§ 17-27-414 - Grievance procedure -- Denial, revocation, or suspension of license or certificate -- Appeals.
17-27-414. Grievance procedure -- Denial, revocation, or suspension of license or certificate -- Appeals.
(a) The State Board of Examiners of Alcoholism and Drug Abuse Counselors may hear the grievances of any person whose application for a license, registration, or certificate has been denied.
(b) The board may deny, revoke, or suspend any license, registration, or certificate upon proof that the person has willfully or repeatedly violated any of the provisions of this subchapter or any rule or regulation promulgated by the board or upon proof that a person has practiced outside the scope of practice for which he or she is licensed or certified under this subchapter.
(c) The board shall not suspend, revoke, or refuse to renew a license or certificate, except after a hearing held before the board, upon notice to the person charged.
(d) The notice shall:
(1) Be in writing;
(2) State the nature of the charges and the time and place of the hearing; and
(3) Be served on the person charged by certified mail not less than thirty (30) days before the date of the hearing.
(e) The person charged:
(1) May appear in person or by counsel;
(2) May testify;
(3) May produce evidence and witnesses on his or her own behalf;
(4) May cross-examine witnesses; and
(5) Is entitled on application to the board to the issuance of subpoenas to compel the attendance of witnesses and the production of documentary evidence.
(f) (1) The board or its authorized representative on his or her behalf shall have the authority to issue subpoenas to compel the attendance of witnesses and the production of documents and may administer oaths.
(2) The board may invoke the aid of the circuit court for the county in which the hearing is held to enforce compliance with its subpoenas.
(g) A stenographic or mechanical record of the hearing shall be taken, and a transcript shall be preserved by the board.
(h) At all hearings before the board, the Attorney General of the State of Arkansas or one (1) of his or her assistants designated by him or her shall appear and represent the board.
(i) The decision of the board shall be by a majority vote of the board.
(j) A copy of the board's order shall be sent by certified mail to the last known address of the person charged.
(k) The board may grant a rehearing when new and material evidence is offered for its consideration.
(l) (1) Any person aggrieved by a final order of the board, within thirty (30) days of the entry of the order, may appeal to the circuit court of the county in which he or she resides.
(2) The appeal shall be determined by the court upon the certified record, and new or additional evidence shall not be heard or considered by the court.