Current through Register Vol. 49, No. 9, September, 2024
I.
STATEMENT OF ORGANIZATION AND
OPERATIONS
Under enactment by the 82nd General Assembly of the State of
Arkansas, 1999, the State Board of Examiners of Alcoholism and Drug Abuse
Counselors (SBEADAC) was created and charged to provide for the licensure and
registration of Alcoholism and Drug Abuse Counselors; and for other
purposes.
II.
MISSION
STATEMENT
The mission of the State Board of Examiners of Alcoholism and
Drug Abuse Counselors is to protect the public by upholding the standards of
practice for alcoholism and drug abuse counselors.
III.
GENERAL ORGANIZATION OF THE STATE
BOARD OF EXAMINERS OF ALCOHOL AND DRUG ABUSE COUNSELORS
(1)
OFFICERS
The officers of the agency will be Chairperson, Vice
Chairperson, and Secretary/Treasurer. Election of officers will be held
annually. These officers shall perform the duties prescribed by applicable law,
this rule, and the parliamentary authority adopted by the agency.
(2)
PUBLIC MEETINGS
The business of the agency will be conducted in public meetings
pursuant to Robert's Rules of Order. All meetings will be conducted in
conformity with the Arkansas Freedom of Information Act. Regular meetings will
be held at the discretion of the Board. Special meetings will be held on the
call of the Chair or upon the written request of five (5) members of the
Board.
(3)
QUORUM
Seven members of the Board shall constitute a quorum.
(4)
COMMITTEES
The Board may create standing and ad hoc committees. The Board
Chairman will select members of committees. A quorum for the transaction of
committee business is a majority of the number of voting members of the
committee.
(5)
AGENDA
The Board Administrator will prepare the agenda for regular and
special meetings. The agenda will be distributed to Board members.
The order of the agenda items is intended to be flexible and
may be adjusted to meet the needs of the Board. Additionally, the agenda may be
amended by appropriate motion.
IV.
RULE MAKING
(1)
AUTHORITY
The SBEADAC has been authorized by the Legislature to
promulgate rules. Ark. Code Ann. §
17-27-406. The SBEADAC follows the
procedural requirements of the Arkansas Administrative Procedure Act, in
particular Ark. Code Ann. §
25-15-203 and §
25-15-204. Additionally, the
agency is required to abide by the provisions of Ark. Code Ann. §
10-3-309.
(2)
INITIATION OF RULE-MAKING
The process of adopting a new rule or amending or repealing an
existing rule (hereinafter referred to as "rule-making") may be initiated by
the SBEADAC. Third persons outside the agency may petition for the issuance,
amendment, or repeal of any rule.
(3)
PETITION TO INITIATE
RULE-MAKING
Third parties may initiate rule-making to adopt, amend, or
repeal a rule by filing a petition with the agency to initiate rule-making. The
petition must contain the name, address, and telephone number of the
petitioner, the specific rule or action requested the reasons for the rule or
action requested.
The petition to initiate rule-making shall be filed with the
SBEADAC.
Within thirty (30) days after submission of the petition, the
agency will either deny the petition, stating its reasons in writing, or will
initiate rule-making. A special meeting will be called if necessary to meet
this time frame
V.
EMERGENCY RULE-MAKING
A. REQUEST FOR EMERGENCY RULE-MAKING
The proponent of a rule may request that SBEADAC adopt an
emergency rule. In addition to the text of the proposed rule or amendment to an
existing rule and any other information required by SBEADAC, the proponent will
provide a written statement setting out the facts or circumstances that would
support a finding of imminent peril to the public health, safety, or
welfare.
B. FINDING OF AN
EMERGENCY
Upon receipt of the written statement requesting an emergency
rule-making and documents or other evidence submitted in support of the
assertion that an emergency exists, the agency will make an independent
judgment as to whether the circumstances and facts constitute an imminent peril
to the public health, safety, or welfare requiring adoption of the rule upon
fewer than thirty (30) days" notice. If the SBEADAC determines that the
circumstances warrant emergency rule-making, it will make a written
determination that sets out the reasons for the agency's finding that an
emergency exists. Upon making this finding, the agency may proceed to adopt the
rule without prior notice or hearing, or it may determine to provide an
abbreviated notice and hearing.
