Administrative Hearing Request Packet - Arkansas

ADMINISTRATIVE HEARING REQUEST PACKET

State of Arkansas

Agency Contested Case Hearing

SECTION 1: OVERVIEW AND LEGAL FRAMEWORK

1.1 Purpose of This Packet

This packet provides the forms and guidance necessary to request a contested case administrative hearing before an Arkansas state agency. Use this packet when you have received an adverse agency action -- such as a license denial, benefit denial, enforcement order, or penalty assessment -- and you wish to contest it through a formal hearing process.

1.2 Governing Law

The Arkansas Administrative Procedure Act (APA), Ark. Code Ann. Section 25-15-201 et seq., establishes procedures for hearings before covered agencies. Some bodies and programs have separate hearing rules; identify the governing route before using the APA provisions below.

Key provisions include:

• Section 25-15-202: Definitions, including "adjudication" -- an agency process for the formulation of an order. The section does not define "contested case."
• Section 25-15-208: Procedures generally, including notice, opportunity to respond, evidence, and the record.
• Section 25-15-209: Restricts communications by agency decision makers in adjudications.
• Section 25-15-210: Decisions and orders must be in writing with findings of fact and conclusions of law.
• Section 25-15-211: Licensing actions -- special protections for license holders.
• Section 25-15-212: Judicial review in circuit court within 30 days of final agency action.
• Section 25-15-213: Hearings generally -- protects appearance with counsel and permits agency-designated examiners or referees to preside.

1.3 Decentralized Hearing System

Important: Arkansas does not have a single centralized Office of Administrative Hearings. Contested case hearings are conducted by the individual agency that issued the adverse action, or by hearing officers designated by the agency. Some agencies have their own internal hearing divisions:

• Department of Finance and Administration (DFA): For a proposed tax assessment, the department's current taxpayer instructions direct a written petition to the Tax Appeals Commission.
• Department of Human Services (DHS): Maintains an Office of Appeals and Hearings for benefit and program disputes.
• Department of Health: Conducts hearings related to health facility licensing and provider issues.
• Professional licensing boards: Each board conducts its own hearings.

Use the filing office identified in the governing program rule and adverse-action notice. For example, an appeal under the environmental commission's Part 11 rule is filed with the commission secretary.

1.4 Federal Program Hearing Requirements

For federally funded programs (Medicaid, SNAP, TANF), federal law may impose additional hearing requirements, including specific deadlines and procedures that supplement or supersede state APA requirements. These programs often have their own hearing request forms.

SECTION 2: FILING DEADLINE WARNING

CRITICAL DEADLINE NOTICE

File within the deadline supplied by the governing statute or rule and the notice of adverse action. A late request may be dismissed; whether an extension or other relief is available depends on the particular route.

Common Arkansas filing deadlines:

ALWAYS check the notice of adverse action for the specific deadline. When in doubt, file as quickly as possible.

Special Note: Section 25-15-208 establishes notice and hearing procedures but does not create a general 60-day default deadline for requesting a hearing. Follow the deadline stated in the agency's notice and any agency-specific statute or rule; if the notice is unclear, request a hearing immediately and ask the agency to identify the governing deadline.

SECTION 3: TYPES OF ACTIONS REQUIRING A HEARING

Check all types of agency actions that apply to your situation:

☐ Professional license denial, revocation, suspension, or discipline
☐ Business permit or license denial or revocation
☐ Environmental permit denial or enforcement order (Division of Environmental Quality)
☐ Tax assessment dispute (Department of Finance and Administration)
☐ Unemployment insurance benefit denial or overpayment determination
☐ Workers' compensation dispute
☐ Public assistance benefit denial or reduction (Medicaid, SNAP, TANF)
☐ Regulatory enforcement action or civil penalty assessment
☐ Government contract debarment or suspension
☐ Child maltreatment true finding challenge
☐ Adult maltreatment true finding challenge
☐ Child care facility licensing action
☐ Health care facility licensing action (nursing homes, hospitals)
☐ Insurance company or agent licensing action
☐ Real estate licensing disciplinary action
☐ Motor vehicle dealer or title service licensing action
☐ Utility rate or service complaint (Public Service Commission)
☐ ABC permit denial or revocation (Alcoholic Beverage Control)
☐ Other: [________________________________]

SECTION 4: HEARING REQUEST FORM / PETITION

BEFORE THE [________________________________]

(Name of Arkansas State Agency)

Agency Docket/Case No.: [____] (leave blank if not yet assigned)

