Arkansas Administrative Code › Agency 076 - Real Estate Commission › Rule 076.00.91-002 - Amendments to Rules and Regulations 127, 131, 204

Current through Register Vol. 49, No. 6, June, 2024
131. Hearings - Procedure
(a) At any and all meetings of the Commission
		  at which a hearing is to be held on any complaint previously filed, the same
		  shall be set down for a day certain by the Commission, at least 30 days prior
		  to any such hearing date.
(b) The
		  Secretary shall, at least 30 days prior to any such hearing date, send notice
		  to all persons entitled to notice thereof of the place and approximate time of
		  said hearing, a brief and concise statement of the facts forming the basis of
		  the complaint, and the provisions of the law or the rules and regulations
		  thought to be involved therein.
(c)
		  Any licensee complained against and to be heard, or any complaining witness,
		  may, by written petition, signed and dated, invoke the aid of the Commission in
		  the procurement of any witness or document he or she may desire to be present
		  and testify at such hearing, provided such petition is filed with the Secretary
		  at least 7 days prior to such hearing date. Any and all costs anticipated must
		  be deposited with the Secretary at the time of any such request.
(d) Every complaint filed with the Secretary
		  which shall be determined to have established reasonable cause to believe a
		  violation has occurred shall be given a file number by the Secretary and
		  thereafter all written documents pertaining thereto shall bear that assigned
		  file number,
(e) Bach and every
		  hearing of the Commission, after being duly called to order, shall begin with a
		  statement by the Chairman or Vice-chairman, as to the nature of the cause to be
		  heard, an inquiry of the parties present as to whether each is prepared to
		  proceed, and thereafter the cause shall proceed with the presentation of
		  evidence for and on behalf of the complainant. At the conclusion of such
		  evidence the person complained against may then proceed to introduce evidence
		  in contradiction, after which rebuttal testimony may be offered.
(f) Either oral or written argument of the
		  issues raised may be called for or dispensed with at the discretion of the
		  Commission.
(g) The Commission
		  shall file with the Secretary its findings and conclusions as to all hearings
		  and an appropriate Order shall be sent to the licensee involved.
(h) At any hearing both the respondent
		  licensee and complainant may be present in the hearing room during the entire
		  hearing and the respondent licensee shall have the right to cross examine any
		  witness and to examine any document or evidence submitted.
(i) The Commission will receive into evidence
		  all affidavits, depositions, certified copies of documents, photocopies of
		  official records and exhibits therewith introduced, together with such other
		  evidence as may be admissible by law. The Commission shall give to such
		  evidence such weight as the Commission shall determine just and
		  proper.
(j) Every pleading, motion
		  or other document, and every request to the Commission must be filed with the
		  Secretary in writing, signed, dated and in quintuplicate.
(k) No attorney shall withdraw his appearance
		  in any cause before this Commission except by leave of the Commission after
		  notice served by him on his client and counsel for the Commission,