1. (a)

   1. (1) Pursuant to the provisions of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., the Alcoholic Beverage Control Division hereby adopts as a rule the following description of its organization as required by said law:

      1. (A) The Alcoholic Beverage Control Division is composed of a five-member Alcoholic Beverage Control Board, a Director of the Alcoholic Beverage Control Division, and staff employees;
      2. (B) The director is the person who is:

2. (i) In charge of the daily operations of the Alcoholic Beverage Control Division; and

   1. (ii) Statutorily responsible for making the initial decision on whether or not an application for a permit is granted or denied;

      1. (C) The director is the person who also makes the initial decision on any subsequent action taken against a permit for violation of alcoholic beverage control laws and rules;
      2. (D) The five-member board acts as an appeal body from decisions made by the director; and
      3. (E) The Alcoholic Beverage Control Division receives and acts upon applications for permits as authorized by law and rules.
   2. (2) Once an application has been accepted, the Alcoholic Beverage Control Enforcement Division conducts a background investigation of the applicant seeking the permit, as well as an inspection of the location where the permit is sought.
   3. (3) When this information has been returned to the Administration Division, and other statutory time periods are satisfied, an initial decision is made by the director.
   4. (4) This decision can be appealed to the five-member board, which can be appealed in turn to the circuit courts of the State of Arkansas under the provisions of the Arkansas Administrative Procedure Act.

3. (b)

   1. (1) The rules of practice of the Alcoholic Beverage Control Division are set forth by code provisions and by rule, copies of which are available for inspection at the offices of the Alcoholic Beverage Control Division Administration.
   2. (2) On an informal basis, without benefit of a hearing, persons may make inquiry of the director as to the legality of certain operations which may be conducted on or around permitted premises.

   3. (3) Application instruction sheets for each type of permit issued by the Alcoholic Beverage Control Division are available for public inspection and use at the offices of the Alcoholic Beverage Control Division, and persons wishing to seek information or make submissions or requests may address their correspondence to the Alcoholic Beverage Control Division.

      1. (c)
   4. (1) All orders, decisions, and opinions adopted by the Alcoholic Beverage Control Division and the board are available for public inspection in conformance with the Arkansas Administrative Procedure Act.

   5. (2) Files of permitted outlets are available for review by the public in the offices of the Alcoholic Beverage Control Division as well.

      1. (d)

   6. (1) When a permit is issued, the permit may be disciplined according to various code provisions contained in the:

      1. (A) Acts of the General Assembly of the State of Arkansas; and
      2. (B) Rules adopted by the board.

   7. (2) Discipline of a permit can include, but is not limited to:

      1. (A) Administrative sanctions of revocation;
      2. (B) Cancellation;
      3. (C) Suspension;
      4. (D) Levying of a monetary fine;
      5. (E) The imposition of more restrictive hours of operation;
      6. (F) Placement of a warning letter in the file; or
      7. (G) An order of reprimand.
   8. (3) Any person aggrieved by a decision of the director and who has legal standing to do so may appeal a decision to the board, which is heard on a de novo basis.

4. (e)

   1. (1) Permits are renewable as provided by law on an annual basis, with a late penalty statutorily imposed for renewals tendered after the expiration of the previously issued permit.
   2. (2) No permit may be renewed after October 28 of the calendar year following when the permit expired.
   3. (3) All permits not renewed by that date are automatically cancelled, pursuant to code provisions.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(Amended 8-20-97)”.