Arkansas Administrative Code

17 CAR § 70-303. Quorum. (a) Five (5) members of the Arkansas Board of Dispensing Opticians shall constitute a quorum for the transaction of business. (b) All official action of the board must be approved by the majority vote of the members present and voting except where a two-t…

17 CAR § 70-304. Agenda. (a) The Secretary-Treasurer of the Arkansas Board of Dispensing Opticians will prepare the agenda for regular and special meetings. (b) The agenda will be distributed to Arkansas Board of Dispensing Opticians members and made available to the public in ad…

17 CAR § 70-305. Amendments to rules. All requirements of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., shall be complied with prior to the final adoption of an amendment to this part.

17 CAR § 70-306. Fiscal year of the board. The fiscal year of the Arkansas Board of Dispensing Opticians shall be from July 1 to June 30.

17 CAR § 70-307. Book of licensure and book of registry. (a) The Secretary-Treasurer of the Arkansas Board of Dispensing Opticians shall maintain an annually updated book of licensure and a book of registry of all opticians licensed or registered to engage in the business of opht…

17 CAR § 70-308. Annual report. The Secretary-Treasurer of the Arkansas Board of Dispensing Opticians shall prepare and present an annual report of administration, licensure, registry, and investigation to the State Board of Optometry and to the Ophthalmology Section of the Arkan…

17 CAR § 70-309. Financial affairs. The current rules of the Department of Finance and Administration shall be followed in the financial affairs of the Arkansas Board of Dispensing Opticians.

17 CAR § 70-310. Compensation. Arkansas Board of Dispensing Opticians members shall be compensated pursuant to Arkansas Code § 25-16-903.

17 CAR § 70-401. Initiation of rulemaking. (a) The process of adopting a new rule or amending or repealing an existing rule (hereinafter referred to as “rulemaking”) may be initiated by request of the Arkansas Board of Dispensing Opticians that the staff submit proposed drafts. (…

17 CAR § 70-402. Petition to initiate rulemaking. (a)(1) Third parties may initiate rulemaking to adopt, amend, or repeal a rule by filing a petition with the Arkansas Board of Dispensing Opticians to initiate rulemaking. (2) The petition must contain: (A) The name, address, and …

17 CAR § 70-403. Prefiling with the Bureau of Legislative Research. Thirty (30) days before the public comment period ends, the Arkansas Board of Dispensing Opticians will file with the Bureau of Legislative Research the text of the proposed rule or amendment as well as a financi…

17 CAR § 70-404. Public input. (a)(1) Before finalizing language of a proposed new rule or an amendment to, or repeal of, an existing rule, the Arkansas Board of Dispensing Opticians will receive public input through written comments and/or oral submissions. (2) The board will de…

17 CAR § 70-405. Notice of rulemaking. (a) The Arkansas Board of Dispensing Opticians will give notice of proposed rulemaking to be published pursuant to Arkansas Code § 25-15-204. (b) The notice will: (1) Set any written comment period; and (2) Specify the time, date, and place …

17 CAR § 70-406. Decision to adopt a rule. (a) The Arkansas Board of Dispensing Opticians will not finalize language of the rule or decide whether to adopt a rule until the period of public comment has expired. (b) Before acting on a proposed rule, the board will consider: (1) Al…

17 CAR § 70-407. Variance between adopted rule and published notice of proposed rule. (a) The Arkansas Board of Dispensing Opticians may not adopt a rule that differs from the rule proposed in the published notice of the intended rulemaking on which the rule is based unless the: …

17 CAR § 70-408. Concise statement of reasons. (a)(1) When requested by an interested person, either prior to the adoption of a rule or within thirty (30) days after its adoption, the Arkansas Board of Dispensing Opticians shall issue a concise statement of the principal reasons …

17 CAR § 70-409. Contents. (a) The Arkansas Board of Dispensing Opticians shall cause its rules to be published and made available to interested persons. (b) The publication must include: (1) The text of the rule; (2) A note containing the following: (A) The date or dates the boa…

17 CAR § 70-410. Format. The published rules of the Arkansas Board of Dispensing Opticians will be organized substantially in the following format: (1) Statement of organization and operations; (2) Information for public guidance; (3) General organization; (4) Rulemaking; (5) Eme…

17 CAR § 70-411. Incorporated by reference. (a) By reference in a rule, the Arkansas Board of Dispensing Opticians may incorporate all or any part of a code, standard, rule, or other matter if the Arkansas Board of Dispensing Opticians finds that copying the matter in the Arkansa…

17 CAR § 70-412. Filing. (a) After the Arkansas Board of Dispensing Opticians formally adopts a new rule or amends a current rule or repeals an existing rule, and after the rule change has been reviewed by the Legislative Council, the staff will file final copies of the rule with…

17 CAR § 70-501. Request for emergency rulemaking. (a) The proponent of a rule may request the Arkansas Board of Dispensing Opticians to adopt an emergency rule. (b) In addition to the text of the proposed rule or amendment to an existing rule and any other information required b…

17 CAR § 70-502. Finding of an emergency. (a) Upon receipt of the written statement requesting an emergency rulemaking and documents or other evidence submitted in support of the assertion that an emergency exists, the Arkansas Board of Dispensing Opticians will make an independe…

17 CAR § 70-503. Effective date of emergency rule. (a) The emergency rule will be effective immediately upon filing, or at a stated time less than ten (10) days thereafter, if the Arkansas Board of Dispensing Opticians finds that this effective date is necessary because of immine…

