(Resolution No. 2 of 2014 as Amended by Resolution No. 5 of 2015 and as Further Amended by Resolution No. 4 of 2019 and as Further Amended by Resolution No. 1 of 2022)
Permits. The Executive Director of the District shall issue solid waste hauler licenses and vehicle permits annually for each calendar year. Initial solid waste hauler licenses and vehicle permits must be obtained prior to the applicant beginning business, and renewal solid waster hauler licenses and vehicle permits must be obtained prior to December 31 of the year preceding the year for which they are issued. All solid waste hauler licenses and vehicle permits will expire on December 31 of the year for which they are issued. Solid waste hauler licenses are non-transferrable. A vehicle permit may be transferred from a vehicle taken out of service to a replacement vehicle in accordance with Section 22.202.205 of this rule.
Notice of the proposed revocation or suspension and of the opportunity to be heard shall be in writing and served on the license holder at the address on file with the District by first class or certified mail or delivered in person to the place of business.
The notice to be given to the holder of such license must state the grounds and reasons for the recommended revocation or suspension and must also state the time and date on which the opportunity to be heard as well as the location. The purpose of the opportunity to be heard includes but is not limited to:
The notice shall contain the findings of fact which formed the basis for the Executive Director's decision. The license holder shall have 15 days to file a written appeal and request for a hearing before the Board to contest the findings of fact upon which the Executive Director relied. Upon receipt of the written request, the Board shall set the date, time and location of a Hearing before Board;
The Notice of Hearing shall be served upon business license holder by mailing the same to the business license holder at the address on file at the District's office. Service shall be by any means allowable by the Arkansas Rules of Civil Procedure as well as by First Class mail. The failure of a license holder to receive the Notice of Hearing, if sent to the last address on file at the Board, shall not constitute a failure to serve the license holder. The Notice of Hearing shall be mailed to the respondent at least 20 days prior to the hearing.
The Executive Director or their designee and the license holder may make an opening statement. Each will briefly summarize the facts as believed. Each party may then present evidence. The Executive Director will present the evidence first, the witnesses, if any, and then the license holder may do the same. The evidence may be in documents or oral testimony from witnesses. Witnesses will be sworn to tell the truth. Both the license holder and the Executive Director may be a witness.
Generally, witnesses can testify only about matters of which they have personal knowledge. Documents may be viewed by the Board. The Board has the authority to determine which evidence will be considered.
221.00.19 Ark. Code R. 002