Hearings, revocation, or suspension of license
Arkansas Code § 17-19-106
- (a) All hearings shall be conducted in the same manner as hearings held by the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board under the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., unless otherwise stated.
(b)
- (1) At the discretion of the board, the Executive Director of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board may hold informal hearings in reference to a complaint, or the executive director may set a formal hearing before the board.
- (2) The company or bondsman may request a formal hearing before the board.
- (3) Consent agreements entered into as a result of an informal hearing shall be submitted for board approval at the next regularly scheduled meeting of the board after the informal hearing.
(c)
(1) The board may:
- (A) Subpoena witnesses;
- (B) Administer oaths and affirmations;
- (C) Examine any individual under oath; and
- (D) Require and compel production of:
(i) Books;
(ii) Papers;
(iii) Contracts; and
- (iv) Other documents.
(2) Subpoenas of witnesses shall be served in the same manner as if issued by a circuit court and may be served by certified mail.
- (d)
- (1) If any individual fails to obey a subpoena, duly issued and served, with respect to any matter concerning which he or she may be lawfully interrogated, the board may apply to the Pulaski County Circuit Court which may issue an order requiring the individual to comply with the subpoena and to testify.
- (2) Failure to obey the order of the court may be punished by the court as a contempt thereof.
- (e) Any person testifying falsely under oath to any matter material to any examination, investigation, or hearing shall, upon conviction, be guilty of perjury and punished accordingly.
- (f) Notice of the time and place of the hearing, stating the matters to be considered, shall be given not less than ten (10) days in advance.
(g) The board shall allow any party to the hearing to:
- (1) Appear in person and by counsel;
- (2) Be present during the giving of all evidence;
- (3) Have a reasonable opportunity to inspect all documentary evidence, and to examine witnesses;
- (4) Present evidence in support of his or her interest; and
- (5) Have subpoenas issued by the board to compel attendance of witnesses and production of evidence in his or her behalf.
(h) The board may suspend for up to twelve (12) months or revoke or refuse to continue any license if, after notice and hearing, the board determines that the licensee or any member of a company has violated any provision of Arkansas Code § 17-19-210.
- (i) The acts or conduct of any bondsman who acts within the scope of the authority delegated to him or her shall be deemed the act or conduct of the company for which the bondsman is acting as agent.
- (j) If the board finds that one (1) or more grounds exist for the suspension or revocation of any license, the board may request that formal charges be filed against the violator and that the penalties set out in Arkansas Code § 17-19-102 be imposed.
(k) If the board finds that one (1) or more grounds exist for the suspension or revocation of any license and that the license has been suspended within the previous twenty-four (24) months, the license shall be revoked.
(l) The board may not again issue a license to any person or entity whose license has been revoked.
- (m) If the board or its designee determines that the public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, a summary suspension of a licensee may be ordered pending an administrative hearing before the board, which shall be promptly instituted.
- (n) If a company license is suspended or revoked, no member of the company or officer or director of the corporation shall be licensed or be designated in any license to exercise the powers thereof during the period of suspension or revocation, unless the board determines upon substantial evidence that the member, officer, or director was not personally at fault and did not acquiesce in the matter on account of which the license was suspended or revoked.
(o)
- (1) A party may appeal from any order of the board as a matter of right.
- (2) The appeal shall be taken to the Pulaski County Circuit Court by filing written notice of appeal to the court and by filing a copy of the notice with the board within thirty (30) days after issuance of the order by the board.
- (p) Within thirty (30) days after filing of the copy of the notice of appeal with the board, the board shall make, certify, and deposit in the office of the clerk of the court in which the appeal is pending a full and complete transcript of all proceedings had before the board and all evidence before the board in the matter, including all of the board’s files therein.