REQUEST FOR CONTESTED CASE HEARING

I. PETITIONER INFORMATION

Attorney Information (if represented):

II. AGENCY / RESPONDENT INFORMATION

III. AGENCY ACTION BEING CHALLENGED

Type of Action (check one):

☐ Denial of application for [________________________________]
☐ Revocation of [________________________________]
☐ Suspension of [________________________________]
☐ Imposition of fine/penalty in the amount of $[________________________________]
☐ Enforcement order requiring [________________________________]
☐ Benefit denial or reduction of [________________________________]
☐ Tax assessment/proposed assessment in the amount of $[________________________________]
☐ True finding of maltreatment
☐ Cease and desist order
☐ Other: [________________________________]

Brief Description of Agency Action:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

IV. STATUTORY BASIS FOR HEARING RIGHT

Petitioner is entitled to a contested case hearing pursuant to:

☐ Ark. Code Ann. Section 25-15-208 (APA - Procedures Generally)
☐ Ark. Code Ann. Section 25-15-211 (Licensing Actions)
☐ Agency-specific statute: [________________________________]
☐ Agency regulation/rule: [________________________________]
☐ Federal law or regulation (specify): [________________________________]
☐ Due process clause, Arkansas Constitution Art. 2, Section 8
☐ Due process clause, U.S. Constitution, Fourteenth Amendment
☐ Other: [________________________________]

V. TIMELINESS STATEMENT

The agency action or notice was received on [__/__/____]. The applicable deadline to request a hearing is [____] days after receipt, as provided by [________________________________] (cite statute, regulation, or agency notice). The filing deadline is [__/__/____]. This request is being filed on [__/__/____], which is ☐ within / ☐ outside the applicable deadline.

If filed outside the deadline, state grounds for good cause:

[________________________________]
[________________________________]
[________________________________]

VI. GROUNDS FOR CONTESTING THE AGENCY ACTION

Petitioner contests the agency action on the following grounds (check all that apply and provide specific details):

☐ The agency's factual findings are not supported by substantial evidence.
Explanation: [________________________________]
[________________________________]
[________________________________]

☐ The agency misapplied or misinterpreted the governing statute or regulation.
Cite statute/regulation: [________________________________]
Explanation: [________________________________]
[________________________________]

☐ The agency failed to follow required procedures under the APA or agency rules.
Explanation: [________________________________]
[________________________________]

☐ The agency action is arbitrary, capricious, or characterized by an abuse of discretion.
Explanation: [________________________________]
[________________________________]

☐ The agency acted beyond its jurisdiction or statutory authority.
Explanation: [________________________________]
[________________________________]

☐ The agency action violates constitutional rights (state or federal).
Explanation: [________________________________]
[________________________________]

☐ New or additional evidence exists that was not previously available or considered.
Explanation: [________________________________]
[________________________________]

☐ The penalty or sanction is excessive, disproportionate, or not authorized by law.
Explanation: [________________________________]
[________________________________]

☐ The agency action is not in accordance with law.
Explanation: [________________________________]
[________________________________]

☐ Other grounds:
[________________________________]
[________________________________]

VII. SPECIFIC RELIEF REQUESTED

Petitioner requests the following relief:

☐ Reversal of the agency action in its entirety
☐ Modification of the agency action as follows: [________________________________]
☐ Issuance of the license/permit/benefit that was denied
☐ Reinstatement of the license/permit that was revoked or suspended
☐ Reduction or elimination of the fine/penalty
☐ Rescission of the enforcement order
☐ Reversal or amendment of the maltreatment finding
☐ Remand for further agency consideration
☐ Other relief: [________________________________]

VIII. REQUEST FOR DISCOVERY

☐ Petitioner requests discovery in this matter, including:
☐ Names and addresses of witnesses the agency intends to call
☐ Written or recorded statements of witnesses
☐ Expert reports prepared for the agency
☐ Documents the agency intends to introduce at hearing
☐ All investigative reports and records
☐ Production of all documents and records relied upon by the agency
☐ Depositions of agency personnel
☐ Interrogatories directed to the agency
☐ Other: [________________________________]

Note: Under Ark. Code Ann. § 25-15-208(a)(3), when an agency seeks to revoke, suspend, or otherwise sanction a license or permit holder, the holder may request the disclosures listed in that section before the hearing. The duty arises upon the holder's request and has a stated exception for certain agency legal work product.

