(a) Denial of license.

1. (1) If a preliminary determination is made that an application should be denied, the State Board of Examiners of Alcoholism and Drug Abuse Counselors will inform the applicant of the opportunity for a hearing on the application.

2. (2)

   1. (A) The grounds or basis for the proposed denial of a license will be set forth in writing by the board.
   2. (B) Any hearing on the denial of a license will be conducted in accordance with Arkansas Code §§ 25-15-208 and 25-15-213.

(b) Suspension, revocation, annulment, or withdrawal.

1. (1) Prior to the entry of a final order to suspend, revoke, annul, or withdraw a license, or to impose other sanctions upon a licensee, the board will serve the licensee a notice of hearing in the manner set forth herein above and in Arkansas Code § 25-15-208.
2. (2) The board has the burden of proving the alleged facts and violations of law stated in the notice.

(c) Emergency action.

1. (1)

   1. (A) If the agency finds that the public health, safety, or welfare imperatively requires emergency action and incorporates that finding in its order, the board can summarily suspend, limit, or restrict a license.
   2. (B) The notice requirement in (b)(1) will not prevent a hearing at the earliest time practicable.

2. (2)

   1. (A) An emergency order must contain findings that the public health, safety, and welfare imperatively require emergency action to be taken by the board.
   2. (B) The written order must include notification of the notice of hearing, which contains the date on which the board proceedings are scheduled for completion.

3. (3)

   1. (A) The written emergency order will be immediately delivered to persons who are required to comply with the order.
   2. (B) One (1) or more of the following procedures will be used:

(i) Personal delivery;

1. (ii) Certified mail, return receipt requested, to the last address on file with the agency;

   1. (iii) First class mail to the last address on file with the board; or

      1. (iv) Fax may be used as the sole method of delivery if the person required to comply with the order has:

(b) (b) Provided a fax number for that purpose.

1. (C) Unless the written emergency order is served by personal delivery on the same day that the order issues, the board shall make reasonable immediate efforts to contact by telephone the persons who are required to comply with the order.

   1. (D) Unless otherwise provided by law, within ten (10) days after emergency action taken pursuant to paragraph IX.3. of this rule, the board must initiate a formal suspension or revocation proceeding.

      1. (d) Voluntary surrender of license. The licensee, in lieu of formal disciplinary proceedings, may offer to surrender his or her license, subject to the board’s determination to accept the proffered surrender, rather than conducting a formal disciplinary proceeding.

(e) Duty of sanctioned professional. In every case in which a license is revoked, suspended, or surrendered, within thirty (30) days, the licensee shall:

1. (1) Return his or her license and any license pocket cards to the board office;
2. (2) Notify all of his or her clients in writing that his or her license has been revoked, suspended, or surrendered;
3. (3) Notify all clients to make arrangements for other professional services, calling attention to any urgency in seeking the substitution of another licensed professional;
4. (4) Deliver to all clients any papers or property to which they are entitled, or notify the client of a suitable time and place where the papers and other property may be obtained, calling attention to any urgency for obtaining the papers or other property;
5. (5) Refund any part of the fees paid in advance that has not been earned;
6. (6) Keep and maintain a record of the steps taken to accomplish the foregoing;

7. (7)

   1. (A) File with the board a list of all other state, federal, and administrative jurisdictions by which he or she is licensed.
   2. (B) Upon such filing, the board will notify those entitled of the revocation, suspension, or surrender; and

8. (8)

   1. (A) The professional shall, within thirty (30) days of revocation, suspension, or surrender of the license, file an affidavit with the agency that he or she has fully complied with the provisions of the order and completely performed the foregoing or provide a full explanation of the reasons for his or her noncompliance.
   2. (B) Such affidavit shall also set forth the address where communications may thereafter be directed to the respondent.