- (a) If an applicant is denied a permit, he or she may file a written appeal with the district engineer within sixty (60) days from the notice of denial requesting an administrative hearing in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
(b) All hearings shall be:
- (1) Presided over by the Director of State Highways and Transportation or the director’s designated administrative hearing officer;
- (2) At the Arkansas Department of Transportation central offices located in Little Rock; and
- (3) Conducted in an orderly manner.
(c)
(1) The appellant shall have the right to:
- (A) Appear in person at the hearing;
- (B) Be represented by counsel;
- (C) Have an interpreter;
- (D) Present such documentary evidence, oral or other, as he or she may have in support of his or her position;
- (E) Cross-examine witnesses; and
- (F) Present argument on all issues involved.
- (2) The appellant shall also have the right to inspect and copy all records, except for those specifically exempt from disclosure under the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq., relevant to his or her appeal.
- (d) The department may impose costs of actual reproduction, copies, and reasonable conditions on the appellant’s right to inspect, consistent with applicable laws.