(a)
- (1) If the Arkansas State Board of Acupuncture and Related Techniques finds that the public health, safety, or welfare imperatively requires emergency action and incorporates that finding in its order, the board can summarily suspend, limit, or restrict a license.
- (2) The notice requirement in 17 CAR § 170-405 does not apply and must not be construed to prevent a hearing at the earliest time practicable.
(b) Emergency order.
(1)
- (A) An emergency adjudicative order must contain findings that the public health, safety, and welfare imperatively require emergency action to be taken by the board.
- (B) The written order must include notification of the date on which board proceedings are scheduled for completion.
(2) Written notice.
- (A) The written emergency adjudicative order will be immediately delivered to persons who are required to comply with the order.
- (B) One (1) or more of the following procedures will be used:
(i) Personal delivery;
(ii) Certified mail, return receipt requested, to the last address on file with the board;
(iii) First class mail to the last address on file with the board;
- (iv)
- (a) (a) Fax.
(b) (b) Fax may be used as the sole method of delivery if the person required to comply with the order has:
- (1) (1) Filed a written request that board orders be sent by fax; and
(2) (2) Provided a fax number for that purpose;
- (v)
- (a) (a) Oral notice.
(b) (b) Unless the written emergency order is served by personal delivery on the same day that the order issues, the board shall make reasonable immediate efforts to contact by telephone the persons who are required to comply with the order; or
(vi) Electronic mail (email) to the last known email address, with a request for an immediate acknowledgement of receipt by the persons.
- (c) Unless otherwise provided by law, within ten (10) days after emergency action taken pursuant to subsection (a) of this section, the board must initiate a formal suspension or revocation proceeding.