(a)
- (1) A majority vote of the Auctioneer’s Licensing Board shall be required to support the recommendation of the Complaint Committee to dismiss a complaint.
- (2) If the board agrees with the determination of the Complaint Committee that the case should be dismissed, the complainant and the respondent shall be so notified.
- (b) Additional evidence. If additional evidence of conduct contrary to the laws or rules governing auctioneers is presented within sixty (60) days after the matter has been closed with no action, the case may be reopened and acted upon under regular procedures.
(c) Action on complaint. If the Complaint Committee determines that the complaint presents sufficient evidence of a violation, it may offer to the licensee the following:
(1)
- (A) Formal disciplinary hearing.
- (B) If the Complaint Committee determines that a formal disciplinary hearing is required, the hearing shall comply with the requirements of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.;
(2)
- (A) Informal hearing.
- (B) The Complaint Committee may offer, or the licensee may request, an informal hearing of a complaint before the board consisting of a face-to-face meeting between the licensee and the board to discuss the allegations of the complaint.
- (C) Prior to an informal hearing the licensee must sign a consent statement agreeing to the terms and conditions of an informal hearing; or
(3)
- (A) Consent agreement.
- (B) If the Complaint Committee determines that a consent agreement may be appropriate, the Complaint Committee shall authorize its attorney to enter into negotiations for a consent agreement subject to the board’s final approval.
- (C) The Complaint Committee may recommend terms for a consent agreement offer by the attorney to the respondent.