Ark. Code Ann. § 17-42-701 — AR Code / Title 17 / Chapter 42 / Subchapter 7 / Section 17-42-701
Definitions
Status: in_force

As used in this subchapter: (1) "Actual introduction" means the referral of a principal to a licensee by the person or entity seeking the referral fee before the principal and licensee have engaged in material discussions regarding a specific real estate transaction; (2) (A) "Interference with a licensee relationship" means: (i) A demand for a referral fee from a licensee when reasonable cause for payment does not exist; (ii) A threat to reduce, withhold, or eliminate any relocation or other benefits or the actual reduction, withholding, or elimination of any relocation or other benefit for the purpose of obtaining a referral fee from a licensee when reasonable cause for payment does not exist; or (iii) An attempt to induce a principal to breach or terminate a representation agreement for the purpose of replacing that representation agreement with another representation agreement in order to obtain a referral fee. (B) "Interference with a licensee relationship" does not mean: (i) Communications between an employer or an employer's representative and an employee concerning relocation policies and benefits if the communication does not involve advice about or encouragement to terminate or amend an existing representation agreement; and (ii) Advice to a principal about the right to allow a licensee relationship to expire under its own terms or not to renew the licensee relationship upon its expiration; (3) "Licensee relationship" means an agreement between a licensee and a principal under which the licensee agrees to act as a principal broker as defined in § 17-42-103 ; (4) "Principal" means the buyer, seller, landlord, or tenant in a licensee relationship; (5) "Reasonable cause for payment" means the creation of a cooperative or subagency relationship between licensees or a representation agreement as the result of an actual introduction of business; (6) (A) "Referral fee" means any mutually agreed-upon fee, commission, or other consideration to be paid by a licensee to any person or entity. (B) "Referral fee" does not mean a cooperative commission offered by a listing licensee to a selling licensee or by a selling licensee to a listing licensee; and (7) (A) "Representation agreement" means an agreement between a principal and a licensee in which the licensee agrees to perform any of the activities of a principal broker. (B) "Representation agreement" includes: (i) A buyer's agency agreement, a property listing agreement, and a cooperative brokerage agreement; and (ii) Any agreement containing any of the agreements described in subdivision (7)(B)(i) of this section. Acts 2005, No. 1946, § 1.

As used in this subchapter:

(1) "Actual introduction" means the referral of a principal to a licensee by the person or entity seeking the referral fee before the principal and licensee have engaged in material discussions regarding a specific real estate transaction;

(2) (A) "Interference with a licensee relationship" means: (i) A demand for a referral fee from a licensee when reasonable cause for payment does not exist; (ii) A threat to reduce, withhold, or eliminate any relocation or other benefits or the actual reduction, withholding, or elimination of any relocation or other benefit for the purpose of obtaining a referral fee from a licensee when reasonable cause for payment does not exist; or (iii) An attempt to induce a principal to breach or terminate a representation agreement for the purpose of replacing that representation agreement with another representation agreement in order to obtain a referral fee. (B) "Interference with a licensee relationship" does not mean: (i) Communications between an employer or an employer's representative and an employee concerning relocation policies and benefits if the communication does not involve advice about or encouragement to terminate or amend an existing representation agreement; and (ii) Advice to a principal about the right to allow a licensee relationship to expire under its own terms or not to renew the licensee relationship upon its expiration;

(A) "Interference with a licensee relationship" means: (i) A demand for a referral fee from a licensee when reasonable cause for payment does not exist; (ii) A threat to reduce, withhold, or eliminate any relocation or other benefits or the actual reduction, withholding, or elimination of any relocation or other benefit for the purpose of obtaining a referral fee from a licensee when reasonable cause for payment does not exist; or (iii) An attempt to induce a principal to breach or terminate a representation agreement for the purpose of replacing that representation agreement with another representation agreement in order to obtain a referral fee.

(i) A demand for a referral fee from a licensee when reasonable cause for payment does not exist;

(ii) A threat to reduce, withhold, or eliminate any relocation or other benefits or the actual reduction, withholding, or elimination of any relocation or other benefit for the purpose of obtaining a referral fee from a licensee when reasonable cause for payment does not exist; or

(iii) An attempt to induce a principal to breach or terminate a representation agreement for the purpose of replacing that representation agreement with another representation agreement in order to obtain a referral fee.

(B) "Interference with a licensee relationship" does not mean: (i) Communications between an employer or an employer's representative and an employee concerning relocation policies and benefits if the communication does not involve advice about or encouragement to terminate or amend an existing representation agreement; and (ii) Advice to a principal about the right to allow a licensee relationship to expire under its own terms or not to renew the licensee relationship upon its expiration;

(i) Communications between an employer or an employer's representative and an employee concerning relocation policies and benefits if the communication does not involve advice about or encouragement to terminate or amend an existing representation agreement; and

(ii) Advice to a principal about the right to allow a licensee relationship to expire under its own terms or not to renew the licensee relationship upon its expiration;

(3) "Licensee relationship" means an agreement between a licensee and a principal under which the licensee agrees to act as a principal broker as defined in § 17-42-103 ;

(4) "Principal" means the buyer, seller, landlord, or tenant in a licensee relationship;

(5) "Reasonable cause for payment" means the creation of a cooperative or subagency relationship between licensees or a representation agreement as the result of an actual introduction of business;

(6) (A) "Referral fee" means any mutually agreed-upon fee, commission, or other consideration to be paid by a licensee to any person or entity. (B) "Referral fee" does not mean a cooperative commission offered by a listing licensee to a selling licensee or by a selling licensee to a listing licensee; and

(A) "Referral fee" means any mutually agreed-upon fee, commission, or other consideration to be paid by a licensee to any person or entity.

(B) "Referral fee" does not mean a cooperative commission offered by a listing licensee to a selling licensee or by a selling licensee to a listing licensee; and

(7) (A) "Representation agreement" means an agreement between a principal and a licensee in which the licensee agrees to perform any of the activities of a principal broker. (B) "Representation agreement" includes: (i) A buyer's agency agreement, a property listing agreement, and a cooperative brokerage agreement; and (ii) Any agreement containing any of the agreements described in subdivision (7)(B)(i) of this section.

(A) "Representation agreement" means an agreement between a principal and a licensee in which the licensee agrees to perform any of the activities of a principal broker.

(B) "Representation agreement" includes: (i) A buyer's agency agreement, a property listing agreement, and a cooperative brokerage agreement; and (ii) Any agreement containing any of the agreements described in subdivision (7)(B)(i) of this section.

(i) A buyer's agency agreement, a property listing agreement, and a cooperative brokerage agreement; and

(ii) Any agreement containing any of the agreements described in subdivision (7)(B)(i) of this section.

Acts 2005, No. 1946, § 1.
Ark. Code Ann. § 17-92-205 — AR Code / Title 17 / Chapter 92 / Subchapter 2 / Section 17-92-205
Rules - Enforcement
Status: in_force

(a) (1) The Arkansas State Board of Pharmacy shall have authority to make reasonable rules, not inconsistent with law, to carry out the purposes and intentions of this chapter and the pharmacy laws of this state that the board deems necessary to preserve and protect the public health. (2) The board shall by rule establish standards for the administration of medications by licensed pharmacists, including, but not limited to, the completion of a course in the administration of medications. (b) It shall be the duty of the board, through officials appointed by the Department of Health for that purpose, to enforce all the provisions of this chapter. (c) (1) Upon written authorization by the board, the department's inspectors or other designated agents shall have authority to conduct oversight activities authorized by law, including, but not limited to, audits, investigations, inspections, licensure, or disciplinary actions, civil, administrative, or criminal proceedings or actions, or other activities necessary for appropriate oversight of the regulated activities and may enter any store, business establishment, including any hospital pharmacy, or any other facility holding a license, permit, or other authority issued by the board where drugs, medicines, chemicals, pharmaceuticals, poisons, home medical equipment, or services or other objects, services, or activities regulated by the board are manufactured, sold, dispensed, or conducted to enforce this chapter, the Uniform Controlled Substances Act, § 5-64-101 et seq., § 5-64-1001 et seq., § 5-64-1101 et seq., the Food, Drug, and Cosmetic Act, § 20-56-201 et seq., or § 20-64-501 et seq. (2) (A) Upon written authorization by the board, the department's inspectors and other designated agents may obtain copies of any document, prescription, drug order, or other record or physical object relevant to the board's oversight of the regulated activity. (B) (i) With regard to hospital pharmacies, the department's inspectors and other designated agents may also view and at the department's expense make copies of identifiable records relating to patients in patient areas of the hospital if the records are relevant to an activity regulated by the board. (ii) However, should any such record be in active use or storage at the time of the board's request to examine, obtain, or copy the record, the entity having control or possession of the record shall state in writing that the record will be made available to the board at a specific date and time within two (2) working days after the board's request. (C) For purposes of confidentiality, a record containing patient health information in the possession of the board under this subdivision (c)(2) shall be considered a medical record for purposes of the Freedom of Information Act of 1967, § 25-19-101 et seq. (3) In any investigation or official inquiry of a potential violation of law or any administrative proceeding regarding an alleged violation of law subject to its jurisdiction, the board may issue subpoenas signed by the Executive Director of the Arkansas State Board of Pharmacy or the executive director's designee for any document, prescription, drug order, or other record or physical object identified or otherwise described in the subpoena if the item is relevant and material to the inquiry, investigation, or proceeding. (4) In any administrative proceeding arising from an alleged violation of law within its jurisdiction, the board may order the disclosure of any information that is relevant and material to the alleged violation. (5) (A) If a person has been served with a subpoena or subpoena duces tecum or has been ordered to disclose information in an administrative proceeding under this chapter and fails to comply with the order, the board may apply to the Pulaski County Circuit Court or to the circuit court of the county in which the board is conducting its investigation or hearing for an order directing that: (i) The person be brought before the court; and (ii) After notice and opportunity for a hearing, the person comply with the order. (B) If the person violates the court's order, the court may punish the person for civil contempt. (C) If a person fails or refuses to make available to the board's inspectors or agents under subdivision (c)(2) of this section any document, prescription, drug order, or other record or physical object, the board may file an action in the Pulaski County Circuit Court or in the circuit court of the county in which the board is conducting its oversight activity to obtain an order, after notice and opportunity for hearing, mandating that the person make the document, prescription, drug order, or other record or physical object available to the board's representatives. (6) The department's inspectors and other designated agents may seize products for testing of sterility, potency, and pyrogenicity when inspecting permitted facilities. (d) The board shall promulgate rules limiting the amount of Schedule II narcotics that may be dispensed by licensees of the board. Amended by Act 2019, No. 315,§ 1571, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4889, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4888, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4887, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4886, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4885, eff. 7/1/2019. Amended by Act 2017, No. 820,§ 11, eff. 8/1/2017. Amended by Act 2017, No. 477,§ 1, eff. 8/1/2017. Acts 1929, No. 72, § 14; Pope's Dig., § 4635; Acts 1955, No. 57, § 19; A.S.A. 1947, §§ 72-1004.1, 72-1033; Acts 1991, No. 740, § 5; 1997, No. 1204, § 3; 1999, No. 644, § 1; 2003, No. 1092, § 2; 2005, No. 388, § 2; 2005, No. 1962, § 75.

(a) (1) The Arkansas State Board of Pharmacy shall have authority to make reasonable rules, not inconsistent with law, to carry out the purposes and intentions of this chapter and the pharmacy laws of this state that the board deems necessary to preserve and protect the public health. (2) The board shall by rule establish standards for the administration of medications by licensed pharmacists, including, but not limited to, the completion of a course in the administration of medications.

(1) The Arkansas State Board of Pharmacy shall have authority to make reasonable rules, not inconsistent with law, to carry out the purposes and intentions of this chapter and the pharmacy laws of this state that the board deems necessary to preserve and protect the public health.

(2) The board shall by rule establish standards for the administration of medications by licensed pharmacists, including, but not limited to, the completion of a course in the administration of medications.

(b) It shall be the duty of the board, through officials appointed by the Department of Health for that purpose, to enforce all the provisions of this chapter.

(c) (1) Upon written authorization by the board, the department's inspectors or other designated agents shall have authority to conduct oversight activities authorized by law, including, but not limited to, audits, investigations, inspections, licensure, or disciplinary actions, civil, administrative, or criminal proceedings or actions, or other activities necessary for appropriate oversight of the regulated activities and may enter any store, business establishment, including any hospital pharmacy, or any other facility holding a license, permit, or other authority issued by the board where drugs, medicines, chemicals, pharmaceuticals, poisons, home medical equipment, or services or other objects, services, or activities regulated by the board are manufactured, sold, dispensed, or conducted to enforce this chapter, the Uniform Controlled Substances Act, § 5-64-101 et seq., § 5-64-1001 et seq., § 5-64-1101 et seq., the Food, Drug, and Cosmetic Act, § 20-56-201 et seq., or § 20-64-501 et seq. (2) (A) Upon written authorization by the board, the department's inspectors and other designated agents may obtain copies of any document, prescription, drug order, or other record or physical object relevant to the board's oversight of the regulated activity. (B) (i) With regard to hospital pharmacies, the department's inspectors and other designated agents may also view and at the department's expense make copies of identifiable records relating to patients in patient areas of the hospital if the records are relevant to an activity regulated by the board. (ii) However, should any such record be in active use or storage at the time of the board's request to examine, obtain, or copy the record, the entity having control or possession of the record shall state in writing that the record will be made available to the board at a specific date and time within two (2) working days after the board's request. (C) For purposes of confidentiality, a record containing patient health information in the possession of the board under this subdivision (c)(2) shall be considered a medical record for purposes of the Freedom of Information Act of 1967, § 25-19-101 et seq. (3) In any investigation or official inquiry of a potential violation of law or any administrative proceeding regarding an alleged violation of law subject to its jurisdiction, the board may issue subpoenas signed by the Executive Director of the Arkansas State Board of Pharmacy or the executive director's designee for any document, prescription, drug order, or other record or physical object identified or otherwise described in the subpoena if the item is relevant and material to the inquiry, investigation, or proceeding. (4) In any administrative proceeding arising from an alleged violation of law within its jurisdiction, the board may order the disclosure of any information that is relevant and material to the alleged violation. (5) (A) If a person has been served with a subpoena or subpoena duces tecum or has been ordered to disclose information in an administrative proceeding under this chapter and fails to comply with the order, the board may apply to the Pulaski County Circuit Court or to the circuit court of the county in which the board is conducting its investigation or hearing for an order directing that: (i) The person be brought before the court; and (ii) After notice and opportunity for a hearing, the person comply with the order. (B) If the person violates the court's order, the court may punish the person for civil contempt. (C) If a person fails or refuses to make available to the board's inspectors or agents under subdivision (c)(2) of this section any document, prescription, drug order, or other record or physical object, the board may file an action in the Pulaski County Circuit Court or in the circuit court of the county in which the board is conducting its oversight activity to obtain an order, after notice and opportunity for hearing, mandating that the person make the document, prescription, drug order, or other record or physical object available to the board's representatives. (6) The department's inspectors and other designated agents may seize products for testing of sterility, potency, and pyrogenicity when inspecting permitted facilities.

