§ 17-47-312 — Disciplinary actions - Procedure

(a) Any person may prefer charges of fraud, deceit, gross negligence, incompetence, misconduct, or violation of the code of ethics against any individual registrant. (b) Charges shall be in writing, shall be sworn to by the person or persons making them, and shall be filed with the Arkansas Natural Resources Commission. (c) All charges, unless dismissed by the commission as unfounded or trivial, shall be heard by the commission within three (3) months after the date on which they have been preferred. (d) The time and place for the hearing shall be fixed by the commission. (e) A copy of the charges together with a notice of the time and place of hearing shall be served upon the accused either personally or sent by registered or certified mail to the last known address of the individual registrant at least thirty (30) days before the date fixed for hearing. (f) At any hearing, the accused registrant shall have the right to appear in person or by counsel, or both, to cross-examine witnesses appearing against the accused, and to produce evidence and witnesses in defense of the accused. (g) If the accused person fails or refuses to appear, the commission may proceed to hear and determine the validity of the charges. (h) If after the hearing a majority of the commission votes in favor of sustaining the charges, the commission shall make findings of fact, draw its conclusions, and issue its order therein and serve it upon the accused. (i) In the order the commission may reprimand, suspend, refuse to renew, or revoke the accused individual's certificate of registration. (j) Any person who feels aggrieved by any action of the commission in denying, suspending, refusing to renew, or revoking his or her certificate of registration may appeal therefrom to the circuit court of the county in which he or she resides or in Pulaski County as the aggrieved party may elect.

Legislative History

Amended by Act 2023, No. 691,§ 115, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 114, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 105, eff. 7/1/2019. Acts 1975, No. 460, § 17; A.S.A. 1947, § 71-2717.