(a)
- (1) Unless a respondent rejects an offer of settlement, the State Board of Election Commissioners shall complete its investigation of a complaint filed according to Arkansas Code § 7-4-120 and take final action within one hundred eighty-two (182) days of the deadline to file a complaint for the election.
- (2) If an offer of settlement is made and the respondent rejects the offer by failing to communicate an acceptance of the offer within ten (10) calendar days of the day the board transmitted the offer, the board may conduct a hearing and shall take final action within two hundred forty-five (245) days of the deadline to file a complaint for the election.
- (3) An offer of settlement that has not been responded to within ten (10) calendar days may be accepted after the ten-day deadline, but at the discretion of the director so long as such acceptance is made more than ten (10) calendar days before any scheduled public meeting.
(4)
- (A) A respondent seeking to accept an offer of settlement within ten (10) calendar days before any scheduled public hearing on the matter must be approved by the board.
- (B) A respondent seeking to accept an offer of settlement within ten (10) days of a scheduled public hearing shall notify the director of his or her acceptance of the offer.
- (C)
(i) The director shall notify the board by email of the tendered acceptance by the respondent.
(ii) The director shall recommend either that the tendered offer be rejected and that the matter proceed to the public hearing, or that the board accept the respondent’s acceptance of the offer of settlement.
- (iii) The recommendation of the director shall be accepted by the board on the fifth business day after the date the director makes his or her recommendation unless an objection is made by a board commissioner.
(D)
- (i) If a board commissioner objects to the acceptance of the respondent’s tendered acceptance within ten (10) days of a scheduled public hearing, the matter shall proceed on the date set for the public hearing.
- (ii) At the public hearing, the board shall determine whether to:
- (a) (a) Accept the tendered offer of settlement; or
- (b) (b) Proceed with the public hearing.
(b) The board shall advise the complainant and the respondent in writing of the:
- (1) Finding of the board;
- (2) Final action taken, including sanctions, if any; and
(3) Reasons for the finding, final action, and sanctions, if any.
- (c) Any final action of the board shall constitute an adjudication for purposes of judicial review under Arkansas Code § 25-15-212.