1. (a) Complaint.

   1. (1)

      1. (A) The Arkansas Social Work Licensing Board is authorized to receive complaints against licensees or applicants from any person.
      2. (B) Signed complaints must be submitted in writing to the board’s office.
      3. (C) A complaint form may be obtained from the board’s website or office.
   2. (2) The board may on its own motion, in the absence of a written complaint, initiate its own complaint and conduct an investigation of a suspected violation if reasonable cause exists to believe a violation has occurred.

2. (b) Investigation.

   1. (1)

      1. (A) The board shall investigate a complaint if the complaint states prima facie violations of the Social Work Licensing Act, Arkansas Code § 17-103-101 et seq., or rules.
      2. (B) One (1) or more board members will be appointed to investigate the complaint.

   2. (2)

      1. (A) A copy of the complaint will be sent by certified mail and standard postal mail to the social worker named in the complaint.
      2. (B) The social worker shall submit a written response to the complaint within a reasonable time as provided by the board’s instruction.
      3. (C) The board may hire an outside investigator to assist in the investigation of any complaint.

   3. (3)

      1. (A) The board investigator or investigators will review the response to the complaint.
      2. (B) Further investigation will be conducted if deemed appropriate.

   4. (4)

      1. (A) Upon completion of the investigation and upon the recommendation of the board investigator or investigators, the board will determine whether to:

3. (i) Conduct a hearing;

   1. (ii) Dismiss the complaint; or

      1. (iii) Take other appropriate action.

      2. (B) All interested parties will be notified of the board’s decision.

         1. (c) Hearings.

   2. (1)

      1. (A) The board is authorized to conduct hearings on complaints in which the investigation reveals evidence that a violation has occurred.
      2. (B) Hearings will be conducted in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

   3. (2)

      1. (A) Everyone testifying before the board at any of its hearings will be first placed under oath.
      2. (B) All testimony given or statements made to or before the board will be reported and made a part of the record in such case.

   4. (3)

      1. (A) Unless the board finds exceptional circumstances exist, twenty (20) days’ notice will be given to any licensee or other interested party to appear before the board at a hearing.

      2. (B) The notice will:

         1. (i) Be mailed by certified mail to the most current address on file in the board office; and
         2. (ii) Constitute notice of the hearing.
      3. (C) If the board finds that exceptional circumstances exist in which public health, safety, or welfare requires more timely action, the board can give notice, reasonable under the circumstances, or can enter an emergency order pursuant to Arkansas Code § 25-15-210(c) of the Arkansas Administrative Procedure Act.

   5. (4) The notice will:

      1. (A) Contain the place and time of the hearing, a brief and concise statement of the facts forming the basis of the complaint, and the provision of the law or the rules involved therein; and
      2. (B) Be executed for the board by its chair, board secretary, or director, dated and sealed with the official seal of the board.

   6. (5)

      1. (A) At every hearing of the board, after being duly called to order, the Chair of the Arkansas Social Work Licensing Board or Vice Chair of the Arkansas Social Work Licensing Board will then turn the matter over to the hearing officer presiding over the hearing.
      2. (B) The hearing officer will inquire of the parties present as to whether each is prepared to proceed, and thereafter the hearing will proceed with the presentation of evidence.
   7. (6) Either oral or written argument of the issues raised may be presented at the discretion of the board.

   8. (7)

      1. (A) A written order setting forth the board’s findings of facts and conclusions of law will be prepared after each hearing.
      2. (B) The written order will be signed by a representative designated by the board.

   9. (8)

      1. (A) The board will receive into evidence all affidavits, depositions, certified copies of documents, copies of official records, and exhibits therewith introduced, together with such other evidence as may be admissible by the Arkansas Administrative Procedure Act.
      2. (B) The board will give to such evidence weight as the board determines just and proper.
   10. (9) Every pleading, motion, or other document and every request to the board must be filed with the board’s office in writing, signed and dated.

   11. (10)

       1. (A) Upon the licensee’s written request, subpoenas will be issued for the:

          1. (i) Attendance of witnesses; and
          2. (ii) Production of documents.

       2. (B) Preparation and service of the subpoenas will be:

          1. (i) The responsibility of the licensee; and
          2. (ii) In the manner provided by statute or rule for the service of subpoenas in civil cases.

   12. (11) Appeals from board hearings will be made in accordance with the Arkansas Administrative Procedure Act.

       1. (d) Hearing officer.

   13. (1) Powers and duties.

       1. (A) If a matter is set for a formal hearing before the board, a hearing officer will preside over the hearing and conduct any other business in accordance with the board’s rules.

       2. (B) The hearing officer will have the following powers and duties:

          1. (i) Administer oaths and affirmations;
          2. (ii) Issue subpoenas in order to ensure the presence of:
4. (a) (a) Witnesses at a hearing; and

5. (b) (b) Books, records, or other documents properly related to the administrative proceedings;

   1. (iii) Rule upon motions and other evidentiary matters;

      1. (iv) Question all parties and witnesses for the clarification of issues for the record;

         1. (v) Maintain order;
         2. (vi) Rule on all questions arising during the course of the hearing;
         3. (vii) Hold conferences for the settlement or simplification of the issues;
         4. (viii) Recommend decisions to the board; and
         5. (ix) Generally to regulate and guide the course of the proceedings.

   2. (2) Disqualifications of hearing officer.

      1. (A) The hearing officer:

         1. (i) Will conduct himself or herself in an impartial manner; and
         2. (ii) May withdraw if he or she deems himself or herself disqualified.

      2. (B) Any party may file an affidavit of personal bias or disqualification against the hearing officer which will be ruled upon by the board and granted if it is:

         1. (i) Timely;
         2. (ii) Sufficient; and
         3. (iii) Filed in good faith.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(Ark. Code Ann. §17-103-305)”