Hearing procedure and judicial review
Effective Jan 18, 2026Ark. R. 2026-5 (eff. January 18, 2026)Arkansas Code § 21-8-1106
(a) Respondents, within sixty (60) days of receiving proper notice of a penalty assessed and imposed on them by the Secretary of State, shall:
- (1) Notify the Secretary of State that he or she accepts and will pay the imposed penalty; or
- (2) Submit a request for a hearing pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., to the Secretary of State.
(b)
- (1) In the event the respondent does not request a hearing within sixty (60) days of receiving proper notice, the respondent's right to a hearing has been waived.
- (2) The waiver of administrative hearing rights shall be included within the notice of hearing.
(c)
- (1) The Secretary of State or his or her designee shall hear the matter and may appoint a hearing officer to preside at the hearing pursuant to Arkansas Code § 25-15-213; and
- (2) Obtain counsel from the Attorney General to present the case file for the Secretary of State’s review.
(d) Hearings.
- (1) The Secretary of State or his or her designee shall preside as the adjudicator over the hearing.
- (2) Upon the closure of the evidentiary record, the Secretary of State shall make a final adjudication on the matter.
- (e) Judicial review. Upon the rendering of a final decision by the Secretary of State, the respondent may request judicial review under Arkansas Code § 25-15-212.