(1) Upon written authorization by the board, the department's inspectors or other designated agents shall have authority to conduct oversight activities authorized by law, including, but not limited to, audits, investigations, inspections, licensure, or disciplinary actions, civil, administrative, or criminal proceedings or actions, or other activities necessary for appropriate oversight of the regulated activities and may enter any store, business establishment, including any hospital pharmacy, or any other facility holding a license, permit, or other authority issued by the board where drugs, medicines, chemicals, pharmaceuticals, poisons, home medical equipment, or services or other objects, services, or activities regulated by the board are manufactured, sold, dispensed, or conducted to enforce this chapter, the Uniform Controlled Substances Act, § 5-64-101 et seq., § 5-64-1001 et seq., § 5-64-1101 et seq., the Food, Drug, and Cosmetic Act, § 20-56-201 et seq., or § 20-64-501 et seq.

(2) (A) Upon written authorization by the board, the department's inspectors and other designated agents may obtain copies of any document, prescription, drug order, or other record or physical object relevant to the board's oversight of the regulated activity. (B) (i) With regard to hospital pharmacies, the department's inspectors and other designated agents may also view and at the department's expense make copies of identifiable records relating to patients in patient areas of the hospital if the records are relevant to an activity regulated by the board. (ii) However, should any such record be in active use or storage at the time of the board's request to examine, obtain, or copy the record, the entity having control or possession of the record shall state in writing that the record will be made available to the board at a specific date and time within two (2) working days after the board's request. (C) For purposes of confidentiality, a record containing patient health information in the possession of the board under this subdivision (c)(2) shall be considered a medical record for purposes of the Freedom of Information Act of 1967, § 25-19-101 et seq.

(A) Upon written authorization by the board, the department's inspectors and other designated agents may obtain copies of any document, prescription, drug order, or other record or physical object relevant to the board's oversight of the regulated activity.

(B) (i) With regard to hospital pharmacies, the department's inspectors and other designated agents may also view and at the department's expense make copies of identifiable records relating to patients in patient areas of the hospital if the records are relevant to an activity regulated by the board. (ii) However, should any such record be in active use or storage at the time of the board's request to examine, obtain, or copy the record, the entity having control or possession of the record shall state in writing that the record will be made available to the board at a specific date and time within two (2) working days after the board's request.

(i) With regard to hospital pharmacies, the department's inspectors and other designated agents may also view and at the department's expense make copies of identifiable records relating to patients in patient areas of the hospital if the records are relevant to an activity regulated by the board.

(ii) However, should any such record be in active use or storage at the time of the board's request to examine, obtain, or copy the record, the entity having control or possession of the record shall state in writing that the record will be made available to the board at a specific date and time within two (2) working days after the board's request.

(C) For purposes of confidentiality, a record containing patient health information in the possession of the board under this subdivision (c)(2) shall be considered a medical record for purposes of the Freedom of Information Act of 1967, § 25-19-101 et seq.

(3) In any investigation or official inquiry of a potential violation of law or any administrative proceeding regarding an alleged violation of law subject to its jurisdiction, the board may issue subpoenas signed by the Executive Director of the Arkansas State Board of Pharmacy or the executive director's designee for any document, prescription, drug order, or other record or physical object identified or otherwise described in the subpoena if the item is relevant and material to the inquiry, investigation, or proceeding.

(4) In any administrative proceeding arising from an alleged violation of law within its jurisdiction, the board may order the disclosure of any information that is relevant and material to the alleged violation.

(5) (A) If a person has been served with a subpoena or subpoena duces tecum or has been ordered to disclose information in an administrative proceeding under this chapter and fails to comply with the order, the board may apply to the Pulaski County Circuit Court or to the circuit court of the county in which the board is conducting its investigation or hearing for an order directing that: (i) The person be brought before the court; and (ii) After notice and opportunity for a hearing, the person comply with the order. (B) If the person violates the court's order, the court may punish the person for civil contempt. (C) If a person fails or refuses to make available to the board's inspectors or agents under subdivision (c)(2) of this section any document, prescription, drug order, or other record or physical object, the board may file an action in the Pulaski County Circuit Court or in the circuit court of the county in which the board is conducting its oversight activity to obtain an order, after notice and opportunity for hearing, mandating that the person make the document, prescription, drug order, or other record or physical object available to the board's representatives.

(A) If a person has been served with a subpoena or subpoena duces tecum or has been ordered to disclose information in an administrative proceeding under this chapter and fails to comply with the order, the board may apply to the Pulaski County Circuit Court or to the circuit court of the county in which the board is conducting its investigation or hearing for an order directing that: (i) The person be brought before the court; and (ii) After notice and opportunity for a hearing, the person comply with the order.

(i) The person be brought before the court; and

(ii) After notice and opportunity for a hearing, the person comply with the order.

(B) If the person violates the court's order, the court may punish the person for civil contempt.

(C) If a person fails or refuses to make available to the board's inspectors or agents under subdivision (c)(2) of this section any document, prescription, drug order, or other record or physical object, the board may file an action in the Pulaski County Circuit Court or in the circuit court of the county in which the board is conducting its oversight activity to obtain an order, after notice and opportunity for hearing, mandating that the person make the document, prescription, drug order, or other record or physical object available to the board's representatives.

(6) The department's inspectors and other designated agents may seize products for testing of sterility, potency, and pyrogenicity when inspecting permitted facilities.

(d) The board shall promulgate rules limiting the amount of Schedule II narcotics that may be dispensed by licensees of the board.

Amended by Act 2019, No. 315,§ 1571, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4889, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4888, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4887, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4886, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4885, eff. 7/1/2019.

Amended by Act 2017, No. 820,§ 11, eff. 8/1/2017.

Amended by Act 2017, No. 477,§ 1, eff. 8/1/2017.

Acts 1929, No. 72, § 14; Pope's Dig., § 4635; Acts 1955, No. 57, § 19; A.S.A. 1947, §§ 72-1004.1, 72-1033; Acts 1991, No. 740, § 5; 1997, No. 1204, § 3; 1999, No. 644, § 1; 2003, No. 1092, § 2; 2005, No. 388, § 2; 2005, No. 1962, § 75.
Ark. Code Ann. § 17-27-406 — AR Code / Title 17 / Chapter 27 / Subchapter 4 / Section 17-27-406
Powers and duties of board
Status: in_force

(a) The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall administer and enforce the provisions of this subchapter and shall adopt rules consistent with its provisions, including a code of ethical practice. (b) The board shall review and act upon applications for licensure and certification at least four (4) times a year and shall regulate the renewal of licenses or certifications. (c) The board may conduct hearings on charges calling for the denial, revocation, or suspension of a license or certification or issuance of a monetary fine, shall adopt rules for the conduct of the hearings, and shall cause the prosecution of all persons who violate any provisions of this subchapter or any rule promulgated pursuant to its provisions. (d) The board may sue and be sued in its own name. (e) The Department of Health may employ any persons it deems necessary to carry on the work of the board and the department shall define their duties and fix their compensation within the limits prescribed by law. (f) The board shall maintain a register of all individuals licensed or certified under the provisions of this subchapter. The register shall be a public record. (g) The board shall keep a complete record of all of its proceedings. (h) (1) The board shall set by rule a fee schedule for: (A) Applications for licensure; (B) Examinations; (C) Renewal of licensure; (D) Late fees; (E) Fines; and (F) Administrative costs. (2) The fees shall be set at a level sufficient to cover the cost of supporting the duties of the board, hiring persons necessary to carry on the work of the board, and other functions necessary for the successful operation of the board. Amended by Act 2019, No. 315,§ 1390, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4860, eff. 7/1/2019. Amended by Act 2013, No. 1249,§ 2, eff. 7/1/2013. Amended by Act 2013, No. 1249,§ 1, eff. 7/1/2013. Acts 1999, No. 1588, § 6.

(a) The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall administer and enforce the provisions of this subchapter and shall adopt rules consistent with its provisions, including a code of ethical practice.

(b) The board shall review and act upon applications for licensure and certification at least four (4) times a year and shall regulate the renewal of licenses or certifications.

(c) The board may conduct hearings on charges calling for the denial, revocation, or suspension of a license or certification or issuance of a monetary fine, shall adopt rules for the conduct of the hearings, and shall cause the prosecution of all persons who violate any provisions of this subchapter or any rule promulgated pursuant to its provisions.

(d) The board may sue and be sued in its own name.

(e) The Department of Health may employ any persons it deems necessary to carry on the work of the board and the department shall define their duties and fix their compensation within the limits prescribed by law.

(f) The board shall maintain a register of all individuals licensed or certified under the provisions of this subchapter. The register shall be a public record.

(g) The board shall keep a complete record of all of its proceedings.

(h) (1) The board shall set by rule a fee schedule for: (A) Applications for licensure; (B) Examinations; (C) Renewal of licensure; (D) Late fees; (E) Fines; and (F) Administrative costs. (2) The fees shall be set at a level sufficient to cover the cost of supporting the duties of the board, hiring persons necessary to carry on the work of the board, and other functions necessary for the successful operation of the board.

(1) The board shall set by rule a fee schedule for: (A) Applications for licensure; (B) Examinations; (C) Renewal of licensure; (D) Late fees; (E) Fines; and (F) Administrative costs.

(A) Applications for licensure;

(B) Examinations;

(C) Renewal of licensure;

(D) Late fees;

(E) Fines; and

(F) Administrative costs.

(2) The fees shall be set at a level sufficient to cover the cost of supporting the duties of the board, hiring persons necessary to carry on the work of the board, and other functions necessary for the successful operation of the board.

Amended by Act 2019, No. 315,§ 1390, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4860, eff. 7/1/2019.

Amended by Act 2013, No. 1249,§ 2, eff. 7/1/2013.

Amended by Act 2013, No. 1249,§ 1, eff. 7/1/2013.

Acts 1999, No. 1588, § 6.
Ark. Code Ann. § 17-93-404 — AR Code / Title 17 / Chapter 93 / Subchapter 4 / Section 17-93-404
Creation - Arkansas State Board of Athletic Training
Status: in_force

(a) (1) There is created the Arkansas State Board of Athletic Training. (2) The board shall be composed of four (4) licensed athletic trainers and one (1) consumer who is not actively engaged in or retired from the practice of athletic training, medicine, physical therapy, or employment by an athletic department of an accredited educational institution. (3) In making appointments to the board, the Governor shall give consideration to recommendations made by professional organizations of athletic trainers. (4) To qualify as a member of the board, a person must be a resident of the State of Arkansas for three (3) years immediately preceding appointment. (b) (1) The members of the board shall be appointed for terms of three (3) years. (2) In the event of the death, resignation, or removal of any member, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment. (3) The Governor may remove any member for cause before the expiration of the member's term. (c) (1) The board shall elect officers as it considers necessary to carry out its duties. (2) (A) The board shall meet at least two (2) times each year. (B) Additional meetings may be held on the call of the chair or a written request of any three (3) members of the board. (3) The quorum required for any meeting of the board is three (3) members. (d) Each member of the board may receive expense reimbursements according to § 25-16-902 and stipends according to § 25-16-903 . Acts 1995, No. 1279, § 4; 2001, No. 1124, § 2; 2003, No. 1300, § 1.

(a) (1) There is created the Arkansas State Board of Athletic Training. (2) The board shall be composed of four (4) licensed athletic trainers and one (1) consumer who is not actively engaged in or retired from the practice of athletic training, medicine, physical therapy, or employment by an athletic department of an accredited educational institution. (3) In making appointments to the board, the Governor shall give consideration to recommendations made by professional organizations of athletic trainers. (4) To qualify as a member of the board, a person must be a resident of the State of Arkansas for three (3) years immediately preceding appointment.

(1) There is created the Arkansas State Board of Athletic Training.

(2) The board shall be composed of four (4) licensed athletic trainers and one (1) consumer who is not actively engaged in or retired from the practice of athletic training, medicine, physical therapy, or employment by an athletic department of an accredited educational institution.

(3) In making appointments to the board, the Governor shall give consideration to recommendations made by professional organizations of athletic trainers.

(4) To qualify as a member of the board, a person must be a resident of the State of Arkansas for three (3) years immediately preceding appointment.

(b) (1) The members of the board shall be appointed for terms of three (3) years. (2) In the event of the death, resignation, or removal of any member, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment. (3) The Governor may remove any member for cause before the expiration of the member's term.

(1) The members of the board shall be appointed for terms of three (3) years.

(2) In the event of the death, resignation, or removal of any member, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.

(3) The Governor may remove any member for cause before the expiration of the member's term.

(c) (1) The board shall elect officers as it considers necessary to carry out its duties. (2) (A) The board shall meet at least two (2) times each year. (B) Additional meetings may be held on the call of the chair or a written request of any three (3) members of the board. (3) The quorum required for any meeting of the board is three (3) members.

(1) The board shall elect officers as it considers necessary to carry out its duties.

(2) (A) The board shall meet at least two (2) times each year. (B) Additional meetings may be held on the call of the chair or a written request of any three (3) members of the board.

(A) The board shall meet at least two (2) times each year.

(B) Additional meetings may be held on the call of the chair or a written request of any three (3) members of the board.

(3) The quorum required for any meeting of the board is three (3) members.

(d) Each member of the board may receive expense reimbursements according to § 25-16-902 and stipends according to § 25-16-903 .

Acts 1995, No. 1279, § 4; 2001, No. 1124, § 2; 2003, No. 1300, § 1.
Ark. Code Ann. § 17-16-117 — AR Code / Title 17 / Chapter 16 / Subchapter 1 / Section 17-16-117
Administrative penalty
Status: in_force

The Attorney General may seek a civil penalty in any court of competent jurisdiction against an athlete agent not to exceed two hundred fifty thousand dollars ($250,000) for a violation of this subchapter. Acts 2001, No. 1622, § 15; 2011, No. 204, § 6.

The Attorney General may seek a civil penalty in any court of competent jurisdiction against an athlete agent not to exceed two hundred fifty thousand dollars ($250,000) for a violation of this subchapter.

Acts 2001, No. 1622, § 15; 2011, No. 204, § 6.
Ark. Code Ann. § 17-24-403 — AR Code / Title 17 / Chapter 24 / Subchapter 4 / Section 17-24-403
Service of process
Status: in_force

(a) Service of process in the action, suit, or proceeding in any court as authorized by § 17-24-401(3) shall be made by leaving three (3) copies in the office of the Secretary of State along with a notification that service is being effected pursuant to § 17-24-401 , and by paying the Secretary of State the sum of twenty-five dollars ($25.00). A certificate by the Secretary of State showing service and attached to the copy of the process presented to him or her for that purpose shall be sufficient evidence of the service. Service upon the Secretary of State as attorney shall be service upon the principal. (b) The Secretary of State shall immediately mail one (1) copy of the court process to the defendant in the court proceeding by first class mail at the defendant's last known principal place of business, and shall keep a record of all process which shall show the day and hour of receipt. The Secretary of State shall file an affidavit showing compliance with this section in the court proceedings on or before the date the defendant is required to appear or respond, unless an extension of time is allowed by the court. (c) No plaintiff or complainant shall be entitled to a judgment or determination by default in any court proceeding in which process is served under this section until the expiration of forty-five (45) days from the date of filing of the affidavit of compliance. (d) Nothing contained in this section shall limit or abridge the right to serve any process, notice, order, pleading, or demand upon any person, partnership, association, or corporation in any other manner now or hereafter permitted by law. Acts 1969, No. 214, § 3; A.S.A. 1947, § 71-2012; Acts 1999, No. 1500, § 5.

