(a) If a preliminary determination is made by the board that an application for license should be denied the board will inform the applicant of the grounds or basis of the proposed denial in writing. Any Applicant who is denied the issuance of a license by the Board may appeal such decision and request a hearing before the full Board on the application. The Applicant shall file the appeal in writing with the Board within thirty (30) days of receipt of the notice of denial.

(b) Within thirty (30) days of the filing of the appeal on the denial of a license, the Board shall hold a hearing on the application. The Applicant shall be notified in writing of the date, time, and location of the hearing at least twenty (20) days in advance of the hearing on the appeal.

(c) The Board and the Applicant shall disclose no later than ten (10) days before the hearing on the merits the names, addresses and telephone numbers of all persons who they intend to call as witnesses at the hearing, and shall provide a list of exhibits which will be offered for introduction into evidence.

(d) The Applicant shall not engage in communications with any member of the Board on any matter related to the application or the appeal prior to the date set for the hearing, nor shall the Board members engage in communications in violation of the Arkansas Administrative Procedures Act or the Arkansas Freedom of Information Act.

(e) At the hearing, the Applicant shall be provided the opportunity to present evidence, by testimony or by documents, cross examine all witnesses, and call witnesses for the Board to consider with respect to the grant or denial of the license sought by the Applicant.

(f) Hearings before the Board are governed by the Arkansas Administrative Procedures Act, and the Board shall not be bound by the Arkansas Rules of Evidence or the Arkansas Rules of Civil Procedure in its proceedings. However, the Rules may serve as a guide to the presiding officer for the conduct of the hearing. The President of the Board shall rule on all motions as well as all evidentiary and procedural matters that arise during the hearing. The Board may appoint an impartial hearing officer to preside at or assist the Board.

(g) The Board shall not cause a license to be issued to a person it has deemed to be unqualified until and unless the Board has been satisfied that the Applicant has complied with all the terms, conditions, and requirements set forth in the Act and these rules, and that the Applicant is capable of safely and ethically engaging in the practice of acupuncture and related techniques.

(h) When an Applicant has been denied a license, he or she may not reapply for a license until one of the following has taken place:

(a) A complaint may be initiated by any person by a telephone call, a written complaint, or a walk-in complaint presented to any Board Member or the Board's representative. The Board shall prepare a complaint form. This form shall be available at the office of the Board or from the Secretary of the Board. A written complaint form shall be submitted to the Board to initiate the review process. If a complaint is made by telephone, a complaint form shall be mailed to the complainant.

(b) The Secretary of the Board shall maintain a written log of all complaints received which records the date of the complaint, the name, address and telephone number of the Complainant, the name of the subject of the complaint (Respondent), the method by which the complaint was made (e.g., telephone, letter, sworn written complaint, etc.), and other pertinent data as the Board may direct.

(c) Acupuncturists shall have every patient sign a form that contains the following information: “All licensed acupuncturists are governed by Arkansas statutes A.C.A. § 17-102-101 et seq, and the Rules of the Arkansas State Board of Acupuncture and Related Techniques (ASBART). Patients may contact ASBART for information or complaints.”

(a) Upon receipt of a written, signed complaint, or upon the Board's own action as initiated by a vote of the majority of the members of the Board acting at a duly convened meeting of the Board, and as then reduced to a written complaint, if the Board has reasonable cause to believe that the Act or the Rules promulgated pursuant thereto have been or are being violated, the Board Secretary shall:

(b) Furnish the Respondent with a copy of the complaint and all documents filed in relation to the complaint by certified mail within seven (7) working days of the receipt of the complaint by the Board. The Respondent shall also be informed in writing at this time that the Board has initiated an investigation into the complaint, and that the Respondent may furnish the Board documents relevant to the complaint.

(c) Both parties shall refrain from contacting any member of the Board while the complaint is under investigation, and until the matter has been resolved.

(a) The Board will review all written, signed complaints filed against a Licensee or Applicant.

