- (a) At the hearing, the commissioners shall hear and decide the ultimate issues of both fact and law.
(b)
- (1) The Arkansas Real Estate Commission's hearing officer shall preside over the hearing and regulate procedural aspects of the hearing, including ruling on admissibility of evidence and objections.
- (2) The hearing officer shall advise the commission on questions of law.
(c)
- (1) All persons appearing before the commission and giving testimony shall first be placed under oath.
- (2) All testimony given shall be recorded and shall be a part of the record in the case.
- (d) At any hearing, the respondent licensee, or person allegedly engaged in unlicensed real estate activity, and the complainant may be present in the hearing room during the entire hearing, and the respondent licensee, or person allegedly engaged in unlicensed real estate activity, shall have the right to cross-examine any witness and to examine any document or evidence submitted.
(e)
- (1) The hearing shall begin with presentation of the case against the respondent licensee or person allegedly engaged in unlicensed real estate activity.
(2)
- (A) Such presentation is ordinarily conducted by the commission’s staff counsel.
- (B) However, upon request, and at the discretion of the commission, counsel for the complainant may be permitted to participate.
- (3) At the conclusion of such presentation, the respondent licensee, or person allegedly engaged in unlicensed real estate activity, may present evidence in defense of the charges, following which rebuttal testimony and evidence may be offered.
- (4) Closing arguments may be called for or dispensed with at the discretion of the commission.
(f)
- (1) The commission may receive into evidence such affidavits, depositions, certified copies of documents, photocopies of official records, and other exhibits as it deems appropriate, whether or not such documents are admissible under formal rules of evidence, together with such other evidence as may be admissible by law.
- (2) The commission shall give to such evidence such weight as the commission shall determine appropriate under the circumstances.
- (g) After presentation of all evidence the commission shall deliberate on the issues and either announce its decision or take the matter under advisement for later decision.
- (h) Upon reaching a decision, the commission shall enter its findings of fact and conclusions of law, and an appropriate order shall be prepared and served on the parties.
- (i) Once the decision is made, any motion for reconsideration must be filed within fifteen (15) days from the date the decision is first announced, whether orally or in writing, but the filing and pendency of such motion will not delay the appeal time deadlines of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.