§ 17-39-213 - Refusal, suspension, revocation -- Proceedings.
17-39-213. Refusal, suspension, revocation -- Proceedings.
(a) (1) When there is cause to refuse an application or cause to suspend or revoke the license of any polygraph examiner, the Arkansas Board of Private Investigators and Private Security Agencies, not less than thirty (30) days before refusal, suspension, or revocation action is taken, shall notify the person in writing, in person, or by certified mail at the last address supplied to the board by the person. This notice shall include notification of the impending refusal, suspension, or revocation, the reasons therefor, and of his or her right to an administrative hearing for the purpose of determining whether or not the evidence is sufficient to warrant the refusal, suspension, or revocation action proposed to be taken by the board.
(2) If, within twenty (20) days after the personal service of notice or notice has been deposited into the United States mail, the person has not made a written request to the board for this administrative hearing, then the board is authorized to suspend or revoke the polygraph examiner's license of the person without a hearing.
(3) Upon receipt by the board of the written request within the twenty-day period as set out in subdivision (a)(2) of this section, an opportunity for an administrative hearing shall be afforded as early as is practicable.
(4) In no case shall the hearing be held fewer than ten (10) days after written notification thereof, including a copy of the charges, shall have been given the person by personal service or by certified mail sent to the last address supplied to the board by the applicant or licensee.
(5) The administrative hearing in those cases shall be before the board.
(b) (1) The board shall conduct the administrative hearings, and it is authorized to administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books, papers, documents, etc.
(2) On the basis of the evidence submitted at the hearing, the board shall take whatever action it deems necessary in refusing the application or suspending or revoking the license.
(c) (1) Upon the revocation or suspension of any license, the licensee shall immediately surrender the license or licenses to the Secretary of the Arkansas Board of Private Investigators and Private Security Agencies.
(2) Failure of a licensee to do so shall be a violation of this chapter, and upon conviction the licensee shall be subject to the penalties set forth in 17-39-103.
(3) At any time after the suspension or revocation of any license, the secretary shall restore it to the former licensee upon the written recommendations of the board.