(c) The following procedures shall apply to a situation involving a publisher’s alleged failure to comply with the terms of the Free Textbook Act of 1975, Arkansas Code § 6-21-401 et seq., or any published rule of the state board:

1. (1)

   1. (A) The Commissioner of Elementary and Secondary Education shall provide written notice, via certified mail, return receipt requested, to the publisher.
   2. (B) The written notice shall include specific allegations of precisely how the publisher failed to comply with the terms of:

(i) The Free Textbook Act of 1975, Arkansas Code § 6-21-401 et seq.; or

1. (ii) Any published rule of the state board.

   1. (C) The written notice shall also include a recommendation from the commissioner concerning the assessment of damages for the publisher’s failure to comply;

2. (2) Within thirty (30) days of receipt of the written notification from the commissioner, the publisher shall respond in writing to the commissioner indicating one (1) of the following:

   1. (A) The publisher concurs with the specific allegations and/or recommended assessment of damages; or

   2. (B)

      1. (i) The publisher:

(b) (b) Requests an appeal before the state board.

1. (ii) Such a notice of appeal shall include a brief statement of the reasons why the commissioner’s specific allegations and/or recommended assessment of damages should not be adopted;
2. (3) If the publisher concurs with the commissioner’s specific allegations and/or recommended assessment of damages, or fails to respond to the same within thirty (30) days, the commissioner shall place his or her recommended assessment of damages on the consent agenda of the next regularly scheduled state board meeting in accordance with the state board’s procedures for the submission of agenda items; and

3. (4)

   1. (A) If the publisher disputes the commissioner’s specific allegations and/or recommended assessment of damages, the state board shall hear the publisher’s appeal within sixty (60) days of receipt of the notice of appeal.

   2. (B) Through mutual agreement, the commissioner and the publisher may extend the date of the hearing for an additional thirty (30) days.

      1. (d) The following procedures shall apply to a hearing before the state board:

4. (1)

   1. (A) Each party will have the opportunity to present an opening statement of no longer than five (5) minutes, beginning with the representative of the Division of Elementary and Secondary Education.
   2. (B) The Chair of the State Board of Education may, only for good cause shown and upon the request of either party, allow either party additional time to present its opening statement;

5. (2)

   1. (A) Each party will be given thirty (30) minutes to present its case, beginning with the representative of the division.
   2. (B) The chair may, only for good cause shown and upon the request of either party, allow either party additional time to present its case;

6. (3) Every witness giving oral testimony:

   1. (A) Must be sworn under oath by the chair; and
   2. (B) Shall be subject to direct examination, cross-examination, and questioning by the state board;
7. (4) For the purposes of the record, documents offered during the hearing by the division shall be clearly marked in sequential, numeric order (1, 2, 3);
8. (5) For the purposes of the record, documents offered during the hearing by the publisher shall be clearly marked in sequential, alphabetic letters (A, B, C);
9. (6) The division shall have the burden of proving by a preponderance of the evidence that the commissioner’s specific allegations and/or recommended assessment of damages be adopted;

10. (7) The state board may:

    1. (A) Adopt the commissioner’s specific allegations and/or adopt the recommended assessment of damages;
    2. (B) Modify the commissioner’s recommended assessment of damages; or
    3. (C) Grant the appeal of the publisher; and

11. (8)

    1. (A) The state board may:

       1. (i) Announce its decision immediately after hearing all arguments and evidence; or
       2. (ii) Take the matter under advisement.
    2. (B) The state board shall provide a written decision to the division and the publisher within fourteen (14) days of the hearing.