C. EFFECTIVE DATE OF EMERGENCY RULE
The emergency rule will be effective immediately upon filing,
or at a stated time less than thirty (30) days thereafter, if the agency finds
that this effective date is necessary because of imminent peril to the public
health, safety, or welfare. The SBEADAC will file with the rule its written
findings justifying the determination that emergency rule-making is appropriate
and, if applicable, the basis for the effective date of the emergency rule
being less than thirty (30) days after the filing of the rule pursuant to Ark.
Code Ann. § 25-15- 204(e). The SBEADAC will take appropriate measures to
make emergency rules known to persons who may be affected by them.
VI.
LICENSURE
INFORMATION
A. GENERAL
All SBEADAC action regarding licensure shall be governed by
Ark. Code Ann. § 17- 27-401 et seq.
B. REQUIREMENT TO KEEP CURRENT ADDRESSES ON
FILE
All persons holding a license or permit issued by the SBEADAC
are required to provide the agency with information so that the agency can
remain in contact and provide notice of complaints and/or hearings. The
licensee or permit holder is required to provide written notice to the board of
any change in business and/or residence address within ten (10) working days of
the change. Service of notices of hearing sent by certified mail will be
addressed to the latest address on file with the agency.
C. LEVELS OF LICENSURE
A two-tier licensure system is currently available. The most
significant difference in level of licensure relates to the level of
education:
(1)
Licensed
Alcoholism and Drug Abuse Counselor (LADAC) - holds a master's degree in
the health or behavioral sciences field or other appropriate field from an
accredited college or university;
(2)
Licensed Associate Alcoholism and
Drug Abuse Counselor (LAADAC) - holds a baccalaureate degree in the
health or behavioral sciences field or other appropriate field from an
accredited college or university;
All applications are reviewed by the Credentialing Committee
and presented to the Board for approval at the next regularly scheduled meeting
following receipt of all required documents.
D.
QUALIFICATIONS AND STANDARDS FOR
REGISTERED CLINICAL SUPERVIORS
To qualify as a registered clinical supervisor, a counselor
must:
(1) Be a licensed Alcoholism and
Drug Abuse Counselor (LADAC) in good standing;
(a) Possess three (3) years" experience
providing clinical supervision in a treatment setting that provides addiction
counseling;
(b) Complete six (6)
hours of targeted training in each of the following six (6) domains of clinical
supervision as specified by The International Certification & Reciprocity
Consortium/Alcohol and Other Drug Abuse, Inc. (ICRC/AODA):
a. Domain 1. "Counselor
Development"
b. Domain 2.
"Professional and Ethical Standards"
c. Domain 3. "Program Development and Quality
Assurance"
d. Domain 4.
"Performance Evaluation"
e. Domain
5. "Administration"
f. Domain 6.
"Treatment Knowledge", and
(c) Counselor must pass CS (Clinical
Supervision) exam.
(d) Furnish
documentation of the above qualifications to the Board.
(2) Upon successful completion of the above
requirements the applicant will be granted the title of "Registered Clinical
Supervisor".
(3) Each Registered
Clinical Supervisor must complete six (6) hours of clinical supervision
training during each two (2) year licensing cycle in order to maintain their
Registered Clinical Supervisor status.
E.
APPLYING FOR LICENSURE
All applications for licensure must be post marked to: AR Dept.
of Health, SBEADAC, 4815 W. Markham Street, Box 42A, Little Rock, AR 72205.
Hand delivered application packets will not be accepted.
The following are the requirements for licensure and the
required documentation that must be submitted to the Credentialing Committee of
the Arkansas State Board of Examiners of Alcoholism and Drug Abuse
Counselors:
(1) The Applicant must be
twenty-one (21) years of age or older.
(2) Applicant must submit either a copy of a
valid driver's license or a copy of a birth certificate.
(3) The Applicant must hold a (1) masters"
degree or higher; (2) a baccalaureate degree.
