(a)
(1)
- (A) Prior to proceeding to a formal adjudicative hearing as provided for in 23 CAR § 410-201, the case will be reviewed by an ad hoc committee to determine whether summary proceedings should be invoked.
- (B) Members of the committee shall be the Chair of the Arkansas Motor Vehicle Commission, Director of the Arkansas Motor Vehicle Commission, and counsel.
- (2) If the committee determines that the violation or violations, if proved, would not warrant license suspension, revocation, or a fine in an amount greater than five thousand dollars ($5,000), the committee may recommend that the complaint be handled in a summary manner.
- (3) This decision will be referred to the Arkansas Motor Vehicle Commission for its acceptance or rejection.
(b)
- (1) If the commission decides to utilize alternative proceedings, the respondent will be notified by mail that the commission has learned that he or she has engaged in actions which violate the licensing law and that it is recommended that under all circumstances the appropriate sanction is a fine of five thousand dollars ($5,000) or less.
- (2) This notice will further inform the respondent that he or she has a right to reject the proposed fine and have a full evidentiary hearing.
(c)
- (1) The respondent will be provided with a formal document on which he or she will admit or deny that he or she had violated the licensing law and accept or reject the proposed penalty.
- (2) The respondent will indicate that he or she understands that he or she has a right to a full evidentiary hearing before the commission and that he or she elects not to exercise that right.