(a)

1. (1) This section applies in all administrative adjudications conducted by the State Board of Licensure for Professional Engineers and Professional Surveyors.
2. (2) This procedure is developed to provide a process by which the board formulates orders (for example, an order revoking a license to practice or imposing civil penalties).

(f)

1. (1) An administrative adjudication is initiated by the issuance by the board of a notice of hearing.

2. (2)

   1. (A) The notice of hearing may be sent to the respondent by United States mail to the named recipient or agent.
   2. (B) Notice shall be sufficient when it is so mailed to the respondent’s latest address on file with the board.

3. (3) Notice will be mailed at least twenty (20) days before the scheduled hearing and shall include:

   1. (A) A statement of the time, place, and nature of the hearing;
   2. (B) A statement of the legal authority and jurisdiction under which the hearing is to be held; and
   3. (C) A short and plain statement of the matters of fact and law asserted.

(g)

1. (1) The board, either through its attorney or the Director of the State Board of Licensure for Professional Engineers and Professional Surveyors, may grant a continuance of hearing for good cause shown.
2. (2) Requests for continuances will be made in writing.
3. (3) The request must state the grounds to be considered and be made as soon as practicable and, except in cases of emergencies, no later than five (5) days prior to the date noticed for the hearing.

4. (4) In determining whether to grant a continuance, the board may consider:

   1. (A) Prior continuances;
   2. (B) The interests of all parties;
   3. (C) The likelihood of informal disposition;
   4. (D) The existence of an emergency;
   5. (E) Any objection;
   6. (F) Any applicable time requirement, although the respondent may choose to waive the time limitation in 17 CAR § 285-802(b) when making the request;
   7. (G) The existence of a conflict of the schedules of:

(i) Counsel;

1. (ii) Parties; or

   1. (iii) Witnesses;
   2. (H) The time limits of the request; and
   3. (I) Other relevant factors.
2. (5) The board may require documentation of any grounds for continuance.

(h) The presiding officer is charged with maintaining the decorum of the hearing and may refuse to admit, or may expel, anyone whose conduct is disorderly.

1. (i)
2. (1) A party seeking admission of an exhibit shall provide a sufficient number of copies of each exhibit at the hearing.
3. (2) The presiding officer shall provide the opposing parties with an opportunity to examine the exhibit prior to the ruling on its admissibility.
4. (3) All exhibits admitted into evidence should be appropriately marked and be made part of the record.

(k) If a party fails to appear or participate in an administrative adjudication after proper service of notice, the board may proceed with the hearing and render a decision in the absence of the party.

1. (l) Subpoenas requiring attendance of witnesses and/or production of documents at a hearing may be issued by the board, and:
2. (1) The requesting party shall specify whether the witness is requested to bring documents and reasonably identify said documents;

3. (2)

   1. (A) A subpoena may be served by any person:

      1. (i) Specified by law to serve process; or
      2. (ii) Who is not a party and who is eighteen (18) years of age or older.
   2. (B) Delivering a copy to the person named in the subpoena shall make service.
   3. (C) Proof of service may be made by affidavit of the person making service.

   4. (D) The party seeking the subpoena shall:

      1. (i) Have the burden of obtaining service of the process; and
      2. (ii) Be charged with the responsibility of tendering appropriate mileage fees and witness fees pursuant to Rule 45, Arkansas Rules of Civil Procedure.
   5. (E) The witness must be served at least two (2) days prior to the hearing.
   6. (F) For good cause, the board may authorize the subpoena to be served less than two (2) days before the hearing; and

4. (3)

   1. (A) The board shall reasonably comply with any request for issuing a subpoena but may refuse if the party requesting it fails or refuses to provide sufficient justification that the witness or documents will provide relevant evidence and/or are not otherwise obtainable.

   2. (B) Any objection to refusal to issue a subpoena shall be made on the record at the hearing.

      1. (m) In addition to any other considerations permitted by Arkansas Code § 17-30-101 et seq., and § 17-48-101 et seq., if applicable, the board in imposing any sanction may consider the following:
5. (1) The nature and degree of the misconduct for which the licensee is being sanctioned;
6. (2) The seriousness and circumstances surrounding this misconduct;
7. (3) The loss or damage to clients or others;
8. (4) The assurance that those who seek similar professional services in the future will be protected from the type of misconduct found;
9. (5) The profit to the licensee;
10. (6) The avoidance of repetition;

11. (7) Whether the conduct was:

    1. (A) Deliberate;
    2. (B) Intentional; or
    3. (C) Negligent;
12. (8) The deterrent effect on others;
13. (9) The conduct of the individual during the course of the disciplinary proceeding;
14. (10) The professional’s prior disciplinary record, including warnings;
15. (11) Matters offered by the professional in mitigation or extenuation, except that a claim of disability or impairment resulting from the use of alcohol or drugs may not be considered unless the professional demonstrates the successful and good faith pursuit of a program of recovery; and
16. (12) Any other factors or circumstances deemed relevant or important.