2010 Arkansas Code
Title 3 - Alcoholic Beverages
Chapter 2 - Administration and Enforcement
Subchapter 2 - Primary Regulatory Agencies
§ 3-2-213 - Denial, suspension, or revocation of license -- Appeal to board.

3-2-213. Denial, suspension, or revocation of license -- Appeal to board.

(a) (1) Any applicant or licensee aggrieved by an order of refusal, suspension, or revocation issued by the Director of the Alcoholic Beverage Control Division or any person or group of persons who have formally protested the issuance of any license before a decision has been rendered by the director and are aggrieved by the issuance of the license may appeal the order or decision to the Alcoholic Beverage Control Board by filing a notice of appeal.

(2) The notice of appeal of a director's decision or order shall be in a written form which shall be mailed or delivered to the offices of the Alcoholic Beverage Control Division.

(3) The notice of appeal must be mailed or delivered to the offices of the division within fifteen (15) days after the order to be appealed was received by the recipient, as shown by the certified mail return receipt card returned to the division. In the event that the person filing an appeal of the director's decision or order was not sent a certified letter of the same, then the fifteen-day appeal period begins on the date that the director's decision or order was issued.

(4) Whenever any notice of appeal is filed with the division, the director shall immediately notify the board of that fact.

(b) (1) A hearing shall be held within at least sixty (60) days after the date of the filing of the notice of appeal unless the person appealing consents to a later hearing.

(2) Not later than ten (10) days before the time fixed for the hearing, the director shall notify the board and the applicant, licensee, or protester of the time when and the place where the appeal shall be heard by the board.

(3) At the time and place so fixed for the hearing, the board shall proceed to hear the appeal.

(4) At any such hearing the applicant, licensee, or protester, and the director may be present in person or by agent or counsel and present evidence and argument.

(5) The board shall adopt such rules and regulations as it shall deem necessary to govern the procedure in the hearing, and the board shall not be bound by the legal rules of evidence in hearing appeals and in making its determination.

(c) (1) Within five (5) days after the hearing is concluded, the board shall render its written opinion, decision, or order on the appeal.

(2) A copy of the opinion, decision, or order shall be mailed by the division by certified mail to the applicant, licensee, or protester.

(3) The order and decision shall be final and binding on the director and the applicant, licensee, or protester.

(4) However, an appeal may be taken from any order suspending or revoking a license as provided for in this subchapter.