076.00.91 Ark. Code R. 002
Current through Register Vol. 49, No. 10, October, 2024
Rule 076.00.91-002 - Amendments to Rules and Regulations 127, 131, 204131. Hearings - Procedure (a) At any and all meetings of the Commission at which a hearing is to be held on any complaint previously filed, the same shall be set down for a day certain by the Commission, at least 30 days prior to any such hearing date.(b) The Secretary shall, at least 30 days prior to any such hearing date, send notice to all persons entitled to notice thereof of the place and approximate time of said hearing, a brief and concise statement of the facts forming the basis of the complaint, and the provisions of the law or the rules and regulations thought to be involved therein.(c) Any licensee complained against and to be heard, or any complaining witness, may, by written petition, signed and dated, invoke the aid of the Commission in the procurement of any witness or document he or she may desire to be present and testify at such hearing, provided such petition is filed with the Secretary at least 7 days prior to such hearing date. Any and all costs anticipated must be deposited with the Secretary at the time of any such request.(d) Every complaint filed with the Secretary which shall be determined to have established reasonable cause to believe a violation has occurred shall be given a file number by the Secretary and thereafter all written documents pertaining thereto shall bear that assigned file number,(e) Bach and every hearing of the Commission, after being duly called to order, shall begin with a statement by the Chairman or Vice-chairman, as to the nature of the cause to be heard, an inquiry of the parties present as to whether each is prepared to proceed, and thereafter the cause shall proceed with the presentation of evidence for and on behalf of the complainant. At the conclusion of such evidence the person complained against may then proceed to introduce evidence in contradiction, after which rebuttal testimony may be offered.(f) Either oral or written argument of the issues raised may be called for or dispensed with at the discretion of the Commission.(g) The Commission shall file with the Secretary its findings and conclusions as to all hearings and an appropriate Order shall be sent to the licensee involved.(h) At any hearing both the respondent licensee and complainant may be present in the hearing room during the entire hearing and the respondent licensee shall have the right to cross examine any witness and to examine any document or evidence submitted.(i) The Commission will receive into evidence all affidavits, depositions, certified copies of documents, photocopies of official records and exhibits therewith introduced, together with such other evidence as may be admissible by law. The Commission shall give to such evidence such weight as the Commission shall determine just and proper.(j) Every pleading, motion or other document, and every request to the Commission must be filed with the Secretary in writing, signed, dated and in quintuplicate.(k) No attorney shall withdraw his appearance in any cause before this Commission except by leave of the Commission after notice served by him on his client and counsel for the Commission,076.00.91 Ark. Code R. 002