The Applicant must submit an official transcript, which must be
mailed directly from the college or university to : AR Dept. of Health,
SBEADAC, 4815 W. Markham, Box 42A, Little Rock, AR 72205.
(4) The applicant must verify three (3) years
of clinically supervised work experience in field of Substance Abuse and Mental
Health.
(a) The applicant may be able to use
internship, practicum or volunteer experience hours. To meet this experience
requirement, applicant must be able to show work experience in a facility that
is licensed and/or accredited as a substance use disorder (SUD) treatment
program or work under the supervision of a clinical supervisor with credential
specific to SUD treatment.
(b)
Applicant must be in the practice of SUD treatment in all or part of the 12
months preceding application or, at minimum, an applicant not in SUD practice
in the 12 months preceding application will be required to complete six (6)
hours of professional ethics training.
The Board may require additional training hours.
(c) All documentation and work
experience submitted with application will be reviewed by the Board for
consistency with SBEADAC requirements for licensure. If you cannot meet all
these requirements, you will need to make application for licensure at the
SBEADAC website:
www.sbeadac.org.(5) The Applicant must
successfully complete a minimum of two hundred seventy (270) clock hours of
approved education. Approved education must be directly related to alcoholism
and/or drug abuse counseling subjects, theory, practice, or research.
All education hours are subject to review and approval by the
SBEADAC Credentialing Committee.
(6) The Applicant must submit a completed
registration application form,
which shall be provided by the SBEADAC. The registration
application form can be accessed through the SBEADAC website at
www.sbeadac.org.
(7) The applicant shall submit a notarized
'statement of Agreement" that certifies under penalty of perjury, that all
education and experience requirements have been met. It is strongly recommended
that both the applicant and approved supervisor maintain detailed record of
supervision topics, timeline, and job duties for the required minimum period of
three (3) years. The BEADAC reserves the right to call for such record as
needed for confirmation or in matters of dispute. The 'statement of Agreement"
can be accessed through the SBEADAC website at
www.sbeadac.org.(8) The Applicant must submit a signed
written agreement to abide by the "Code of Ethics". The Code of Ethics and a
verification page can be accessed through the SBEADAC website at
www.sbeadac.org.(9) The Applicant must submit three (3)
letters of reference.
(10) The
applicant must submit a 'supervision Verification" form provided by the
SBEADAC. Detailed supervision record (see 7 above) to be maintained by
applicant and supervisor and made available to the Board when requested must
include supervisor's observation of applicant's ethical demonstration of the 12
Core Functions in a SUD or Co-occurring Disorder treatment program. Minimum 300
hours must be in direct clinical supervision. The 'supervision Verification"
form can be accessed through the SBEADAC website.
(11) The applicant must submit a 'supervised
Work Experience" form provided by the SBEADAC. Detailed work experience that
includes specific duties performed under each "Job Title" must be kept by
applicant and supervisor (see 7 above) ready for submission when requested by
the Board. The 'supervised Work Experience" form and a list of Registered
Supervisors can be accessed through the SBEADAC website.
(12) The Applicant must remit the appropriate
examination fee of $265.00 for an LADAC or $215 for an LAADAC. The check or
Money order shall be made payable to SBEADAC.
(13) The Applicant must pass a national
qualifying written examination prescribed by The SBEADAC, sufficient to ensure
professional competence in keeping with the highest standards of the alcoholism
and drug abuse counseling profession.
F.
PRE-LICENSURE CRIMINAL BACKGROUND
CHECK(a) Pursuant to Act 990 of 2019,
an individual may petition for a pre-licensure determination of whether the
individual's criminal record will disqualify the individual from licensure and
whether a waiver may be obtained.
(b) The individual must obtain the
pre-licensure criminal background check petition from the Board.
(c) The Board will respond with a decision in
writing to a completed petition within a reasonable time.
(d) The Board's response will state the
reason(s) for the decision.
(e) All
decisions of the Board in response to the petition will be determined by the
information provided by the individual.
(f) Any decision made by the Board in
response to a pre-licensure criminal background check petition is not subject
to appeal.
(g) The Board will
retain a copy of the petition and response and it will be reviewed during the
formal application process.
