§ 17-88-310 - Denial, revocation, or suspension -- Proceedings. - Arkansas Statutes

17-88-310. Denial, revocation, or suspension -- Proceedings.

(a) (1) Any person may file a complaint with the Arkansas State Medical Board against any person having a license to practice occupational therapy in this state charging the person with having violated the provisions of 17-88-309.

(2) The complaint shall set forth a specification of charges in sufficient detail so as to disclose to the accused fully and completely the alleged acts of misconduct for which he or she is charged.

(b) When a complaint is filed, the Secretary of the Arkansas State Medical Board shall mail a copy to the accused by registered mail at his or her last address of record. With the copy shall be a written notice of the time and place of hearing and advising him or her that he or she may be present in person and by counsel, if he or she so desires, to offer evidence and be heard in his or her defense.

(c) (1) At the time and place fixed for a hearing before the board, the board shall receive evidence upon the subject matter under consideration and shall accord the person against whom charges are preferred a full and fair opportunity to be heard in his or her defense.

(2) The board shall not be bound by strict or technical rules of evidence but shall consider all evidence fully and fairly. However, all oral testimony considered by the board must be under oath.

(3) All hearings and appeals shall be conducted in accordance with the provisions of the Arkansas Administrative Procedure Act, 25-15-201 et seq.

(4) All evidence considered by the board shall be construed so as not to deprive any person of his or her rights without full, fair, and impartial hearing.