IX. REQUEST FOR STAY OF AGENCY ACTION

☐ Petitioner requests a stay of the agency action pending the outcome of this hearing.

Grounds for Stay:

1. Likelihood of success on the merits:
   [________________________________]
   [________________________________]

2. Irreparable harm absent a stay:
   [________________________________]
   [________________________________]

3. The stay will not substantially harm other parties or the public interest:
   [________________________________]
   [________________________________]

4. The balance of equities favors a stay:
   [________________________________]
   [________________________________]

X. HEARING PREFERENCES

Preferred hearing format:
☐ In-person hearing
☐ Telephonic hearing
☐ Video conference hearing
☐ No preference

Preferred hearing location:
☐ Little Rock
☐ Other: [________________________________]

Estimated length of hearing: [____] hours / [____] days

Number of witnesses Petitioner expects to call: [____]

Dates of unavailability in the next 120 days:
[________________________________]

Special accommodations needed:
☐ Interpreter (language: [________________________________])
☐ ADA accommodations: [________________________________]
☐ Other: [________________________________]

XI. SIGNATURE AND CERTIFICATION

I certify that the information provided in this request is true and correct to the best of my knowledge and belief. If the receiving agency requires a sworn verification, attach one in the form required by its rules.

Signature: ______________________________

Printed Name: [________________________________]

Date: [__/__/____]

Attorney Signature (if applicable): ______________________________

Attorney Printed Name: [________________________________]

Arkansas Bar No.: [____]

Date: [__/__/____]

SECTION 5: FILING CHECKLIST

Complete this checklist before submitting your hearing request:

☐ Hearing request form completed in full and signed
☐ Copy of agency notice/decision being challenged attached
☐ All referenced documents attached as exhibits
☐ Filing fee paid (if required by the specific agency)
☐ Filed within the applicable deadline per agency notice or statute
☐ Confirmed the correct filing office and address:

• Agency/Office Name: [________________________________]
• Filing Address: [________________________________]
  ☐ Filed by: ☐ Personal delivery ☐ Certified mail ☐ Regular mail ☐ Email ☐ Fax ☐ Online portal
  ☐ Copy served on agency counsel/opposing party
  ☐ Proof of service / certificate of service completed and attached
  ☐ Retained copy for personal records
  ☐ Calendar the following key dates:
  ☐ Hearing date (when scheduled)
  ☐ Prehearing conference (if scheduled)
  ☐ Disclosure deadlines (per § 25-15-208(a)(3) after the license or permit holder's request)
  ☐ Exhibit exchange deadline
  ☐ Witness list deadline
  ☐ Judicial review deadline (30 days after final agency action per Section 25-15-212)
  ☐ Verified whether the agency has its own required hearing request form
  ☐ Checked whether the DHS Office of Appeals and Hearings handles your type of case (if DHS-related)
  ☐ Checked the Tax Appeals Commission filing route for a DFA proposed assessment (if tax-related)

DHS Office of Appeals and Hearings Filing:
Arkansas Department of Human Services
Office of Appeals and Hearings
P.O. Box 1437, Slot S101
Little Rock, AR 72203-1437
Email: [email protected]

Tax Appeals Commission filing: Confirm its current filing instructions and address before submitting a proposed-assessment petition.

SECTION 6: WHAT HAPPENS AFTER FILING

6.1 Acknowledgment and Scheduling

After receiving your hearing request, the agency will:

• Acknowledge receipt and assign a case or docket number
• Review the request for timeliness and completeness
• Schedule the hearing and send notice to all parties

6.2 Notice of Hearing

Under Ark. Code Ann. Section 25-15-208, the agency must provide reasonable notice to all parties before the hearing. The notice typically includes:

• Date, time, and place of hearing
• Legal authority and jurisdiction for the hearing
• Reference to the specific statutes and rules at issue
• A short statement of the matters to be addressed
• Information about the right to counsel and the right to present evidence

6.3 Discovery and Prehearing Disclosure

Under § 25-15-208(a)(3), when the agency seeks to revoke, suspend, or otherwise sanction a license or permit holder, the holder should request the statutory disclosures before the hearing. On request, the agency must provide intended witnesses' names and addresses; the holder's written or recorded statements and substance of oral statements; case-related expert reports; and specified documents or objects it intends to use or obtained from the holder, subject to the section's exception for certain agency legal work product.

Parties should exchange this information well before the hearing date.

