(a)

1. (1) If a preliminary determination is made by the Arkansas State Board of Acupuncture and Related Techniques that an application for license should be denied, the board will inform the applicant of the grounds or basis of the proposed denial in writing.
2. (2) Any applicant who is denied the issuance of a license by the board may appeal such decision and request a hearing before the full board on the application.
3. (3) The applicant shall file the appeal in writing with the board within thirty (30) days of receipt of the notice of denial.

(b)

1. (1) Within thirty (30) days of the filing of the appeal on the denial of a license, the board shall hold a hearing on the application.
2. (2) The applicant shall be notified in writing of the date, time, and location of the hearing at least twenty (20) days in advance of the hearing on the appeal.

(d) The applicant shall not engage in communications with any member of the board on any matter related to the application or the appeal prior to the date set for the hearing, nor shall the board members engage in communications in violation of the:

1. (1) Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.; or
2. (2) Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.

(f)

1. (1) Hearings before the board are governed by the Arkansas Administrative Procedure Act, and the board shall not be bound by the Arkansas Rules of Evidence or the Arkansas Rules of Civil Procedure in its proceedings.
2. (2) However, the rules may serve as a guide to the presiding officer for the conduct of the hearing.
3. (3) The President of the Arkansas State Board of Acupuncture and Related Techniques shall rule on all motions as well as all evidentiary and procedural matters that arise during the hearing.
4. (4) The board may appoint an impartial hearing officer to preside at or assist the board in any hearing.

(g) The board shall not cause a license to be issued to a person it has deemed to be unqualified until and unless the board has been satisfied that the applicant:

1. (1) Has complied with all the terms, conditions, and requirements set forth in the Arkansas Acupuncture Practices Act, Arkansas Code § 17-102-101 et seq., and this part; and
2. (2) Is capable of safely and ethically engaging in the practice of acupuncture and related techniques.

(h) When an applicant has been denied a license, he or she may not reapply for a license until one (1) of the following has taken place:

1. (1) One (1) full year has passed since the date the license was denied; or
2. (2) There has been a significant change in circumstances or facts with respect to the applicant’s credentials and/or qualifications.