(a) Grounds for denial, suspension, or revocation of a firearms safety training instructor registration. The Director of the Division of Arkansas State Police has the authority to:
- (1) Deny the application for registration under provisions of state or federal law and this part; or
(2) Suspend or revoke the firearms safety training instructor registration of any instructor who has qualified under the provisions of Arkansas law and this part if it is determined that the applicant or instructor has:
- (A) Practiced:
(i) Fraud;
(ii) Deceit; or
- (iii) Misrepresentation;
- (B) Made a material misstatement in the application for registration as a firearms safety training instructor;
- (C) Demonstrated incompetence or untrustworthiness in his or her actions;
- (D) Failed to comply with the provisions of Arkansas law and/or this part;
(E) Committed any act which, if committed by a licensee, would subject the concealed handgun carry licensee to:
- (i) Denial;
- (ii) Suspension; or
- (iii) Revocation;
(F) Repeatedly failed to check the nonelectronic applications of trainees for:
- (i) Completeness;
- (ii) Accuracy; and
- (iii) Legibility;
(G) Not at all times legally operated in accordance with:
- (i) This part; and
- (ii) All federal, state, county, and city laws and ordinances;
- (H) Not at all times maintained a current and valid firearms safety training instructor registration on file with the Division of Arkansas State Police as required in this part;
- (I) Been the subject of a request on file with the Division of Arkansas State Police from the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration to suspend the registration; or
- (J) Otherwise becomes ineligible to hold a concealed handgun carry license.
(b) Appeal of the denial, suspension, or revocation of a firearms safety training instructor registration.
(1)
- (A) Upon the denial, suspension, or revocation of registration of a firearms safety training instructor, the instructor shall be afforded the opportunity for an administrative hearing.
(B) The instructor shall be:
- (i) Sent notice via certified mail, return receipt requested; and
- (ii) Advised in writing of his or her appeal rights.
- (2) For denial of a firearms safety training instructor registration, the burden of proof in administrative proceedings shall be on the applicant for registration.
- (3) For suspension or revocation of an existing firearms safety training instructor registration, the burden of proof in administrative proceedings shall be on the Division of Arkansas State Police.