(a)
- (1) Any applicant or permittee aggrieved by an order of cancellation, denial, suspension, revocation, or the imposition of a monetary fine by the Director of the Alcoholic Beverage Control Division, or any person or group of persons who have formally protested the issuance of any permit before a decision was rendered by the director and are aggrieved by the issuance of such permit, may appeal such order to the Alcoholic Beverage Control Board by filing a notice of appeal with the board.
- (2) The notice of appeal must be mailed or delivered to the offices of the Alcoholic Beverage Control Division within fifteen (15) days after the order to be appealed from was received by the recipient, as shown by the certified mail return receipt card returned to the division.
- (3) In the event the person filing an appeal of the director’s decision or order was not sent a certified letter of the same, then the fifteen-day appeal period begins on the date the director’s decision or order was issued.
- (4) The notice of appeal shall designate the name of the permittee or applicant.
(b)
- (1) At least ten (10) days before the time set for the hearing, the division shall notify the applicant, permittee, or protestor of the time and place where said appeal shall be heard by the board or by a hearing officer designated as provided in this subpart.
- (2) Such notice to the applicant, permittee, or protestor shall be mailed by regular first-class mail.
- (3) Said hearing shall be held within at least sixty (60) days after the date of the filing of the notice of appeal unless the person appealing shall consent to a later hearing.
- (4) No request for a continuance of a board hearing made after the Friday before a scheduled board hearing will be considered by the director, absent emergency circumstances, the determination of which is vested in the discretion of the director.
Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-16-11)"