1. (a) In addition to the requirements of 6 CAR § 194-104 of this part, an educational entity shall not employ as a fiscal officer any individual who has pled guilty or nolo contendere to, or has been found guilty of, a fraudulent act.

2. (b)

   1. (1) A currently employed fiscal officer of an educational entity who has pled guilty or nolo contendere to, or has been found guilty of, a fraudulent act shall be dismissed from employment with the educational entity.

   2. (2)

      1. (A) Within five (5) business days of knowledge of the plea or conviction, the educational entity shall serve written notice of termination on the fiscal officer in person or by certified mail.
      2. (B) The notice shall advise the fiscal officer of his or her right to a hearing before the State Board of Education.
   3. (3) The fiscal officer may, within thirty (30) calendar days of service of the written notice of termination, request a hearing before the state board by sending a written request to the Division of Elementary and Secondary Education’s Office of Legal Services.
   4. (4) If the fiscal officer does not timely request a hearing before the state board, termination shall become effective thirty (30) calendar days after the date of service of the written notice of termination.

3. (c) Circumstances for which a waiver may be granted shall include without limitation the following:

   1. (1) The age of the fiscal officer at the time the criminal act occurred;
   2. (2) The length of time since the conviction;
   3. (3) Whether the fiscal officer has pled guilty or nolo contendere to, or has been found guilty of, any other criminal violations since the original conviction;
   4. (4) Whether the original conviction was expunged or pardoned; and
   5. (5) Any other relevant facts.
4. (d) The hearing shall follow the procedures set forth in 6 CAR § 194-108.

5. (e) After making its decision, the state board shall:

   1. (1) Reduce its decision to writing; and
   2. (2) Forward copies of the decision to the fiscal officer or applicant and the superintendent or director of the educational entity that issued the notice of termination.

Codification Notes: This part as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “Source: Ark. Code Ann. § 6-17-421.”