(a) The Secretary of the Department of Health shall deny a certificate to an applicant if the State Board of Health finds that the applicant does not:

1. (1) Have available the services of a sufficient number of registered nurses, medical records technicians, or similarly qualified persons who are supervised by appropriate physicians to carry out its utilization review activities;
2. (2) Meet any applicable provisions of this part relating to the qualifications of private review agents or the performance of utilization review the board adopts relating to the qualifications of private review agents or the performance of utilization review;
3. (3) Have policies and procedures which protect the confidentiality of medical records in accordance with applicable state and federal laws; and
4. (4) Make itself accessible to patients and providers five (5) working days a week during normal business hours in this state.

(b) The secretary may revoke the certification of a private review agent if the board finds that the agent:

1. (1) Does not comply with performance assurances;
2. (2) Violates any provision of this part;
3. (3) Violates any rule adopted under any provision of this subtitle;
4. (4) Fraudulently or deceptively obtains, attempts to obtain, or uses a certification;
5. (5) Fails to substantially meet the standards and qualifications adopted by the secretary; or
6. (6) Fails to comply with the rules adopted by the board.

(c) Before denying or revoking a certificate, the secretary shall provide the applicant or certificate holder:

1. (1) Written notice of the reasons for the denial or revocation;
2. (2) Thirty (30) days in which to supply additional information demonstrating compliance with the requirements; and
3. (3) The opportunity to request a hearing in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

(f)

1. (1) A person who violates any provision of this part is guilty of a misdemeanor, and on conviction, is subject to a penalty not exceeding one thousand dollars ($1,000).
2. (2) Each day a violation is continued after the first conviction is a separate offense.