Proceedings shall be as follows:

1. (1) Opportunity for licensee or applicant to have hearing.

   1. (A) Except as provided in subdivision (2) of this section, every licensee or applicant for a license shall be afforded notice and an opportunity to be heard before the Arkansas State Board of Nursing.

   2. (B) The board shall have authority to take any action the effect of which would be to:

      1. (i) Deny permission to take an examination for licensing for which application has been duly made;
      2. (ii) Deny a license after examination for any cause other than failure to pass an examination;
      3. (iii) Withhold the renewal or reinstatement of a license for any cause;
      4. (iv) Revoke a license;
      5. (v) Suspend a license;
      6. (vi) Probate a license;
      7. (vii) Reprimand a licensee; or
      8. (viii) Levy civil penalties;
2. (2) Suspension of license without prior notice or hearing. If the board finds that the continued practice by a licensee of the occupation or profession for which he or she is licensed will create an immediate hazard to the public, the board may suspend the license pending a hearing without prior notice of hearing; and

3. (3) Notice of action or contemplated action by the board — Request for hearing — Notice of hearing.

   1. (A) When the board contemplates taking any action of a type specified in subdivisions (1)(B)(i) and (ii) of this section, it shall give written notice to the applicant at the last address of record in the board office, including a statement:

      1. (i) That the applicant has failed to satisfy the board of his or her qualifications to be examined or to be licensed, as the case may be;
      2. (ii) Indicating in what respects the applicant has failed to satisfy the board; and
      3. (iii) That the applicant may secure a hearing before the board by depositing in the mail, within twenty (20) days after service of said notice, a registered letter addressed to the board containing a request for a hearing.
   2. (B) In any proceeding of the board involving the denial of a duly made application to take an examination or refusal to issue a license after an applicant has taken and passed an examination, the burden of satisfying the board of the applicant's qualifications shall be upon the applicant.

   3. (C) When the board contemplates taking any action of a type specified in subdivisions (1)(B)(iii) – (v) of this section, it shall give a written notice to the licensee at the last address of record in the board office, through the board’s attorney, that contains a statement:

      1. (i) That the board has sufficient evidence that, if not rebutted or explained, will justify the board in taking the contemplated action;
      2. (ii) Indicating the general nature of the evidence and detailed allegations of violation of Arkansas Code § 17-87-309(a)(1) – (9) the licensee is charged with; and
      3. (iii) That a hearing will be held on a date certain, no sooner than twenty (20) days after the mailing of the notice to the last address of record in the board office, and at that hearing the board will receive evidence.

   4. (D) When the board shall summarily suspend a license pending a hearing, as authorized in subdivision (2) of this section, it shall give written notice of the general nature of the evidence and detailed allegations of violation of Arkansas Code § 17-87-309(a)(1) – (9) the licensee is charged with:

      1. (i) That the board has sufficient evidence that, if not rebutted or explained, will justify revocation of the license by the board;
      2. (ii) Indicating the general nature of the evidence against the licensee;

      3. (iii) That, based on the evidence indicated, the board has:

         1. (a) (a) Determined that the continuation of practice of the occupation or profession of the licensee will create an immediate hazard to the public; and
         2. (b) (b) Therefore suspended the license of the licensee effective as of the date such notice is served; and
      4. (iv) The board will then set an immediate hearing for a full evidentiary presentation by the licensee and the board.
   5. (E) In any hearing before the board involving the suspension or revocation of a license, the burden shall be on the board to present competent evidence to justify the action taken or proposed by the board.