177.00.06 Ark. Code R. § 002 Changes to Department Rules

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 177.00.06 Ark. Code R. § 002
• Year: 2023

RULE 2.03 ADMINISTRATIVE HEARING ADVISORY BOARD

A There is hereby created an Administrative Hearing Board (hereinafter called the Hearing Board) which shall consist of (7) members appointed by the director of the ACD as follows: * *Four Appraisal Managers. One representing each congressional district; * *One member representing public education; * *One at-large member that is a property owner and a resident of the state of Arkansas representing taxpayers;______ * *One Assessor who has an ACD Level 4 Designation.

B. Each Hearing Board member will serve for three years except for the first year when the members will draw lots to initiate the necessary staggered terms system. The first working year shall begin immediately upon adoption of this rule and last until the 2nd Monday in January, 2008 when the second year shall begin and each year shall continue in a like manner thereafter.

C. At the first meeting of the Hearing Board each year after the new appointees to the Board have taken office, the Board shall elect a Chairman and a Secretary for that year.

D. Appointment to the Board shall be made by the Director of the ACD, after seeking nominations from organizations or individuals representing each of the required sectors.

E. A board member may be dismissed by the chairman if they cease to meet eligibility requirements herein or fail to attend 3 consecutive meetings without justification, or for other reasonable cause.

RULE 2.04 ADJUDICATIVE HEARINGS

STATUTORY AUTHORITY ACA 25-15-208.

A. SCOPE The provisions of the Arkansas Administrative Procedures Act, as amended, are applicable to all final orders and decisions of the Assessment Coordination Department (ACD). This Rule applies to, but is not limited to, all requests for administrative adjudications concerning such decisions and orders resulting from ACD: out of compliance findings and directives for corrective action; termination of reappraisal contracts and plans; removal of appraisal companies from the list of registered contractors decisions suspending or revoking professional designations of appraisers and appraisal managers; and any impositions of civil penalties. The provisions of the Administrative Procedures Act addressing "licensing" is applicable in situations where ACD rules refer to "professional designations".

B. PRESIDING OFFICER The Chairman of the Administrative Hearing Advisory Board (Hearing Board) shall request the Attorney General to provide a presiding officer to preside at the hearing. If the Attorney General does not provide a hearing officer the chairman may preside or designate other members of the Board to preside.

C. APPEARANCES 1. Any party appearing in the Department proceeding has the right, at his or her own expense, to be represented by counsel. 2. A party may request a formal hearing, or adjudicatory proceeding, on his or her own behalf or may do so through an attorney. 3. Any attorney representing a party to an adjudicatory proceeding must file notice of appearance promptly upon being retained. 4. Service on counsel of record is the equivalent of service on the party represented. 5. On written motion served on the party represented and all other parties of record, the presiding officer may grant counsel of record leave to withdraw for good cause shown.

D. CONSOLIDATION If there are separate matters that involve similar issues of law or fact, or identical parties, the matters may be consolidated if it appears that consolidation would promote the just, speedy and inexpensive resolution of the proceedings, and would not unduly prejudice the rights of a party.

E. NOTICE TO INTERESTED PARTIES If it appears that the determination of the rights of parties in a proceeding will necessarily involve a determination of the substantial interests of persons who are not parties, the presiding officer may enter an order requiring that an absent person be notified of the proceeding and be given an opportunity to be joined as a party of record.

F. SERVICE OF PAPERS Unless the presiding officer otherwise orders, every pleading and every other paper filed for the proceeding, except applications for witness subpoenas and the subpoenas, shall be served on each party or the party's representative at the last address of record.

G. INITIATION &amp NOTICE OF HEARING 1. An administrative adjudication is initiated by the request of the respondent for a formal hearing and upon which event the ACD shall issue a notice of hearing. 2. The notice of hearing will be sent to the respondent by U.S. Mail, return receipt requested, delivery restricted to the named recipient or his agent. Notice shall be sufficient when it is so mailed to the respondent's latest address on file with the agency. 3. Notice will be mailed at least 20 days before the scheduled hearing. 4. The notice will include:a. A statement of the time, place, and nature of the hearing; b. A statement of the legal authority and jurisdiction under which the hearing is to be held: and c. A short and plain statement of the matters of fact and law asserted.

H. MOTIONS All requests for relief will be by motion Motions must be in writing or made on the record during a hearing. A motion must fully state the action requested and the grounds relied upon. The original written motion will be filed with the agency. When time allows, the other parties may, within seven (7) days of the service of the written motion, file a response in opposition. The presiding officer may conduct such proceedings and enter such orders as are deemed necessary to address issues raised by the motion. However, a presiding officer will not enter a dispositive order or decision unless expressly authorized in writing to do so, otherwise the motion must be heard and ruled on by a majority of the members of the Hearing Board that are present.

I. ANSWER The party filing the request for a hearing shall be called the respondent. A respondent may, but is not required to, file an answer or objection to the action of the department that brought about the request for an adjudicative hearing.

J. DISCOVERY 1. Upon written request, the agency will provide the information designated in A.C.A § 177undefined25-15-208(a) (3). 2. Such requests should be received by the agency at least 10 days before the scheduled hearing.

K. CONTINUANCES1. The presiding officer may grant a continuance of hearing for good cause shown. Requests for continuances will be made in writing. The request must state the grounds to be considered and be made as soon as practicable and, except in cases of emergencies, no later than five (5) days prior to the date noticed for the hearing. In determining whether to grant a continuance, the presiding officer may consider: a. Prior continuances: b. The interests of all parties: c. The likelihood of informal settlements: d. The existence of an emergency; e. Any objection; f. Any applicable time requirement; g. The existence of a conflict of the schedules of counsel, parties, or witnesses; h. The time limits of the request; and i. Other relevant factors. 2. The presiding officer may require documentation of any grounds for continuance.

L. HEARING PROCEDURES1. A simple majority of the Hearing Board shall constitute a quorum. The presiding officer: presides at the hearing; declares a quorum of the Hearing Board present or not present, may rule on motions, require briefs and issue such orders as will ensure the orderly conduct of the proceedings; provided, however, any presiding officer shall not enter a dispositive order of the case unless expressly authorized in writing by a majority of the Board participating in the hearing to so do. 2. All objections must be made in a timely manner and stated on the record. 3. Parties have the right to participate and to be represented by counsel in all hearings or pre-hearing conferences related to their case. 4. Subject to terms and conditions prescribed by the Administrative Procedure Act, parties have the right to introduce evidence on issues of material fact, cross-examine witnesses as necessary for a full and true disclosure of the facts, present evidence in rebuttal, and, upon request by the Hearing Board or the presiding officer, may submit briefs and...