23 CAR § 300-605. Pleadings and practice

(a) Pleadings allowed. Pleadings shall include all forms of petitions, requests, complaints, answers, responses, replies, proposals, notices, applications, briefs, and filings of any nature that are placed before the Securities Commissioner. (b) Form. (1) The form to be followed in the filing of pleadings pursuant to this section will vary to the extent necessary to provide for the nature of the legal rights, duties, or privileges involved therein. (2) Except as otherwise provided by law or the commissioner otherwise determines, the pleadings shall include the following: (A) A statement setting forth clearly and concisely the authorization or other relief sought, as well as the following: (i)(a) The exact legal name of each person seeking the authorization or relief and the address or principal place of business of each such person, unless the pleading is filed by the staff. (b) If any applicant, petitioner, respondent, or movant is a corporation, limited liability company, partnership, trust, association, or other organized group, it shall also specify the state under the laws of which it was created or organized; (ii)(a) The name, title, address, and telephone number of the attorney to whom correspondence or communications in regard to the pleading is to be addressed. (b) Notice, orders, and other papers may be served upon the person so named and such service shall be deemed to be service upon the petitioner, respondent, or applicant; (iii) A concise and explicit statement of the facts on which the commissioner is expected to rely in granting the authorization or other relief sought; and (iv) An explanation of any unusual circumstances involved in the pleading to which the commissioner will be expected to direct particular attention, including the existence of emergency conditions or any request for the granting of interlocutory relief by way of an interim order during the pendency of the pleading; (B) Any exhibits, sworn written testimony, data, models, illustrations, or other materials that the applicant, petitioner, respondent, or movant deems necessary or desirable to support the granting of the pleading or that any statute, rule, or regulation may require for the lawful determination of the pleading; (C)(i) All documents, whenever practicable, shall be printed, typewritten, or reproduced on one (1) side of the paper only, and double-spaced with a normal margin on all four (4) sides. (ii) All pleadings shall be on paper eight and one-half by eleven inches (8 1/2" x 11”) in size; and (D) The venue as “Before the Arkansas Securities Commissioner”, the title of the proceedings, the case number assigned, and an appropriate designation, e.g., petition, request, motion, brief, pleading. (c) Motions. (1)(A) All requests for relief will be by motion. (B) Motions must be in writing or oral if made on the record during a hearing unless the commissioner directs that such motion be reduced to writing. (2)(A) A motion must fully state the relief sought and the grounds relied upon. (B) It may be accompanied by a proposed order. (C) Written memoranda, briefs, affidavits, or other relevant materials or documents may be filed in support of a motion. (3)(A) The original written motion shall be filed with the commissioner. (B) There shall be an original and two (2) copies of each motion and each exhibit. (4)(A) A response to a motion must be filed by a party within ten (10) days of the date of service of the written motion. (B) This time may be extended as permitted by the commissioner for good cause shown. (5) No oral arguments may be held on written motions except as otherwise directed by the commissioner. (6)(A) The commissioner shall not rule on any oral or written motion before each party has had an opportunity to respond. (B) The failure of a party to oppose a motion is deemed consent by that party to the entry of an order granting the relief sought. (7)(A) The commissioner or his or her designee as hearing officer may conduct such proceedings and enter such orders as are deemed necessary to address issues raised by the motion. (B) However, a hearing officer, other than the commissioner, will not enter a dispositive order unless expressly authorized in writing to do so. (8) Upon written request from a respondent made no less than ten (10) days prior to a scheduled hearing, the following information shall be provided: (A) The names and addresses of persons whom the staff intends to call as witnesses at any hearing; (B) Any written or recorded statements and the substance of any oral statements made by the license holder or a copy of the same; (C) Any reports or statements of experts made in connection with the particular case, including results of physical or mental examinations, scientific tests, experiments, or comparisons or copies of the same; (D) Any books, papers, documents, photographs, or tangible objects which the staff intends to use in any hearing or which were obtained from or belong to the license holder or copies of the same; and (E) Disclosure shall not be required of research or records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the staff or members of the legal staff or other state agents. (d) Briefs. (1) Briefs may be filed by a party or interested nonparty either before or during the course of a hearing or within such time as the commissioner designates. (2) Failure to file a brief shall in no way prejudice the rights of any party. (3) The order and timing of filing briefs or reply briefs shall be designated by the commissioner. (4) A party may request an extension of the briefing schedule set by the commissioner prior to the due date. (5) Late briefs may be considered at the discretion of the commissioner. (e) Computation of time. (1) In computing any period of time prescribed or allowed by the Arkansas Securities Act or this subpart, the day of the act, event, or default after which the designated period of time begins to run is not to be included. (2) The last day of the period so computed is to be included unless it is a Saturday, Sunday, or a legally declared state holiday. (3) When the period of time prescribed or allowed is less than ten (10) days, intermediate Saturdays, Sundays, and legally declared state holidays shall be excluded in the computation. (f) Extensions of time. (1) Except as otherwise provided by law, the commissioner may, for good cause shown, extend any time limit prescribed or allowed by this subpart or by any notice or order issued in a contested case, hearing, or other proceeding. (2) In determining whether to grant an extension of time, the commissioner may consider the following: (A) Prior continuances or extensions of time; (B) The interests of all parties; (C) The likelihood of informal settlements; (D) The existence of an emergency; (E) Any objection; (F) Any applicable time requirement; (G) The existence of a conflict of the schedules of attorneys, parties, or witnesses; (H) The time limits of the request; and (I) Other relevant factors. (3)(A) Any party may request an extension of time via a motion. (B) The commissioner may grant extensions of time once notice and opportunity to respond is afforded to all parties. (C) The commissioner may grant extensions on his or her own motion. (4)(A) Requests for extensions of time, other than motions for continuances, must be made as soon as practicable and, except in cases of emergencies, no later than five (5) days prior to the date noticed for the hearing. (B) The commissioner may require documentation of any grounds for extensions. (g) Effect of filing. (1) The filing with the commissioner of any pleadings, requests for no action or interpretive opinions, or any other document shall not relieve any person of the obligation to comply with any statute, rule, or order of the commissioner. (2) Acceptance of a filing by the commissioner shall not constitute a waiver of any failure to comply with the Arkansas Securities Act or this subpart. (3) Where appropriate, the commissioner may require the amendment of any filing. (h) Filing and service. (1) Any pleading filed by the staff or summary order issued by the commissioner for the purpose of commencing a proceeding shall be served on each respondent by personal service, registered or certified mail, or any express delivery service which provides a written confirmation of delivery. (2) Following the date of commencement of a proceeding, all pleadings may be filed with the commissioner by United States Postal Service or hand delivery. (3) Pleadings filed with the commissioner shall reflect the parties upon whom the pleading was served. (4) A copy of every pleading filed with the commissioner by a party shall be served upon the attorney of record for every other party and upon any person appearing pro se. (5) Written interrogatories, requests for production, and other discovery requests shall not be filed with the commissioner but shall be served by the party making the discovery request upon the attorney of record for every other party and upon any person appearing pro se. (i) Submission of information. Any information filed or submitted to the State Securities Department in connection with an application, subpoena, or otherwise given voluntarily to the department may, where competent and relevant, be used in any criminal prosecutions under the Arkansas Securities Act or other laws of the State of Arkansas or other jurisdiction.