2016 Arkansas Code
Title 11 - Labor and Industrial Relations
Chapter 11 - Employment Offices and Agencies
Subchapter 2 - -- Private Employment Agencies
§ 11-11-222. Refusal, suspension, or revocation of license -- Notice and hearing
(a) (1) The Director of the Department of Labor may not refuse to issue a license or suspend or revoke a license unless it furnishes the person, employment agent, agency manager, or employment counselor with a written statement of the charges against him or her and affords him or her an opportunity to be heard on the charges.
(2) At the time that written charges are furnished to an employment agency, the director shall make available to the agency a signed written statement by any individual having filed a complaint with the director relative to the matter for which charges have been filed by the director.
(3) The agency shall be given at least twenty (20) days' written notice of the date and time of the hearing. The notice shall conform to the standards for notices set forth in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(4) The notice shall be sent by certified mail, return receipt requested, to the address of the person as shown on his or her application for license, or it may be served in the manner in which a summons is served in civil cases commenced in the circuit courts of this state.
(b) (1) At the time and place fixed for the hearing, the director shall hold the hearing and thereafter make his or her order either dismissing the charges or refusing, suspending, or revoking the license.
(2) (A) At the hearing, the accused shall have the right to appear personally and by counsel and to cross-examine witnesses against him or her.
(B) (i) He or she shall be allowed to produce evidence and witnesses in his or her defense and shall have the right to have witnesses subpoenaed.
(ii) The subpoenas shall be issued by the director.
(c) (1) A stenographic record of all proceedings shall be made, and a transcript of the proceedings shall be made if desired by the Department of Labor or by the accused.
(2) The transcript shall be paid for by the party ordering it.
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