WAIVER REQUEST
A. If an individual has been convicted of an
offense listed in A.C.A.
17-2-102(a),
except those permanently disqualifying offenses found in subsection, the Board
may waive disqualification of a potential applicant or revocation of a license
based on the conviction if a request for a waiver is made by:
(1) An affected applicant for a license;
or
(2) An individual holding a
license subject to revocation.
B. The Board may grant a waiver upon
consideration of the following, without limitation:
(1) The age at which the offense was
committed;
(2) The circumstances
surrounding the offense;
(3) The
length of time since the offense was committed;
(4) Subsequent work history since the offense
was committed;
(5) Employment
references since the offense was committed;
(6) Character references since the offense
was committed;
(7) Relevance of the
offense to the occupational license; and
(8) Other evidence demonstrating that
licensure of the applicant does not pose a threat to the health or safety of
the public.
C. A request
for a waiver, if made by an applicant, must be in writing and accompany the
completed application and fees.
D.
The Board will respond with a decision in writing and will state the reasons
for the decision.
E. An appeal of a
determination under this section will be subject to the Administrative
Procedures Act
25-15-201
et
seq.
F. Automatic
Licensure for Military Under Act 820
(a) As
used in this subsection, "returning military veteran" means a former member of
the United States Armed Forces who was discharged from active duty under
circumstances other than dishonorable.
(b) The Board shall grant automatic licensure
to an individual who holds a substantially equivalent license in another U.S.
jurisdiction and is:
1. An active duty
military service member stationed in the State of Arkansas;
2. A returning military veteran applying for
licensure within one (1) year of his or her discharge from active duty;
or
3. The spouse of a person under
B (1) or (2) above.
(c)
The Board shall grant such automatic licensure upon receipt of all the below:
1. Payment of the initial licensure
fee;
2. Evidence that the
individual holds a substantially equivalent license in another state;
and
3. Evidence that the applicant
is a qualified applicant under Section B.
G.
RECIPROCITY UNDER ACTS
426/1011
Legislative
Intent
(a)
(1)
It is the intent of the General Assembly to ensure that an individual
may be credentialed to work in Arkansas if he or she generally
demonstrates the skills and ethics required by state law based on the
individual's experience and credentials in another state.
(2)
It is not the intent of the
General Assembly to cause the licensing entity to engage in simple comparisons
of the required hours of training and other personal qualifications under
Arkansas's occupational licensing statutes with those qualifications required
in the state where the individual is credentialed.
Reciprocity under Act 1011 to be codified as A.C.A
§
17-1-108(c),
(d)(1)(A)
Reciprocity
A. Required Qualifications. An applicant
applying for reciprocal licensure shall meet the following requirements:
1. The applicant shall hold a substantially
similar license in another United States" jurisdiction.
a. A license from another state is
substantially similar to an Arkansas LADAC OR LAADAC license, if the other
state's licensure qualifications require:
i.
For a licensed alcoholism and drug abuse counselor holds a master's degree in
the health or behavioral sciences field or other appropriate field from an
accredited college or university;
ii. For a licensed associate alcoholism and
drug abuse counselor holds a baccalaureate degree in the health or behavioral
services field or other appropriate field from an accredited college or
university.
b. The
applicant shall hold his or her occupational licensure in good
standing;
c. The applicant shall
not have had a license revoked for:
i. An act
of bad faith; or
ii. A violation of
law, rule, or ethics;
d. The applicant shall not hold a suspended
or probationary license in a United States" jurisdiction;
2. The applicant shall be sufficiently
competent in the field of substance use disorder.
3. Applicant must provide identification
consisting of:
a. Valid driver's license
or
b. Birth certificate
B. Required
documentation. An applicant shall submit a fully-executed application, the
required fee, and the documentation described below.
1. As evidence that the applicant's license
from another jurisdiction is substantially similar to Arkansas's, the applicant
shall submit the following information:
a.
Evidence of current and active licensure in that state. The Board may verify
this information online if the jurisdiction at issue provides primary source
verification on its website or by telephone to the other state's licensing
board; and
b. Evidence that the
other state's licensure requirements match those listed in A.1.a.i. The Board
may verify this information online or by telephone to the other state's
licensing board.
