Denial, suspension, revocation — Proceedings

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  7. Denial, suspension, revocation — Proceedings

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  1. (a)

    1. (1)

      1. (A) When the Director of the Division of Arkansas State Police seeks to deny an application or suspend or revoke a license issued under this subchapter and subchapter 1, the director shall notify the applicant or licensee in person or by certified mail, return receipt requested, at the last address supplied to the director by the applicant or licensee.

      2. (B) The notice under subdivision (a)(1)(A) of this section shall include notification of the denial, suspension, or revocation, the reasons for the denial, suspension, or revocation, and the applicant's or licensee's right to an administrative hearing for the purpose of determining whether or not the evidence is sufficient to warrant the denial, suspension, or revocation action proposed to be taken by the director.

    2. (2) Upon receipt by the director of the written request for a hearing from the applicant or the licensee, an opportunity for an administrative hearing shall be afforded as early as is practicable.

    3. (3) The administrative hearing in a case under this subsection shall be before an administrative hearing officer appointed by the director.

  2. (b)

    1. (1) The administrative hearing officer shall conduct the administrative hearing, and he or she may administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books, papers, documents, or other relevant evidence.

    2. (2) The administrative hearing officer shall submit his or her recommendation to the director within sixty (60) days of the hearing.

  3. (c)

    1. (1) Upon the suspension or revocation of any license, the licensee shall immediately surrender the license or licenses to the director.

    2. (2) Failure of a licensee to surrender the license or licenses is a violation of this subchapter and subchapter 1, and upon conviction the licensee shall be subject to the penalties set forth in § 17-39-103.

  4. (d)

    1. (1) The denial, suspension, or revocation of a license shall be governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

    2. (2) Venue for the appeal to circuit court under this section shall be in Pulaski County, Arkansas.


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