(a)

1. (1) All hearings conducted under this part shall be conducted by the Director of the Office of the Arkansas Lottery or by a hearing officer designated by the director.
2. (2) The decision as to whether the director or a hearing officer will conduct the hearing shall be in the sole discretion of the director.
3. (3) The hearing officer's actions, decisions, and orders shall be deemed to be on behalf of the director and effective as though taken by the director, subject to the appeals procedures as hereinafter provided.

(b)

1. (1) If the director determines under 23 CAR § 372-406(h) that a hearing will be used to resolve a protest, the hearing shall be held within thirty (30) calendar days following the director’s determination.
2. (2) A notice which will set forth the time, date, and location of the hearing will be sent to the party or parties at least seven (7) calendar days before the date set for such hearing.

(c) In connection with the hearing, the director or hearing officer may:

1. (1) Conduct the hearing in an informal manner without formal rules of evidence or procedure;
2. (2) Require each party to state, either orally or in writing, its position concerning the factual and legal issues involved in the hearing;
3. (3) Require each party to produce for examination those relevant witnesses and documents under its control;
4. (4) Rule on motions and other procedural items pending before him or her, including without limitation the methods, scope, and extent of discovery available to the parties;
5. (5) Regulate the course of the hearing and conduct of the participants, including the imposition of reasonable time limits;
6. (6) Establish time limits for submission of motions or memoranda;
7. (7) Take official notice of any material fact not appearing in evidence in the record, if the fact is among the traditional matters of which judicial notice can be taken;
8. (8) Administer oaths or affirmations;
9. (9) Issue subpoenas; and
10. (10) Join any necessary parties to the hearing.

(d)

1. (1) The hearing shall be conducted before a court reporter.
2. (2) The petitioner shall procure, at petitioner's own cost and on petitioner's own initiative, the court reporting services, including the preparation of the transcript, for such hearing.
3. (3) The original transcript of any such proceedings shall be submitted to the director or hearing officer as soon as the transcript is available, and in no event later than five (5) calendar days following the conclusion of the hearing, and shall be made a part of the record.
4. (4) The petitioner shall also submit a copy of the transcript to all other parties to the protest as soon as the transcript is available.

(f)

1. (1)

   1. (A) If a hearing officer conducts the hearing, he or she shall make a written recommendation containing the hearing officer's ruling, in the form of a proposed decision, to the director, within thirty (30) calendar days after receiving an original transcript of the hearing.
   2. (B) If a proposed decision is received by the director, he or she must render a decision in writing and deliver the decision to the parties within thirty (30) calendar days after receiving the proposed decision from the hearing officer.

2. (2) If the director receives a recommendation in a proposed decision from a hearing officer, he or she may:

   1. (A) Accept, modify, or reject the hearing officer's recommendation in whole or in part;
   2. (B) Return the matter to the hearing officer with instruction;
   3. (C) Make any other appropriate disposition; or
   4. (D) Issue a no action response.
3. (3) If the director issues a no action response, then the determination in the proposed decision of the hearing officer will be deemed to be accepted by the director.

(h) The director’s decision and any proposed decision made by a hearing officer shall be sent to the petitioner by certified mail, return receipt requested, or any other method by which a written business record of delivery is kept, such as hand delivery by:

1. (1) Courier;
2. (2) Express mail; or
3. (3) Overnight express courier.