(a) In accordance with Arkansas Code § 17-27-309 and the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., the Arkansas Board of Examiners in Counseling will suspend, revoke, or deny any license or impose other appropriate restrictions or additional sanctions for any person that has:

1. (1) Been found guilty of violating any ethical or professional standard under which the license holder practices;
2. (2) Failed to comply with mandated reporting as per state laws;
3. (3) Not paid the biennial renewal fee within the time stated;
4. (4) Not satisfied the Arkansas Board of Examiners in Counseling, by May 31 of the renewal year, with evidence of the completion of relevant professional or continued education experience;
5. (5) Been found to be incompetent, misused the license, or been negligent in the rendering of counseling services;
6. (6) Pleaded guilty or nolo contendere to or been found guilty of any offense listed under Arkansas Code § 17-3-102;
7. (7) Failed to follow any special directions of the Arkansas Board of Examiners in Counseling;

8. (8) Had one's professional license/certificate revoked, suspended, or is under investigation by any:

   1. (A) Other Arkansas board or certifying/licensing agency; or
   2. (B) State board or certifying/licensing agency;
9. (9) Failed to meet requirements of the criminal background check (Arkansas Code § 17-27-313); or

10. (10) Been placed upon a registry of this state or another in regards to public safety, including without limitation:

    1. (A) A child maltreatment registry;
    2. (B) An adult maltreatment registry; or
    3. (C) A sex offender registry.

(c)

1. (1) If the Arkansas Board of Examiners in Counseling finds that it has erred in the granting of a license, the Arkansas Board of Examiners in Counseling will give written notice by certified or signature confirmation mail of intent to annul the license.
2. (2) The notice will allow the applicant the opportunity to meet the requirements of licensure within thirty (30) days.

(d) Denial of license.

1. (1) If a preliminary determination is made that the application should be denied, the Arkansas Board of Examiners in Counseling 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 Arkansas Board of Examiners in Counseling.
   2. (B) Any hearing on the denial of a license will be conducted in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., and unless otherwise provided by law, the applicant has the burden of establishing entitlement to the license.

(e) 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 Arkansas Board of Examiners in Counseling will serve the licensee a notice of hearing in the manner set out in Arkansas Code § 25-15-208.
2. (2) The Arkansas Board of Examiners in Counseling has the burden of proving the alleged facts and violations of law stated in the notice.

(f) Emergency action.

1. (1) If the Arkansas Board of Examiners in Counseling finds that the public health, safety, or welfare imperatively requires emergency action and incorporates that finding in its order, the Arkansas Board of Examiners in Counseling can summarily suspend, limit, or restrict a license.

2. (2) Emergency order.

   1. (A) An emergency adjudicative order must contain findings that the public health, safety, and welfare imperatively require emergency action to be taken by the Arkansas Board of Examiners in Counseling.
   2. (B) The written order must include notification of the written notice.
   3. (C) The written emergency adjudicative order will be immediately delivered to persons who are required to comply with the order.
   4. (D) 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 agency;

      1. (iv) Fax notice 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; or

1. (v)

(b) (b) Unless the written emergency order is served by personal delivery on the same day that the order issues, the Arkansas Board of Examiners in Counseling shall make reasonable immediate efforts to contact by telephone the persons who are required to comply with the order.

1. (3) The Arkansas Board of Examiners in Counseling will promptly initiate an adjudicative hearing after the emergency action taken pursuant to this subsection.

(h) Duty of a sanctioned professional. In every case in which a professional's license is revoked, suspended, or surrendered, the licensee must:

1. (1) Return his or her license and any license pocket cards to the agency's office;

2. (2) Notify all of his or her clients in writing that his or her license has been:

   1. (A) Revoked;
   2. (B) Suspended; or
   3. (C) 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 have not been earned;
6. (6) Keep and maintain a record of the steps necessary to accomplish the foregoing;

7. (7)

   1. (A) File with the Arkansas Board of Examiners in Counseling a list of all other state, federal, and administrative jurisdictions by which he or she is licensed.

   2. (B) Upon such filing, the agency will notify those entitled of the:

      1. (i) Revocation;
      2. (ii) Suspension; or
      3. (iii) Surrender; and

8. (8)

   1. (A) Within thirty (30) days of revocation, suspension, or surrender of the license, file an affidavit with the Arkansas Board of Examiners in Counseling 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.

      1. (i) Reinstatement after suspension.
9. (1) An order suspending a license may provide that a person desiring reinstatement may file with the Arkansas Board of Examiners in Counseling a verified petition requesting reinstatement.

10. (2)

    1. (A) The petition for reinstatement must set out the following:

       1. (i) That the individual has fully and promptly complied with the requirements of subsection (j) of this section pertaining to the duty of a sanctioned professional;
       2. (ii) That the individual has refrained from practicing in this profession during the period of suspension;
       3. (iii) That the individual's license fee is current or has been tendered to the agency; and
       4. (iv) That the individual has fully complied with any requirements imposed as conditions for reinstatement.
    2. (B) Any knowing misstatement of fact may constitute grounds for denial or revocation of reinstatement.
11. (3) Failure to comply with the provisions of subdivisions (h)(7) and (8) of this section precludes consideration for reinstatement.
12. (4) No individual will be reinstated unless the Arkansas Board of Examiners in Counseling approves reinstatement by majority vote.

(j) Relicensure for revoked or surrendered license.

1. (1)

   1. (A) No individual who has had his or her license revoked or who has surrendered his or her license will be licensed, except on petition made to the Arkansas Board of Examiners in Counseling.
   2. (B) The application for relicensure is not allowed until at least five (5) years after the revocation or surrender of license took effect.
2. (2) The applicant bears the burden of proof that he or she is rehabilitated following the revocation or surrender of the license before the application for relicensure is received.
3. (3) The Arkansas Board of Examiners in Counseling may impose any appropriate conditions or limitations on a license to protect the public health, safety, and welfare.
4. (4) The Arkansas Board of Examiners in Counseling may require that the person seeking relicensure take a licensing examination.
5. (5) The Arkansas Board of Examiners in Counseling may require that the person seeking relicensure have supervision for a specified time and ratio.

6. (6) When applying for relicensure after revocation or surrender of his or her license, the licensee must prove that he or she:

   1. (A) Can engage in the conduct authorized by the license without undue risk to the public health, safety, and welfare; and
   2. (B) Is otherwise qualified for the license pursuant to Arkansas Code § 17-27-101 et seq., and rules in effect the date the application for relicensure is received.