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20-9-216. License — Judicial review.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-9-216. License — Judicial review.
(a) Any applicant or licensee who is dissatisfied with the decision of the State Board of Health or other body designated by the Department of Health or this subchapter as a result of the hearing provided in § 20-9-215 may appeal to the Pulaski County Circuit Court for judicial review of the decision within fifteen (15) days after receiving notice of the decision.
(b) Thereupon, the department shall promptly certify and file in court the transcript of the hearing on which the decision is based.
(c) Findings of fact by the department shall be conclusive unless contrary to law on the evidence.
(d) If necessary, the court may remand the case to the department to take further evidence, and the department may thereupon make new or modified findings of fact which shall have like weight on review.
(e) The court may affirm, modify, or reverse the decision of the department, and either the applicant or licensee or the department may appeal from the court's decision in the manner provided by law with regard to appeals from the court.
(f) Pending final disposition of the matter, the status quo of the applicant or licensee shall be preserved.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-9-216
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-9-216
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7fbc03ac3cd81881ef5cc3707b4ad0ff828dfe387bd76e8915855e3d6bb6c911
Source location: content.xml paragraph 3685
Stored source content
20-9-216. License — Judicial review.
(a) Any applicant or licensee who is dissatisfied with the decision of the State Board of Health or other body designated by the Department of Health or this subchapter as a result of the hearing provided in § 20-9-215 may appeal to the Pulaski County Circuit Court for judicial review of the decision within fifteen (15) days after receiving notice of the decision.
(b) Thereupon, the department shall promptly certify and file in court the transcript of the hearing on which the decision is based.
(c) Findings of fact by the department shall be conclusive unless contrary to law on the evidence.
(d) If necessary, the court may remand the case to the department to take further evidence, and the department may thereupon make new or modified findings of fact which shall have like weight on review.
(e) The court may affirm, modify, or reverse the decision of the department, and either the applicant or licensee or the department may appeal from the court's decision in the manner provided by law with regard to appeals from the court.
(f) Pending final disposition of the matter, the status quo of the applicant or licensee shall be preserved.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-9-215. License — Denial, suspension, and revocation.
(a) The State Board of Health is empowered to deny, suspend, or revoke licenses on any of the following grounds:
(1) Violation of any of the provisions of this subchapter or the rules lawfully promulgated under this subchapter; or
(2) Permitting, aiding, or abetting the commission of any unlawful act in connection with the operation of the institutions.
(b)(1) If the Department of Health determines to deny, suspend, or revoke a license, it shall send to the applicant or licensee, by certified mail, a notice setting forth the particular reasons for the determination.
(2) The denial, suspension, or revocation shall become final thirty (30) days after the mailing of the notice unless the applicant or licensee gives written notice within the thirty-day period of a desire for hearing.
(c) Thereupon, the applicant or licensee shall be given a fair hearing and shall have the right to present such evidence as may be proper.
(d)(1) On the basis of the evidence at the hearing, the determination involved shall be affirmed or set aside.
(2) A copy of the decision, setting forth the finding of facts and the particular grounds upon which it is based, shall be sent by certified mail to the applicant or licensee.
(3) The decision shall become final fifteen (15) days after it is mailed unless the applicant or licensee, within the fifteen-day period, appeals the decision to the court under § 20-9-216.
(e) A full and complete record of all proceedings shall be kept and all testimony shall be reported, but it need not be transcribed unless the decision is appealed pursuant to § 20-9-216 or a transcript is requested by an interested party who shall pay the cost of preparing the transcript.
(f) Witnesses may be sub
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-9-215
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-9-215. This identifies an authority to review, not proof of applicability.