17 CAR Part 231 — Procedure

Chapter XLI

Subchapter A

Subpart 1

17 CAR § 231-101 Rules under the practice act {#sec-17-car-231-101 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-101}

17 CAR § 23-101. Rules under the practice act.

This exposition of the Rules of Procedure, formulated under the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., does not affect a repeal of the provisions of the act or of its amendments and related laws, except insofar as these Rules of Procedure were formulated under provisions of law that specifically contravene provisions of the act, its amendments, and related laws.

17 CAR § 231-102 Notice — Hearing {#sec-17-car-231-102 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-102}

17 CAR § 23-102. Notice — Hearing.

Any such rule shall be made or amended only after a hearing upon notice, as set forth in this part.

Subpart 2

17 CAR § 231-201 Prior rules – Valid {#sec-17-car-231-201 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-201}

17 CAR § 231-201. Prior rules – Valid.

Rules of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers formulated previously are declared to be still in force until amended and certified to the Arkansas Register.

Subpart 3

17 CAR § 231-301 Petition for rule making {#sec-17-car-231-301 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-301}

17 CAR § 231-301. Petition for rule making.

(a) In any case of rule-making, every person has a right to seek action from the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in making a rule.

(b) Every person also has the right to seek to cause correction in an incorrect rule.

Subpart 4

17 CAR § 231-401 Order – Effective only in writing {#sec-17-car-231-401 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-401}

17 CAR § 231-401. Order – Effective only in writing.

An order of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall be effective only when in writing.

17 CAR § 231-402 Effective date {#sec-17-car-231-402 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-402}

17 CAR § 231-402. Effective date.

Each order shall contain an effective date and shall concisely state the following:

(1) Its intent and purpose;

(2) The grounds on which it is based; and

(3) The pertinent provision of law.

17 CAR § 231-403 Order may be effectuated {#sec-17-car-231-403 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-403}

17 CAR § 231-403. Order may be effectuated.

(a) An order may be given by service upon or delivery to the person ordered, by mail, with postage prepaid and addressed to the person at his or her principal place of business or his or her home of last address on record with the Arkansas State Board of Architects, Landscape Architects, and Interior Designers.

(b) An order also may be served by any:

(1) Officer authorized to serve legal process;

(2) Member of the board; or

(3) Employee of the board.

(c) An attempt to serve a notice to the last address of record obtained by the board office shall constitute official notice.

17 CAR § 231-404 Order formulated upon adjudication {#sec-17-car-231-404 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-404}

17 CAR § 231-404. Order formulated upon adjudication.

An order shall be formulated upon each adjudication made by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers or its hearing officer.

Subpart 5

17 CAR § 231-501 Declaratory order – Petition for {#sec-17-car-231-501 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-501}

17 CAR § 231-501. Declaratory order – Petition for.

Any person who alleges that a rule or its possible application may injure or threaten to injure one’s self, one’s business, or one’s property may file a petition for a declaratory order as to the applicability of any rule to be enforced by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers.

17 CAR § 231-502 Prompt disposition {#sec-17-car-231-502 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-502}

17 CAR § 231-502. Prompt disposition.

Such petition for a declaratory order shall be considered and a prompt disposition shall be made.

17 CAR § 231-503 Status {#sec-17-car-231-503 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-503}

17 CAR § 231-503. Status.

Declaratory orders shall have the same status as agency orders formulated upon adjudication.

Subpart 6

17 CAR § 231-601 Reasonable notice {#sec-17-car-231-601 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-601}

17 CAR § 231-601. Reasonable notice.

All parties shall be afforded an opportunity for hearing after reasonable notice.

17 CAR § 231-602 Evidence may be presented {#sec-17-car-231-602 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-602}

17 CAR § 231-602. Evidence may be presented.

The opportunity shall be afforded all people interested in the action to respond and to present evidence and argument on all issues involved.