(a) Service of process in the action, suit, or proceeding in any court as authorized by § 17-24-401(3) shall be made by leaving three (3) copies in the office of the Secretary of State along with a notification that service is being effected pursuant to § 17-24-401 , and by paying the Secretary of State the sum of twenty-five dollars ($25.00). A certificate by the Secretary of State showing service and attached to the copy of the process presented to him or her for that purpose shall be sufficient evidence of the service. Service upon the Secretary of State as attorney shall be service upon the principal.

(b) The Secretary of State shall immediately mail one (1) copy of the court process to the defendant in the court proceeding by first class mail at the defendant's last known principal place of business, and shall keep a record of all process which shall show the day and hour of receipt. The Secretary of State shall file an affidavit showing compliance with this section in the court proceedings on or before the date the defendant is required to appear or respond, unless an extension of time is allowed by the court.

(c) No plaintiff or complainant shall be entitled to a judgment or determination by default in any court proceeding in which process is served under this section until the expiration of forty-five (45) days from the date of filing of the affidavit of compliance.

(d) Nothing contained in this section shall limit or abridge the right to serve any process, notice, order, pleading, or demand upon any person, partnership, association, or corporation in any other manner now or hereafter permitted by law.

Acts 1969, No. 214, § 3; A.S.A. 1947, § 71-2012; Acts 1999, No. 1500, § 5.
Ark. Code Ann. § 17-37-213 — AR Code / Title 17 / Chapter 37 / Subchapter 2 / Section 17-37-213
Agents and solicitors generally
Status: in_force

(a) Each licensed operator shall register with the State Plant Board the name and address of each agent or solicitor and shall pay to the board a registration fee annually for each solicitor and agent at the time of registration. (b) All registrations shall expire when the license expires. (c) In all cases in which a solicitor or agent violates the provisions of this chapter or the rules made under authority of this chapter, the violations shall be grounds for invalidation of the license held by the operator under which the solicitor or agent had been registered. Amended by Act 2019, No. 315,§ 1433, eff. 7/24/2019. Acts 1975, No. 488, § 4; A.S.A. 1947, § 77-1804.

(a) Each licensed operator shall register with the State Plant Board the name and address of each agent or solicitor and shall pay to the board a registration fee annually for each solicitor and agent at the time of registration.

(b) All registrations shall expire when the license expires.

(c) In all cases in which a solicitor or agent violates the provisions of this chapter or the rules made under authority of this chapter, the violations shall be grounds for invalidation of the license held by the operator under which the solicitor or agent had been registered.

Amended by Act 2019, No. 315,§ 1433, eff. 7/24/2019.

Acts 1975, No. 488, § 4; A.S.A. 1947, § 77-1804.
Ark. Code Ann. § 17-19-301 — AR Code / Title 17 / Chapter 19 / Subchapter 3 / Section 17-19-301
Premiums
Status: in_force

(a) (1) Except as provided in this section, the premium or compensation for giving bond or depositing money or property as bail on any bond shall be ten percent (10%), except that the amount may be rounded up to the nearest five-dollar amount. (2) (A) The premium or compensation under subdivision (a)(1) of this section shall be deposited in full prior to release. (B) In no event shall all or a portion of the premium or compensation under subdivision (a)(1) of this section be deposited after release. (3) If property is deposited as bail to meet the premium or compensation under subdivision (a)(1) of this section, appropriate documentation shall be submitted to the court verifying: (A) The value of the property deposited as bail; and (B) That title to the property has been transferred to the surety. (b) The minimum compensation for giving bond or depositing money or property as bail on any bond shall be not less than fifty dollars ($50.00). (c) If a bail bond or appearance bond issued by a licensee under this chapter must be replaced with another bail bond or appearance bond because of the licensee's violation of any provision of the laws of this state or any rule or order of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board, the licensee who violated the provision and who caused the replacement to be required shall pay all the premium amount for the replacement bond, in an amount not to exceed the amount of the original bond, without any contribution from the respective defendant or principal. (d) (1) (A) In addition to the ten-percent bail or appearance bond premium or compensation allowed in subsection (a) of this section, and starting on July 1, 2013, each licensed professional bail bond company, sheriff, or keeper of the jail shall charge and collect as a nonrefundable administrative and regulatory fee for the board an additional ten dollars ($10.00) per bond fee for giving bond for every bail and appearance bond issued by the licensed professional bail bond company by or through its individual licensees, sheriffs, or keepers of the jail. (B) The administrative and regulatory fees payable by these companies to the Bail Bondsman Board Fund for the support and operation of the board, and collected by the bail bond companies, sheriffs, or keepers of the jail as required by this section, shall be reported and filed with the board no later than fifteen (15) calendar days after the end of each calendar quarter, contemporaneous with the professional bail bond company's filing of its quarterly bail bond report with the board. (C) A notarized annual reconciliation of all fees collected in the preceding calendar year for the Bail Bondsman Board Fund shall be filed by each licensed professional bail bond company at a time and on forms prescribed by the board. (D) The Executive Director of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board may grant an extension for good cause shown upon timely written request. (E) The administrative and regulatory fees payable by the bail bond companies, sheriffs, or keepers of the jail to the Bail Bondsman Board Fund shall not exceed ten dollars ($10.00) per bond, as required by this subchapter, exclusive of statutory licensure fees elsewhere in this chapter. (F) Upon collection of the fees and any monetary penalties, the board shall deposit as special revenues: (i) Sufficient fees and penalties directly into the Bail Bondsman Board Fund to provide for the personal services and operating expenses of the board under subsection (g) of this section; and (ii) The remainder of all fees and penalties directly into the Domestic Peace Fund administered by the Arkansas Child Abuse/Rape/Domestic Violence Commission. (2) (A) Absent an extension granted by the executive director for good cause to a company and in addition to any license suspension or revocation, the executive director may order after notice and a hearing a professional bail bond company failing timely to report or pay the regulatory fee to the Bail Bondsman Board Fund by and through the executive director shall be liable to the Bail Bondsman Board Fund for a monetary penalty of one hundred dollars ($100) per day for each day of delinquency. (B) The board may pursue any appropriate legal remedies on behalf of the Bail Bondsman Board Fund to collect any delinquent fees and penalties owed under this section as special revenues to the Bail Bondsman Board Fund. (3) Upon collection of the regulatory fees and any monetary penalties payable to the Bail Bondsman Board Fund and assessed under this section, the executive director shall deposit all fees and penalties directly into the Bail Bondsman Board Fund as special revenues. (4) (A) Upon failure of the bail bond company to remit the fees timely, the board may pursue civil legal remedies against the noncomplying bail bond company on behalf of the Bail Bondsman Board Fund to recover the balance of the fees and any penalties owed. (B) (i) The board may also fine or suspend or revoke the license of any professional bail bond company failing to make a quarterly report or remit or pay timely the fees required by this section. (ii) The board may promulgate rules for enforcement. (5) (A) Other than sole proprietors licensed as professional bail bond companies, individual bail bondsmen are exempt from the duty of payment of the administrative and regulatory fees to the Bail Bondsman Board Fund, except that the individual licenses of individual employees of the professional bail bond company may be suspended or revoked by the board under the administrative procedures provided in this chapter if the individual licensee fails to comply with his or her duties in proper collection of the bail bond premiums earmarked for later payment to the Bail Bondsman Board Fund under this subsection, if he or she converts the moneys to his or her own use, or if he or she commits other infractions in regard to collection of such premium amounts. (B) In those instances, the violations of the individual may in the board's discretion be attributed to the employing professional bail bond company for good cause shown, and the license of the employing professional bail bond company may be sanctioned by the executive director under the administrative procedures provided in this chapter. (C) Further, upon criminal conviction of the individual bondsman for theft of property in connection with fraudulent conversion of those premium amounts due the Bail Bondsman Board Fund, the board shall revoke the individual's license and fine or suspend or revoke the license of the employing professional bail bond company if it assisted the individual in such fraudulent conduct. (6) (A) For purposes of § 17-19-205 requiring the professional bail bond company's deposit of a letter of credit or certificate of deposit for the faithful performance of its duties, the company's payment of the administrative and regulatory fee required by this subsection is the duty of the licensee so as to allow the executive director to make a claim against the security deposit required in § 17-19-205 on behalf of the Bail Bondsman Board Fund for the balance of any owed and unpaid administrative and regulatory fees the professional bail bond company still owes to the Bail Bondsman Board Fund, and the executive director shall promptly make claims against security deposits on behalf of the Bail Bondsman Board Fund, up to the limit of the company's deposit for any remaining fee balance due, in the manner provided in this subchapter for any claim against the deposit required in this subchapter. (B) Deposits held for the Bail Bondsman Board Fund, or fees or any moneys deposited into the Bail Bondsman Board Fund are not subject to any levy or assessment of any kind, including forfeiture claims, misconduct claims, or general creditor claims of the bail bond company, subject to garnishment or other creditors' remedies under Title 16 of this Code or other provisions of Arkansas law. (e) (1) In addition to the premiums, compensation, and fees allowed in subsections (a) and (d) of this section, each sheriff, keeper of the jail, or bail bond company shall charge and collect twenty dollars ($20.00) as a nonrefundable fee for the Arkansas Public Defender Commission. (2) All fees collected shall be forwarded to the board for deposit into the Public Defender User Fee Fund. (3) (A) The Arkansas Public Defender Commission shall deposit the money collected into the existing account within the State Central Services Fund entitled "Public Defender User Fees". (B) (i) Three dollars ($3.00) of each fee collected under this section shall be remitted to each county in the state to defray the operating expenses of each county's public defender office. (ii) The Arkansas Public Defender Commission shall remit quarterly to each county treasurer the county's portion of the fee collected under this section using the formula for the County Aid Fund under § 19-5-602 . (4) The fees collected by the bail bond companies required under this subsection shall be reported and filed with the Arkansas Public Defender Commission quarterly. (5) A notarized annual reconciliation of all fees collected in the preceding calendar year shall be filed by each bail bond company by February 15 on forms provided by the board. (6) In addition to the bail or appearance bond premium or compensation allowed under this section and § 17-19-111 , each licensed professional bail bond company, sheriff, or keeper of the jail shall charge and collect a processing fee of five dollars ($5.00) on each bail bond in order to defray the surety's costs incurred by the quarterly and annual reports to the Arkansas Public Defender Commission and to further defray the surety's costs incurred in the collection of all fees on behalf of the Arkansas Public Defender Commission. (7) The board may pursue any appropriate legal remedy for the collection of any delinquent fees owed under this subsection. (8) Upon collection of any fees and penalties, the board shall forward all fees and penalties to the Arkansas Public Defender Commission for deposit into the Public Defender User Fees Fund account within the State Central Services Fund. (f) (1) In addition to the premiums, compensation, and fees allowed under this chapter, each professional bail bond company, sheriff, keeper of the jail, or person authorized to take bail under § 16-84-102 shall charge and collect as a nonrefundable administrative bail bond fee for the Arkansas Counties Alcohol and Drug Abuse and Crime Prevention Program Fund an additional fee of six dollars ($6.00) per bail bond for giving bond for every bail bond issued by the professional bail bond company by or through its individual licensees, sheriffs, keepers of the jail, or any persons authorized to take bail under § 16-84-102 . (2) The fees and penalties collected under this subsection by a professional bail bond company, sheriff, keeper of the jail, or a person authorized to take bail under § 16-84-102 shall be forwarded to the board for deposit into the Arkansas Counties Alcohol and Drug Abuse and Crime Prevention Program Fund. (3) The board shall deposit the money collected into the existing account within the Arkansas Counties Alcohol and Drug Abuse and Crime Prevention Program Fund to be used for the establishment and operation of alcohol abuse programs, drug abuse programs, crime prevention programs, and other related purposes in the counties. (4) The fees required under this subsection and collected by the bail bond companies, sheriffs, keepers of the jail, or persons authorized to take bail under § 16-84-102 shall be reported quarterly and filed with the board. (5) (A) Within fifteen (15) days after receiving the quarterly fees from the bail bond companies, sheriffs, keepers of the jail, or persons authorized to take bail under § 16-84-102 , the board shall remit the fees collected under this subsection to the Arkansas Sheriffs' Association. (B) The Arkansas Sheriffs' Association is the official organization of sheriffs in this state and is organized and exists under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and §§ 4-28-209 - 4-28-224 . (6) A notarized annual reconciliation of all fees collected in the preceding calendar year shall be filed on forms provided by the board by each professional bail bond company, sheriff, keeper of the jail, or person authorized to take bail under § 16-84-102 by February 15. (7) The Department of Finance and Administration may pursue any appropriate legal remedy for the collection of delinquent fees and penalties owed under this subsection against an entity that has a duty to collect the fee under this subsection. (8) The board shall promulgate rules to suspend, revoke, or take disciplinary action for noncompliance in failure to remit or pay fees under this section or in failure to report under this section. (g) (1) (A) In addition to the premiums and fees allowed under this chapter, each professional bail bond company, sheriff, keeper of the jail, or person authorized to take bail under § 16-84-102 shall charge and collect an additional fee of four dollars ($4.00) per bail bond for every bail bond issued by the professional bail bond company by or through its individual licensees, sheriffs, keepers of the jail, or any persons authorized to take bail under § 16-84-102 . (B) The administrative bail bond fee is nonrefundable and shall be deposited into the Bail Bond Recovery Fund. (2) The fees and penalties collected under this subsection by the professional bail bond company, sheriff, keeper of the jail, or a person authorized to take bail under § 16-84-102 shall be forwarded to the board for deposit into the Bail Bond Recovery Fund. (3) (A) The board shall deposit the money collected into the existing account within the Bail Bond Recovery Fund. (B) Use of the funds from the Bail Bond Recovery Fund shall be for professional bail bond forfeitures. (4) The fees collected by the bail bond company, sheriff, keeper of the jail, or a person authorized to take bail under § 16-84-102 required under this subsection shall be reported quarterly and filed with the board. (5) A notarized annual reconciliation of all fees collected in the preceding calendar year shall be filed on forms provided by the board by each professional bail bond company, sheriff, keeper of the jail, or person authorized to take bail under § 16-84-102 by February 15. (6) The board may pursue any appropriate legal remedy for the collection of delinquent fees and penalties owed under this subsection against an entity that has a duty under this subsection to collect the fee. (7) The board shall promulgate rules to suspend, revoke, or take disciplinary action for noncompliance in failure to remit or pay fees under this section or for failure to report under this section. (h) A sheriff, keeper of the jail, and any bail bond company shall collect fees as required under §§ 14-52-111 , 17-19-111 , 17-19-301 , and 21-6-307 and other fees as required by law. (i) (1) Unless specified otherwise under subsection (e) of this section, the moneys collected by each bail bond company under subsection (e) of this section shall be deposited into the State Treasury to the credit of the Public Defender User Fees Fund within the State Central Services Fund. (2) (A) Of the fee collected by each licensed professional bail bond company, three dollars ($3.00) shall be transferred to the various counties for the sole purpose of defraying the operating expenses of the local public defender's office. (B) The remaining moneys collected shall be used to defray operating expenses of the Arkansas Public Defender Commission. (3) On a quarterly basis, the Arkansas Public Defender Commission shall remit to each county its portion of the three dollars ($3.00) per bail bond fee collected based upon the following formula: (A) Seventy five percent (75%) of the bail bond fee collected shall be distributed equally to all seventy-five (75) counties; and (B) The remaining twenty-five percent (25%) of the bail bond fee collected shall be distributed per capita. Amended by Act 2023, No. 659,§ 238, eff. 1/1/2024. Amended by Act 2019, No. 315,§ 1365, eff. 7/24/2019. Amended by Act 2019, No. 871,§ 18, eff. 7/1/2019. Amended by Act 2013, No. 1283,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 1283,§ 2, eff. 8/16/2013. Acts 1989, No. 417, § 1; 1993, No. 652, § 6; 1995, No. 827, § 6; 1997, No. 1000, §§ 12-14; 2003, No. 1778, § 1; 2005, No. 1956, § 1; 2007, No. 190, § 1; 2007, No. 730, §§ 2, 3.

