” and “registration” are synonymous in these Rules.

Credits

Amended Aug. 1, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 007.04.17-13, AR ADC 007.04.17-13
End of Document