Ark. Code Ann. § 25-15-211 (2026)
Administrative adjudication — Licenses — Definition
- When the grant, denial, or renewal of a license is required by law to be preceded by notice and an opportunity for hearing, the provisions of this subchapter concerning cases of adjudication apply.
- When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license shall not expire until the application has been finally determined by the agency and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order, or a later date fixed by order of the reviewing court.
- No revocation, suspension, annulment, or withdrawal of any license is lawful unless the agency gives notice by mail to the licensee of facts or conduct warranting the intended action and unless the licensee is given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined.
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- A complaint filed by an offender with a state licensing board or state licensing agency against a licensee of the board or agency shall not be heard by the board or agency unless the complaint is accompanied by appropriately verified documentation showing that the offender has exhausted all administrative remedies under the Division of Correction grievance procedure.
- For purposes of this section, “offender” means any person sentenced to the Division of Correction or sentenced to the Division of Correction for judicial transfer to the Division of Community Correction or any person confined in a community correction center as a condition of probation, suspended imposition of sentence, or post prison transfer.
History. Acts 1967, No. 434, § 12; 1985, No. 139, § 2; A.S.A. 1947, § 5-712; Acts 1997, No. 937, § 1; 2019, No. 910, § 1022.
Amendments. The 2019 amendment substituted “Division of Correction” for “Department of Correction” in (d)(1) and twice in (d)(2); and substituted “Division of Community Correction” for “Department of Community Correction” in (d)(2).
Case Notes
Applicability.
The discretionary authority for an adjudicatory or administrative hearing contained in former § 23-32-1203(e) precludes the application of § 25-15-208(a)(3) by virtue of this section. 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).
Advertising Sign Permits.
Decision of state highway commission to cancel permits and cut down outdoor advertising signs could only be carried out after an adjudication requiring a notice and hearing since order deprived the sign owner of his property without due process. Ark. State Hwy. Comm'n v. White Adv. Int'l, 273 Ark. 364, 620 S.W.2d 280 (1981).
License Restrictions.
Medical board had authority to temporarily restrict physician's prescribing practices as a condition to granting continuance of hearing on malpractice charges. Ark. State Medical Bd. v. Leonard, 267 Ark. 61, 590 S.W.2d 849 (1979).
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).
Cited: Fowler v. Ark. Real Estate Comm'n, 258 Ark. 292, 524 S.W.2d 230 (1975); Brown v. Ark. State Heating, Ventilation, Air Conditioning & Refrigeration Licensing Bd., 336 Ark. 34, 984 S.W.2d 402 (1999).