(a) (1) Except as provided in this section, the premium or compensation for giving bond or depositing money or property as bail on any bond shall be ten percent (10%), except that the amount may be rounded up to the nearest five-dollar amount. (2) (A) The premium or compensation under subdivision (a)(1) of this section shall be deposited in full prior to release. (B) In no event shall all or a portion of the premium or compensation under subdivision (a)(1) of this section be deposited after release. (3) If property is deposited as bail to meet the premium or compensation under subdivision (a)(1) of this section, appropriate documentation shall be submitted to the court verifying: (A) The value of the property deposited as bail; and (B) That title to the property has been transferred to the surety.

(1) Except as provided in this section, the premium or compensation for giving bond or depositing money or property as bail on any bond shall be ten percent (10%), except that the amount may be rounded up to the nearest five-dollar amount.

(2) (A) The premium or compensation under subdivision (a)(1) of this section shall be deposited in full prior to release. (B) In no event shall all or a portion of the premium or compensation under subdivision (a)(1) of this section be deposited after release.

(A) The premium or compensation under subdivision (a)(1) of this section shall be deposited in full prior to release.

(B) In no event shall all or a portion of the premium or compensation under subdivision (a)(1) of this section be deposited after release.

(3) If property is deposited as bail to meet the premium or compensation under subdivision (a)(1) of this section, appropriate documentation shall be submitted to the court verifying: (A) The value of the property deposited as bail; and (B) That title to the property has been transferred to the surety.

(A) The value of the property deposited as bail; and

(B) That title to the property has been transferred to the surety.

(b) The minimum compensation for giving bond or depositing money or property as bail on any bond shall be not less than fifty dollars ($50.00).

(c) If a bail bond or appearance bond issued by a licensee under this chapter must be replaced with another bail bond or appearance bond because of the licensee's violation of any provision of the laws of this state or any rule or order of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board, the licensee who violated the provision and who caused the replacement to be required shall pay all the premium amount for the replacement bond, in an amount not to exceed the amount of the original bond, without any contribution from the respective defendant or principal.

(d) (1) (A) In addition to the ten-percent bail or appearance bond premium or compensation allowed in subsection (a) of this section, and starting on July 1, 2013, each licensed professional bail bond company, sheriff, or keeper of the jail shall charge and collect as a nonrefundable administrative and regulatory fee for the board an additional ten dollars ($10.00) per bond fee for giving bond for every bail and appearance bond issued by the licensed professional bail bond company by or through its individual licensees, sheriffs, or keepers of the jail. (B) The administrative and regulatory fees payable by these companies to the Bail Bondsman Board Fund for the support and operation of the board, and collected by the bail bond companies, sheriffs, or keepers of the jail as required by this section, shall be reported and filed with the board no later than fifteen (15) calendar days after the end of each calendar quarter, contemporaneous with the professional bail bond company's filing of its quarterly bail bond report with the board. (C) A notarized annual reconciliation of all fees collected in the preceding calendar year for the Bail Bondsman Board Fund shall be filed by each licensed professional bail bond company at a time and on forms prescribed by the board. (D) The Executive Director of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board may grant an extension for good cause shown upon timely written request. (E) The administrative and regulatory fees payable by the bail bond companies, sheriffs, or keepers of the jail to the Bail Bondsman Board Fund shall not exceed ten dollars ($10.00) per bond, as required by this subchapter, exclusive of statutory licensure fees elsewhere in this chapter. (F) Upon collection of the fees and any monetary penalties, the board shall deposit as special revenues: (i) Sufficient fees and penalties directly into the Bail Bondsman Board Fund to provide for the personal services and operating expenses of the board under subsection (g) of this section; and (ii) The remainder of all fees and penalties directly into the Domestic Peace Fund administered by the Arkansas Child Abuse/Rape/Domestic Violence Commission. (2) (A) Absent an extension granted by the executive director for good cause to a company and in addition to any license suspension or revocation, the executive director may order after notice and a hearing a professional bail bond company failing timely to report or pay the regulatory fee to the Bail Bondsman Board Fund by and through the executive director shall be liable to the Bail Bondsman Board Fund for a monetary penalty of one hundred dollars ($100) per day for each day of delinquency. (B) The board may pursue any appropriate legal remedies on behalf of the Bail Bondsman Board Fund to collect any delinquent fees and penalties owed under this section as special revenues to the Bail Bondsman Board Fund. (3) Upon collection of the regulatory fees and any monetary penalties payable to the Bail Bondsman Board Fund and assessed under this section, the executive director shall deposit all fees and penalties directly into the Bail Bondsman Board Fund as special revenues. (4) (A) Upon failure of the bail bond company to remit the fees timely, the board may pursue civil legal remedies against the noncomplying bail bond company on behalf of the Bail Bondsman Board Fund to recover the balance of the fees and any penalties owed. (B) (i) The board may also fine or suspend or revoke the license of any professional bail bond company failing to make a quarterly report or remit or pay timely the fees required by this section. (ii) The board may promulgate rules for enforcement. (5) (A) Other than sole proprietors licensed as professional bail bond companies, individual bail bondsmen are exempt from the duty of payment of the administrative and regulatory fees to the Bail Bondsman Board Fund, except that the individual licenses of individual employees of the professional bail bond company may be suspended or revoked by the board under the administrative procedures provided in this chapter if the individual licensee fails to comply with his or her duties in proper collection of the bail bond premiums earmarked for later payment to the Bail Bondsman Board Fund under this subsection, if he or she converts the moneys to his or her own use, or if he or she commits other infractions in regard to collection of such premium amounts. (B) In those instances, the violations of the individual may in the board's discretion be attributed to the employing professional bail bond company for good cause shown, and the license of the employing professional bail bond company may be sanctioned by the executive director under the administrative procedures provided in this chapter. (C) Further, upon criminal conviction of the individual bondsman for theft of property in connection with fraudulent conversion of those premium amounts due the Bail Bondsman Board Fund, the board shall revoke the individual's license and fine or suspend or revoke the license of the employing professional bail bond company if it assisted the individual in such fraudulent conduct. (6) (A) For purposes of § 17-19-205 requiring the professional bail bond company's deposit of a letter of credit or certificate of deposit for the faithful performance of its duties, the company's payment of the administrative and regulatory fee required by this subsection is the duty of the licensee so as to allow the executive director to make a claim against the security deposit required in § 17-19-205 on behalf of the Bail Bondsman Board Fund for the balance of any owed and unpaid administrative and regulatory fees the professional bail bond company still owes to the Bail Bondsman Board Fund, and the executive director shall promptly make claims against security deposits on behalf of the Bail Bondsman Board Fund, up to the limit of the company's deposit for any remaining fee balance due, in the manner provided in this subchapter for any claim against the deposit required in this subchapter. (B) Deposits held for the Bail Bondsman Board Fund, or fees or any moneys deposited into the Bail Bondsman Board Fund are not subject to any levy or assessment of any kind, including forfeiture claims, misconduct claims, or general creditor claims of the bail bond company, subject to garnishment or other creditors' remedies under Title 16 of this Code or other provisions of Arkansas law.

(1) (A) In addition to the ten-percent bail or appearance bond premium or compensation allowed in subsection (a) of this section, and starting on July 1, 2013, each licensed professional bail bond company, sheriff, or keeper of the jail shall charge and collect as a nonrefundable administrative and regulatory fee for the board an additional ten dollars ($10.00) per bond fee for giving bond for every bail and appearance bond issued by the licensed professional bail bond company by or through its individual licensees, sheriffs, or keepers of the jail. (B) The administrative and regulatory fees payable by these companies to the Bail Bondsman Board Fund for the support and operation of the board, and collected by the bail bond companies, sheriffs, or keepers of the jail as required by this section, shall be reported and filed with the board no later than fifteen (15) calendar days after the end of each calendar quarter, contemporaneous with the professional bail bond company's filing of its quarterly bail bond report with the board. (C) A notarized annual reconciliation of all fees collected in the preceding calendar year for the Bail Bondsman Board Fund shall be filed by each licensed professional bail bond company at a time and on forms prescribed by the board. (D) The Executive Director of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board may grant an extension for good cause shown upon timely written request. (E) The administrative and regulatory fees payable by the bail bond companies, sheriffs, or keepers of the jail to the Bail Bondsman Board Fund shall not exceed ten dollars ($10.00) per bond, as required by this subchapter, exclusive of statutory licensure fees elsewhere in this chapter. (F) Upon collection of the fees and any monetary penalties, the board shall deposit as special revenues: (i) Sufficient fees and penalties directly into the Bail Bondsman Board Fund to provide for the personal services and operating expenses of the board under subsection (g) of this section; and (ii) The remainder of all fees and penalties directly into the Domestic Peace Fund administered by the Arkansas Child Abuse/Rape/Domestic Violence Commission.

(A) In addition to the ten-percent bail or appearance bond premium or compensation allowed in subsection (a) of this section, and starting on July 1, 2013, each licensed professional bail bond company, sheriff, or keeper of the jail shall charge and collect as a nonrefundable administrative and regulatory fee for the board an additional ten dollars ($10.00) per bond fee for giving bond for every bail and appearance bond issued by the licensed professional bail bond company by or through its individual licensees, sheriffs, or keepers of the jail.

(B) The administrative and regulatory fees payable by these companies to the Bail Bondsman Board Fund for the support and operation of the board, and collected by the bail bond companies, sheriffs, or keepers of the jail as required by this section, shall be reported and filed with the board no later than fifteen (15) calendar days after the end of each calendar quarter, contemporaneous with the professional bail bond company's filing of its quarterly bail bond report with the board.

(C) A notarized annual reconciliation of all fees collected in the preceding calendar year for the Bail Bondsman Board Fund shall be filed by each licensed professional bail bond company at a time and on forms prescribed by the board.

(D) The Executive Director of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board may grant an extension for good cause shown upon timely written request.

(E) The administrative and regulatory fees payable by the bail bond companies, sheriffs, or keepers of the jail to the Bail Bondsman Board Fund shall not exceed ten dollars ($10.00) per bond, as required by this subchapter, exclusive of statutory licensure fees elsewhere in this chapter.

(F) Upon collection of the fees and any monetary penalties, the board shall deposit as special revenues: (i) Sufficient fees and penalties directly into the Bail Bondsman Board Fund to provide for the personal services and operating expenses of the board under subsection (g) of this section; and (ii) The remainder of all fees and penalties directly into the Domestic Peace Fund administered by the Arkansas Child Abuse/Rape/Domestic Violence Commission.

(i) Sufficient fees and penalties directly into the Bail Bondsman Board Fund to provide for the personal services and operating expenses of the board under subsection (g) of this section; and

(ii) The remainder of all fees and penalties directly into the Domestic Peace Fund administered by the Arkansas Child Abuse/Rape/Domestic Violence Commission.

(2) (A) Absent an extension granted by the executive director for good cause to a company and in addition to any license suspension or revocation, the executive director may order after notice and a hearing a professional bail bond company failing timely to report or pay the regulatory fee to the Bail Bondsman Board Fund by and through the executive director shall be liable to the Bail Bondsman Board Fund for a monetary penalty of one hundred dollars ($100) per day for each day of delinquency. (B) The board may pursue any appropriate legal remedies on behalf of the Bail Bondsman Board Fund to collect any delinquent fees and penalties owed under this section as special revenues to the Bail Bondsman Board Fund.

(A) Absent an extension granted by the executive director for good cause to a company and in addition to any license suspension or revocation, the executive director may order after notice and a hearing a professional bail bond company failing timely to report or pay the regulatory fee to the Bail Bondsman Board Fund by and through the executive director shall be liable to the Bail Bondsman Board Fund for a monetary penalty of one hundred dollars ($100) per day for each day of delinquency.

(B) The board may pursue any appropriate legal remedies on behalf of the Bail Bondsman Board Fund to collect any delinquent fees and penalties owed under this section as special revenues to the Bail Bondsman Board Fund.

(3) Upon collection of the regulatory fees and any monetary penalties payable to the Bail Bondsman Board Fund and assessed under this section, the executive director shall deposit all fees and penalties directly into the Bail Bondsman Board Fund as special revenues.

(4) (A) Upon failure of the bail bond company to remit the fees timely, the board may pursue civil legal remedies against the noncomplying bail bond company on behalf of the Bail Bondsman Board Fund to recover the balance of the fees and any penalties owed. (B) (i) The board may also fine or suspend or revoke the license of any professional bail bond company failing to make a quarterly report or remit or pay timely the fees required by this section. (ii) The board may promulgate rules for enforcement.

(A) Upon failure of the bail bond company to remit the fees timely, the board may pursue civil legal remedies against the noncomplying bail bond company on behalf of the Bail Bondsman Board Fund to recover the balance of the fees and any penalties owed.

(B) (i) The board may also fine or suspend or revoke the license of any professional bail bond company failing to make a quarterly report or remit or pay timely the fees required by this section. (ii) The board may promulgate rules for enforcement.

(i) The board may also fine or suspend or revoke the license of any professional bail bond company failing to make a quarterly report or remit or pay timely the fees required by this section.

(ii) The board may promulgate rules for enforcement.

