- (a) The Arkansas Fire Protection Licensing Board may, on its own motion, initiate an investigation.
(b)
(1) The board or a designated board committee will review the complaint and determine:
- (A) Whether the allegations fall within the board’s jurisdiction; and
- (B) Whether to proceed to investigate the allegations.
- (2) Once the investigation is complete, the board or a designated board committee will determine whether there is sufficient evidence to make a prima facie case that the board’s statutes or rules have been violated.
(c) Hearings.
(1) If it is determined that there is a prima facie case, the board or a designated board committee will either:
- (A) Issue a notice of hearing; or
- (B) Invoke the alternate proceedings described in subsection (d) of this section.
- (2) All hearings will be conducted in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
(d) Alternate proceedings.
- (1) If the board or the board’s designated committee determines that the violations, if proved, would not warrant license suspension, revocation, or a fine greater than one thousand dollars ($1,000), the committee may recommend the complaint be handled in a summary manner.
- (2) The decision will be referred to the chair of the board for acceptance or rejection.
(3)
- (A) If the chair approves the use of alternate proceedings, the respondent will be notified that he or she has violated the board’s law and that the board proposes a fine of one thousand dollars ($1,000) or less.
- (B) The notice will further inform the respondent that he or she has a right to reject the proposed fine and have a full evidentiary hearing.