§ 17-32-312 - Disciplinary action -- Procedures. - Arkansas Statutes

17-32-312. Disciplinary action -- Procedures.

(a) Any person may prefer charges of fraud, deceit, gross negligence, incompetence, or misconduct against any registrant or nonregistrant. The charges shall be:

(1) In writing;

(2) Sworn to by the person or persons making them; and

(3) Filed with the Secretary-treasurer of the State Board of Registration for Professional Geologists.

(b) Unless dismissed by the State Board of Registration for Professional Geologists as unfounded or trivial or settled informally, all charges shall be heard by the board within six (6) months after the date on which the charges were filed.

(c) (1) The time and place for the hearings shall be fixed by the board, and a copy of the charges, together with a notice of the time and place of the hearing, shall be personally served or mailed to the last known address of the accused individual holding a certificate of authorization at least twenty (20) days before the date fixed for the hearing.

(2) At any hearing, the accused individual shall have the right to appear in person or by counsel, or both, to cross-examine witnesses, and to produce evidence and witnesses in his or her defense.

(3) If the accused individual fails or refuses to appear, the board may proceed to hear and determine the validity of the charges.

(d) If after the hearing a majority of the board votes in favor of sustaining the charges, the board may:

(1) Reprimand the individual;

(2) Refuse to issue, restore, or renew a registrant's certificate of registration;

(3) Place a registrant on probation for a period of time; or

(4) Suspend or revoke a registrant's certificate of registration subject to conditions as the board may specify.

(e) A registrant or a nonregistrant aggrieved by any action of the board in levying a fine or denying, suspending, or revoking his or her certificate of registration or refusing to issue, restore, or renew his or her certificate of registration may seek administrative or judicial review in accordance with the Arkansas Administrative Procedure Act, 25-15-201 et seq.

(f) (1) In addition to or in lieu of any action under subsection (d) of this section, a civil penalty under 17-32-103 may be assessed in a proceeding conducted under this section.

(2) Unless the amount of the penalty is paid within fifty (50) days after the order becomes final, the order shall constitute a judgment and shall be filed and an execution issued in the manner as any other judgment of a court of record.

(g) Upon petition of a registrant, the board may reissue a certificate of registration upon the approval of a majority of the members of the board in favor of the reissuance.