(b)

1. (1) The director shall determine if the document meets the requirements of a valid complaint set forth in 7 CAR § 1-501(c).
2. (2) If the director determines that the document does not constitute a valid complaint, he or she shall advise the complainant in writing specifically why the document fails to meet the requirements of a valid complaint.

(c)

1. (1) Upon a determination that a valid complaint has been received, the director shall cause an investigation to be commenced concerning the allegations of the complaint.
2. (2) As part of that investigation, the director shall request that the complainant submit any and all evidence he or she may have concerning the matter or matters alleged.
3. (3) The commission’s staff, and not the complainant, shall be responsible for conducting the investigation.

(e)

1. (1) The director shall notify the person accused that he or she is under investigation, and the nature of the investigation pursuant to Arkansas Code § 7-6-218(b)(1)(B).
2. (2) If during the process of the investigation, evidence of other potential violations is discovered, the director shall notify the respondent of same in writing if an investigation of said potential violations is pursued.
3. (3) When notifying the respondent of an investigation, the director shall inform the respondent that he or she has a right to submit any and all evidence which may serve to rebut or mitigate the alleged violation or violations.

(f)

1. (1) The commission’s staff shall present a preliminary report of its investigation, including a recommendation that the investigation either be continued or that the complaint be dismissed, to the commission within sixty (60) days of the filing of the complaint, unless good cause be shown.
2. (2) After being presented the preliminary report, the commission shall decide whether to dismiss the complaint or direct the staff to complete the investigation.
3. (3) If the commission directs staff to complete the investigation, the director shall notify the respondent in writing of this decision.

(h)

1. (1) In any case in which the commission has dismissed a complaint, the respondent may request in writing that the commission make a finding as to whether or not the complaint filed was frivolous, i.e., clearly lacking any basis in fact or law.
2. (2) Upon receipt of such a request, a copy shall be furnished to the complainant and he or she shall have ten (10) calendar days to submit a written response.
3. (3) As part of that response, the complainant may request a hearing on the issue of whether or not the complaint was frivolous.
4. (4) At such a hearing, both the respondent and the complainant shall have the right to be represented by counsel.
5. (5) If no hearing is requested, the question of whether or not the complaint filed was frivolous shall be decided on the written submission or submissions.
6. (6) In the event the commission finds that the complaint was frivolous, the respondent may file a complaint seeking sanctions as provided in Arkansas Code § 7-6-218(b)(4).

(i)

1. (1) The director, a staff attorney, or a director of compliance of the commission may issue subpoenas for documents, persons, books, or other records relevant to complaint investigations and may take sworn statements and administer oaths in connection therewith.
2. (2) The director shall also be empowered to issue subpoenas on behalf of the respondent so as to ensure all relevant evidence may be obtained in any investigation.
3. (3) Any decision by the director to deny the respondent a requested subpoena shall be in consultation with the chair of the commission.

(k)

1. (1) All proceedings, records, and transcripts of any investigations or inquiries shall be kept confidential by the commission, unless:

   1. (A) The respondent requests disclosure of documents relating to investigation of the case;
   2. (B) The respondent requests a public hearing, see 7 CAR § 1-701(a); or
   3. (C) There is judicial review of a commission decision pursuant to Arkansas Code § 25-15-212, see 7 CAR § 1-1001(c).
2. (2) Provided, however, that the commission may, through its members or staff, disclose confidential information to proper law enforcement officials, agencies, and bodies or as may be required to conduct its investigation.
3. (3) Moreover, thirty (30) days after any final adjudication in which the commission makes a finding of a violation, all records relevant to the investigation and upon which the commission based its decision, except working papers of the commission and its staff, shall be open to public inspection.

(n)

1. (1) The respondent and the complainant, if applicable, shall be notified in writing by the director, a staff attorney, or a director of compliance of the date, time, and place of the meeting at which the complaint will be considered for a probable cause determination.
2. (2) The respondent and the complainant may choose to attend and/or be represented by counsel.
3. (3) The respondent may offer testimony and other evidence at the meeting at which the complaint is considered for a probable cause determination.

4. (4)

   1. (A) The complainant may address the commission but shall not be responsible for presenting any evidence.
   2. (B) Such responsibility rests with the commission’s staff.
5. (5) When the matter comes before the commission for a probable cause determination, it will be handled in confidential session and not be open to the public.
6. (6) At the meeting at which the complaint is considered for a probable cause determination, staff shall present a final report of its investigation to the commissioners together with any other information staff deems appropriate.

(o)

1. (1) If the commission finds that probable cause exists for a finding of a violation, the commission shall issue a written offer of settlement to the respondent stating the finding or findings of the commission and the proposed sanction or sanctions.
2. (2) The issuance of an offer of settlement shall not mean that the commission has found that the respondent has committed a violation but, rather, that probable cause has been found to exist.
3. (3) If the commission does not find probable cause, it shall dismiss the complaint.

(p)

1. (1) Any person who wishes to accept the commission’s offer of settlement shall do so in writing within ten (10) calendar days from the issuance of the offer.
2. (2) The acceptance of an offer of settlement shall be the equivalent of a final adjudication in which the commission made a finding of a violation and shall constitute final action for purposes of appeal under the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
3. (3) If accepted, the offer of settlement shall be deemed a public record.

(q)

1. (1) If the respondent neither accepts the offer of settlement nor requests a public hearing in accordance with 7 CAR § 1-701(a) within ten (10) calendar days from the issuance of the offer of settlement, then the commission shall set the complaint for final adjudication hearing.
2. (2) Said hearing shall be conducted in the same manner as provided for in 7 CAR § 1-701(d) – (l), except that the final adjudication hearing shall be held in confidential session.
3. (3) The respondent and the complainant, if applicable, shall be given written notice of the date, time, and place of the hearing pursuant to Arkansas Code § 25-15-208(a)(2).
4. (4) Once a matter has been scheduled for a final adjudication hearing, the respondent, upon written request, shall be permitted to review the entire investigative file with the exception of working papers of the commission and its staff.
5. (5) Following the final adjudication hearing, the commission shall prepare a final order setting forth its findings of fact and conclusions of law based upon the evidence presented at the final adjudication hearing.
6. (6) The commission shall not be bound by the terms of the offer of settlement in issuing the final order.

(r)

1. (1)

   1. (A) Except as provided in subdivision (r)(2) of this section, all investigations commenced as a result of any complaint must be completed within two hundred ten (210) days from the date of receipt of the complaint upon which the investigation is based, except that, if a public hearing or other hearing of adjudication is conducted, all action on the complaint by the commission shall be completed within two hundred forty (240) days.
   2. (B) Provided, however, that such time shall be tolled during the pendency of any civil action, civil appeal, or other judicial proceedings involving those particular commission proceedings.
2. (2) If the commission requires additional time to complete its investigation under subdivision (r)(1) of this section or to complete its hearing or action under subdivision (r)(1) of this section and gives written notice to the person who is under investigation or the subject of the hearing or action, the commission may extend the time to complete the investigation, hearing, or action by no more than sixty (60) days.

(s)

1. (1) The commission, in a document, shall advise the complainant and the respondent of the final action taken together with the reasons for the action.
2. (2) Said document shall be a public record.

(t)

1. (1) Nothing herein shall prohibit the commission from informally disposing of a complaint by stipulation, settlement, consent order, or default pursuant to Arkansas Code § 25-15-208(b).
2. (2) Any settlement agreement entered into between the commission and a respondent shall be deemed a public record.