(5) (A) Other than sole proprietors licensed as professional bail bond companies, individual bail bondsmen are exempt from the duty of payment of the administrative and regulatory fees to the Bail Bondsman Board Fund, except that the individual licenses of individual employees of the professional bail bond company may be suspended or revoked by the board under the administrative procedures provided in this chapter if the individual licensee fails to comply with his or her duties in proper collection of the bail bond premiums earmarked for later payment to the Bail Bondsman Board Fund under this subsection, if he or she converts the moneys to his or her own use, or if he or she commits other infractions in regard to collection of such premium amounts. (B) In those instances, the violations of the individual may in the board's discretion be attributed to the employing professional bail bond company for good cause shown, and the license of the employing professional bail bond company may be sanctioned by the executive director under the administrative procedures provided in this chapter. (C) Further, upon criminal conviction of the individual bondsman for theft of property in connection with fraudulent conversion of those premium amounts due the Bail Bondsman Board Fund, the board shall revoke the individual's license and fine or suspend or revoke the license of the employing professional bail bond company if it assisted the individual in such fraudulent conduct.

(A) Other than sole proprietors licensed as professional bail bond companies, individual bail bondsmen are exempt from the duty of payment of the administrative and regulatory fees to the Bail Bondsman Board Fund, except that the individual licenses of individual employees of the professional bail bond company may be suspended or revoked by the board under the administrative procedures provided in this chapter if the individual licensee fails to comply with his or her duties in proper collection of the bail bond premiums earmarked for later payment to the Bail Bondsman Board Fund under this subsection, if he or she converts the moneys to his or her own use, or if he or she commits other infractions in regard to collection of such premium amounts.

(B) In those instances, the violations of the individual may in the board's discretion be attributed to the employing professional bail bond company for good cause shown, and the license of the employing professional bail bond company may be sanctioned by the executive director under the administrative procedures provided in this chapter.

(C) Further, upon criminal conviction of the individual bondsman for theft of property in connection with fraudulent conversion of those premium amounts due the Bail Bondsman Board Fund, the board shall revoke the individual's license and fine or suspend or revoke the license of the employing professional bail bond company if it assisted the individual in such fraudulent conduct.

(6) (A) For purposes of § 17-19-205 requiring the professional bail bond company's deposit of a letter of credit or certificate of deposit for the faithful performance of its duties, the company's payment of the administrative and regulatory fee required by this subsection is the duty of the licensee so as to allow the executive director to make a claim against the security deposit required in § 17-19-205 on behalf of the Bail Bondsman Board Fund for the balance of any owed and unpaid administrative and regulatory fees the professional bail bond company still owes to the Bail Bondsman Board Fund, and the executive director shall promptly make claims against security deposits on behalf of the Bail Bondsman Board Fund, up to the limit of the company's deposit for any remaining fee balance due, in the manner provided in this subchapter for any claim against the deposit required in this subchapter. (B) Deposits held for the Bail Bondsman Board Fund, or fees or any moneys deposited into the Bail Bondsman Board Fund are not subject to any levy or assessment of any kind, including forfeiture claims, misconduct claims, or general creditor claims of the bail bond company, subject to garnishment or other creditors' remedies under Title 16 of this Code or other provisions of Arkansas law.

(A) For purposes of § 17-19-205 requiring the professional bail bond company's deposit of a letter of credit or certificate of deposit for the faithful performance of its duties, the company's payment of the administrative and regulatory fee required by this subsection is the duty of the licensee so as to allow the executive director to make a claim against the security deposit required in § 17-19-205 on behalf of the Bail Bondsman Board Fund for the balance of any owed and unpaid administrative and regulatory fees the professional bail bond company still owes to the Bail Bondsman Board Fund, and the executive director shall promptly make claims against security deposits on behalf of the Bail Bondsman Board Fund, up to the limit of the company's deposit for any remaining fee balance due, in the manner provided in this subchapter for any claim against the deposit required in this subchapter.

(B) Deposits held for the Bail Bondsman Board Fund, or fees or any moneys deposited into the Bail Bondsman Board Fund are not subject to any levy or assessment of any kind, including forfeiture claims, misconduct claims, or general creditor claims of the bail bond company, subject to garnishment or other creditors' remedies under Title 16 of this Code or other provisions of Arkansas law.

(e) (1) In addition to the premiums, compensation, and fees allowed in subsections (a) and (d) of this section, each sheriff, keeper of the jail, or bail bond company shall charge and collect twenty dollars ($20.00) as a nonrefundable fee for the Arkansas Public Defender Commission. (2) All fees collected shall be forwarded to the board for deposit into the Public Defender User Fee Fund. (3) (A) The Arkansas Public Defender Commission shall deposit the money collected into the existing account within the State Central Services Fund entitled "Public Defender User Fees". (B) (i) Three dollars ($3.00) of each fee collected under this section shall be remitted to each county in the state to defray the operating expenses of each county's public defender office. (ii) The Arkansas Public Defender Commission shall remit quarterly to each county treasurer the county's portion of the fee collected under this section using the formula for the County Aid Fund under § 19-5-602 . (4) The fees collected by the bail bond companies required under this subsection shall be reported and filed with the Arkansas Public Defender Commission quarterly. (5) A notarized annual reconciliation of all fees collected in the preceding calendar year shall be filed by each bail bond company by February 15 on forms provided by the board. (6) In addition to the bail or appearance bond premium or compensation allowed under this section and § 17-19-111 , each licensed professional bail bond company, sheriff, or keeper of the jail shall charge and collect a processing fee of five dollars ($5.00) on each bail bond in order to defray the surety's costs incurred by the quarterly and annual reports to the Arkansas Public Defender Commission and to further defray the surety's costs incurred in the collection of all fees on behalf of the Arkansas Public Defender Commission. (7) The board may pursue any appropriate legal remedy for the collection of any delinquent fees owed under this subsection. (8) Upon collection of any fees and penalties, the board shall forward all fees and penalties to the Arkansas Public Defender Commission for deposit into the Public Defender User Fees Fund account within the State Central Services Fund.

(1) In addition to the premiums, compensation, and fees allowed in subsections (a) and (d) of this section, each sheriff, keeper of the jail, or bail bond company shall charge and collect twenty dollars ($20.00) as a nonrefundable fee for the Arkansas Public Defender Commission.

(2) All fees collected shall be forwarded to the board for deposit into the Public Defender User Fee Fund.

(3) (A) The Arkansas Public Defender Commission shall deposit the money collected into the existing account within the State Central Services Fund entitled "Public Defender User Fees". (B) (i) Three dollars ($3.00) of each fee collected under this section shall be remitted to each county in the state to defray the operating expenses of each county's public defender office. (ii) The Arkansas Public Defender Commission shall remit quarterly to each county treasurer the county's portion of the fee collected under this section using the formula for the County Aid Fund under § 19-5-602 .

(A) The Arkansas Public Defender Commission shall deposit the money collected into the existing account within the State Central Services Fund entitled "Public Defender User Fees".

(B) (i) Three dollars ($3.00) of each fee collected under this section shall be remitted to each county in the state to defray the operating expenses of each county's public defender office. (ii) The Arkansas Public Defender Commission shall remit quarterly to each county treasurer the county's portion of the fee collected under this section using the formula for the County Aid Fund under § 19-5-602 .

(i) Three dollars ($3.00) of each fee collected under this section shall be remitted to each county in the state to defray the operating expenses of each county's public defender office.

(ii) The Arkansas Public Defender Commission shall remit quarterly to each county treasurer the county's portion of the fee collected under this section using the formula for the County Aid Fund under § 19-5-602 .

(4) The fees collected by the bail bond companies required under this subsection shall be reported and filed with the Arkansas Public Defender Commission quarterly.

(5) A notarized annual reconciliation of all fees collected in the preceding calendar year shall be filed by each bail bond company by February 15 on forms provided by the board.

(6) In addition to the bail or appearance bond premium or compensation allowed under this section and § 17-19-111 , each licensed professional bail bond company, sheriff, or keeper of the jail shall charge and collect a processing fee of five dollars ($5.00) on each bail bond in order to defray the surety's costs incurred by the quarterly and annual reports to the Arkansas Public Defender Commission and to further defray the surety's costs incurred in the collection of all fees on behalf of the Arkansas Public Defender Commission.

(7) The board may pursue any appropriate legal remedy for the collection of any delinquent fees owed under this subsection.

(8) Upon collection of any fees and penalties, the board shall forward all fees and penalties to the Arkansas Public Defender Commission for deposit into the Public Defender User Fees Fund account within the State Central Services Fund.

(f) (1) In addition to the premiums, compensation, and fees allowed under this chapter, each professional bail bond company, sheriff, keeper of the jail, or person authorized to take bail under § 16-84-102 shall charge and collect as a nonrefundable administrative bail bond fee for the Arkansas Counties Alcohol and Drug Abuse and Crime Prevention Program Fund an additional fee of six dollars ($6.00) per bail bond for giving bond for every bail bond issued by the professional bail bond company by or through its individual licensees, sheriffs, keepers of the jail, or any persons authorized to take bail under § 16-84-102 . (2) The fees and penalties collected under this subsection by a professional bail bond company, sheriff, keeper of the jail, or a person authorized to take bail under § 16-84-102 shall be forwarded to the board for deposit into the Arkansas Counties Alcohol and Drug Abuse and Crime Prevention Program Fund. (3) The board shall deposit the money collected into the existing account within the Arkansas Counties Alcohol and Drug Abuse and Crime Prevention Program Fund to be used for the establishment and operation of alcohol abuse programs, drug abuse programs, crime prevention programs, and other related purposes in the counties. (4) The fees required under this subsection and collected by the bail bond companies, sheriffs, keepers of the jail, or persons authorized to take bail under § 16-84-102 shall be reported quarterly and filed with the board. (5) (A) Within fifteen (15) days after receiving the quarterly fees from the bail bond companies, sheriffs, keepers of the jail, or persons authorized to take bail under § 16-84-102 , the board shall remit the fees collected under this subsection to the Arkansas Sheriffs' Association. (B) The Arkansas Sheriffs' Association is the official organization of sheriffs in this state and is organized and exists under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and §§ 4-28-209 - 4-28-224 . (6) A notarized annual reconciliation of all fees collected in the preceding calendar year shall be filed on forms provided by the board by each professional bail bond company, sheriff, keeper of the jail, or person authorized to take bail under § 16-84-102 by February 15. (7) The Department of Finance and Administration may pursue any appropriate legal remedy for the collection of delinquent fees and penalties owed under this subsection against an entity that has a duty to collect the fee under this subsection. (8) The board shall promulgate rules to suspend, revoke, or take disciplinary action for noncompliance in failure to remit or pay fees under this section or in failure to report under this section.

(1) In addition to the premiums, compensation, and fees allowed under this chapter, each professional bail bond company, sheriff, keeper of the jail, or person authorized to take bail under § 16-84-102 shall charge and collect as a nonrefundable administrative bail bond fee for the Arkansas Counties Alcohol and Drug Abuse and Crime Prevention Program Fund an additional fee of six dollars ($6.00) per bail bond for giving bond for every bail bond issued by the professional bail bond company by or through its individual licensees, sheriffs, keepers of the jail, or any persons authorized to take bail under § 16-84-102 .

(2) The fees and penalties collected under this subsection by a professional bail bond company, sheriff, keeper of the jail, or a person authorized to take bail under § 16-84-102 shall be forwarded to the board for deposit into the Arkansas Counties Alcohol and Drug Abuse and Crime Prevention Program Fund.

(3) The board shall deposit the money collected into the existing account within the Arkansas Counties Alcohol and Drug Abuse and Crime Prevention Program Fund to be used for the establishment and operation of alcohol abuse programs, drug abuse programs, crime prevention programs, and other related purposes in the counties.

(4) The fees required under this subsection and collected by the bail bond companies, sheriffs, keepers of the jail, or persons authorized to take bail under § 16-84-102 shall be reported quarterly and filed with the board.

(5) (A) Within fifteen (15) days after receiving the quarterly fees from the bail bond companies, sheriffs, keepers of the jail, or persons authorized to take bail under § 16-84-102 , the board shall remit the fees collected under this subsection to the Arkansas Sheriffs' Association. (B) The Arkansas Sheriffs' Association is the official organization of sheriffs in this state and is organized and exists under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and §§ 4-28-209 - 4-28-224 .

(A) Within fifteen (15) days after receiving the quarterly fees from the bail bond companies, sheriffs, keepers of the jail, or persons authorized to take bail under § 16-84-102 , the board shall remit the fees collected under this subsection to the Arkansas Sheriffs' Association.

(B) The Arkansas Sheriffs' Association is the official organization of sheriffs in this state and is organized and exists under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and §§ 4-28-209 - 4-28-224 .

(6) A notarized annual reconciliation of all fees collected in the preceding calendar year shall be filed on forms provided by the board by each professional bail bond company, sheriff, keeper of the jail, or person authorized to take bail under § 16-84-102 by February 15.

(7) The Department of Finance and Administration may pursue any appropriate legal remedy for the collection of delinquent fees and penalties owed under this subsection against an entity that has a duty to collect the fee under this subsection.

(8) The board shall promulgate rules to suspend, revoke, or take disciplinary action for noncompliance in failure to remit or pay fees under this section or in failure to report under this section.

(g) (1) (A) In addition to the premiums and fees allowed under this chapter, each professional bail bond company, sheriff, keeper of the jail, or person authorized to take bail under § 16-84-102 shall charge and collect an additional fee of four dollars ($4.00) per bail bond for every bail bond issued by the professional bail bond company by or through its individual licensees, sheriffs, keepers of the jail, or any persons authorized to take bail under § 16-84-102 . (B) The administrative bail bond fee is nonrefundable and shall be deposited into the Bail Bond Recovery Fund. (2) The fees and penalties collected under this subsection by the professional bail bond company, sheriff, keeper of the jail, or a person authorized to take bail under § 16-84-102 shall be forwarded to the board for deposit into the Bail Bond Recovery Fund. (3) (A) The board shall deposit the money collected into the existing account within the Bail Bond Recovery Fund. (B) Use of the funds from the Bail Bond Recovery Fund shall be for professional bail bond forfeitures. (4) The fees collected by the bail bond company, sheriff, keeper of the jail, or a person authorized to take bail under § 16-84-102 required under this subsection shall be reported quarterly and filed with the board. (5) A notarized annual reconciliation of all fees collected in the preceding calendar year shall be filed on forms provided by the board by each professional bail bond company, sheriff, keeper of the jail, or person authorized to take bail under § 16-84-102 by February 15. (6) The board may pursue any appropriate legal remedy for the collection of delinquent fees and penalties owed under this subsection against an entity that has a duty under this subsection to collect the fee. (7) The board shall promulgate rules to suspend, revoke, or take disciplinary action for noncompliance in failure to remit or pay fees under this section or for failure to report under this section.

(1) (A) In addition to the premiums and fees allowed under this chapter, each professional bail bond company, sheriff, keeper of the jail, or person authorized to take bail under § 16-84-102 shall charge and collect an additional fee of four dollars ($4.00) per bail bond for every bail bond issued by the professional bail bond company by or through its individual licensees, sheriffs, keepers of the jail, or any persons authorized to take bail under § 16-84-102 . (B) The administrative bail bond fee is nonrefundable and shall be deposited into the Bail Bond Recovery Fund.

