17 CAR § 165-114 – Complaints, hearings, and appeals

(a) Any person may file a complaint with the Arkansas State Board of Sanitarians against any person having a license to practice as a registered sanitarian in this state charging him or her with:
1. (1) Failure to have the necessary qualifications as set out in Arkansas Code § 17-43-303; and
2. (2) The commission of any of the offenses enumerated and described as unprofessional conduct in Arkansas Code § 17-43-309.
(b) The said complaint shall set forth a specification of charges in sufficient detail that the person so accused shall have full and complete disclosure to him or her of any:
1. (1) Alleged acts of misconduct;
2. (2) Impropriety; or
3. (3) Lack of qualifications.
(c) When such complaint is filed, the Secretary of the Arkansas State Board of Sanitarians shall mail a copy thereof to the person so accused by registered mail at his or her last address of record with a written notice of the time and place of the hearing thereon advising him or her that he or she may be present in person and by counsel, if he or she so desires, to offer evidence and be heard in his or her defense.
(d) The time fixed for such hearing shall not be less than twenty (20) days from the date of the mailing of the notice.
(e) At the time and place fixed for a hearing before the board, the board shall receive evidence upon the subject under consideration and shall accord the person against whom charges are preferred a full and fair opportunity to be heard in his or her defense.
(f) The board shall not be bound by strict or technical rules of evidence but shall consider all evidence fully and fairly, provided, however, that all oral testimony considered by the board must be under oath.
(g) If the person so charged be found not guilty of these things and matters with which he or she is charged, the board shall dismiss the charges or complaint, but should such person be found guilty, the board shall:
1. (1) Revoke his or her license;
2. (2) Suspend his or her license for a period not to exceed one (1) year; or
3. (3) Grant him or her probation under terms and conditions to be determined by it for the best interest of the person so charged and the people of the State of Arkansas.
(h) Appeal may be had by either of the parties from the decision of the board in the manner now provided by law.
(i) All evidence considered by the board shall be reduced to writing and available for the purpose of appeal or certiorari to any of the parties of said hearing.
(j) Nothing herein shall be construed so as to deprive any person of his or her rights without full, fair, and impartial hearing.
(k) The words “license” and “registration” are synonymous in this part.