Arkansas Code Annotated

Ark. Code Ann. § 25-15-208 (2026)

Administrative adjudication — Procedures generally

✓ current as of May 2026

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In every case of adjudication:
1. All parties shall be afforded an opportunity for hearing after reasonable notice;
2. The notice shall include:
  1. A statement of the time, place, and nature of the hearing;
  2. A statement of the legal authority and jurisdiction under which the hearing is to be held; and
  3. A short and plain statement of the matters of fact and law asserted;
3. In every case of adjudication wherein an agency seeks to revoke, suspend, or otherwise sanction a license or permit holder, the agency or its attorney, upon the request of the license or permit holder, must provide the following information prior to conducting a hearing of adjudication:
  1. The names and addresses of persons whom the agency intends to call as witnesses at any hearing;
  2. Any written or recorded statements and the substance of any oral statements made by the license or permit holder, or a copy of the same;
  3. Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations, scientific tests, experiments, or comparisons, or copies of the same;
  4. Any books, papers, documents, photographs, or tangible objects which the agency intends to use in any hearing or which were obtained from or belong to the license or permit holder, or copies of the same;
  5. Disclosure shall not be required of research or records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the attorney for the agency or members of his or her staff or other state agents;
4. Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved;
5. The record shall include:
  1. All pleadings, motions, and intermediate rulings;
  2. Evidence received or considered, including, on request of any party, a transcript of oral proceedings or any part thereof;
  3. A statement of matters officially noticed;
  4. Offers of proof, objections, and rulings thereon;
  5. Proposed findings and exceptions thereto; and
  6. All staff memoranda or data submitted to the hearing officer or members of an agency in connection with their consideration of the case;
6. Findings of fact shall be based exclusively on the evidence and on matters officially noticed;
7. 1. If the agency is authorized by law to issue subpoenas for the attendance and testimony of witnesses and the production of documents or things, then any party shall to the same extent be so authorized, and the agency shall issue a subpoena forthwith on written application thereof.
  2. A subpoena may be served in the manner as now provided for by statute or rule for the service of subpoenas in civil cases or by any form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or agent of the addressee.
Nothing in this subchapter shall prohibit informal disposition by stipulation, settlement, consent order, or default.

History. Acts 1967, No. 434, § 8; A.S.A. 1947, § 5-708; Acts 1993, No. 1083, § 1; 2011, No. 717, § 1.

Amendments. The 2011 amendment added the (a)(7)(A) designation and (a)(7)(B).

Research References

Ark. L. Notes.

Watkins, Using the Freedom of Information Act as a Discovery Device, 1994 Ark. L. Notes 59.

Case Notes

Applicability.

The discretionary authority for an adjudicatory or administrative hearing contained in former § 23-32-1203(e) precludes the application of subdivision (a)(3) of this section by virtue of § 25-15-211. Simply stated, in this situation the Administrative Procedure Act does not apply to the activities of the state bank commissioner. First Nat'l Bank v. Arkansas State Bank Comm'r, 301 Ark. 1, 781 S.W.2d 744 (1989).

Notice.

Revocation of an insurance license was upheld because hearing notice sent by the Arkansas Insurance Department provided sufficient warnings of the allegations against a title insurance company owner; a detailed description of the precise instances of misconduct was not required. The notice plainly charged the owner with diverting or misappropriating escrow funds, and it reasonably informed the owner of the type of violations that were later cited in the Department's order as a basis for revocation. Dyer v. Ark. Ins. Dep't, 2015 Ark. App. 446, 468 S.W.3d 303 (2015).

Subpoena.

In a case involving the revocation of an insurance license, even though challenged documents likely contained hearsay, the rules of evidence are relaxed in an administrative proceeding; moreover, the owner had the ability to subpoena witnesses to call the document preparers himself, or he could have asked for a continuance or a rehearing. Therefore, the administrative refusal to exclude the evidence outright was upheld. Dyer v. Ark. Ins. Dep't, 2015 Ark. App. 446, 468 S.W.3d 303 (2015).

Cited: Franklin v. Arkansas Dep't of Human Servs., 319 Ark. 468, 892 S.W.2d 262 (1995); Brown v. Ark. State Heating, Ventilation, Air Conditioning & Refrigeration Licensing Bd., 336 Ark. 34, 984 S.W.2d 402 (1999); Holloway v. State Bd. of Architects, 79 Ark. App. 200, 86 S.W.3d 391 (2002); Nash v. Ark. Elevator Safety Bd., 370 Ark. 345, 259 S.W.3d 421 (2007); Gilmore v. Ark. Bd. of Registration for Prof'l Eng'rs & Land Surveyors, 2011 Ark. App. 139, 381 S.W.3d 860 (2011).

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1989–2025 · leading case: First Nat'l Bank v. Arkansas State Bank Comm'r, 781 S.W.2d 744 (Ark. 1989).

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First Nat'l Bank v. Arkansas State Bank Comm'r, 781 S.W.2d 744 (Ark. 1989). · cites it 8× “Finally, FNB argues that section 25-15-208(a)(3) of the Administrative Procedure Act, providing that in "every case of adjudication.”

City of Benton v. Arkansas Soil & Water Conservation Comm'n, 45 S.W.3d 805 (Ark. 2001). · cites it 4× “Ark. Code Ann. § 25-15-208 (Repl. 1996). Parties have the right to conduct cross-examination, or file an affidavit of personal bias or disqualification of an allegedly biased presiding officer.”