(A) In addition to the premiums and fees allowed under this chapter, each professional bail bond company, sheriff, keeper of the jail, or person authorized to take bail under § 16-84-102 shall charge and collect an additional fee of four dollars ($4.00) per bail bond for every bail bond issued by the professional bail bond company by or through its individual licensees, sheriffs, keepers of the jail, or any persons authorized to take bail under § 16-84-102 .

(B) The administrative bail bond fee is nonrefundable and shall be deposited into the Bail Bond Recovery Fund.

(2) The fees and penalties collected under this subsection by the professional bail bond company, sheriff, keeper of the jail, or a person authorized to take bail under § 16-84-102 shall be forwarded to the board for deposit into the Bail Bond Recovery Fund.

(3) (A) The board shall deposit the money collected into the existing account within the Bail Bond Recovery Fund. (B) Use of the funds from the Bail Bond Recovery Fund shall be for professional bail bond forfeitures.

(A) The board shall deposit the money collected into the existing account within the Bail Bond Recovery Fund.

(B) Use of the funds from the Bail Bond Recovery Fund shall be for professional bail bond forfeitures.

(4) The fees collected by the bail bond company, sheriff, keeper of the jail, or a person authorized to take bail under § 16-84-102 required under this subsection shall be reported quarterly and filed with the board.

(5) A notarized annual reconciliation of all fees collected in the preceding calendar year shall be filed on forms provided by the board by each professional bail bond company, sheriff, keeper of the jail, or person authorized to take bail under § 16-84-102 by February 15.

(6) The board may pursue any appropriate legal remedy for the collection of delinquent fees and penalties owed under this subsection against an entity that has a duty under this subsection to collect the fee.

(7) The board shall promulgate rules to suspend, revoke, or take disciplinary action for noncompliance in failure to remit or pay fees under this section or for failure to report under this section.

(h) A sheriff, keeper of the jail, and any bail bond company shall collect fees as required under §§ 14-52-111 , 17-19-111 , 17-19-301 , and 21-6-307 and other fees as required by law.

(i) (1) Unless specified otherwise under subsection (e) of this section, the moneys collected by each bail bond company under subsection (e) of this section shall be deposited into the State Treasury to the credit of the Public Defender User Fees Fund within the State Central Services Fund. (2) (A) Of the fee collected by each licensed professional bail bond company, three dollars ($3.00) shall be transferred to the various counties for the sole purpose of defraying the operating expenses of the local public defender's office. (B) The remaining moneys collected shall be used to defray operating expenses of the Arkansas Public Defender Commission. (3) On a quarterly basis, the Arkansas Public Defender Commission shall remit to each county its portion of the three dollars ($3.00) per bail bond fee collected based upon the following formula: (A) Seventy five percent (75%) of the bail bond fee collected shall be distributed equally to all seventy-five (75) counties; and (B) The remaining twenty-five percent (25%) of the bail bond fee collected shall be distributed per capita.

(1) Unless specified otherwise under subsection (e) of this section, the moneys collected by each bail bond company under subsection (e) of this section shall be deposited into the State Treasury to the credit of the Public Defender User Fees Fund within the State Central Services Fund.

(2) (A) Of the fee collected by each licensed professional bail bond company, three dollars ($3.00) shall be transferred to the various counties for the sole purpose of defraying the operating expenses of the local public defender's office. (B) The remaining moneys collected shall be used to defray operating expenses of the Arkansas Public Defender Commission.

(A) Of the fee collected by each licensed professional bail bond company, three dollars ($3.00) shall be transferred to the various counties for the sole purpose of defraying the operating expenses of the local public defender's office.

(B) The remaining moneys collected shall be used to defray operating expenses of the Arkansas Public Defender Commission.

(3) On a quarterly basis, the Arkansas Public Defender Commission shall remit to each county its portion of the three dollars ($3.00) per bail bond fee collected based upon the following formula: (A) Seventy five percent (75%) of the bail bond fee collected shall be distributed equally to all seventy-five (75) counties; and (B) The remaining twenty-five percent (25%) of the bail bond fee collected shall be distributed per capita.

(A) Seventy five percent (75%) of the bail bond fee collected shall be distributed equally to all seventy-five (75) counties; and

(B) The remaining twenty-five percent (25%) of the bail bond fee collected shall be distributed per capita.

Amended by Act 2023, No. 659,§ 238, eff. 1/1/2024.

Amended by Act 2019, No. 315,§ 1365, eff. 7/24/2019.

Amended by Act 2019, No. 871,§ 18, eff. 7/1/2019.

Amended by Act 2013, No. 1283,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 1283,§ 2, eff. 8/16/2013.

Acts 1989, No. 417, § 1; 1993, No. 652, § 6; 1995, No. 827, § 6; 1997, No. 1000, §§ 12-14; 2003, No. 1778, § 1; 2005, No. 1956, § 1; 2007, No. 190, § 1; 2007, No. 730, §§ 2, 3.
Ark. Code Ann. § 17-107-303 — AR Code / Title 17 / Chapter 107 / Subchapter 3 / Section 17-107-303
Prosthetists
Status: in_force

(a) An applicant for a license to practice prosthetics shall submit to the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board written evidence verified by oath that the applicant: (1) Possesses a baccalaureate degree or has completed semester hours equivalent to four (4) years of study at a four-year college or university; (2) Has completed a prosthetic education program; (3) Has completed a clinical residency in prosthetics; (4) Is qualified to practice in accordance with commonly accepted standards of prosthetic care; and (5) Satisfies any other requirements established by the board that are reasonably related to the practice of prosthetics. (b) The board may issue a license to practice prosthetics to an applicant: (1) By examination, if the applicant passes an examination approved by the board; or (2) By endorsement, if the applicant has been licensed as a prosthetist under the laws of another state, territory, or foreign country and meets the qualifications required of prosthetists in this state. Acts 2007, No. 174, § 1.

(a) An applicant for a license to practice prosthetics shall submit to the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board written evidence verified by oath that the applicant: (1) Possesses a baccalaureate degree or has completed semester hours equivalent to four (4) years of study at a four-year college or university; (2) Has completed a prosthetic education program; (3) Has completed a clinical residency in prosthetics; (4) Is qualified to practice in accordance with commonly accepted standards of prosthetic care; and (5) Satisfies any other requirements established by the board that are reasonably related to the practice of prosthetics.

(1) Possesses a baccalaureate degree or has completed semester hours equivalent to four (4) years of study at a four-year college or university;

(2) Has completed a prosthetic education program;

(3) Has completed a clinical residency in prosthetics;

(4) Is qualified to practice in accordance with commonly accepted standards of prosthetic care; and

(5) Satisfies any other requirements established by the board that are reasonably related to the practice of prosthetics.

(b) The board may issue a license to practice prosthetics to an applicant: (1) By examination, if the applicant passes an examination approved by the board; or (2) By endorsement, if the applicant has been licensed as a prosthetist under the laws of another state, territory, or foreign country and meets the qualifications required of prosthetists in this state.

(1) By examination, if the applicant passes an examination approved by the board; or

(2) By endorsement, if the applicant has been licensed as a prosthetist under the laws of another state, territory, or foreign country and meets the qualifications required of prosthetists in this state.

Acts 2007, No. 174, § 1.
Ark. Code Ann. § 17-92-317 — AR Code / Title 17 / Chapter 92 / Subchapter 3 / Section 17-92-317
Criminal background check
Status: in_force

(a) (1) Each applicant for a new intern or pharmacist license or a new or reinstated registration as a pharmacy technician issued by the Arkansas State Board of Pharmacy shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check, to be conducted by the Federal Bureau of Investigation. (2) However, the board may authorize the criminal background check obtained for a license or registration to be used for a subsequent application for another new license or registration issued by the board for a designated time period after the date of the original license or registration. (b) The criminal background check shall conform to the applicable federal standards as in effect on January 1, 2003, and shall include the taking of fingerprints. (c) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check. (d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all information obtained concerning the commission by the applicant of any offense listed in subsection (e) of this section. (e) Notwithstanding the provisions of § 17-1-103 , a person is not eligible to receive or hold an intern or pharmacist license or pharmacy technician registration issued by the board if that person has pleaded guilty or nolo contendere to, or has been found guilty of, any of the following offenses, regardless of whether an adjudication of guilt or sentencing or imposition of sentence is withheld, by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court: (1) Any felony listed under § 17-3-102 ; (2) Any act involving gross immorality, dishonesty, or which is related to the qualifications, functions, and duties of a person holding the license or registration; or (3) Any violation of Arkansas pharmacy or drug law or rules, including, but not limited to, this chapter, the Uniform Controlled Substances Act, § 5-64-101 et seq., and the Food, Drug, and Cosmetic Act, § 20-56-201 et seq. (f) (1) (A) The board may issue a nonrenewable provisional license or registration pending the results of the criminal background check. (B) The nonrenewable provisional license or registration shall be valid for no more than six (6) months. (2) Upon receipt of information from the Identification Bureau of the Division of Arkansas State Police that the person holding the nonrenewable provisional license or registration has pleaded guilty or nolo contendere to, or has been found guilty of, any offense under subsection (e) of this section, the board shall immediately revoke the nonrenewable provisional license or registration. (g) (1) The provisions of subsection (e) of this section and subdivision (f)(2) of this section may be waived by the board upon the request of: (A) An affected applicant for licensure or registration; or (B) The person holding a license or registration subject to revocation. (2) Circumstances for which a waiver may be granted shall include, but not be limited to: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the public health, safety, or welfare. (h) (1) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by: (A) The affected applicant or the applicant's authorized representative; or (B) The person whose license or registration is subject to revocation or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the division. (i) Only information pertaining to the person making the request may be made available to the affected applicant or the person whose license or registration is subject to revocation. (j) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the criminal background check. (k) The board shall adopt the necessary rules to fully implement the provisions of this section. Amended by Act 2019, No. 315,§ 1583, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1582, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 91, eff. 7/24/2019. Amended by Act 2015, No. 532,§ 1, eff. 7/22/2015. Acts 2003, No. 1092, § 3.

(a) (1) Each applicant for a new intern or pharmacist license or a new or reinstated registration as a pharmacy technician issued by the Arkansas State Board of Pharmacy shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check, to be conducted by the Federal Bureau of Investigation. (2) However, the board may authorize the criminal background check obtained for a license or registration to be used for a subsequent application for another new license or registration issued by the board for a designated time period after the date of the original license or registration.

(1) Each applicant for a new intern or pharmacist license or a new or reinstated registration as a pharmacy technician issued by the Arkansas State Board of Pharmacy shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check, to be conducted by the Federal Bureau of Investigation.

(2) However, the board may authorize the criminal background check obtained for a license or registration to be used for a subsequent application for another new license or registration issued by the board for a designated time period after the date of the original license or registration.

(b) The criminal background check shall conform to the applicable federal standards as in effect on January 1, 2003, and shall include the taking of fingerprints.

(c) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check.

(d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all information obtained concerning the commission by the applicant of any offense listed in subsection (e) of this section.

(e) Notwithstanding the provisions of § 17-1-103 , a person is not eligible to receive or hold an intern or pharmacist license or pharmacy technician registration issued by the board if that person has pleaded guilty or nolo contendere to, or has been found guilty of, any of the following offenses, regardless of whether an adjudication of guilt or sentencing or imposition of sentence is withheld, by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court: (1) Any felony listed under § 17-3-102 ; (2) Any act involving gross immorality, dishonesty, or which is related to the qualifications, functions, and duties of a person holding the license or registration; or (3) Any violation of Arkansas pharmacy or drug law or rules, including, but not limited to, this chapter, the Uniform Controlled Substances Act, § 5-64-101 et seq., and the Food, Drug, and Cosmetic Act, § 20-56-201 et seq.

(1) Any felony listed under § 17-3-102 ;

(2) Any act involving gross immorality, dishonesty, or which is related to the qualifications, functions, and duties of a person holding the license or registration; or

(3) Any violation of Arkansas pharmacy or drug law or rules, including, but not limited to, this chapter, the Uniform Controlled Substances Act, § 5-64-101 et seq., and the Food, Drug, and Cosmetic Act, § 20-56-201 et seq.

(f) (1) (A) The board may issue a nonrenewable provisional license or registration pending the results of the criminal background check. (B) The nonrenewable provisional license or registration shall be valid for no more than six (6) months. (2) Upon receipt of information from the Identification Bureau of the Division of Arkansas State Police that the person holding the nonrenewable provisional license or registration has pleaded guilty or nolo contendere to, or has been found guilty of, any offense under subsection (e) of this section, the board shall immediately revoke the nonrenewable provisional license or registration.

(1) (A) The board may issue a nonrenewable provisional license or registration pending the results of the criminal background check. (B) The nonrenewable provisional license or registration shall be valid for no more than six (6) months.

(A) The board may issue a nonrenewable provisional license or registration pending the results of the criminal background check.

(B) The nonrenewable provisional license or registration shall be valid for no more than six (6) months.

(2) Upon receipt of information from the Identification Bureau of the Division of Arkansas State Police that the person holding the nonrenewable provisional license or registration has pleaded guilty or nolo contendere to, or has been found guilty of, any offense under subsection (e) of this section, the board shall immediately revoke the nonrenewable provisional license or registration.

(g) (1) The provisions of subsection (e) of this section and subdivision (f)(2) of this section may be waived by the board upon the request of: (A) An affected applicant for licensure or registration; or (B) The person holding a license or registration subject to revocation. (2) Circumstances for which a waiver may be granted shall include, but not be limited to: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the public health, safety, or welfare.

(1) The provisions of subsection (e) of this section and subdivision (f)(2) of this section may be waived by the board upon the request of: (A) An affected applicant for licensure or registration; or (B) The person holding a license or registration subject to revocation.

(A) An affected applicant for licensure or registration; or

(B) The person holding a license or registration subject to revocation.

(2) Circumstances for which a waiver may be granted shall include, but not be limited to: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the public health, safety, or welfare.

(A) The age at which the crime was committed;

(B) The circumstances surrounding the crime;

(C) The length of time since the crime;

(D) Subsequent work history;

(E) Employment references;

(F) Character references; and

(G) Other evidence demonstrating that the applicant does not pose a threat to the public health, safety, or welfare.

(h) (1) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by: (A) The affected applicant or the applicant's authorized representative; or (B) The person whose license or registration is subject to revocation or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the division.

(1) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by: (A) The affected applicant or the applicant's authorized representative; or (B) The person whose license or registration is subject to revocation or his or her authorized representative.

(A) The affected applicant or the applicant's authorized representative; or

(B) The person whose license or registration is subject to revocation or his or her authorized representative.

(2) No record, file, or document shall be removed from the custody of the division.

(i) Only information pertaining to the person making the request may be made available to the affected applicant or the person whose license or registration is subject to revocation.

(j) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the criminal background check.

(k) The board shall adopt the necessary rules to fully implement the provisions of this section.

Amended by Act 2019, No. 315,§ 1583, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1582, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 91, eff. 7/24/2019.