17 CAR § 231-603 Stipulation, settlement, consent, or default not prohibited {#sec-17-car-231-603 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-603}

17 CAR § 231-603. Stipulation, settlement, consent, or default not prohibited.

Nothing in this part shall prohibit informal disposition by:

(1) Stipulation;

(2) Settlement;

(3) Consent order; or

(4) Default.

17 CAR § 231-604 Record {#sec-17-car-231-604 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-604}

17 CAR § 231-604. Record.

The record shall include the following:

(1) All pleadings, motions, and intermediate rulings;

(2) All evidence received or considered, including, on the request of any party, a transcript of all proceedings or any part thereof;

(3) A statement of matters officially noticed;

(4) Offers of proof, objections, and rulings;

(5) Proposed findings and exceptions; and

(6) All staff memoranda or data submitted to the hearing officer in connection with any staff consideration of the matter.

17 CAR § 231-605 Findings of fact {#sec-17-car-231-605 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-605}

17 CAR § 231-605. Findings of fact.

Findings of fact shall be based exclusively on the evidence received and on matters officially noticed.

Subpart 7

17 CAR § 231-701 Final decisions {#sec-17-car-231-701 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-701}

17 CAR § 231-701. Final decisions.

(a) In every case of adjudication, there shall be a final decision, or order, that shall be in writing (or stated in the record).

(b)(1) The final decision shall include findings of fact and conclusions of law, each separately stated.

(2) The findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying evidence supporting the findings.

(c) If any party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding.

17 CAR § 231-702 Service of copy — Decision {#sec-17-car-231-702 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-702}

17 CAR § 231-702. Service of copy — Decision.

Parties shall be served a copy of any decision or orders either personally or by mail.

17 CAR § 231-703 Exemption {#sec-17-car-231-703 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-703}

17 CAR § 231-703. Exemption.

Where a formal hearing before a hearing officer has been held, at which the parties were given proper notice and at which the opportunity was offered to them to be present in person and by counsel to present testimony, briefs, and argument, a proposal for decision will not be required.

Subpart 8

17 CAR § 231-801 Appointment and duties {#sec-17-car-231-801 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-801}

17 CAR § 231-801. Appointment and duties.

(a) Where convenient and appropriate, a hearing officer may be appointed to take testimony and prepare the record for the Arkansas State Board of Architects, Landscape Architects, and Interior Designers’ consideration.

(b) The hearing officer may conduct hearings at any place within the State of Arkansas.

(c) In the conduct of such hearings, the hearing officer shall preside and have the power and duties of a presiding official as set forth in 17 CAR § 231-805.

(d) The decision on the record made by the hearing officer shall be made by a majority of the members of the board.

17 CAR § 231-802 Hearing {#sec-17-car-231-802 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-802}

17 CAR § 231-802. Hearing.

In every case of adjudication, and in cases of rule-making, where rules are to be made after hearing, there shall be a hearing.

17 CAR § 231-803 Right of counsel {#sec-17-car-231-803 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-803}

17 CAR § 231-803. Right of counsel.

Any person compelled to appear before the Arkansas State Board of Architects, Landscape Architects, and Interior Designers or a hearing officer shall have the right to counsel.

17 CAR § 231-804 Impartiality {#sec-17-car-231-804 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-804}

17 CAR § 231-804. Impartiality.

(a) All members of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers present shall conduct themselves in an impartial manner, and the presiding official may withdraw if he or she deems himself or herself disqualified.

(b) Any party may file an affidavit of personal bias or disqualification, which shall be ruled upon by the board and granted if it is:

(1) Timely;

(2) Sufficient; and

(3) Filed in good faith.

17 CAR § 231-805 Power and duties of presiding official {#sec-17-car-231-805 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-805}

17 CAR § 231-805. Power and duties of presiding official.

Power and duties:

(1) Administer oaths and affirmations;

(2) Maintain order;

(3) Rule on all questions arising during the course of the hearing;

(4) Hold conferences for the settlement or simplification of the issues;

(5) Make or recommend decisions; and

(6) Regulate and guide the general course of proceedings.

