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23-115-608. Administrative hearing.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-115-608. Administrative hearing.
(a) A retailer may request an administrative hearing concerning the decision of the Director of the Office of the Arkansas Lottery to close the retailer's business.
(b) Within five (5) business days after the delivery or attempted delivery of the notice required by § 23-115-607(c), the retailer may file a written protest, signed by the retailer or his or her authorized agent, with the director stating the reasons for opposing the closure of the business and requesting an administrative hearing.
(c)(1) A retailer may request that an administrative hearing be held:
(A) In person;
(B) By telephone;
(C) Upon written documents furnished by the retailer; or
(D) Upon written documents and any evidence to be produced by the retailer at an administrative hearing.
(2) The director may determine whether an administrative hearing at which testimony is to be presented will be conducted in person or by telephone.
(3) A retailer who requests an administrative hearing based upon written documents is not entitled to any other administrative hearing before the rendering of the administrative decision.
(d) The administrative hearing shall be conducted by a hearing officer appointed by the director.
(e)(1) The hearing officer shall:
(A) Set the time and place for a hearing; and
(B) Give the retailer notice of the hearing.
(2) At the administrative hearing, the retailer may:
(A) Be represented by an authorized representative; and
(B) Present evidence in support of his or her position.
(f) The administrative hearing shall be held within fourteen (14) calendar days of receipt by the director of the request for hearing.
(g) The administrative hearing and determinations made by the hearing officer under this subchapter are
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-115-608
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:23-115-608
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5074999a6b71b73ab0eb0be2b006f23e4433c2e7bc8b76e9fdc532a0a856091d
Source location: content.xml paragraph 66721
Stored source content
23-115-608. Administrative hearing.
(a) A retailer may request an administrative hearing concerning the decision of the Director of the Office of the Arkansas Lottery to close the retailer's business.
(b) Within five (5) business days after the delivery or attempted delivery of the notice required by § 23-115-607(c), the retailer may file a written protest, signed by the retailer or his or her authorized agent, with the director stating the reasons for opposing the closure of the business and requesting an administrative hearing.
(c)(1) A retailer may request that an administrative hearing be held:
(A) In person;
(B) By telephone;
(C) Upon written documents furnished by the retailer; or
(D) Upon written documents and any evidence to be produced by the retailer at an administrative hearing.
(2) The director may determine whether an administrative hearing at which testimony is to be presented will be conducted in person or by telephone.
(3) A retailer who requests an administrative hearing based upon written documents is not entitled to any other administrative hearing before the rendering of the administrative decision.
(d) The administrative hearing shall be conducted by a hearing officer appointed by the director.
(e)(1) The hearing officer shall:
(A) Set the time and place for a hearing; and
(B) Give the retailer notice of the hearing.
(2) At the administrative hearing, the retailer may:
(A) Be represented by an authorized representative; and
(B) Present evidence in support of his or her position.
(f) The administrative hearing shall be held within fourteen (14) calendar days of receipt by the director of the request for hearing.
(g) The administrative hearing and determinations made by the hearing officer under this subchapter are subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(h) The defense or defenses to the closure of a business under this subchapter are:
(1) Written proof that the retailer remitted the delinquent lottery proceeds due; or
(2) That the retailer has entered into a written payment agreement, approved by the director, to satisfy the lottery proceeds delinquency.
(i) The decision of the hearing officer shall be in writing with copies delivered to the retailer and the director by the United States Postal Service or by hand delivery.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-115-607. Business closure authority — Notice.
(a) In addition to all other remedies provided by law for failure to remit lottery proceeds due the Office of the Arkansas Lottery, the Director of the Office of the Arkansas Lottery may close the business of a retailer if the retailer fails to comply with § 23-115-605(b) three (3) times within any consecutive twenty-four-month period.
(b)(1) The director shall give notice to the retailer that the third delinquency in complying with § 23-115-605(b) in any consecutive twenty-four-month period may result in the closure of the business.
(2) The notice shall be in writing and delivered to the retailer by:
(A) The United States Postal Service; or
(B) Hand delivery.
(c)(1) If the retailer has a third delinquency in complying with § 23-115-605(b) in any consecutive twenty-four-month period after the issuance of the notice provided in subsection (b) of this section and the director chooses to close the business, the director shall notify the retailer by certified mail or by hand delivery that the business will be closed within five (5) business days from the date of receipt of the notice unless the retailer avoids closure of the business under subsection (d) of this section.
(2) If the fifth day falls on a Saturday, Sunday, or legal holiday, the performance of an act to avoid closure of the business under subsection (d) of this section is timely when performed on the next succeeding business day that is not a Saturday, Sunday, or legal holiday.
(d) A retailer may avoid closure of the business by:
(1) Remitting the delinquent lottery proceeds; or
(2) Entering into a written payment agreement approved by the director to satisfy the lottery proceeds delinquency.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-115-607
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 23-115-607. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
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 25-15-201. This identifies an authority to review, not proof of applicability.