(b) Notice.

1. (1)

   1. (A) Except as provided in subsection (c) of this section, whenever the board contemplates taking disciplinary action, it shall serve a written notice upon the licensee at least thirty (30) days before the action is taken.
   2. (B) This thirty-day requirement may be waived upon agreement of both parties.

2. (2)

   1. (A) The notice shall:

(i) Include a statement of the facts or conduct upon which disciplinary action is contemplated;

1. (ii) Inform the licensee of his or her right to a hearing; and

   1. (iii) State the time and place where the hearing is scheduled.

   2. (B) The notice shall also inform the licensee that:

      1. (i) Continuances will be granted only for good cause; and
      2. (ii) If the licensee fails to appear at the hearing and has not obtained a continuance, then the board may conduct the hearing in the licensee's absence.

2. (3) The notice shall be:

   1. (A) Issued in the board’s name; and

   2. (B) Signed by the:

      1. (i) President of the Arkansas State Board of Chiropractic Examiners;
      2. (ii) Director of the Arkansas State Board of Chiropractic Examiners; or
      3. (iii) Board's attorney.

3. (4)

   1. (A) The notice shall be served either personally by registered or certified mail addressed to the licensee's current business address on file with the board.
   2. (B) If personal service is used, it may be proven by affidavit or testimony of the server and shall be deemed served on the date delivered.

   3. (C) When service is by mail, it shall be deemed served on the date borne by the return receipt showing:

      1. (i) Delivery;
      2. (ii) Refusal; or
      3. (iii) Inability to deliver.
      4. (c) Emergency action. Notwithstanding subsection (b) of this section, if the board finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined.
      5. (d) Continuances. A continuance shall be granted only for good cause.

(f) Presiding officer.

1. (1) The President of the Arkansas State Board of Chiropractic Examiners shall be the presiding officer at all hearings, except if the president is unavailable, then a majority of the board members present shall select a presiding officer from among themselves present.
2. (2) A hearing officer may be appointed by the director to act as an impartial hearing officer at any disciplinary hearing.

3. (3) The presiding officer shall have power to:

   1. (A) Issue subpoenas;
   2. (B) Administer oaths and affirmations;
   3. (C) Maintain order;
   4. (D) Rule on all questions arising during the proceedings;
   5. (E) Permit discovery by deposition or otherwise;
   6. (F) Hold conferences for the settlement of simplification of issues;
   7. (G) Make or recommend decisions; and
   8. (H) Generally regulate and guide the course of the pending proceeding.

(g) Decisions.

1. (1) A final decision shall be in writing or stated in the record.
2. (2) It shall include findings of fact and conclusions of law, separately stated.
3. (3) Parties shall be served either personally or by mail with a copy of any decision or order within a reasonable time.

(h) Authority of board.

1. (1) If the information contained in the complaint states matters that are not under the authority of the board, or that would not constitute a violation if proven, the board may take no action.
2. (2) Notice shall be given to the complainant and the licensee that the complaint has been reviewed with the determination that no action is warranted by the board.