(b) The Respondent shall be provided at least twenty (20) calendar days in which to file a written response to the complaint, and shall be advised that he or she is required to provide all documents and exhibits in support of his or her position.

(c) If the Board determines that further information is needed, it may issue subpoenas, or employ an investigator, or experts, or other persons whose services are determined to be necessary, in order to assist in the processing and investigation of the complaint.

(d) Upon completion of the investigation, the Board will prepare a written summary of its initial findings. The summary shall not identify any of the parties by name, but by case number only until the issue has been set for a hearing. The Board shall provide a copy of its findings to the Complainant and Respondent prior to the matter being set for a hearing.

(e) If the Board determines that it does not have jurisdiction, or if it does have jurisdiction but finds that no violation exists, both the Complainant and Respondent will be notified in writing. The letter will explain why the case cannot be accepted for investigation and/or action (e.g. due to the statute of limitations, or the nature of the complaint being a fee dispute, or there being no violation of the Act or the Rules), or it may note that the complaint can be referred to another agency. A letter from the Board will be sent within thirty (30) days of the date of the Board's decision to both the Complainant and Respondent. The letter will state the Board's action and the reasons for its decision. The letter will be signed by the President.

(a) Unless the Board dismisses the complaint pursuant to Title V. B.3(e), above, the complaint shall be set for a hearing before the full Board. The matter shall be referred to only by the assigned case number, and shall be brought pursuant to the provisions of the Arkansas Administrative Procedure Act.

(b) The Respondent shall be notified of the hearing at least thirty (30) days in advance of the date set for the hearing. The Complainant shall also receive a copy of the notice of hearing. The notice of hearing shall set forth the charges and allegations against Respondent in sufficient detail so as to provide full disclosure and notice of all violations of the Act and rules.

(c) The Respondent may file a response to the notice of hearing, but is not required to do so. Any written response to the charges must be filed with the Board ten (10) days in advance of the date set for the hearing on the complaint.

(d) The Respondent may waive a hearing on the notice and complaint. Such waiver of the right to a hearing must be in writing, signed by the Respondent, and filed with the Board.

(e) At any time the Board may enter into a settlement agreement with the Licensee as a means of resolving a complaint. Any proposed settlement agreement must be approved by the Board upon a majority vote of those qualified to vote, and must be approved further by the Licensee or Applicant, upon a knowing and intentional waiver by the Licensee or Applicant of his or her right to a hearing.

(f) The Board is empowered to issue subpoenas pursuant to the Ark. Code Ann. § 17-102-206(c) and Ark. Code Ann. § 17-80-102.

(g) The Board may appoint an impartial hearing officer to preside at or assist the Board in any hearing.

(a) The parties shall disclose to each other no later than ten (10) days before the hearing on the merits the names, addresses and telephone numbers of all persons who they intend to call as witnesses at the hearing, and shall provide a list of exhibits which each intends to offer for introduction into evidence. If the opposing party is not in possession of a copy of any of the listed exhibits, the party which intends to offer the exhibits shall provide copies of all such exhibits at the time the written exhibit list is provided.

(b) The Respondent shall not engage in communications with any member of the Board on any matter after a notice of hearing has been issued by the Board, nor shall the Board members engage in ex-parte communications in violation of the Arkansas Administrative Procedures Act or the Arkansas Freedom of Information Act.

(c) At the hearing, each party shall be provided the opportunity to present evidence, by testimony or by documents, cross examine witnesses and call witnesses.

(d) Hearings before the Board are governed by the Arkansas Administrative Procedures Act and shall not be bound by the Arkansas Rules of Evidence or the Arkansas Rules of Civil Procedure in its proceedings. However, the Rules may serve as a guide to the presiding officer for the conduct of the hearing. The President of the Board or its duly appointed hearing officer shall rule on all motions as well as all evidentiary and procedural matters that arise during the hearing.

(e) When a Licensee is found guilty of any of the acts set forth in the Act or a violation of any Order of the Board, or of a violation of these rules, the Board may impose the following sanctions: