Arkansas Administrative Code › Agency 240 - DEPARTMENT OF HEALTH/DIVISION OF HEALTH RELATED BOARDS AND COMMISSIONS › Division 01 - State Board of Examiners of Alcoholism and Drug Abuse Counselors › Rule 240.01.22-001 - Rules Governing Alcoholism and Drug Abuse Counselors

Current through Register Vol. 49, No. 6, June, 2024
ARKANSAS BOARD OF EXAMINERS FOR ALCOHOLISM AND DRUG ABUSE
	 COUNSELORS
RULE 4
RULES GOVERNING ALCOHOLISM AND DRUG ABUSE
	 COUNSELORS
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.
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 supervised work experience in the 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 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. 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 can be
  accessed through the SBEADAC website.
(12) The Applicant must remit the appropriate
  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.
E.
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. 17-3-102(a)
  or (e), 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.
ACT 725 of 2021 - WORKFORCE EXPANSION ACT
A. The Board shall waive the initial
  licensing fee if the applicant:
1. Is
  receiving assistance through the Arkansas Medicaid Program; the Supplemental
  Nutrition Assistance Program; the Special Supplemental Nutrition Program for
  Women, Infants, and Children; the Temporary Assistance for Needy Families
  Program; or the Lifeline Assistance Program;
2. Was approved for unemployment within the
  last twelve (12) months; or
3. Has
  an income that does not exceed two hundred percent (200%) of the federal
  poverty income guidelines.
G.
ACT 746 of 2021 - WORK PERMIT
A. The Board shall grant a license to an
  applicant who fulfills the Arkansas requirements for licensure and is a person
  who holds a Federal Form I-766 United States Citizenship and Immigration
  Services-issued Employment Authorization Document, known popularly as a "work
  permit."
H.
ACT
  135 of 2021 - UNIFORMED SERVICE MEMBERS
A. As used in this subsection, "uniformed
  service veteran" means a former member of the United States Uniformed Services
  discharged under circumstances other than dishonorable.
B. The Board shall grant automatic licensure
  to an individual who is the holder in good standing of a license with a similar
  scope of practice issued by another state, territory, or district of the U.S.
  and is:
1. A uniformed service member
  stationed in the State of Arkansas;
2. A uniformed service veteran who resides in
  or establishes residency in the State of Arkansas; or
3. The spouse of:
a. A person under B (1) or (2)
  above.
b. A uniformed service
  member who is assigned a tour of duty that excludes the uniformed service
  member's spouse from accompanying the uniformed service member and the spouse
  relocates to this state; or
c. A
  uniformed service member who is killed or succumbs to his or her injuries or
  illness in the line of duty if the spouse establishes
d. residency in the state.
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 license with a similar scope of practice in another state;
  and
3. Evidence that the applicant
  is a qualified applicant under Section B.
D. The expiration date of a license for a
  deployed uniform service member or spouse will be extended for one hundred and
  eighty (180) days following the date of the uniformed service member's return
  from deployment.
E. A
  (full/partial) exemption from continuing education requirements will be allowed
  for a deployed uniform service member or spouse until one hundred and eighty
  (180) days following the date of the uniformed service member's return from
  deployment.
I.
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. §171-108 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. §17-1108.
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
.
J.
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 are 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.
K.
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. In addition, licensees may fulfill one (1) hour of
	 continuing education credit with the performance of eight (8) hours of
	 volunteer services performed pursuant to Ark Code Ann. §
											20-8-804.
	 However, licensees shall not obtain more than thirty-two (32) hours of credits
	 in this manner.
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.
L.
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.
M.
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 i. 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 has 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.
N.
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.
O.
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.