Arkansas § 17-31-309 Revocation - Grounds - Proceedings

Arkansas Statutes

§ 17-31-309 — Revocation - Grounds - Proceedings

(a)The Department of Agriculture may receive and investigate complaints against registered foresters and the Arkansas Forestry Commission may make findings thereon.

(b)(1) The commission may revoke the certificate of any registered forester who has been convicted of a felony listed under § 17-3-102 or who is found guilty by the commission of any fraud, deceit, gross negligence, misrepresentation, willful violation of contract, misconduct, or gross incompetence.

(2)The commission shall investigate such charges.

(c)All charges, unless dismissed as unfounded or trivial, shall be heard by the commission within three (3) months after the date on which they are presented to the commission.

(d)Before the commission shall revoke the certificate of any registered forester, the commission shall

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(a) The Department of Agriculture may receive and investigate complaints against registered foresters and the Arkansas Forestry Commission may make findings thereon. (b) (1) The commission may revoke the certificate of any registered forester who has been convicted of a felony listed under § 17-3-102 or who is found guilty by the commission of any fraud, deceit, gross negligence, misrepresentation, willful violation of contract, misconduct, or gross incompetence. (2) The commission shall investigate such charges. (c) All charges, unless dismissed as unfounded or trivial, shall be heard by the commission within three (3) months after the date on which they are presented to the commission. (d) Before the commission shall revoke the certificate of any registered forester, the commission shall conduct a hearing, the time and place for which shall be fixed by the commission. A copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed by registered letter to the last known address of the registered forester at least thirty (30) days before the date fixed for the hearing. (e) At any hearing, the accused registered forester shall have the right to appear personally and, by counsel, to cross-examine witnesses appearing against him or her and to produce evidence and witnesses in his or her own defense. (f) A written record, including the testimony of all witnesses, shall be made. (g) If the accused registered forester is found guilty of the charges made against him or her, the commission may revoke his or her certificate of registration. (h) A registered forester whose certificate of registration has been revoked may apply for a review of the proceedings of the commission by any court of competent jurisdiction as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. The petition to the circuit court shall set out in detail what adverse action of the commission was erroneous.

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Legislative History

Amended by Act 2023, No. 691,§ 93, eff. 7/1/2023. Amended by Act 2019, No. 990,§ 37, eff. 7/24/2019. Acts 1969, No. 535, § 20; A.S.A. 1947, § 71-2420.