Franklin v. Arkansas Dep't of Human Servs., 892 S.W.2d 262 (Ark. 1995). · cites it 4× “On appeal to this court, appellant argues these failures violated her right to due process of law, and her rights under Ark. Code Ann. § 25-15-208 (a) to an administrative hearing after reasonable notice, and under 42 C.”

Nash v. Arkansas Elevator Saf. Bd., 259 S.W.3d 421 (Ark. 2007). · cites it 4× “Nash and his counsel attended the meeting and were given a copy of the report, and no prior request was made under Ark. Code Ann. § 25-15-208 (a)(3). Nash requested an additional hearing, which was granted, and the next hearing was held on November 3, 2004.”

Brown v. Arkansas State Heating, Ventilation, Air Conditioning & Refrigeration (HVACR) Licensing Bd., 984 S.W.2d 402 (Ark. 1999). “§§ 25-15-208(a), 25-15-210(c), and 25-15-211(c) (Repl.”

Bailey v. Arkansas State Bd. of Collection Agencies, 283 S.W.3d 206 (Ark. 2008). · cites it 2× “2d 262 (1995) (declining to review appellant’s arguments that she was denied due process and her right to a hearing under Ark. Code Ann. § 25-15-208 where such arguments were not made to the administrative tribunal); Wright v.”

Lamar Outdoor Advert. v. Arkansas High. & Transp. Dep't, 184 S.W.3d 461 (Ark. Ct. App. 2004). · cites it 4× “2d 262 (1995) (declining to review appellant's arguments that she was denied due process and her right to a hearing under Ark.Code Ann. § 25-15-208 where such arguments were not made to the administrative tribunal); Wright v.”

Dyer v. Arkansas Ins. Dep't, 2015 Ark. App. 446 (Ark. Ct. App. 2015). · cites it 4× “Ark.Code Ann. § 25-15-208(a)(2)(C) (Repl.”

Gildehaus v. Arkansas Alcoholic Beverage Control Bd., 2016 Ark. 414 (Ark. 2016). · cites it 2× “The Board correctly notes that, procedurally, it could not have revoked Jaiheson’s license at the September 2014 hearing even if there had been grounds to do so because Jameson was not a party to that proceeding, and she had received no notice that her permit was subject to…”

In re Gilmore v. Arkansas Bd. of Reg., 381 S.W.3d 860 (Ark. Ct. App. 2011). · cites it 2× “” Ark.Code Ann. § 25-15-208 (Repl.2002). Tina Watkins, who served as the hearing officer at the 2008 hearing, repeatedly admonished the Board members not to consider any evidence outside the record, including Gilmore’s falsely alleged probation, and her admonishments were echoed…”

Charity Tarr, Aprn-Cnp, Dnp v. Arkansas State Bd. of Nursing, 2025 Ark. App. 195 (Ark. Ct. App. 2025). · cites it 2× “” Pursuant to Arkansas Code Annotated section 25-15-211(c), however, “[n]o .”

Holloway v. Arkansas State Bd. of Architects, 86 S.W.3d 391 (Ark. Ct. App. 2002). · cites it 2× “See Ark. Code Ann. §§ 25-15-208 (a)(6), 25-15-212(g) (Repl.”

Show all 13 citing cases →

— Ark. Code Ann. § 25-15-208(a) — 2 cases

Franklin v. Arkansas Dep't of Human Servs., 892 S.W.2d 262 (Ark. 1995). “On appeal to this court, appellant argues these failures violated her right to due process of law, and her rights under Ark. Code Ann. § 25-15-208 (a) to an administrative hearing after reasonable notice, and under 42 C.”

Brown v. Arkansas State Heating, Ventilation, Air Conditioning & Refrigeration (HVACR) Licensing Bd., 984 S.W.2d 402 (Ark. 1999). “§§ 25-15-208(a), 25-15-210(c), and 25-15-211(c) (Repl.”

— Ark. Code Ann. § 25-15-208(a)(1) — 1 case

Charity Tarr, Aprn-Cnp, Dnp v. Arkansas State Bd. of Nursing, 2025 Ark. App. 195 (Ark. Ct. App. 2025). “” Pursuant to Arkansas Code Annotated section 25-15-211(c), however, “[n]o .”

— Ark. Code Ann. § 25-15-208(a)(2)(C) — 1 case

Dyer v. Arkansas Ins. Dep't, 2015 Ark. App. 446 (Ark. Ct. App. 2015). “Ark.Code Ann. § 25-15-208(a)(2)(C) (Repl.”

— Ark. Code Ann. § 25-15-208(a)(3) — 1 case

First Nat'l Bank v. Arkansas State Bank Comm'r, 781 S.W.2d 744 (Ark. 1989). “Finally, FNB argues that section 25-15-208(a)(3) of the Administrative Procedure Act, providing that in "every case of adjudication.”

— Ark. Code Ann. § 25-15-208(a)(7)(A) — 1 case

Dyer v. Arkansas Ins. Dep't, 2015 Ark. App. 446 (Ark. Ct. App. 2015). “Ark.Code Ann. § 25-15-208(a)(2)(C) (Repl.”

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