(a) Filing a complaint.
- (1) Any person, including members of the Arkansas State Board of Registration for Foresters and the Executive Director, may file a complaint against an individual found in violation of Arkansas Code § 17-31-101 et seq.
- (2) Complaints must be made in writing on forms authorized by the board.
- (3) All complaints must be notarized and filed with the Executive Director.
- (4) The Executive Director will review each complaint for jurisdiction.
- (5) Only those complaints within the board’s jurisdiction shall proceed through the complaint process.
(b) Complaint Committee.
(1)
- (A) The chair shall select two (2) members of the board to serve on the Complaint Committee.
- (B) Terms shall be for the duration of the member’s appointment.
- (2) The Executive Director is a nonvoting member of the committee.
- (3) The committee shall assist the Executive Director, when needed, to establish jurisdiction.
(4)
- (A) The committee shall review all complaint letters within the board’s jurisdiction and corresponding respondent letters.
- (B) The committee shall make additional inquiries, contact outside sources, etc., as needed to investigate the complaint.
- (5) The committee shall make recommendations to the board regarding complaint dismissal or specific charges to bring against the respondent.
(6) Should an offer of settlement be made, the committee shall:
- (A) Review the offer; and
- (B) Make a recommendation to the board as to acceptance or denial.
(c) Respondents.
- (1) Respondents are those individuals who have a complaint brought against them.
(2)
- (A) Respondents shall be sent a certified letter stating that a complaint (within the board’s jurisdiction) has been filed against them.
- (B) The letter shall contain a copy of the complaint filed and a respondent form.
- (C) Respondents have two (2) weeks from receipt of the letter to complete and return the respondent form.
(d) Hearings.
(1) If the board finds a complaint has probable cause, a notice shall be sent to the respondent stating the following:
- (A) Time, place, and nature of the hearing;
- (B) Board’s legal authority and jurisdiction under which the hearing is held;
- (C) Statement of facts and law asserted;
- (D) Possible actions/penalties to be assessed against respondent if allegations are proven; and
- (E) If requested, the board shall provide all documents as required by Arkansas Code § 25-15-208.
- (2) Hearings will be made in accordance with Arkansas Code § 25-15-208.
- (3) A final decision including statement of fact and conclusions of law shall be mailed to the respondent upon conclusion of the hearing.
(4)
- (A) Hearing transcriptions will only be made should the board’s decision be appealed for judicial review.
- (B) Individuals requesting a transcription from a hearing that has not been appealed must reimburse the agency all costs associated with the transcription.