17 CAR § 231-806 Burden of proof {#sec-17-car-231-806 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-806}

17 CAR § 231-806. Burden of proof.

The proponent of a rule or order shall have the burden of proof.

17 CAR § 231-807 Evidence — Excluded and admitted {#sec-17-car-231-807 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-807}

17 CAR § 231-807. Evidence — Excluded and admitted.

(a) Irrelevant, immaterial, and unduly repetitious evidence shall be excluded.

(b) Any other evidence, oral or documentary, not privileged, may be received if it is of a type commonly relied upon by reasonable, prudent individuals in the conduct of their affairs.

17 CAR § 231-808 Objections {#sec-17-car-231-808 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-808}

17 CAR § 231-808. Objections.

Objections to evidence may be made and shall be noted in the record.

17 CAR § 231-809 Evidence may be written {#sec-17-car-231-809 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-809}

17 CAR § 231-809. Evidence may be written.

When a hearing can be so expedited (and the interests of the parties will not be prejudiced), any part of the evidence may be received in written form.

17 CAR § 231-810 Cross examination {#sec-17-car-231-810 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-810}

17 CAR § 231-810. Cross examination.

Parties shall have the right to conduct cross-examination as may be required for a full, true disclosure of the facts.

17 CAR § 231-811 Official notice {#sec-17-car-231-811 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-811}

17 CAR § 231-811. Official notice.

(a) Official notice may be taken of judicially recognizable facts and of generally recognized technical or scientific facts, particularly within the specialized knowledge of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers.

(b) Parties shall be notified of material so noticed (including any staff memoranda or data).

(c) Parties shall be afforded a reasonable opportunity to show the contrary.

Subpart 9

17 CAR § 231-901 Grounds for discipline {#sec-17-car-231-901 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-901}

17 CAR § 231-901. Grounds for discipline.

The Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall have sole authority over architects, landscape architects, and registered interior designers to deny or suspend any license to practice issued by the board or applied for in accordance with the provisions of the act, or to otherwise discipline a licensee upon the following determination:

(1) That the holder of the registration or certificate of license is practicing in violation of this part or of the proper rules of the examining body governing this part;

(2) That the license or certificate has been obtained by fraud or misrepresentation, or the person named therein has obtained it by fraud or misrepresentation;

(3) That any money, except the regular fees provided for, has been paid for the license or certificate;

(4) That the holder of the license or certificate is falsely impersonating a practitioner or former practitioner of a like or different name or is practicing under an assumed or fictitious name;

(5) That the holder of the license or certificate has been found guilty of a felony;

(6) That the holder of the license or certificate has aided or abetted, in the practice of architecture or landscape architecture, any person not duly authorized to practice architecture or landscape architecture under the provisions of this part;

(7) That the holder of a license or certificate has aided or abetted, in the use of the title “registered interior designer”, any person not duly authorized to utilize the title “registered interior designer” under the provisions of this part;

(8) That the holder of the license or certificate has been guilty of fraud or deceit or of gross negligence or misconduct in the practice of architecture;

(9) That the holder of the certificate has been guilty of gross incompetence or recklessness in the designing or construction of buildings;

(10) That the holder of the license or certificate affixed, or permitted to be affixed, his or her seal or name to any plans, specifications, drawings, or related documents that were not prepared by him or her or under his or her responsible supervisory control; or

(11) That the holder of the license or certificate has been judged mentally incapable by a court of competent jurisdiction.

17 CAR § 231-902 Proceedings {#sec-17-car-231-902 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-902}

17 CAR § 231-902. Proceedings.

Proceedings shall be as follows:

(1) Opportunity for licensee or applicant to have a hearing.

(A) Every licensee or applicant for a license shall be afforded notice and an opportunity to be heard before the Arkansas State Board of Architects, Landscape Architects, and Interior Designers.

(B) The board shall have authority to take any action, the effect of which would be to:

(i) Deny permission to take an examination for licensing for which application has been duly made;

(ii) Deny a license after examination for any cause other than failure to pass an examination;

(iii) Withhold the renewal of a license for any cause;

(iv) Suspend a license; and/or

(v) Revoke a license; and

(2) Notice of action or contemplated action by the board — Requests for hearing — Notice of hearing.

