(b) Grounds for revocation or suspension. The Executive Director of the Saline County Regional Solid Waste Management District may revoke or suspend any solid waste hauler license and/or one (1) or more of the vehicle registration permits issued thereunder by the Saline County Regional Solid Waste Management District after the same have been issued, when any one (1) or more of the following grounds exist:

1. (1) The license was obtained by fraud or false representation of facts;
2. (2) The license was issued through mistake or inadvertence;
3. (3) The license application contained any false or misleading statement, evasions, or suppression or omission of material facts;
4. (4) The license holder has committed substantial violations of the terms and conditions on which a license is issued;
5. (5) Multiple customer complaints about the licensee have been submitted to the district;
6. (6) The licensee has violated local or county environmental ordinances or state environmental laws or those regulating the business activity for which the license is issued;
7. (7) The licensee has demonstrated wrongful behavior of a substantial character and of a public concern in relation to the licensed activity; or
8. (8) When reasonably necessary in the interests of protection of the public health, safety, or welfare.

(c) Notice — Opportunity to be heard.

1. (1) Before any solid waste hauler license and/or any vehicle permit issued thereunder shall be revoked or suspended, the holder of such license shall be given ten (10) business days’ notice of an opportunity to be heard before the executive director at which time the holder of such license must demonstrate cause why such license and/or vehicle registration permit should not be revoked or suspended.
2. (2) Notice of the proposed revocation or suspension and of the opportunity to be heard shall be in writing and served on the license holder at the address on file with the district by first-class or certified mail or delivered in person to the place of business.
3. (3) The notice to be given to the holder of such license must state the grounds and reasons for the recommended revocation or suspension and must also state the time and date for the opportunity to be heard as well as the location.

4. (4) The purpose of the opportunity to be heard includes but is not limited to:

   1. (A) Clarify any misunderstandings of facts;
   2. (B) Establish agreement on as many of the undisputed facts as possible; and
   3. (C) Identify the factual disagreements to be decided by the executive director.

(d) Executive director’s determination — Appeal.

1. (1) The executive director, within five (5) business days following the date of the opportunity to be heard, shall notify the license holder by certified mail of the executive director’s decision.

2. (2) Such decision shall be either:

   1. (A) To withdraw the notice of revocation or suspension; or
   2. (B) To revoke or suspend the solid waste hauler license and/or the vehicle registration permit or permits issued thereunder.
3. (3) The notice shall contain the findings of fact which formed the basis for the executive director’s decision.
4. (4) The license holder shall have fifteen (15) days to file a written appeal and request for a hearing before the Saline County Regional Solid Waste Management District Board to contest the findings of fact upon which the executive director relied.

5. (5)

   1. (A) Upon receipt of the written request, the board shall set the date, time, and location of a hearing before the board.
   2. (B) The notice of hearing shall be served upon the business license holder by mailing the same to the business license holder at the address on file at the district’s office.
   3. (C) Service shall be by any means allowable by the Arkansas Rules of Civil Procedure as well as by first-class mail.
   4. (D) The failure of a license holder to receive the notice of hearing, if sent to the last address on file with the board, shall not constitute a failure to serve the license holder.
   5. (E) The notice of hearing shall be mailed to the respondent at least twenty (20) days prior to the hearing.

(e) Hearing before the board.

1. (1) Appearance at the hearing.

   1. (A) The license holder must appear on the date specified in the notice of hearing unless another date is agreed upon in writing by both the district and the license holder.
   2. (B) If the license holder does not appear on the scheduled date, the board will interpret the absence as an indication that the license holder no longer wishes to pursue the matter.
   3. (C) The license holder will be in default and the board will interpret the absence to be an admission by license holder that all of the findings of fact made by the executive director are true.
   4. (D) In that event, the board will affirm the executive director’s decision by resolution.

2. (2) Conduct of the hearing.

   1. (A) The hearing will be conducted as an administrative hearing.
   2. (B) The board will oversee the hearing, rule on procedure, and determine the evidence which may be presented.
   3. (C) At the hearing, the license holder shall have the right to introduce pertinent witnesses and documents and be represented by an attorney should the license holder choose.
   4. (D) The executive director or their designee and the license holder may make an opening statement.
   5. (E) Each will briefly summarize the facts as believed.
   6. (F) Each party may then present evidence.
   7. (G) The executive director will present the evidence first, the witnesses, if any, and then the license holder may do the same.
   8. (H) The evidence may be in documents or oral testimony from witnesses.
   9. (I) Witnesses will be sworn to tell the truth.
   10. (J) Both the license holder and the executive director may be a witness.
   11. (K) Generally, witnesses can testify only about matters of which they have personal knowledge.
   12. (L) Documents may be viewed by the board.
   13. (M) The board has the authority to determine which evidence will be considered.

3. (3) Board determinations. Following the hearing, and after deliberation, the board may, by resolution, take one (1) of the following actions:

   1. (A) Revoke or suspend the then current license and/or vehicle registration permit or permits issued thereunder; or
   2. (B) Choose not to revoke or suspend the then current license and/or vehicle registration permit or permits issued thereunder.

4. (4) Notice of decision. The board shall notify the license holder of its decision by one (1) or more of the following methods:

   1. (A) Personal delivery to the license holder;
   2. (B) Certified mail, return receipt requested, to the last address on file with the district;
   3. (C) Fax notice to the last known fax number on file with the district; or
   4. (D) Posting a notice of the license revocation in a conspicuous place upon the premises of the fixed place of business as specified in the application for the license.

(f) Emergency suspension of license.

1. (1) Upon a finding and declaration by the executive director that an emergency situation exists which may endanger the public environmental health, the executive director may immediately suspend a solid waste hauler license and/or a vehicle permit or permits issued thereunder.

2. (2) Notice of emergency suspension. As soon as practical after taking such action, the executive director shall notify the license holder of the emergency suspension by one (1) or more of the following methods:

   1. (A) Personal delivery to the license holder;
   2. (B) Certified mail, return receipt requested, to the last address on file with the district;
   3. (C) Fax notice to the last known fax number on file with the district; or
   4. (D) Posting a notice of the emergency suspension in a conspicuous place upon the premises of the fixed place of business as specified in the application for the license.
3. (3) Appeal. The solid waste hauler license holder may appeal the executive director’s decision using the same procedure for appeal as that set out in subsection (e) of this section.