2. To
demonstrate that the applicant meets the requirement in A.1.b. through d., the
applicant shall provide the Board with:
a. The
names of all states in which the applicant is currently licensed or has been
previously licensed;
b. Letters of
good standing or other information from each state in which the applicant is
currently or has ever been licensed showing that the applicant has not had his
license revoked for the reasons listed in A.1.c. and does not hold a license on
suspended or probationary status as described in A.1.d. The Board may verify
this information online if the jurisdiction at issue provides primary source
verification on its website or by telephone to the other state's licensing
board.
3. As evidence
that the applicant is sufficiently competent in the field of substance use
disorder treatment, an applicant shall:
a.
Provide proof of having taken and passed a nationally qualifying written
examination;
b. Submit three
letters of recommendation from professional sources; and
c. Provide an unopened college transcript to
the Board at time of application.
Temporary and Provisional License
A. The Board shall issue a temporary and
provisional license immediately upon receipt of the application, the required
fee, and the documentation required under B.1.a. and b.
B. The temporary and provisional license
shall be effective until the Board makes a decision on the application, unless
the Board determines that the applicant does not meet the requirements in
sections A.1. and A.2., in which case the temporary and provisional license
shall be immediately revoked.
C. An
applicant may provide the rest of the documentation required above in order to
receive a license, or the applicant may only provide the information necessary
for the issuance of a temporary and provisional license.
License for person from a state that does not
license profession. Act 1011 to be codified as
A.C.A §
17-1-108(d)(2)
A. Required
Qualifications. An applicant from a state that does not license alcohol and
drug abuse counselors shall meet the following requirements:
1. The applicant shall be sufficiently
competent in the field of substance use disorder treatment; and
2. Provide an unopened college transcript to
the Board at time of application.
B. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the documentation
described below.
1. As evidence that the
applicant is sufficiently competent in the field of substance use disorder
treatment, an applicant shall:
a. Provide
proof of having taken and passed a nationally qualifying written examination.
b. Submit three letters of
recommendation from professional sources.
c. Provide an unopened college transcript to
the Board at time of application.
Reciprocity and state-specific education.
Act 1011 to be codified as A.C.A. §
17-1-108(d)(3)
A. The Board shall
require an applicant to have a Master's degree in the health or behavioral
science field or other appropriate field from an accredited college or
university for an LADAC or Bachelor's degree in the health or behavioral
science field or other appropriate field from an accredited college or
university for an LAADAC if the applicant is licensed in another state that
does not offer reciprocity to Arkansas residents that is similar to reciprocity
to out-of-state applicants in A.C.A. §
17-1-108.
B. Reciprocity in another state will be
considered similar to reciprocity under A.C.A. §
17-1-108 if the reciprocity
provisions in the other state:
1. Provide the
least restrictive path to licensure for Arkansas applicants;
2. Does not require Arkansas applicants to
participate in the apprenticeship, education, or training required as a
prerequisite to licensure of a new professional in that state, except that the
state may require Arkansas applicants to participate in continuing education or
training that is required for all professionals in that state to maintain
licensure.
3. Does not require
Arkansas applicants to take a state-specified education unless required under
the same conditions described in A.C.A. §
17-1-108.
All documentation and work experience submitted with
application will be reviewed by the Board for consistency with SBEADAC
requirements for licensure. If you cannot meet all of these requirements, you
will need to make application for licensure at the SBEADAC website:
www.sbeadac.org.
I.
APPLYING FOR RE-LICENSURE
Counselors applying for re-licensure must submit the following
in one packet addressed to: AR Department of Health, SBEADAC, 4815 W. Markham,
Box 42A, Little Rock, AR 72205.
(i)
The Counselor shall submit the biennial renewal fee and the Licensure Renewal
Form.
