(a)
(1) Hearings shall be scheduled for a day certain by the Executive Director of the Arkansas Real Estate Commission, who shall, at least thirty (30) days prior to such hearing date, send notice to all persons entitled to notice thereof of:
- (A) The place and approximate time of said hearing;
- (B) A statement of the allegations and charges forming the basis for the hearing; and
- (C) The provisions of the law or rules thought to be involved therein.
- (2) The Arkansas Real Estate Commission shall serve notice of said hearing by mailing same addressed to the licensee or person allegedly engaged in unlicensed real estate activity at his or her address last known to the commission or may, in its discretion, serve the licensee or person allegedly engaged in unlicensed real estate activity by personal delivery of said notice.
- (b) Prior to the hearing, the respondent licensee or person allegedly engaged in unlicensed real estate activity involved in the hearing may, by written petition, signed and dated, invoke the aid of the commission in the procurement of any witness or document the licensee or person allegedly engaged in unlicensed real estate activity may desire to be present at such hearing, provided, however, that such petition must be filed with the executive director at least ten (10) days prior to the hearing date.
(c)
(1) All motions concerning or related to the hearing must be in writing and filed at the commission’s office no later than ten (10) days before the scheduled hearing date, along with a certificate of the person filing the motion that copies of the motion have been served on the:
- (A) Attorneys of the other parties who are represented by attorneys; or
- (B) Parties themselves if they are not represented by attorneys.
- (2) Motions for continuance shall be decided by the executive director.
- (3) All other motions shall be decided by the commission or by the hearing officer by delegation of such responsibility by the commission.
- (4) Upon delegation and authorization from the commission, the hearing officer may also conduct prehearing conferences.