(A) When the board contemplates taking any action of a type specified in subdivisions (1)(B)(i) and (ii) of this section, it shall give written notice to the applicant, including a statement:

(i) That the applicant has failed to satisfy the board with his or her qualifications to be examined or to be licensed, as the case may be;

(ii) Indicating in what respects the applicant has failed to satisfy the board; and

(iii)(a) That the applicant may secure a hearing before the board by depositing in the mail within twenty (20) days after service of said notice, a registered letter addressed to the board containing a request for a hearing.

(b) In any proceedings of the board involving the denial of a duly made application to take an examination or refusal to issue a license after an applicant has taken and passed an examination, the burden of satisfying the board of the applicant’s qualifications shall be upon the applicant.

(B) When the board contemplates taking any action of a type specified in subdivisions (1)(B)(iii) – (v) of this section, it shall give written notice to the licensee that contains a statement indicating:

(i) The general nature of the evidence and detailed allegations of the violations with which the licensee is charged; and

(ii) That a hearing will be held on a certain date, no sooner than twenty (20) days after the mailing of the notice and that, at that hearing, the board will receive evidence.

(C)(i) When the board shall summarily suspend a license pending a hearing as authorized in subdivision (2) of this section, it shall give written notice of the general nature of the evidence and detailed allegations of the violations with which the licensee is charged.

(ii) The notice will contain a statement:

(a) That the board has sufficient evidence that, if not rebutted or explained, will justify revocation of the license by the board;

(b) That indicates the general nature of the evidence against the licensee;

(c) That, based on the evidence indicated, the board has determined that the continuation of practice of the occupation or profession of the licensee will cause an immediate hazard to the public and has, therefore, suspended the license of the licensee, effective as of the date that such notice is served; and

(d) That the board will then set an immediate hearing for a full evidentiary presentation by the licensee and the board.

(D) In any hearing before the board involving the suspension or revocation of a license, the burden shall be on the board to present sufficient evidence to justify the action taken or proposed by the board.

17 CAR § 231-903 Method of serving notice of hearing {#sec-17-car-231-903 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-903}

17 CAR § 231-903. Method of serving notice of hearing.

(a) Any notice required by 17 CAR § 231-902(2) may be served either personally or by an officer authorized by law to serve process, or by registered mail or certified mail, with return receipt requested, directed to the licensee or applicant at his or her last known address, as shown by the records of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers.

(b) If notice is served personally, it shall be deemed to have been served at the time when the officer delivers the notice to the person addressed.

(c) Where notice is served by registered mail, it shall be deemed to have been served on the date borne by the return receipt, showing delivery of the notice to the addressee or refusal of the addressee to accept the notice.

(d) An attempt to serve notice at the last address of record shall constitute official notice.

17 CAR § 231-904 Venue of hearing {#sec-17-car-231-904 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-904}

17 CAR § 231-904. Venue of hearing.

(a) Arkansas State Board of Architects, Landscape Architects, and Interior Designers hearings held under the provisions of this part shall be conducted at the board office or elsewhere in Pulaski County.

(b) The hearings may be held anywhere within Arkansas if the person whose license is involved and the board agree that the hearing should be held at some place outside Pulaski County.

17 CAR § 231-905 Hearings public — Use of hearing office {#sec-17-car-231-905 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-905}

17 CAR § 231-905. Hearings public — Use of hearing office.

(a) All hearings under this subpart shall be open to the public.

(b) At all such hearings, at least a quorum of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall be present to hear and determine the matter.

17 CAR § 231-906 Rights of person entitled to hearing {#sec-17-car-231-906 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-906}

17 CAR § 231-906. Rights of person entitled to hearing.

A person entitled to be heard pursuant to this section shall have the right to:

(1) Be represented by counsel;

(2) Present all relevant evidence by means of witnesses and books, papers, and documents;

(3) Examine all opposing witnesses on any matter relevant to the issues;

(4) Have subpoenas and subpoenas duces tecum issued to compel the attendance of witnesses and the production of relevant books, papers, and documents upon making written request thereof to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers; and

(5) Have a transcript of the hearing made at his or her own expense.