17 CAR § 70-601. Purpose and use. (a) A declaratory order is a means of resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the Arkansas Board of Dispensing Opticians has authority. (b) A petit…

17 CAR § 70-602. Petition. The process to obtain a declaratory order is begun by filing with the Arkansas Board of Dispensing Opticians a petition that provides the following information: (1) The caption shall read: “Petition for Declaratory Order before the Arkansas Board of Dis…

17 CAR § 70-603. Board disposition. (a)(1) The Arkansas Board of Dispensing Opticians may hold a hearing to consider a petition for declaratory statement. (2) If a hearing is held, it shall be conducted in accordance with: (A) Arkansas Code §§ 25-15-208 and 25-15-213; and (B) The…

17 CAR § 70-701. Scope. (a) This subpart applies in all administrative adjudications conducted by the Arkansas Board of Dispensing Opticians. (b) This procedure is developed to provide a process by which the board formulates orders (for example, an order revoking a license to pra…

17 CAR § 70-702. Presiding officer. The Arkansas Board of Dispensing Opticians shall preside at the hearing or may designate one (1) or more members of the board or one (1) or more examiners, referees, or hearing officers to preside at a hearing.

17 CAR § 70-703. Appearances. (a) Any party appearing in any Arkansas Board of Dispensing Opticians proceeding has the right, at his or her own expense, to be represented by counsel. (b) The respondent may appear on his or her own behalf. (c) Any attorney representing a party to …

17 CAR § 70-704. 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 woul…

17 CAR § 70-705. Notice to interested parties. If it appears that the determination of the rights of parties in a proceeding will necessarily involve a determination of the substantial interests of persons who are not parties, the presiding officer may enter an order requiring th…

17 CAR § 70-706. Service of papers. Unless the presiding officer otherwise orders, every pleading and every other paper filed for the proceeding, except applications for witness subpoenas and the subpoenas, shall be served on each party or the party’s representative at the last a…

17 CAR § 70-707. Initiation and notice of hearing. (a) An administrative adjudication is initiated by the issuance by the Arkansas Board of Dispensing Opticians of a notice of hearing. (b)(1) The notice of hearing will be sent to the respondent by United States mail, return recei…

17 CAR § 70-708. Motions. (a) All requests for relief will be by motion. (b) Motions must be in writing or made on the record during a hearing. (c) A motion must fully state the action requested and the grounds relied upon. (d) The original written motion will be filed with the A…

17 CAR § 70-709. Answer. A respondent may file an answer.

17 CAR § 70-710. Discovery. (a) Upon written request, the Arkansas Board of Dispensing Opticians will provide the information designated in Arkansas Code § 25-15-208(a)(3). (b) Such requests should be received by the board at least ten (10) days before the scheduled hearing.…

17 CAR § 70-711. Continuances. (a)(1) The Complaint Committee may grant a continuance of hearing for good cause shown. (2) Requests for continuances will be made in writing. (3) The request must: (A) State the grounds to be considered; and (B) Be made as soon as practicable and, …

17 CAR § 70-712. Hearing procedures. (a)(1) The presiding officer presides at the hearing and may rule on motions, require briefs, and issue such orders as will ensure the orderly conduct of the proceedings. (2) Provided, however, any presiding officer other than the Arkansas Boa…

17 CAR § 70-713. Order of proceedings. The presiding officer will conduct the hearing in the following manner: (1) The presiding officer will give an opening statement, briefly describing the nature of the proceedings; (2) The parties are to be given the opportunity to present op…

17 CAR § 70-714. Evidence. (a) The presiding officer shall rule on the admissibility of evidence and may, when appropriate, take official notice of facts in accordance with all applicable requirements of law. (b)(1) Stipulation of facts is encouraged. (2) The Arkansas Board of Di…

17 CAR § 70-715. Default. If a party fails to appear or participate in an administrative adjudication after proper service of notice, the Arkansas Board of Dispensing Opticians may proceed with the hearing and render a decision in the absence of the party.

17 CAR § 70-716. Subpoenas. (a)(1) At the request of any party, the Arkansas Board of Dispensing Opticians shall issue subpoenas for the attendance of witnesses at the hearing. (2) The requesting party shall specify whether the witness is also requested to bring documents and rea…

17 CAR § 70-717. Recording the proceedings. (a) The responsibility to record the testimony heard at a hearing is borne by the Arkansas Board of Dispensing Opticians. (b) Upon the filing of a petition for judicial review, the board will provide a verbatim transcript of testimony t…

17 CAR § 70-718. Factors to be considered in imposing sanctions. In addition to any other considerations permitted by the Ophthalmic Dispensing Act, Arkansas Code § 17-89-101 et seq., if applicable, the Arkansas Board of Dispensing Opticians in imposing any sanction may consider …

17 CAR § 70-719. Final order. (a) The Arkansas Board of Dispensing Opticians will serve on the respondent a written order that reflects the action taken by the board. (b) The order will include a recitation of facts found based on testimony and other evidence presented and reason…

17 CAR § 70-801. General. All board action regarding licensure shall be governed by the Ophthalmic Dispensing Act, Arkansas Code § 17-89-101 et seq., and, when applicable, Arkansas Code §§ 25-15-208 – 25-15-213.

17 CAR § 70-802. Requirements to keep current addresses on file. (a) All persons holding a license issued by the Arkansas Board of Dispensing Opticians are required to provide the board with information so that the board can remain in contact and provide notice of complaints and/…