The biennial renewal fees shall be as
follows:
|
License
|
Date submitted by:
|
Amount
|
License
|
Date submitted by:
|
Amount
|
|
LADAC
|
Dec. 31
|
$250
|
LAADAC
|
Dec. 31
|
$200
|
|
Jan. 31
|
$300
|
|
Jan. 31
|
$250
|
|
Feb. 29
|
$350
|
|
Feb. 29
|
$300
|
|
Mar. 31
|
$400
|
|
Mar. 31
|
$350
|
|
April 30
|
$450
|
|
April 30
|
$400
|
To avoid possible delays in processing your license, it
is preferable that all renewal material and fees be submitted by November 1 of
the year prior to the renewal year.
(ii) The Counselor shall submit the
Continuing Education Documentation Form, which shall be provided by SBEADAC. A
copy of the Continuing Education Documentation Form can be accessed at
www.sbeadac.org. See section VII. below
for continuing education requirements for re-licensure.
(1) The Counselor shall submit the Contact
Information Form, which shall be provided by the SBEADAC. A copy of the Contact
Information Form can be accessed at
www.sbeadac.org.(2) Failure to pay the biennial renewal fee
within the time stated shall automatically suspend the right of any licensee to
practice while delinquent.
(3) If
all licensure renewal materials and fees are not submitted by December 31 of
the year prior to the year for which the license is being renewed, the
Counselor's license expires, effective December 31 of that year. Unless your
license is renewed by December 31, the Counselor's license will automatically
be suspended until all delinquent materials aareatraare submitted and approved
by the Board. If your license is not are submitted and approved by the Board.
If your license is not reinstated within four (4) months, you must apply as a
new applicant.
(iii) A
Counselor who practices while his or her license is suspended is in violation
of Act 443 of 2009.
G.
CONTINUING EDUCATION
The State Board of Examiners of Alcoholism and Drug Abuse
Counselors require that during the two year licensure cycle, a Counselor obtain
forty (40) hours of continuing education.
No license shall be renewed unless the renewal application is
accompanied by evidence satisfactory to the Board of completion during the
previous twenty-four (24) months of relevant professional or continuing
education experience. Of the forty (40) hours required, a minimum of twenty
(20) hours must be specific to addiction counseling or co-occurring disorders.
No more than fifty percent (50%) of the total requisite hours may be obtained
through online courses.
The following is a list of approved sponsors for continuing
education which will be accepted by the SBEADAC:
a. Arkansas Substance Abuse Certification
Board (ASACB)
b. Arkansas
Association of Alcoholism and Drug Abuse Counselors (AAADAC)
c. The University of Arkansas at Little Rock
MidSOUTH Summer School (MSSS) and MidSOUTH Addiction Training Network
(MSATN)
d. Arkansas Mental Health
Conference
e. Veterans
Administration
f. National
Association of Alcoholism and Drug Abuse Counselors (NAADAC)
g. National Board for Certified Counselors
(NBCC)
h. National Association of
Social Workers (NASW)
i. American
Psychological Association (APA)
All other continuing education courses not sponsored by the
above would require prior approval by the SBEADAC. The burden of proof for
validating the quality/quantity of education hours would be shared by the
Counselor and the education services provider.
H.
ADJUDICATIVE HEARINGS
(1) SCOPE OF THIS CHAPTER
This chapter applies in all administrative adjudications
conducted by the SBEADAC. This procedure is developed to provide a process by
which the agency formulates orders (for example, an order revoking a license to
practice).
(2) AUTHORITY OF
THE BOARD
The SBEADAC may deny, revoke, or suspend any license,
registration, or certificate upon proof that the person has willfully or
repeatedly violated any of the provisions of Ark. Code Ann. §
17-27-401
et seq.
or any rule or regulation promulgated by the SBEADAC or upon proof that a
person has practiced outside the scope of practice for which he or she is
licensed or certified under this subchapter.
(3) APPEARANCES
1. Any party appearing in any agency
proceeding has the right, at his or her own expense, to be represented by
counsel.
2. The respondent may
appear in his or her own behalf.
3.
Any attorney representing a party to an adjudicatory proceeding must file
notice of appearance as soon as possible.
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.
(4) 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.
(5) SERVICE OF
PAPERS
Unless the presiding officer otherwise orders, every pleading
and every other paper filed for the proceeding shall be served on each party or
the party's representative at the last address of record.
