The following directions shall be considered Office of Driver Services procedure in the matters of a hearing:

1. (1) Valid request for hearing. The date of the request for a hearing shall be the date of the postmark or the date the office receives the request, whichever is the earlier;

2. (2) Hearing to be set as soon as reasonably possible.

   1. (A) Upon receipt of a valid request for a hearing, the office shall, as soon as reasonably possible, set a hearing and notify the licensee of where and when the hearing shall be scheduled and held.
   2. (B) However, the office shall not notify the other party involved in the accident of the scheduling of such hearing unless the other party requests such notification in writing; and

3. (3) Hearing for nonresidents.

   1. (A) If the person requesting the hearing is an out-of-state resident, then the office shall set the hearing in the county nearest the person’s residence or in Pulaski County.
   2. (B) However, all other procedures shall be the same as for an Arkansas resident in the nearest county of residence.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "7-27-19-405 DEPARTMENTAL PROCEDURE"