Arkansas Code Title 17. Professions, Occupations, and Businesses § 17-89-310. Complaints against provider--Hearings

(a)(1) Any person may file a complaint with the Arkansas Board of Dispensing Opticians against any person providing ophthalmic dispensing services to the public or having a certificate of licensure or registry to practice ophthalmic dispensing in this state charging the person with having violated the provisions of this chapter.

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

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

(b)(1) At the time and place fixed for hearing before the board, the board shall receive evidence upon the complaint under consideration and shall accord the person against whom charges have been made 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, provided that all oral testimony by the board must be taken under oath.

(3) All hearings 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 a full, fair, and impartial hearing.

(5) The board may administer oaths and issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records, papers, or documents pertinent to any matters coming before the board.