(a)

1. (1) The Director of the Division of Arkansas State Police shall have the authority to deny the issuance of a license.
2. (2) He or she shall notify the applicant of his or her decision in writing, stating the reason for the denial.
3. (3) The applicant may appeal the decision, provided he or she perfects the appeal, in writing, within fourteen (14) days of his or her notice of rejection.
4. (4) The hearing officer shall hear the appeal within sixty (60) days.

(b)

1. (1) If, as a result of the Division of Arkansas State Police’s own investigation, or as a result of any complaint against a licensee, it is determined that there exists sufficient proof that the actions of the person constitute a violation of the act or this part, the director, before taking any action, shall provide twenty (20) days’ written notice to the person of his or her right to a hearing.
2. (2) The director, when issuing an order and notice of hearing, shall state the legal authority under which the hearing is to be held along with a brief and concise statement of the matters of fact and law involved.
3. (3) The order and notice shall be served on the person at least twenty (20) days prior to the hearing.

(c)

1. (1) The director shall assign a file number to each order and notice of hearing and hereafter all documents pertaining to the matter shall bear that number.

2. (2) All pleadings and motions to be filed relative to the hearing shall be:

   1. (A) Signed;
   2. (B) Verified and dated; and
   3. (C) Filed with the division.

(d)

1. (1) During the course of a hearing, the division:

   1. (A) Shall not be bound by the technical rules of evidence; and
   2. (B) May admit and give probative value to any evidence which possesses such probative value as would entitle it to be accepted by reasonable and prudent people in the conduct of their affairs.

2. (2) Provided, however, the hearing officer shall give effect to the rules of privilege recognized by the law and may:

   1. (A) Exclude hearsay, incompetent, irrelevant, immaterial, or repetitious evidence; and
   2. (B) Make rulings to protect witnesses form undue harassment or oppression.

(e)

1. (1) All evidence, including records and documents, in possession of the division of which it desires to avail itself, shall be offered and made part of the record in a hearing, and no other factual information or evidence shall be considered in the determination of any cause.

2. (2) Any person who is required to meet any of the qualifications under the act or this part and whose rights may be affected in any hearing shall have the right to appear personally and by counsel to:

   1. (A) Introduce evidence on their behalf;
   2. (B) Cross-examine witnesses; and
   3. (C) Examine any document or other evidence submitted.

(f)

1. (1) In any hearing held for the purpose of affording any applicant the opportunity to show his or her qualifications under the act or this part, the burden of proof shall be on the applicant.
2. (2) In hearings held for the purpose of revoking, suspending, or reprimanding, the burden of proof shall be on the division or complainant.

(j)

1. (1) All decisions of the hearing officer shall:

   1. (A) Be in writing and signed by the director; and
   2. (B) Include findings of fact and conclusion of law separately stated with an appropriate order entered in accordance with.
2. (2) A copy of the findings of fact, conclusions of law, and order shall be sent to each party of the hearing.