WHEREAS, Minute Order No. 81-273 provided that the Director shall designate a hearing officer to conduct and preside at administrative hearings concerning outdoor advertising devices and to conduct a hearing in accordance with the Arkansas Administrative Procedure Act;
WHEREAS, a question has arisen concerning the authority of the designated Hearing Officer to render decisions related to applications for outdoor advertising devices;
WHEREAS, in the interest of clarifying the authority of the designated Hearing Officer as set forth in Minute Order No. 81-273, the Commission affirms the following:
(1)That Minute Order No. 81-273 directed the Director or designee to conduct a hearing and decide for the agency all issues related to administrative hearings concerning outdoor advertising devices and render final orders;
(2)That appeals relating to outdoor advertising matters can be decided in a more timely and expeditious manner through the use of a designated official rather than being presented to the full Commission; and
(3)That the Director’s designee is equipped through specialization and insight through experience with the ability to determine and analyze the underlying legal issues.
THEREFORE, Minute Order No. 81-273 provides and this Minute Order affirms that the designated Hearing Officer is authorized to conduct and preside at administration hearings and to make final decisions related to outdoor advertising devices.