§ 23-115-608. Administrative hearing

(a) A retailer may request an administrative hearing concerning the decision of the Director of the Office of the Arkansas Lottery to close the retailer’s business.

(b) Within five (5) business days after the delivery or attempted delivery of the notice required by § 23-115-607(c), the retailer may file a written protest, signed by the retailer or his or her authorized agent, with the director stating the reasons for opposing the closure of the business and requesting an administrative hearing.

(c)

1. (1) A retailer may request that an administrative hearing be held:

   1. (A) In person;

   2. (B) By telephone;

   3. (C) Upon written documents furnished by the retailer; or

   4. (D) Upon written documents and any evidence to be produced by the retailer at an administrative hearing.

2. (2) The director may determine whether an administrative hearing at which testimony is to be presented will be conducted in person or by telephone.

3. (3) A retailer who requests an administrative hearing based upon written documents is not entitled to any other administrative hearing before the rendering of the administrative decision.

(d) The administrative hearing shall be conducted by a hearing officer appointed by the director.

(e)

1. (1) The hearing officer shall:

   1. (A) Set the time and place for a hearing; and

   2. (B) Give the retailer notice of the hearing.

2. (2) At the administrative hearing, the retailer may:

   1. (A) Be represented by an authorized representative; and

   2. (B) Present evidence in support of his or her position.

(f) The administrative hearing shall be held within fourteen (14) calendar days of receipt by the director of the request for hearing.

(g) The administrative hearing and determinations made by the hearing officer under this subchapter are subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(h) The defense or defenses to the closure of a business under this subchapter are:

1. (1) Written proof that the retailer remitted the delinquent lottery proceeds due; or

2. (2) That the retailer has entered into a written payment agreement, approved by the director, to satisfy the lottery proceeds delinquency.

(i) The decision of the hearing officer shall be in writing with copies delivered to the retailer and the director by the United States Postal Service or by hand delivery.