6.4 Prehearing Conference

The hearing officer may schedule a prehearing conference to:

• Clarify and narrow the issues
• Establish discovery and disclosure schedules
• Rule on preliminary motions
• Set deadlines for witness lists and exhibit exchanges
• Discuss settlement possibilities

6.5 The Hearing

The contested case hearing is conducted by a hearing officer, ALJ, or agency board. Key features under the Arkansas APA:

• Right to counsel: Every party has the right to appear in person or by counsel (Section 25-15-213(1))
• Evidence: Parties may present evidence and argument on all issues
• Cross-examination: Parties may cross-examine witnesses
• Burden of proof: Generally preponderance of the evidence; the agency bears the burden in enforcement actions
• Evidence rules: Agencies are not strictly bound by the Arkansas Rules of Evidence, but evidence must be relevant and reliable
• Record: The agency must maintain a complete record including testimony, exhibits, and all papers filed

6.6 Decision and Order

Under Section 25-15-210:

• The final decision must be in writing
• It must include findings of fact and conclusions of law, separately stated
• Findings of fact must be based exclusively on evidence in the record and matters officially noticed
• The decision must be served on all parties

6.7 Judicial Review

Under Section 25-15-212:

• A party aggrieved by a final agency action may seek judicial review in the circuit court of any county in which the petitioner resides or does business, or in Pulaski County Circuit Court
• The petition for review must be filed within 30 days after service of the final agency order
• The agency must transmit the administrative record within 30 days of the petition (extendable to 90 days)
• The court reviews the record and may reverse or modify if the agency action is:
• Not supported by substantial evidence
• Arbitrary, capricious, or characterized by abuse of discretion
• In violation of constitutional or statutory provisions
• In excess of the agency's statutory authority
• Made upon unlawful procedure
• Affected by other error of law

SECTION 7: HEARING PREPARATION CHECKLIST

30 Days Before Hearing

☐ Obtain and review the complete agency file and administrative record
☐ Identify all witnesses and prepare a comprehensive witness list
☐ Prepare subpoena requests for witnesses who may not attend voluntarily
☐ Request subpoenas duces tecum for documents held by third parties
☐ Organize all exhibits and prepare a numbered exhibit list
☐ If a license or permit sanction is proposed, request disclosures under § 25-15-208(a)(3) before the hearing
☐ Exchange witness lists and exhibits with opposing party per hearing officer's order
☐ Complete all outstanding discovery
☐ File any prehearing motions (motions in limine, motions to dismiss, motions to compel)
☐ Research applicable Arkansas statutes, regulations, and case law
☐ Prepare a prehearing memorandum or brief (if required or permitted)
☐ Identify and retain expert witnesses (if needed)

14 Days Before Hearing

☐ Confirm hearing date, time, and location with the agency
☐ Prepare witnesses for direct testimony and cross-examination
☐ Prepare an outline for opening statement
☐ Prepare direct examination questions for each witness
☐ Prepare cross-examination questions for opposing witnesses
☐ Organize exhibits in labeled hearing binders (original plus copies for hearing officer and opposing party)
☐ Confirm any audio/visual or technology needs
☐ Review any prehearing orders and ensure compliance

7 Days Before Hearing

☐ File final witness and exhibit lists per hearing officer's order
☐ Confirm all witness attendance
☐ Prepare closing argument outline or post-hearing brief outline
☐ Review all prehearing orders one more time
☐ Arrange travel and accommodations if hearing is outside your area
☐ Prepare a chronology of key events for reference during hearing

Day of Hearing

☐ Arrive early and check in with the hearing officer or clerk
☐ Bring all original exhibits and sufficient copies for all parties
☐ Bring copies of relevant statutes, regulations, and rules
☐ Bring notepad and pen for notes during testimony
☐ Ensure all witnesses are present and ready to testify
☐ Dress professionally and conduct yourself with decorum

SECTION 8: RIGHTS DURING THE HEARING

Under the Arkansas Administrative Procedure Act, you have the following rights in a contested case hearing:

8.1 Right to Counsel

Under Ark. Code Ann. Section 25-15-213(1), in every case of adjudication any person compelled to appear before an agency has the right to be accompanied and advised by counsel. Every party has the right to appear in person or by counsel.

8.2 Right to Present Evidence

You have the right to present documentary evidence, physical evidence, and witness testimony on all material issues. This includes the right to present expert testimony.

8.3 Right to Cross-Examine Witnesses

You have the right to cross-examine any witness presented by the agency or any other party. This is a fundamental due process right.

8.4 Right to Subpoena Witnesses and Documents

You may request the hearing officer or agency to issue subpoenas for the attendance of witnesses and for the production of documents and records.

