- (a) If the Arkansas Board of Dispensing Opticians 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.
- (b) The notice requirement in 17 CAR § 70-707 does not apply and must not be construed to prevent a hearing at the earliest time practicable.
(c) Emergency order.
- (1) An emergency adjudicative order must contact findings that the public health, safety, and welfare imperatively required emergency action to be taken by the board.
- (2) The written order must include notification of the date on which the board proceedings are scheduled for completion.
(d) Written notice.
- (1) The written emergency adjudicative order will be immediately delivered to persons who are required to comply with the order.
(2) One (1) or more of the following procedures will be used:
- (A) Personal delivery;
- (B) Certified mail, return receipt requested, to the last address on file with the board;
- (C) First class mail to the last address on file with the board;
- (D)
(i) Fax.
(ii) Fax may be used as the sole method of delivery if the person required to comply with the order has filed a written request that board orders be sent by fax and has provided a fax number for that purpose; or
(E)
- (i) Oral notice.
- (ii) Unless the written emergency order is served by personal delivery on the same day that the order issues, the board shall make reasonably immediate efforts to contact by telephone the persons who are required to comply with the order.
- (e) Unless otherwise provided by law, within ten (10) days after emergency action taken pursuant to this section, the board must initiate a formal suspension or revocation proceeding.