(a)
- (1) Unless the Arkansas State Board of Acupuncture and Related Techniques dismisses the complaint pursuant to 17 CAR § 170-404(e), the complaint shall be set for a hearing before the full board.
(2) The matter shall be:
- (A) Referred to only by the assigned case number; and
- (B) Brought pursuant to the provisions of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
(b)
- (1) The respondent shall be notified of the hearing at least thirty (30) days in advance of the date set for the hearing.
- (2) The complainant shall also receive a copy of the notice of hearing.
- (3) The notice of hearing shall set forth the charges and allegations against the respondent in sufficient detail so as to provide full disclosure and notice of all violations of the Arkansas Acupuncture Practices Act, Arkansas Code § 17-102-101 et seq., and this part.
(c)
- (1) The respondent may file a response to the notice of hearing but is not required to do so.
- (2) Any written response to the charges must be filed with the board ten (10) days in advance of the date set for the hearing on the complaint.
(d)
- (1) The respondent may waive a hearing on the notice and complaint.
(2) Such waiver of the right to a hearing must be:
- (A) In writing;
- (B) Signed by the respondent; and
- (C) Filed with the board.
(e)
- (1) At any time the board may enter into a settlement agreement with the licensee as a means of resolving a complaint.
- (2) Any proposed settlement agreement must be approved by the board upon a majority vote of those qualified to vote and must be approved further by the licensee or applicant upon a knowing and intentional waiver by the licensee or applicant of his or her right to a hearing.
- (f) The board is empowered to issue subpoenas pursuant to Arkansas Code § 17-102-206(c) and § 17-80-102.
- (g) The board may appoint an impartial hearing officer to preside at or assist the board in any hearing.