(6) INITIATION AND NOTICE OF HEARING
1. An administrative adjudication is
initiated by the issuance by the SBEADAC of 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 SBEADAC.
3. Notice will be mailed at least thirty (30)
days before the scheduled hearing.
4. The notice will include:
i. A statement of the time, place, and nature
of the hearing;
ii. A statement of
the legal authority and jurisdiction under which the hearing is being held;
and
iii. A short and plain
statement of the matters of fact and law asserted.
(7)
PROCEEDINGS
The person charged may appear in person or by counsel, testify,
produce evidence and witnesses on his or her behalf, cross examine witnesses,
and is entitled on application to the SBEADAC to the issuance of subpoenas to
compel the attendance of witnesses and the production of documentary
evidence.
(8) SUBPOENAS
a. At the request of any party, the agency
shall issue subpoenas for the attendance of witnesses at the hearing. The
requesting party shall specify whether the witness is also requested to bring
documents and reasonably identify said documents.
b. A subpoena may be served by any person
specified by law to serve process or by any person who is not a party and who
is eighteen (18) years of age or older. Delivering a copy to the person named
in the subpoena shall make service. Proof of service may be made by affidavit
of the person making service. The party seeking the subpoena shall have the
burden of obtaining service of the process and shall be charged with the
responsibility of tendering appropriate mileage fees and witness fees pursuant
to Rule 45 of the Arkansas Rules of Civil Procedure. The witness must be served
at least two days prior to the hearing. For good cause shown, the SBEADAC may
authorize the subpoena to be served less than two days before the
hearing.
c. Any motion to quash or
limit the subpoena shall be filed with the agency and shall state the grounds
relief upon.
d. The Board may
invoke the aid of the circuit court for the county in which the hearing is held
to enforce compliance with its subpoena.
(9) CONTINUANCES
The SBEADAC Chair may grant a continuance of hearing for good
cause shown. Requests for continuances will be made in writing. In determining
whether to grant a continuance, the SBEADAC Chair 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, the parties, or witnesses;
h. The time limits of the request;
and
i. Other relevant
factors.
j. The SBEADAC Chair may
require documentation of any grounds for continuance.
(10) DEFAULT
If a party fails to appear or participate in an administrative
adjudication after proper service of notice, the SBEADAC may proceed with the
hearing and render a decision in the absence of the party.
(11) FINAL ORDER
The SBEADAC will serve on the respondent a written order that
reflects the action taken by the agency. The order will include a recitation of
facts found based on testimony and other evidence presented and reasonable
inferences derived from the evidence pertinent to issues of the case. It will
also state conclusions of law and directives or other disposition entered
against or in favor of the respondent.
I.
ACTIONS TAKEN UPON LICENSE
(1) DENIAL OF LICENSE
1. If a preliminary determination is made
that an application should be denied, the SBEADAC will inform the applicant of
the opportunity for a hearing on the application.
2. The grounds or basis for the proposed
denial of a license will be set forth in writing by the Board. Any hearing on
the denial of a license will be conducted in accordance with Ark. Code Ann.
§
25-15-208 and Ark. Code Ann.
§
25-15-213.
(2) SUSPENSION, REVOCATION, ANNULMENT OR
WITHDRAWAL
a. Prior to the entry of a final
order to suspend, revoke, annul, or withdraw a license, or to impose other
sanctions upon a licensee, the Board will serve the licensee a notice of
hearing in the manner set forth herein above and in Ark. Code Ann. §
25-15-208.
b. The Board has the burden of proving the
alleged facts and violations of law stated in the notice.
(3) EMERGENCY ACTION
a. If the agency finds that the public
health, safety, or welfare imperatively requires emergency action and
incorporates that finding in its order, the Board can summarily suspend, limit,
or restrict a license. The notice requirement in (b)(1) will not prevent a
hearing at the earliest time practicable.
b. An emergency order must contain findings
that the public health, safety, and welfare imperatively require emergency
action to be taken by the Board. The written order must include notification of
the Notice of Hearing, which contains the date on which the Board proceedings
are scheduled for completion.
c.
