(a) Scope of this section.

1. (1) This section applies in all administrative adjudications conducted by the State Board of Examiners of Alcoholism and Drug Abuse Counselors.
2. (2) This procedure is developed to provide a process by which the board formulates orders (for example, an order revoking a license to practice).

(b) Authority of the board. The board may deny, revoke, or suspend any license, registration, or certificate upon proof that the person has:

1. (1) Willfully or repeatedly violated any of the provisions of Arkansas Code § 17-27-401 et seq., or any rule promulgated by the board; or
2. (2) Practiced outside the scope of practice for which he or she is licensed or certified under Arkansas Code § 17-27-401 et seq.

(c) Appearances.

1. (1) Any party appearing in any agency proceeding has the right, at his or her own expense, to be represented by counsel.
2. (2) The respondent may appear in his or her own behalf.
3. (3) Any attorney representing a party to an adjudicatory proceeding must file notice of appearance as soon as possible.
4. (4) Service on counsel of record is the equivalent of service on the party represented.
5. (5) On written motion served on the party represented and all other parties of record, the presiding officer may grant counsel of record leave to withdraw for good cause shown.

(d) Consolidation. If there are separate matters that involve similar issues of law or fact, or identical parties, the matters may be consolidated if it appears that consolidation:

1. (1) Would promote the just, speedy, and inexpensive resolution of the proceedings; and
2. (2) Would not unduly prejudice the rights of a party.

(f) Initiation and notice of hearing.

1. (1) An administrative adjudication is initiated by the issuance by the board of a notice of hearing.

2. (2)

   1. (A) The notice of hearing will be sent to the respondent by United States mail, return receipt requested, delivery restricted to the named recipient or his or her agent.
   2. (B) Notice shall be sufficient when it is so mailed to the respondent’s latest address on file with the board.
3. (3) Notice will be mailed at least thirty (30) days before the scheduled hearing.

4. (4) The notice will include a:

   1. (A) Statement of the time, place, and nature of the hearing;
   2. (B) Statement of the legal authority and jurisdiction under which the hearing is being held; and
   3. (C) Short and plain statement of the matters of fact and law asserted.

(g) Proceedings. The person charged:

1. (1) May appear in person or by counsel, testify, produce evidence and witnesses on his or her behalf, and cross-examine witnesses; and
2. (2) Is entitled on application to the board to the issuance of subpoenas to compel the attendance of witnesses and the production of documentary evidence.

(h) Subpoenas.

1. (1)

   1. (A) At the request of any party, the agency shall issue subpoenas for the attendance of witnesses at the hearing.
   2. (B) The requesting party shall specify whether the witness is also requested to bring documents and reasonably identify said documents.

2. (2)

   1. (A) A subpoena may be served by any person:

(i) Specified by law to serve process; or

1. (ii) Who is not a party and who is eighteen (18) years of age or older.

   1. (B) Delivering a copy to the person named in the subpoena shall make service.
   2. (C) Proof of service may be made by affidavit of the person making service.

   3. (D) The party seeking the subpoena shall:

      1. (i) Have the burden of obtaining service of the process; and
      2. (ii) Be charged with the responsibility of tendering appropriate mileage fees and witness fees pursuant to Rule 45 of the Arkansas Rules of Civil Procedure.
   4. (E) The witness must be served at least two (2) days prior to the hearing.
   5. (F) For good cause shown, the board may authorize the subpoena to be served less than two (2) days before the hearing.

2. (3) Any motion to quash or limit the subpoena shall:

   1. (A) Be filed with the agency; and
   2. (B) State the grounds relied upon.

3. (4) The board may invoke the aid of the circuit court for the county in which the hearing is held to enforce compliance with its subpoena.

   1. (i) Continuances.
4. (1) The board’s chair may grant a continuance of hearing for good cause shown.
5. (2) Requests for continuances will be made in writing.

6. (3)

   1. (A) In determining whether to grant a continuance, the chair may consider:

      1. (i) Prior continuances;
      2. (ii) The interests of all parties;
      3. (iii) The likelihood of informal settlements;
      4. (iv) The existence of an emergency;
      5. (v) Any objection;
      6. (vi) Any applicable time requirement;
      7. (vii) The existence of a conflict of the schedules of counsel, the parties, or witnesses;
      8. (viii) The time limits of the request; and
      9. (ix) Other relevant factors.
   2. (B) The chair may require documentation of any grounds for continuance.

(k) Final order.

1. (1) The board will serve on the respondent a written order that reflects the action taken by the agency.
2. (2) The order will include a recitation of facts found based on testimony and other evidence presented and reasonable inferences derived from the evidence pertinent to issues of the case.
3. (3) It will also state conclusions of law and directives or other disposition entered against or in favor of the respondent.