8.5 Right to a Record

The agency must maintain a complete record of the hearing, which forms the basis for the decision and for any subsequent judicial review.

8.6 Right to an Impartial Decision-Maker

The hearing officer or presiding official must be impartial and free from bias or conflicts of interest. Ex parte communications on the merits are prohibited.

8.7 Right to Written Decision with Findings

Under Section 25-15-210, you are entitled to a written decision that includes separate findings of fact and conclusions of law, based exclusively on evidence in the record and matters officially noticed.

8.8 Right to Prehearing Disclosure (Licensing Cases)

Under § 25-15-208(a)(3), a license or permit holder facing revocation, suspension, or another sanction may request specified disclosures before the hearing; the duty is conditional on that request and has a legal work-product exception.

8.9 Right to Judicial Review

Under Section 25-15-212, you have the right to seek judicial review of the final agency decision in circuit court within 30 days.

SECTION 9: PROOF OF SERVICE

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Request for Contested Case Hearing and all attached documents upon the following party(ies) by the method indicated:

Party Served:

Name: [________________________________]
Title: [________________________________]
Agency: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Method of Service:
☐ Personal delivery
☐ Certified mail, return receipt requested (receipt no.: [________________________________])
☐ United States Mail, first class, postage prepaid
☐ Email to: [________________________________]
☐ Facsimile to: [________________________________]

Additional Party Served (if applicable):

Name: [________________________________]
Title/Firm: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Method of Service:
☐ Personal delivery
☐ Certified mail, return receipt requested (receipt no.: [________________________________])
☐ United States Mail, first class, postage prepaid
☐ Email to: [________________________________]
☐ Facsimile to: [________________________________]

Signature: ______________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 10: PRACTICE NOTES AND TIPS

10.1 Identifying the Correct Filing Office

Arkansas has no single filing office for every hearing. Identify the recipient in the governing rule and notice. Routes include:

• DHS matters: Office of Appeals and Hearings
• DFA proposed assessments: Tax Appeals Commission
• Professional licensing: The specific board that issued the action
• Environmental matters under 8 CAR pt. 11: Arkansas Pollution Control and Ecology Commission secretary
• Other agencies: Check the notice for filing instructions

10.2 Agency-Specific Forms and Procedures

Many agencies have their own hearing request forms and procedures. Always check the agency's website or contact the agency to determine whether a specific form is required.

10.3 Licensing Actions - Special Protections

Under Ark. Code Ann. § 25-15-211(c), revocation, suspension, annulment, or withdrawal of a license ordinarily requires mailed notice of the facts or conduct at issue and an opportunity for the licensee to show compliance. If the agency makes an order finding that public health, safety, or welfare imperatively requires emergency action, it may summarily suspend the license while it promptly institutes and determines further proceedings. Check any program-specific review or stay procedure before asking the agency or a court for interim relief.

10.4 Burden of Proof

In enforcement and disciplinary actions, the agency generally bears the burden of proof. In application or benefit cases, the applicant typically bears the burden of establishing eligibility or entitlement.

10.5 Evidence Standards

Arkansas administrative hearings follow relaxed evidence rules. The hearing officer may admit evidence that would not be admissible in a court proceeding, but findings of fact must be based on reliable, probative, and substantial evidence.

10.6 Preserving Issues for Judicial Review

To preserve issues for judicial review in circuit court, you must raise them during the administrative proceeding. Object on the record to evidentiary rulings and procedural issues. The circuit court reviews the administrative record -- no new evidence is considered (except in limited circumstances).

10.7 The 30-Day Judicial Review Window

After a final agency decision, you have only 30 days to file a petition for judicial review in circuit court under Section 25-15-212. This deadline is strictly enforced. You may file in the circuit court of any county where you reside or do business, or in Pulaski County.

10.8 Venue for Judicial Review

Under Section 25-15-212, judicial review may be filed in the circuit court of any county in which the petitioner resides or does business, or in Pulaski County. Pulaski County is often chosen because it is the seat of state government.

SECTION 11: KEY CONTACTS AND RESOURCES

This template is provided for informational purposes only and does not constitute legal advice. Administrative hearing procedures vary significantly by agency in Arkansas. Because there is no centralized OAH, you must confirm the specific procedures, forms, and deadlines of the agency that issued the adverse action. You must have this template reviewed and customized by a qualified attorney licensed in Arkansas before use. Filing deadlines are strictly enforced.