17 CAR § 231-907 Powers of the board in connection with hearing {#sec-17-car-231-907 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-907}

17 CAR § 231-907. Powers of the board in connection with hearing.

In connection with any hearing held pursuant to the provisions of this section, the Arkansas State Board of Architects, Landscape Architects, and Interior Designers or its hearing officer shall have the power to:

(1) Have counsel to develop the case;

(2) Administer oaths to develop the case;

(3) Take testimony;

(4) Examine witnesses;

(5) Have a transcript of the hearing made at the expense of the board; and

(6) Direct a continuance of any case.

17 CAR § 231-908 Rules of evidence {#sec-17-car-231-908 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-908}

17 CAR § 231-908. Rules of evidence.

(a) In proceedings held pursuant to this part, the Arkansas State Board of Architects, Landscape Architects, and Interior Designers may admit any evidence and may give probative effect to evidence that is of a kind commonly relied on by reasonably prudent people in the conduct of serious affairs.

(b) The board may, at their discretion, exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.

17 CAR § 231-909 Fees – Witnesses {#sec-17-car-231-909 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-909}

17 CAR § 231-909. Fees – Witnesses.

Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a circuit court.

17 CAR § 231-910 Manner and time of rendering a decision {#sec-17-car-231-910 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-910}

17 CAR § 231-910. Manner and time of rendering a decision.

(a) Within a reasonable time after the decision is rendered, the Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall serve to the person whose license is involved a written copy of the decision, either personally or by registered mail.

(b) If the decision is sent by registered mail, it shall be deemed to have been served on the date borne on the return receipt.

17 CAR § 231-911 Service of written decision {#sec-17-car-231-911 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-911}

17 CAR § 231-911. Service of written decision.

(a) Within a reasonable time after the decision is rendered, the Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall serve to the person whose license is involved a written copy of the decision, either personally or by registered mail.

(b) If the decision is sent by registered mail, it shall be deemed to have been served on the date borne on the return receipt.

17 CAR § 231-912 Contents of decision {#sec-17-car-231-912 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-912}

17 CAR § 231-912. Contents of decision.

Contents include the following:

(1) Findings of fact made by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers;

(2) Conclusions of law reached by the board;

(3) The order of the board based upon these findings of fact and conclusions of law; and

(4) A statement informing the person whose license is involved of his or her right to request a judicial review and the time within which such a request must be made.

17 CAR § 231-913 Judicial review {#sec-17-car-231-913 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-913}

17 CAR § 231-913. Judicial review.

Judicial review of proceedings under this part shall be governed by the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., or other applicable law.

Subpart 10

17 CAR § 231-1001 Service {#sec-17-car-231-1001 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-1001}

17 CAR § 231-1001. Service.

Service shall be had by serving a copy of the petition upon the Arkansas State Board of Architects, Landscape Architects, and Interior Designers and all other parties of record either by personal service or by mail.

Subpart 11

17 CAR § 231-1101 Civil action {#sec-17-car-231-1101 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-1101}

17 CAR § 231-1101. Civil action.

The Arkansas State Board of Architects, Landscape Architects, and Interior Designers may institute a civil suit or other legal proceedings that may be required for enforcement of any provisions of Arkansas Code § 17-15-101, et seq., § 17-35-101 et seq., or § 17-36-101 et seq., as amended, and related acts.

17 CAR § 231-1102 Criminal action {#sec-17-car-231-1102 omnilex-key=us-ar-regs-official--title-17-part-231--17 CAR § 231-1102}

17 CAR § 231-1102. Criminal action.

If the Arkansas State Board of Architects, Landscape Architects, and Interior Designers has reason to believe that any person has violated any provisions of the act, as amended, or related acts for which criminal prosecution would be in order, it shall so inform the prosecuting attorney in whose district any such purported violation may have occurred.