(a)

1. (1) Any respondent who has received an offer of settlement from the Arkansas Ethics Commission shall have the right to request a public hearing pursuant to Arkansas Code § 7-6-218(b)(2).
2. (2) The request must be in writing and received by the commission no later than ten (10) calendar days from the issuance of the commission’s offer of settlement.

(c)

1. (1) Upon receiving a request for a public hearing, the director shall set a date, time, and place for the hearing, and written notice shall be given to the respondent and complainant, if applicable, pursuant to Arkansas Code § 25-15-208(a)(2).
2. (2) A written notice of public hearing is a public document.
3. (3) Once a matter has been scheduled for a public 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.

(d)

1. (1) The respondent shall have the right to:

   1. (A) Appear in person before the commission at the public hearing;
   2. (B) Be represented by counsel;
   3. (C) Present such documentary, oral, or other evidence as he or she may have in support of his or her position;
   4. (D) Cross-examine witnesses; and
   5. (E) Present argument on all issues involved.

2. (2) The complainant shall have the right to:

   1. (A) Appear in person before the commission at the public hearing;
   2. (B) Be represented by counsel; and
   3. (C) Address the commission.

3. (3)

   1. (A) The complainant shall not be responsible for presenting any evidence.
   2. (B) Such responsibility rests with the commission’s staff.

(e)

1. (1) The director, a staff attorney, or a director of compliance shall appear at the public hearing for purposes of presenting evidence concerning the alleged violation or violations of the respondent.
2. (2) Whichever of these individuals presents such evidence shall not be present while the commissioners conduct their deliberations, nor shall said individual assist the commission in preparation of the final order.
3. (3) In addition, a staff member who, in his or her official capacity, has signed a citizen complaint form on behalf of the commission, shall not be present while the commissioners conduct their deliberations, nor shall said individual assist the commission in the preparation of the final order.

(f)

1. (1) The chair of the commission or, at his or her request, one (1) of the other commissioners, shall preside at the public hearing and, as the presiding officer:

   1. (A) Rule on motions and objections; and
   2. (B) Admit or deny evidence into the record.
2. (2) The presiding officer is charged with maintaining the decorum of the public hearing and may refuse to admit, or may expel, anyone whose conduct is disorderly.

(g) The presiding officer shall conduct the public hearing in the following manner:

1. (1) Order of proceedings.

   1. (A) The presiding officer will give an opening statement, briefly describing the nature of the proceedings.
   2. (B) The parties are to be given the opportunity to present opening statements.
   3. (C) The parties will be allowed to present their cases in the sequence determined by the presiding officer.
   4. (D)

(i) Each witness shall be sworn or affirmed by the presiding officer and be subject to examination and cross-examination as well as questioning by the commission.

1. (ii) The presiding officer may limit questioning in a manner consistent with law.

   1. (E) When all parties and witnesses have been heard, the parties may be given the opportunity to present final arguments; and

2. (2) Evidence.

   1. (A) The presiding officer shall rule on the admissibility of evidence and may, when appropriate, take official notice of facts in accordance with all applicable requirements of law.

   2. (B)

      1. (i) Stipulation of facts between the parties is encouraged.
      2. (ii) The commission may make a decision based upon stipulated facts.

   3. (C)

      1. (i) A party seeking admission of an exhibit must provide a copy of each exhibit at the public hearing.
      2. (ii) The presiding officer must provide the opposing parties with an opportunity to examine the exhibit prior to the ruling on its admissibility.
      3. (iii) All exhibits admitted into evidence must be appropriately marked and be made part of the record.

   4. (D)

      1. (i) Any party may object to specific evidence or to request limits on the scope of the examination or cross-examination.
      2. (ii) A brief statement of the grounds upon which the action is based shall accompany such an objection.
      3. (iii) The objection, the ruling on the objection, and the reasons for the ruling will be noted in the record.
      4. (iv) The presiding officer may rule on the objection at the time it is made or may reserve the ruling until the written decision.

   5. (E)

      1. (i) Whenever evidence is ruled inadmissible, the party offering that evidence may submit an offer of proof on the record.
      2. (ii) The party making the offer of proof for excluded oral testimony will briefly summarize the testimony or, with permission of the presiding officer, present the testimony.
      3. (iii) If the excluded evidence consists of a document or exhibit, it shall be marked as part of an offer of proof and inserted in the record.

   6. (F)

      1. (i) Irrelevant, immaterial, and unduly repetitive evidence will be excluded.
      2. (ii) Any other oral or documentary evidence, not privileged, may be received if it is of a type commonly relied upon by reasonably prudent men and women in the conduct of their affairs.

(h) If a party fails to appear or participate in an adjudication after proper service of notice, the commission may proceed with the public hearing and render a decision in the absence of the party.

1. (i)
2. (1) The hearing will be recorded and a record maintained in accordance with Arkansas Code § 25-15-208(a)(5) in the event judicial review is sought under Arkansas Code § 25-15-212.
3. (2) Following the presentation of all evidence, the commission may convene to executive session for the purpose of conducting its deliberations, provided that, upon completion of the executive session, the commission shall convene in public to vote upon the final action.

(j)

1. (1) The decision of the commission after a public hearing shall be reduced to a final order signed by the chair of the commission, containing written findings of fact and conclusions of law, separately stated, in accordance with Arkansas Code § 25-15-210(b)(2).
2. (2) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
3. (3) All such decisions of the commission shall be made available for public inspection.

(k) The respondent shall be served either personally or by mail with a copy of any decision or order.

1. (l) Any final order of the commission shall constitute an adjudication for purposes of judicial review under Arkansas Code § 25-15-212.