Amended by Act 2015, No. 532,§ 1, eff. 7/22/2015.

Acts 2003, No. 1092, § 3.
Ark. Code Ann. § 17-93-503 — AR Code / Title 17 / Chapter 93 / Subchapter 5 / Section 17-93-503
Disclosure of personal information
Status: in_force

(a) In reporting information to the coordinated database and reporting system under the Physical Therapy Licensure Compact, the Arkansas State Board of Physical Therapy may disclose personally identifiable information about a physical therapist or physical therapist assistant, including the Social Security number of the individual. (b) The coordinated database and reporting system shall not share personally identifiable information with a state that is not a party to the compact unless the state agrees to not disclose that information to any other person. Added by Act 2019, No. 313,§ 1, eff. 7/24/2019.

(a) In reporting information to the coordinated database and reporting system under the Physical Therapy Licensure Compact, the Arkansas State Board of Physical Therapy may disclose personally identifiable information about a physical therapist or physical therapist assistant, including the Social Security number of the individual.

(b) The coordinated database and reporting system shall not share personally identifiable information with a state that is not a party to the compact unless the state agrees to not disclose that information to any other person.

Added by Act 2019, No. 313,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 17-1-108 — AR Code / Title 17 / Chapter 1 / Section 17-1-108
Expedited temporary and provisional licensure - Legislative intent - Definitions
Status: in_force

(a) (1) It is the intent of the General Assembly to ensure that an individual may be credentialed to work in Arkansas if he or she generally demonstrates the skills and ethics required by state law based on the individual's experience and credentials in another state. (2) It is not the intent of the General Assembly to cause the licensing entity to engage in simple comparisons of the required hours of training and other personal qualifications under Arkansas's occupational licensing statutes with those qualifications required in the state where the individual is credentialed. (b) As used in this section: (1) "Individual" means a natural person, firm, association, partnership, corporation, or other entity that may hold an occupational license; (2) "Occupational licensing entity" means an office, board, commission, committee, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession; and (3) "Occupational license" means a license, certificate, registration, permit, or other form of authorization required by law or rule that is required for an individual to engage in a particular occupation or profession. (c) An occupational licensing entity shall by rule adopt the least restrictive requirements for an occupational license for an individual who: (1) Demonstrates that he or she: (A) Holds an occupational license that is substantially similar to practice in the field of his or her occupation or profession in another state, territory, or district of the United States; (B) Holds his or her occupational license in good standing; (C) Has not had his or her occupational license revoked for: (i) An act of bad faith; or (ii) A violation of law, rule, or ethics; (D) Is not holding a suspended or probationary occupational license in any state, territory, or district of the United States; and (E) Is sufficiently competent in his or her field; and (2) Pays any occupational license fee required by law or rule. (d) (1) (A) An occupational licensing entity shall comply with the requirements under subsection (c) of this section by adopting the least restrictive rule that allows for reciprocity or licensure by endorsement. (B) The rule adopted under subdivision (d)(1)(A) of this section shall provide the procedure by which an occupational licensing entity shall grant a temporary and provisional occupational license for ninety (90) days or longer to an individual under subsection (c) of this section if presented with evidence of a current and active occupational license that is substantially similar to practice in the field of his or her occupation or profession in another state, territory, or district of the United States. (2) If a state, territory, or district of the United States does not require an occupational license for a profession that requires an occupational license in this state, an occupational licensing entity shall adopt a rule that is least restrictive to permit an individual who is sufficiently competent in his or her field to obtain an occupational license for that occupation or profession in this state. (3) The occupational licensing entity may require additional state-specific education for an individual with an occupational license in another state, territory, or district of the United States that does not offer reciprocity similar to reciprocity under this section to individuals with an occupational license in this state. (e) (1) Except as provided under subdivision (e)(2) of this section, an occupational licensing entity shall not require an individual who meets the requirements of subsection (c) of this section to participate in the apprenticeship, education, or training required as a prerequisite to occupational license of a new professional in the field. (2) The occupational licensing entity may require the individual to participate in continuing education or training if the continuing education or training is required for all professionals in the field to maintain the occupational license. (f) If a criminal background check is required of an applicant for an initial occupational license or of an individual currently holding an occupational license, then the occupational licensing entity may require an individual seeking his or her occupational license under this section to meet the same criminal background check requirements as the applicant for an initial occupational license or as the individual currently holding an occupational license. (g) The occupational licensing entity may require the individual applying for an occupational license under this section to meet any bonding, financial statement, or insurance requirements that are applicable to all applicants. (h) This section shall not apply to: (1) Reciprocity or license by endorsement provisions under §§ 17-12-308 , 17-26-315 , 17-27-308 , 17-28-306 , 17-31-308 , 17-36-304 , 17-42-305 , 17-43-307 , 17-83-305 , 17-88-305 , 17-89-305 , 17-90-302 , 17-92-114 , 17-92-308 , 17-93-414 , 17-97-306 , 17-99-304 , 17-100-304 , and 17-103-302 ; or (2) The occupational licensing entities that administer the reciprocity provisions under subdivision (h)(1) of this section. (i) An occupational licensing entity may enter into written agreements with similar occupational licensing entities of another state, territory, or district of the United States as necessary to assure that licensees in this state have comparable nonresident licensing opportunities as those opportunities available to nonresidents by occupational licensing entities in this state. Amended by Act 2019, No. 1011,§ 2, eff. 7/24/2019. Added by Act 2019, No. 426,§ 3, eff. 7/24/2019.

(a) (1) It is the intent of the General Assembly to ensure that an individual may be credentialed to work in Arkansas if he or she generally demonstrates the skills and ethics required by state law based on the individual's experience and credentials in another state. (2) It is not the intent of the General Assembly to cause the licensing entity to engage in simple comparisons of the required hours of training and other personal qualifications under Arkansas's occupational licensing statutes with those qualifications required in the state where the individual is credentialed.

(1) It is the intent of the General Assembly to ensure that an individual may be credentialed to work in Arkansas if he or she generally demonstrates the skills and ethics required by state law based on the individual's experience and credentials in another state.

(2) It is not the intent of the General Assembly to cause the licensing entity to engage in simple comparisons of the required hours of training and other personal qualifications under Arkansas's occupational licensing statutes with those qualifications required in the state where the individual is credentialed.

(b) As used in this section: (1) "Individual" means a natural person, firm, association, partnership, corporation, or other entity that may hold an occupational license; (2) "Occupational licensing entity" means an office, board, commission, committee, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession; and (3) "Occupational license" means a license, certificate, registration, permit, or other form of authorization required by law or rule that is required for an individual to engage in a particular occupation or profession.

(1) "Individual" means a natural person, firm, association, partnership, corporation, or other entity that may hold an occupational license;

(2) "Occupational licensing entity" means an office, board, commission, committee, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession; and

(3) "Occupational license" means a license, certificate, registration, permit, or other form of authorization required by law or rule that is required for an individual to engage in a particular occupation or profession.

(c) An occupational licensing entity shall by rule adopt the least restrictive requirements for an occupational license for an individual who: (1) Demonstrates that he or she: (A) Holds an occupational license that is substantially similar to practice in the field of his or her occupation or profession in another state, territory, or district of the United States; (B) Holds his or her occupational license in good standing; (C) Has not had his or her occupational license revoked for: (i) An act of bad faith; or (ii) A violation of law, rule, or ethics; (D) Is not holding a suspended or probationary occupational license in any state, territory, or district of the United States; and (E) Is sufficiently competent in his or her field; and (2) Pays any occupational license fee required by law or rule.

(1) Demonstrates that he or she: (A) Holds an occupational license that is substantially similar to practice in the field of his or her occupation or profession in another state, territory, or district of the United States; (B) Holds his or her occupational license in good standing; (C) Has not had his or her occupational license revoked for: (i) An act of bad faith; or (ii) A violation of law, rule, or ethics; (D) Is not holding a suspended or probationary occupational license in any state, territory, or district of the United States; and (E) Is sufficiently competent in his or her field; and

(A) Holds an occupational license that is substantially similar to practice in the field of his or her occupation or profession in another state, territory, or district of the United States;

(B) Holds his or her occupational license in good standing;

(C) Has not had his or her occupational license revoked for: (i) An act of bad faith; or (ii) A violation of law, rule, or ethics;

(i) An act of bad faith; or

(ii) A violation of law, rule, or ethics;

(D) Is not holding a suspended or probationary occupational license in any state, territory, or district of the United States; and

(E) Is sufficiently competent in his or her field; and

(2) Pays any occupational license fee required by law or rule.

(d) (1) (A) An occupational licensing entity shall comply with the requirements under subsection (c) of this section by adopting the least restrictive rule that allows for reciprocity or licensure by endorsement. (B) The rule adopted under subdivision (d)(1)(A) of this section shall provide the procedure by which an occupational licensing entity shall grant a temporary and provisional occupational license for ninety (90) days or longer to an individual under subsection (c) of this section if presented with evidence of a current and active occupational license that is substantially similar to practice in the field of his or her occupation or profession in another state, territory, or district of the United States. (2) If a state, territory, or district of the United States does not require an occupational license for a profession that requires an occupational license in this state, an occupational licensing entity shall adopt a rule that is least restrictive to permit an individual who is sufficiently competent in his or her field to obtain an occupational license for that occupation or profession in this state. (3) The occupational licensing entity may require additional state-specific education for an individual with an occupational license in another state, territory, or district of the United States that does not offer reciprocity similar to reciprocity under this section to individuals with an occupational license in this state.

(1) (A) An occupational licensing entity shall comply with the requirements under subsection (c) of this section by adopting the least restrictive rule that allows for reciprocity or licensure by endorsement. (B) The rule adopted under subdivision (d)(1)(A) of this section shall provide the procedure by which an occupational licensing entity shall grant a temporary and provisional occupational license for ninety (90) days or longer to an individual under subsection (c) of this section if presented with evidence of a current and active occupational license that is substantially similar to practice in the field of his or her occupation or profession in another state, territory, or district of the United States.

(A) An occupational licensing entity shall comply with the requirements under subsection (c) of this section by adopting the least restrictive rule that allows for reciprocity or licensure by endorsement.

(B) The rule adopted under subdivision (d)(1)(A) of this section shall provide the procedure by which an occupational licensing entity shall grant a temporary and provisional occupational license for ninety (90) days or longer to an individual under subsection (c) of this section if presented with evidence of a current and active occupational license that is substantially similar to practice in the field of his or her occupation or profession in another state, territory, or district of the United States.

(2) If a state, territory, or district of the United States does not require an occupational license for a profession that requires an occupational license in this state, an occupational licensing entity shall adopt a rule that is least restrictive to permit an individual who is sufficiently competent in his or her field to obtain an occupational license for that occupation or profession in this state.

(3) The occupational licensing entity may require additional state-specific education for an individual with an occupational license in another state, territory, or district of the United States that does not offer reciprocity similar to reciprocity under this section to individuals with an occupational license in this state.

(e) (1) Except as provided under subdivision (e)(2) of this section, an occupational licensing entity shall not require an individual who meets the requirements of subsection (c) of this section to participate in the apprenticeship, education, or training required as a prerequisite to occupational license of a new professional in the field. (2) The occupational licensing entity may require the individual to participate in continuing education or training if the continuing education or training is required for all professionals in the field to maintain the occupational license.

(1) Except as provided under subdivision (e)(2) of this section, an occupational licensing entity shall not require an individual who meets the requirements of subsection (c) of this section to participate in the apprenticeship, education, or training required as a prerequisite to occupational license of a new professional in the field.

(2) The occupational licensing entity may require the individual to participate in continuing education or training if the continuing education or training is required for all professionals in the field to maintain the occupational license.

(f) If a criminal background check is required of an applicant for an initial occupational license or of an individual currently holding an occupational license, then the occupational licensing entity may require an individual seeking his or her occupational license under this section to meet the same criminal background check requirements as the applicant for an initial occupational license or as the individual currently holding an occupational license.

(g) The occupational licensing entity may require the individual applying for an occupational license under this section to meet any bonding, financial statement, or insurance requirements that are applicable to all applicants.

(h) This section shall not apply to: (1) Reciprocity or license by endorsement provisions under §§ 17-12-308 , 17-26-315 , 17-27-308 , 17-28-306 , 17-31-308 , 17-36-304 , 17-42-305 , 17-43-307 , 17-83-305 , 17-88-305 , 17-89-305 , 17-90-302 , 17-92-114 , 17-92-308 , 17-93-414 , 17-97-306 , 17-99-304 , 17-100-304 , and 17-103-302 ; or (2) The occupational licensing entities that administer the reciprocity provisions under subdivision (h)(1) of this section.

(1) Reciprocity or license by endorsement provisions under §§ 17-12-308 , 17-26-315 , 17-27-308 , 17-28-306 , 17-31-308 , 17-36-304 , 17-42-305 , 17-43-307 , 17-83-305 , 17-88-305 , 17-89-305 , 17-90-302 , 17-92-114 , 17-92-308 , 17-93-414 , 17-97-306 , 17-99-304 , 17-100-304 , and 17-103-302 ; or

(2) The occupational licensing entities that administer the reciprocity provisions under subdivision (h)(1) of this section.

(i) An occupational licensing entity may enter into written agreements with similar occupational licensing entities of another state, territory, or district of the United States as necessary to assure that licensees in this state have comparable nonresident licensing opportunities as those opportunities available to nonresidents by occupational licensing entities in this state.

Amended by Act 2019, No. 1011,§ 2, eff. 7/24/2019.

Added by Act 2019, No. 426,§ 3, eff. 7/24/2019.
Ark. Code Ann. § 17-21-205 — AR Code / Title 17 / Chapter 21 / Subchapter 2 / Section 17-21-205
Denial, suspension, revocation of registration
Status: in_force

The Secretary of the Department of Finance and Administration may deny, suspend, or revoke a registration for: (1) A violation of any of the provisions of this chapter; or (2) The making of a false statement on the registration application form. Amended by Act 2019, No. 910,§ 3423, eff. 7/1/2019. Acts 1991, No. 101, § 4.

The Secretary of the Department of Finance and Administration may deny, suspend, or revoke a registration for:

(1) A violation of any of the provisions of this chapter; or

(2) The making of a false statement on the registration application form.

Amended by Act 2019, No. 910,§ 3423, eff. 7/1/2019.

