(a)

1. (1) The Arkansas Towing and Recovery Board shall promptly investigate and resolve a consumer or board-initiated complaint.
2. (2) If reasonable cause exists to believe a violation of Arkansas Code § 27-50-1101 or § 27-50-1201 et seq., or a board rule may have occurred, the Director of the Arkansas Towing and Recovery Board may initiate a complaint on behalf of the board.

(b)

1. (1) The following guidelines shall apply to a complaint:

   1. (A) A complainant shall respond to a request from board staff for additional information within ten (10) days;
   2. (B) Failure to respond to the request for additional information is grounds for immediate dismissal of the complaint;
   3. (C) A complainant may file a written request for an extension of time with the board;
   4. (D) The written request for an extension shall be submitted to board staff within ten (10) days after receiving a request for additional information; and
   5. (E) If an extension is granted, the board investigator shall notify the affected tow business in writing of the extension.

2. (2)

   1. (A) A towing business shall respond to each request from board staff for information within ten (10) business days after receiving the request.
   2. (B) Failure to respond to a written request by a tow company will result in a daily fine of up to twenty-five dollars ($25.00) per day until the information requested is received by board staff.
   3. (C) The tow business may file a written request for an extension of time with the board.
   4. (D) The written request for an extension must be submitted to the board office within ten (10) days of the postmarked date of request for additional information.
   5. (E) If the extension is granted, the board investigator will notify the tow company in writing of the extension.
3. (3) The board may extend the period for the resolution of a complaint when conditions warrant such action.

(d)

1. (1) The director shall have authority to delay or to deny approval of any application for a license or tow vehicle safety permit if the applicant fails to meet the minimum requirements and the qualifications set by the board.
2. (2) Said delay or denial shall be in writing to the applicant, stating the reason for the delay or the denial.
3. (3) Any applicant whose application is denied shall be advised of their right to appeal the denial to the board.

(f)

1. (1) If for any reason the director determines that a license or permit has been issued in error, including for failure to receive the proper fee amount, the director may summarily suspend or revoke said license or permit.
2. (2) In such circumstance, or in the event of immediate suspension or revocation of any licensee or permit pursuant to 27 CAR § 170-109(d) or any other rule, the tow business shall be notified in writing via certified mail of its right to a hearing before the board.
3. (3) If the tow business fails to submit a request in writing for a hearing before the board within fifteen (15) days, the suspension or revocation shall become final.
4. (4) Upon any decision to hold a formal hearing to consider the suspension or revocation of any license or tow vehicle safety permit issued by the board, the board shall notify the tow business of the hearing.

(g)

1. (1) If as the result of its own investigation or as result of an investigation of any consumer complaint filed against a tow business, it is determined by the board that sufficient evidence exists that a licensed business’s conduct constitutes a violation of Arkansas Code § 27-50-1101, § 27-50-1201 et seq., or aboard rule, the board may initiate a hearing and invoke any one (1) or more of the following resolutions: fine or impose a civil penalty against respondent as set forth in 27 CAR § 170-104(g), reprimand respondent, suspend or revoke any license or permit issued to respondent, and award financial restitution to the complainant, at the discretion of the board.
2. (2) The board shall provide no less than fifteen (15) days advance written notice to the tow business of the hearing.
3. (3) The notice shall inform respondent of alleged facts or conduct warranting the hearing.
4. (4) If the board finds the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license, enhancement, endorsement, or permit may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined.

(h)

1. (1) All evidence, including records and documents in the possession of the board of which it desires to consider shall be offered and made a part of the record in the hearing.
2. (2) Any respondent whose rights may be affected by said hearing shall have the right to appear personally and by counsel to introduce evidence, cross-examine witnesses, and examine any document or other evidence submitted.

(j)

1. (1) Financial restitution to the complainant will be considered as part of the penalty by the board when a towing company or tow owner is found to have violated any law or rules promulgated by the board authorizing restitution.
2. (2) Only actual losses that have been incurred by the complainant may be paid as restitution.
3. (3) The amount of financial restitution to the complainant shall be determined by the board.
4. (4) Punitive damages will not be paid to the complainant.

5. (5) Nothing in this subsection prevents:

   1. (A) A complainant from pursuing any other legal remedy; or
   2. (B) The board from imposing any other type of fine, penalty, or sanction authorized by law.

(k)

1. (1) The director shall maintain documents and files relative to board business.
2. (2) All pleadings and motions to be filed relative to any hearing before the board shall be in duplicate, signed, verified, dated, and filed with the director and held for a period not less than three (3) years.

(l)

1. (1) In any hearing held for the purpose of affording any applicant the opportunity to show qualifications to hold a license or tow vehicle safety permit, the burden of going forward with the evidence shall be on the applicant.
2. (2) In hearings held for the purpose of reprimanding, suspending, revoking, or fining any respondent, the burden of going forward shall be on the board and its staff.

(m)

1. (1) All decisions by the board shall be in writing and signed by the chairperson of the board and shall include findings of fact and conclusions of law separately stated in an appropriate order entered in accordance therewith.
2. (2) A copy of the findings of fact and conclusions of law and the order shall be sent to each party to the hearing.

(n)

1. (1) A penalty assessed by the board shall be paid no later than fifteen (15) days after the conclusion of the appeals process under the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
2. (2) If not paid timely, a license, registration, permit, endorsement, or enhancement issued by the board may be suspended by the board until the penalty is paid.

(o)

1. (1) If a person fails to pay a fine or installment payment due to the board under subsection (n) of this section and Arkansas Code § 27-50-1204, the board may cause the suspension of any tow vehicle license plate and registration of the person that is subject to the fine by providing written notice to the Office of Motor Vehicle of failure to pay.

2. (2) The notice of the failure to pay the fine ordered by the board shall contain the following information:

   1. (A) The name of the entity or individual that is subject to the fine;
   2. (B) The vehicle identification number or other identifying information for the vehicle owned by the entity or individual that is the subject of the fine;
   3. (C) The date the board imposed the fine;
   4. (D) The amount of the fine;
   5. (E) The date the fine or installment payment became delinquent; and
   6. (F) The amount of the fine or installment payments that remain delinquent.
3. (3) When the fine is paid, the board shall notify the Office of Motor Vehicle within two (2) business days by written notice to remove the suspension.