12 CAR § 131-206 – Administrative hearing

(a) At the time and place indicated on the face of the citation, an administrative hearing shall be held to determine whether the respondent violated this part and, if so, an appropriate civil penalty to encourage compliance.
(b) Hearing officer. The State Judge Advocate shall designate a person who is knowledgeable in the law to:
1. (1) Hear alleged violations of this part; and
2. (2) Render conclusive determinations.
(c) Standard of proof.
1. (1) There is a presumption that every person operating or parking a vehicle on a state military reservation does so in accordance with the law and this part.
2. (2) This presumption may only be rebutted by a preponderance of the evidence that a violation occurred.
(d) Rules of evidence.
1. (1)
  1. (A) Hearings conducted under this part need not adhere to the Arkansas Rules of Evidence.
  2. (B) Rather, hearing officers should apply such rules in a manner that will encourage openness and fairness.
2. (2) Hearing officers are permitted to weigh evidence in light of its admissibility under the Arkansas Rules of Evidence.
(e) Telephonic appearance. The hearing officer is permitted to accept telephonic evidence when the hearing officer is adequately assured, in his or her own discretion, of the identity of the witness.
(f) Continuances. The hearing officer is authorized to continue cases from one day to another based upon fairness or other appropriate concerns.
(g) Conduct of hearing.
1. (1) Every hearing shall be conducted in such a manner to allow the presentation of evidence that is relevant and reliable.
2. (2) The presentation of evidence shall:
  1. (A) Be orderly; and
  2. (B) Conclude when the hearing officer determines, in his or her sole discretion, that sufficient evidence has been received to render a fair determination.
3. (3) Hearings shall be concluded when the hearing officer announces his or her determination.
(h) Penalties.
1. (1) If a hearing officer determines that a respondent violated this part, he or she shall announce the amount of penalty assessed, which shall not exceed one hundred dollars ($100) per violation.
2. (2) Assessed penalties shall be paid in full immediately.
3. (3) Any person who does not pay an assessed penalty in full immediately upon determination shall be:
  1. (A) Deemed to willfully disregard this part; and
  2. (B) Referred for suspension of access to or driving privileges on the state military reservation.
(i) Appeal. If a hearing officer determines that a respondent violated this part, he or she shall inform the respondent of the right to appeal to district court under state law.