§ 15-75-321 - Suspension of certificate of competency -- Revocation of permit or certificate.
               	 		
15-75-321.    Suspension of certificate of competency -- Revocation of permit or certificate.
    (a)  The  Director, or any inspector, of the Liquefied Petroleum Gas Board is  authorized to temporarily suspend the certificate of competency of any  person subject to this subchapter if it shall be determined that the  person, while engaged in liquefied petroleum gas operations, is so  engaged in a reckless, careless, or unsafe manner or in an intoxicated  state which endangers human life, provided that those persons shall have  an opportunity to contest the suspension under the provisions of this  subchapter as hereinafter provided for.
(b)  The  Liquefied Petroleum Gas Board, upon sufficient proof, may revoke,  suspend, reprimand, place on probation, refuse to renew, or refuse to  issue the permit or certificate of competency of any holder or person  for cause or willful violation of any of the laws or rules and  regulations as promulgated by the board after due notice, provided that  all persons shall be entitled to a hearing before the board to show  cause why the permit or certificate of competency should not be revoked.  Any person whose certificate of competency has been temporarily  suspended by the director or an inspector of the board shall be entitled  to a hearing before the board at its next meeting to show cause why the  certificate of competency should not be permanently revoked. No person  whose permit or certificate of competency is suspended temporarily or  permanently revoked hereunder shall engage in any phase of the liquefied  petroleum gas business until authorized to do so by order of the board.
(c)  The  board is empowered to administer oaths and affirmations, to take  depositions, to certify to official actions, and to issue subpoenas to  compel the attendance of witnesses and the production of books, papers,  and records deemed necessary as evidence in connection with any matter  properly before it. In case of contumacy by a witness or a party or a  refusal by any person to obey a subpoena, any court within the  jurisdiction in which the witness, party, or other person is found or  resides or transacts business, upon application by the board, shall  issue to the witness, party, or other person as aforesaid an order  requiring the person to appear before the board and to produce evidence  if so ordered or to give testimony touching on the matter involved. Any  failure to obey the order of the court may be punished by the court as a  contempt thereof. A person who without just cause fails or refuses to  attend and testify or answer any lawful inquiry or to produce books,  papers, or records in obedience to a subpoena of the board shall be  punished by a fine of not less than two hundred dollars ($200) or by  imprisonment of not longer than sixty (60) days, or by both. Each day  the violation continues is a separate offense and may be punished as  such. If a holder of a permit or a certificate of competency violates  any provision of this subsection, the board may immediately revoke his  or her permit or certificate of competency, and the person shall not  thereafter engage in any phase of the liquefied petroleum gas business  until he or she has complied with reasonable orders the board may make  in connection therewith.
(d)  All  action taken by the board pursuant to this section is subject to  judicial review by the Pulaski County Circuit Court as provided for in  the Arkansas Administrative Procedure Act,    25-15-201 et seq.
(e)  An  applicant for or holder of a permit may not engage in any phase of the  liquefied petroleum gas business covered by the permit during any period  of refusal to grant or of revocation by the board, including the period  of the pendency of any appeal from action by the board.
(f)  All  suppliers of liquefied petroleum gases, containers, and equipment, when  notified by the board of a revoked permit, may not legally sell  liquefied petroleum gas, containers, or equipment to any person whose  permit shall have been revoked.
(g)  All  fines, penalties, forfeitures, and moneys of all description received  by the board shall be deposited in the State Treasury to the credit of  the Liquefied Petroleum Gas Fund.