§ 9-28-403 - Child Welfare Agency Review Board -- Creation -- Authority.
9-28-403. Child Welfare Agency Review Board -- Creation -- Authority.
(a) (1) There is created the Child Welfare Agency Review Board to serve as the administrative body to carry out the provisions of this subchapter.
(2) The board shall have the authority to promulgate rules and regulations to enforce the provisions of this subchapter.
(b) The board may also identify and implement alternative methods of regulation and enforcement that may include, but not be limited to:
(1) Expanding the types and categories of licenses issued for programs falling within the definition of "child welfare agency", as may be required by changes in the types of child welfare programs that may occur, and to promulgate separate regulations for each category of license as it may deem proper;
(2) Using the standards of other licensing authorities or compliance-reviewing professionals as being equivalent to partial compliance with board-promulgated rules, when those standards have been shown to predict compliance with the board-promulgated rules; and
(3) Using an abbreviated inspection that employs key standards that have been shown to predict full compliance with the rules.
(c) (1) The division is designated as the governmental agency charged with the enforcement of the provisions of this subchapter.
(2) Only the division, licensees, agencies specifically exempted by this subchapter, and applicants for a license shall have standing to initiate formal proceedings before the board, except when otherwise provided by law.
(d) When any person, corporation, partnership, voluntary association, or other entity shall be found to operate or assist in the operation of a child welfare agency that has been licensed by the board or has had the license denied, revoked, or suspended by the board, and therefore has been ordered to cease and desist operation in accordance with the provisions of this subchapter, the board shall have the right to go into the circuit court in the jurisdiction in which the child welfare agency is being operated and upon affidavit secure a writ of injunction, without bond, restraining and prohibiting the person, corporation, partnership, voluntary association, or other entity from operating the child welfare agency.
(e) The Arkansas Administrative Procedure Act, 25-15-201 et seq., shall apply to all proceedings brought under this subchapter, except that the following provisions shall control during adverse action hearings to the extent that they conflict with the Arkansas Administrative Procedure Act 25-15-201 et seq.:
(1) All parties to an adverse action shall be entitled to engage in and use formal discovery as provided for in Rules 26, 28 -- 34, and 36 of the Arkansas Rules of Civil Procedure including:
(A) Requests for admission;
(B) Requests for production of documents and things;
(C) Written interrogatories; and
(D) Oral and written depositions; and
(2) All evidentiary rulings in an adverse action hearing shall be governed by the Arkansas Rules of Evidence with respect to the following types of evidence:
(A) The requirement of personal knowledge of a witness as required by Rule 602;
(B) The admissibility of character evidence as set forth by Rules 608 and 609;
(C) The admissibility of opinion evidence as set forth by Rules 701 -- 703; and
(D) The admissibility of hearsay evidence as set forth by Rules 801 -- 806.
(f) (1) Requests for subpoenas shall be granted by the Chief Counsel of the Department of Human Services or a designee if the testimony or documents desired are considered necessary and material without being unduly repetitious of other available evidence.
(2) Subpoenas provided for in this section shall be served in the manner as now provided by law, returned, and a copy made and kept by the department.
(3) The fees and mileage for officers serving the subpoenas and witnesses answering the subpoenas shall be the same as now provided by law.
(4) Witnesses duly served with subpoenas issued under this section who shall refuse to testify or give evidence may be cited on an affidavit through application of the chief counsel of the department to the Pulaski County Circuit Court or any circuit court of the state where the subpoenas were served.
(5) Failure to obey the subpoena may be deemed a contempt, punishable accordingly.