Ark. Code Ann. § 26-57-223 (2020)
Permits — Suspension or revocation
History. Acts 1977, No. 546, §§ 25, 30; A.S.A. 1947, §§ 84-4525, 84-4530; Acts 1997, No. 1337, § 14; 2001, No. 965, § 1; 2009, No. 785, § 14; 2015, No. 1235, § 6; 2019, No. 1071, § 13.
Amendments. The 2009 amendment, in (a), substituted “Director of Arkansas Tobacco Control” for “Director of the Arkansas Tobacco Control Board,” and substituted “rules” for “regulations.”
The 2015 amendment added “subject to an appeal hearing at the next regularly scheduled Arkansas Tobacco Control Board meeting” in (a); and rewrote (b).
The 2019 amendment deleted “and licenses” following “Permits” in the section heading; in (a), deleted “and licenses” following “permits”, and substituted “a hearing before the” for “an appeal hearing at the next regularly scheduled” and inserted “at the next regularly scheduled board”; and in (b), deleted “or licenses” following “permits”, inserted “or pleads guilty or nolo contendere to”, and substituted “subject to a hearing before the board at the next regularly scheduled board meeting” for “with the revocation being subject to an appeal to the board”.
Case Notes
Proceedings.
Even though the director for the Arkansas Tobacco Control Board sent the tobacco company an offer of settlement “recommending” a $500 fine for the tobacco company which gave unlawful rebates to retailers, and the company accepted the offer, the defense of agency estoppel was not preserved, and because the evidence established that the company had paid rebates to at least 28 Arkansas retail establishments, it was not arbitrary or capricious for the Board to reject the “recommendation” and impose a $28,000 fine, and suspension of the company's permit for six months. H.T. Hackney Co. v. Davis, 353 Ark. 797, 120 S.W.3d 79 (2003).