The written emergency order will be immediately delivered to persons who are
required to comply with the order. One or more of the following procedures will
be used:
i. Personal delivery;
ii. Certified mail, return receipt requested,
to the last address on file with the agency;
iii. First class mail to the last address on
file with the Board;
iv. Fax may be
used as the sole method of delivery if the person required to comply with the
order has filed a written request that Board orders be sent by fax and has
provided a fax number for that purpose;
v. Unless the written emergency order is
served by personal delivery on the same day that the order issues, the Board
shall make reasonable immediate efforts to contact by telephone the persons who
are required to comply with the order.
vi. Unless otherwise provided by law, within
ten (10) days after emergency action taken pursuant to paragraph IX.3. of this
rule, the SBEADAC must initiate a formal suspension or revocation proceeding.
(4) VOLUNTARY
SURRENDER OF LICENSE
The licensee, in lieu of formal disciplinary proceedings, may
offer to surrender his or her license, subject to the Board's determination to
accept the proffered surrender, rather than conducting a formal disciplinary
proceeding.
(5) DUTY OF
SANCTIONED PROFESSIONAL
In every case in which a license is revoked, suspended, or
surrendered, within thirty (30) days, the licensee shall:
1. Return his or her license and any license
pocket cards to the Board office;
2. Notify all of his or her clients in
writing that his or her license has been revoked, suspended, or
surrendered;
3. Notify all clients
to make arrangements for other professional services, calling attention to any
urgency in seeking the substitution of another licensed professional;
4. Deliver to all clients any papers or
property to which they are entitled, or notify the client of a suitable time
and place where the papers and other property may be obtained, calling
attention to any urgency for obtaining the papers or other property;
5. Refund any part of the fees paid in
advance that have not been earned;
6. Keep and maintain a record of the steps
taken to accomplish the foregoing;
7. File with the Board a list of all other
state, federal, and administrative jurisdictions by which he or she is
licensed. Upon such filing, the Board will notify those entitled of the
revocation, suspension, or surrender; and
8. The professional shall, within thirty (30)
days of revocation, suspension, or surrender of the license, file an affidavit
with the agency that he or she has fully complied with the provisions of the
order and completely performed the foregoing or provide a full explanation of
the reasons for his or her non-compliance. Such affidavit shall also set forth
the address where communications may thereafter be directed to the
respondent.
J.
REINSTATEMENT AFTER SUSPENSION
(1) An order suspending a license may provide
that a person desiring reinstatement may file with the Chair of the SBEADAC a
verified petition requesting reinstatement.
(2) The petition for reinstatement must set
out the following:
a. That the individual has
fully and promptly complied with the requirements of section IX.5. of these
rules pertaining to the duty of a sanctioned professional;
b. That the individual has refrained from
practicing in this profession during the period of suspension;
c. That the individual's license fee is
current or has been tendered to the SBEADAC;
d. That the individual has fully complied
with any requirements imposed as conditions for reinstatement.
e. Any knowing misstatement of fact may
constitute grounds for denial or revocation of reinstatement.
f. Failure to comply with the provisions of
sections IX.5. of this Rule precludes consideration for
reinstatement.
g. No individual
will be reinstated unless the SBEADAC approves reinstatement by majority vote.
K.
RE-LICENSURE FOR REVOKED OR SURRENDERED LICENSE
(1) No individual who has had his or her
license revoked or who has surrendered his or her license will be licensed,
except on petition made to the SBEADAC.
(2) The applicant bears the burden of proof
that he is rehabilitated following the revocation or surrender of his license,
that he can engage in the conduct authorized by the license without undue risk
to the public health, safety, and welfare and that he is otherwise qualified
for the license pursuant to Ark. Code Ann. §
17-27-401
et seq.
a. The agency may impose any appropriate
conditions or limitations on a license to protect the public health, safety,
and welfare.
b. The person seeking
re-licensure must pass a national qualifying written examination prescribed by
the SBEADAC, sufficient to ensure professional competence in keeping with the
highest standards of the alcoholism and drug abuse counseling
profession.