Acts 1991, No. 101, § 4.
Ark. Code Ann. § 17-12-502 — AR Code / Title 17 / Chapter 12 / Subchapter 5 / Section 17-12-502
Continuing education requirement
Status: in_force

(a) Every application for renewal of a license by any person who holds a certificate as a certified public accountant or registration as a public accountant shall be accompanied or supported by such evidence as the Arkansas State Board of Public Accountancy shall prescribe, documenting completion of forty (40) hours of acceptable continuing education, approved by the board, during the twelve-month period immediately preceding the expiration date of the license, or one hundred twenty (120) hours of acceptable continuing education approved by the board, during the thirty-six-month period immediately preceding the expiration date of the license. (b) Failure by an applicant for renewal of a license to furnish such evidence shall constitute grounds for revocation, suspension, or refusal to issue or renew such a license in a proceeding under § 17-12-601 unless the board in its discretion shall determine the failure to have been due to reasonable cause. (c) The board in its discretion may renew a license despite failure to furnish evidence of satisfaction of requirements of continuing education and may renew a license to an applicant who has previously maintained inactive status under § 17-12-505 upon the condition that the applicant follow a particular program or schedule of continuing education. (d) In issuing rules and individual orders in respect to requirements of continuing education, the board in its discretion: (1) May, among other things, use and rely upon guidelines and pronouncements of recognized educational and professional associations; (2) May prescribe content, duration, and organization of courses; (3) Shall take into account the accessibility to applicants of such continuing education as it may require; (4) Shall consider any impediments to interstate practice of public accountancy which may result from differences in the requirements in other states; and (5) May provide for relaxation or suspension of the requirements in regard to applicants who certify that they do not intend to engage in the practice of public accountancy and for instances of individual hardship. (e) The board is authorized to prescribe rules, procedures, and policies in the manner and condition under which credit shall be given for participation in a program of continuing education that the board may deem necessary and appropriate to maintain the highest standard of proficiency in the profession of public accounting. (f) Examples of programs of continuing education which will be acceptable include, but are not limited to, programs or seminars sponsored by higher education institutions, government agencies, professional organizations of certified public accountants and public accountants, and firms of certified public accountants and public accountants. (g) The board is authorized to prescribe conditions under which sponsors of continuing education programs must register with the board or a third party approved by the board in order for the programs to be acceptable to the board. A fee for the registration may be charged in an amount established by board rule. In the event the board provides for registration with a third party, the fee charged by the third party may be charged to and paid by the sponsor. (h) The board in its discretion may require licensees to provide evidence of compliance with the requirements of this section and may investigate licensees to verify compliance with this section. All persons acting on behalf of the board in connection with such investigations shall be considered officers or employees of the State of Arkansas for purposes of: (1) Immunity from civil liability pursuant to § 19-10-301 et seq.; and (2) Payment of actual damages on behalf of state officers or employees pursuant to § 21-9-201 et seq. Amended by Act 2019, No. 315,§ 1340, eff. 7/24/2019. Acts 1975, No. 160, § 11; 1979, No. 432, § 5; A.S.A. 1947, § 71-621; Acts 1997, No. 242, §§ 14, 15; 1999, No. 180, § 32; 2005, No. 54, § 13.

(a) Every application for renewal of a license by any person who holds a certificate as a certified public accountant or registration as a public accountant shall be accompanied or supported by such evidence as the Arkansas State Board of Public Accountancy shall prescribe, documenting completion of forty (40) hours of acceptable continuing education, approved by the board, during the twelve-month period immediately preceding the expiration date of the license, or one hundred twenty (120) hours of acceptable continuing education approved by the board, during the thirty-six-month period immediately preceding the expiration date of the license.

(b) Failure by an applicant for renewal of a license to furnish such evidence shall constitute grounds for revocation, suspension, or refusal to issue or renew such a license in a proceeding under § 17-12-601 unless the board in its discretion shall determine the failure to have been due to reasonable cause.

(c) The board in its discretion may renew a license despite failure to furnish evidence of satisfaction of requirements of continuing education and may renew a license to an applicant who has previously maintained inactive status under § 17-12-505 upon the condition that the applicant follow a particular program or schedule of continuing education.

(d) In issuing rules and individual orders in respect to requirements of continuing education, the board in its discretion: (1) May, among other things, use and rely upon guidelines and pronouncements of recognized educational and professional associations; (2) May prescribe content, duration, and organization of courses; (3) Shall take into account the accessibility to applicants of such continuing education as it may require; (4) Shall consider any impediments to interstate practice of public accountancy which may result from differences in the requirements in other states; and (5) May provide for relaxation or suspension of the requirements in regard to applicants who certify that they do not intend to engage in the practice of public accountancy and for instances of individual hardship.

(1) May, among other things, use and rely upon guidelines and pronouncements of recognized educational and professional associations;

(2) May prescribe content, duration, and organization of courses;

(3) Shall take into account the accessibility to applicants of such continuing education as it may require;

(4) Shall consider any impediments to interstate practice of public accountancy which may result from differences in the requirements in other states; and

(5) May provide for relaxation or suspension of the requirements in regard to applicants who certify that they do not intend to engage in the practice of public accountancy and for instances of individual hardship.

(e) The board is authorized to prescribe rules, procedures, and policies in the manner and condition under which credit shall be given for participation in a program of continuing education that the board may deem necessary and appropriate to maintain the highest standard of proficiency in the profession of public accounting.

(f) Examples of programs of continuing education which will be acceptable include, but are not limited to, programs or seminars sponsored by higher education institutions, government agencies, professional organizations of certified public accountants and public accountants, and firms of certified public accountants and public accountants.

(g) The board is authorized to prescribe conditions under which sponsors of continuing education programs must register with the board or a third party approved by the board in order for the programs to be acceptable to the board. A fee for the registration may be charged in an amount established by board rule. In the event the board provides for registration with a third party, the fee charged by the third party may be charged to and paid by the sponsor.

(h) The board in its discretion may require licensees to provide evidence of compliance with the requirements of this section and may investigate licensees to verify compliance with this section. All persons acting on behalf of the board in connection with such investigations shall be considered officers or employees of the State of Arkansas for purposes of: (1) Immunity from civil liability pursuant to § 19-10-301 et seq.; and (2) Payment of actual damages on behalf of state officers or employees pursuant to § 21-9-201 et seq.

(1) Immunity from civil liability pursuant to § 19-10-301 et seq.; and

(2) Payment of actual damages on behalf of state officers or employees pursuant to § 21-9-201 et seq.

Amended by Act 2019, No. 315,§ 1340, eff. 7/24/2019.

Acts 1975, No. 160, § 11; 1979, No. 432, § 5; A.S.A. 1947, § 71-621; Acts 1997, No. 242, §§ 14, 15; 1999, No. 180, § 32; 2005, No. 54, § 13.
Ark. Code Ann. § 17-88-303 — AR Code / Title 17 / Chapter 88 / Subchapter 3 / Section 17-88-303
Issuance pursuant to examination
Status: in_force

(a) The Arkansas State Medical Board shall register as an occupational therapist and shall issue a license to any person who satisfactorily passes the examination provided for in § 17-88-304 and who otherwise meets the requirements for qualifications contained in this subchapter and pays a fee as determined by the Arkansas State Occupational Therapy Examining Committee. (b) The board shall register as an occupational therapy assistant and shall issue a license to any person who satisfactorily passes the examination provided for in § 17-88-304 and who otherwise meets the qualifications contained herein and pays a fee as determined by the committee. Acts 1977, No. 381, § 10; A.S.A. 1947, § 72-1910.

(a) The Arkansas State Medical Board shall register as an occupational therapist and shall issue a license to any person who satisfactorily passes the examination provided for in § 17-88-304 and who otherwise meets the requirements for qualifications contained in this subchapter and pays a fee as determined by the Arkansas State Occupational Therapy Examining Committee.

(b) The board shall register as an occupational therapy assistant and shall issue a license to any person who satisfactorily passes the examination provided for in § 17-88-304 and who otherwise meets the qualifications contained herein and pays a fee as determined by the committee.

Acts 1977, No. 381, § 10; A.S.A. 1947, § 72-1910.
Ark. Code Ann. § 17-87-312 — AR Code / Title 17 / Chapter 87 / Subchapter 3 / Section 17-87-312
Criminal background checks
Status: in_force

(a) (1) Each first-time applicant for a license issued by the Arkansas State Board of Nursing shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check, to be conducted by the Federal Bureau of Investigation. (2) At the time a person applies to an Arkansas nursing educational program, the program shall notify the applicant in writing of the provisions and requirements of this section. (b) The check shall conform to the applicable federal standards and shall include the taking of fingerprints. (c) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check. (d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all releasable information obtained concerning the applicant. (e) For purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102 . (f) (1) The board may issue a nonrenewable temporary permit for licensure to a first-time applicant pending the results of the criminal background check. (2) The permit shall be valid for no more than six (6) months. (g) (1) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by: (A) The affected applicant for licensure or his or her authorized representative; or (B) The person whose license is subject to revocation or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police. (h) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that person only. (i) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than this background check. (j) The board shall adopt the necessary rules to fully implement the provisions of this section. (k) (1) The board may participate at the state and federal level in programs that provide notification of an arrest subsequent to an initial background check that is conducted through available governmental systems. (2) The board may submit an applicant's fingerprints to the federal Next Generation Identification system. (3) The fingerprints may be searched by future submissions to the Next Generation Identification system, including latent fingerprint searches. (4) An applicant enrolled in the Next Generation Identification system is not required to re-fingerprint when a subsequent request for a state or federal criminal history background check is required if: (A) A legible set of the applicant's fingerprints is obtained when the applicant enrolls in the Next Generation Identification system; and (B) The applicant is subject to the Rap Back service of the Next Generation Identification system. (l) The Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation may maintain fingerprints in the Integrated Automated Fingerprint Identification System. Amended by Act 2019, No. 315,§ 1542, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 76, eff. 7/24/2019. Amended by Act 2019, No. 626,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 664,§ 12, eff. 8/1/2017. Amended by Act 2017, No. 664,§ 11, eff. 8/1/2017. Amended by Act 2017, No. 492,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 18, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 17, eff. 8/1/2017. Amended by Act 2015, No. 1047,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 302,§ 1, eff. 8/16/2013. Acts 1999, No. 1208, § 4; 2001, No. 303, §§ 2-4; 2003, No. 103, §§ 1, 2; No. 1087, § 15; No. 1386, § 1; No. 1449, § 1; 2005, No. 1923, § 2; 2011, No. 570, § 121.

(a) (1) Each first-time applicant for a license issued by the Arkansas State Board of Nursing shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check, to be conducted by the Federal Bureau of Investigation. (2) At the time a person applies to an Arkansas nursing educational program, the program shall notify the applicant in writing of the provisions and requirements of this section.

(1) Each first-time applicant for a license issued by the Arkansas State Board of Nursing shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check, to be conducted by the Federal Bureau of Investigation.

(2) At the time a person applies to an Arkansas nursing educational program, the program shall notify the applicant in writing of the provisions and requirements of this section.

(b) The check shall conform to the applicable federal standards and shall include the taking of fingerprints.

(c) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check.

(d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all releasable information obtained concerning the applicant.

(e) For purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102 .

(f) (1) The board may issue a nonrenewable temporary permit for licensure to a first-time applicant pending the results of the criminal background check. (2) The permit shall be valid for no more than six (6) months.

(1) The board may issue a nonrenewable temporary permit for licensure to a first-time applicant pending the results of the criminal background check.

(2) The permit shall be valid for no more than six (6) months.

(g) (1) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by: (A) The affected applicant for licensure or his or her authorized representative; or (B) The person whose license is subject to revocation or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police.

(1) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by: (A) The affected applicant for licensure or his or her authorized representative; or (B) The person whose license is subject to revocation or his or her authorized representative.

(A) The affected applicant for licensure or his or her authorized representative; or

(B) The person whose license is subject to revocation or his or her authorized representative.

(2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police.

(h) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that person only.

(i) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than this background check.

(j) The board shall adopt the necessary rules to fully implement the provisions of this section.

(k) (1) The board may participate at the state and federal level in programs that provide notification of an arrest subsequent to an initial background check that is conducted through available governmental systems. (2) The board may submit an applicant's fingerprints to the federal Next Generation Identification system. (3) The fingerprints may be searched by future submissions to the Next Generation Identification system, including latent fingerprint searches. (4) An applicant enrolled in the Next Generation Identification system is not required to re-fingerprint when a subsequent request for a state or federal criminal history background check is required if: (A) A legible set of the applicant's fingerprints is obtained when the applicant enrolls in the Next Generation Identification system; and (B) The applicant is subject to the Rap Back service of the Next Generation Identification system.

(1) The board may participate at the state and federal level in programs that provide notification of an arrest subsequent to an initial background check that is conducted through available governmental systems.

(2) The board may submit an applicant's fingerprints to the federal Next Generation Identification system.

(3) The fingerprints may be searched by future submissions to the Next Generation Identification system, including latent fingerprint searches.

(4) An applicant enrolled in the Next Generation Identification system is not required to re-fingerprint when a subsequent request for a state or federal criminal history background check is required if: (A) A legible set of the applicant's fingerprints is obtained when the applicant enrolls in the Next Generation Identification system; and (B) The applicant is subject to the Rap Back service of the Next Generation Identification system.

(A) A legible set of the applicant's fingerprints is obtained when the applicant enrolls in the Next Generation Identification system; and

(B) The applicant is subject to the Rap Back service of the Next Generation Identification system.

(l) The Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation may maintain fingerprints in the Integrated Automated Fingerprint Identification System.

Amended by Act 2019, No. 315,§ 1542, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 76, eff. 7/24/2019.

Amended by Act 2019, No. 626,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 664,§ 12, eff. 8/1/2017.

Amended by Act 2017, No. 664,§ 11, eff. 8/1/2017.

Amended by Act 2017, No. 492,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 18, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 17, eff. 8/1/2017.

Amended by Act 2015, No. 1047,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 302,§ 1, eff. 8/16/2013.

Acts 1999, No. 1208, § 4; 2001, No. 303, §§ 2-4; 2003, No. 103, §§ 1, 2; No. 1087, § 15; No. 1386, § 1; No. 1449, § 1; 2005, No. 1923, § 2; 2011, No. 570, § 121.
Ark. Code Ann. § 17-15-106 — AR Code / Title 17 / Chapter 15 / Subchapter 1 / Section 17-15-106
"Good Samaritan" law - Definitions
Status: in_force

(a) If a registered architect or professional engineer voluntarily, without compensation other than expense reimbursement, provides architectural, structural, electrical, mechanical, or other design professional services related to a declared national, state, or local emergency caused by an earthquake, hurricane, tornado, fire, explosion, collapse, or other similar disaster or catastrophic event, at the request of or with the approval of a national, state, or local public official, law enforcement official, public safety official, or building inspection official believed by the registered architect or professional engineer to be acting in his or her official capacity, the registered architect or professional engineer shall not be liable for any personal injury, wrongful death, property damage, or other loss of any nature related to the registered architect's or professional engineer's acts, errors, or omissions in the performance of any architectural or engineering services for any structure, building, facility, project utility, equipment, machine, process, piping, or other system, either publicly or privately owned. (b) The immunity provided under subsection (a) of this section shall apply only to a voluntary architectural or engineering service that occurs during the emergency or within ninety (90) days following the end of the period for an emergency or other similar disaster or catastrophic event, unless extended by an executive order issued by the Governor under the Governor's emergency executive powers. (c) This section does not provide immunity for wanton, willful, or intentional misconduct. (d) As used in this section: (1) "Building inspection official" means an appointed or elected federal, state, or local official with the executive responsibility to coordinate building inspection in the jurisdiction in which an emergency or event has occurred; (2) "Law enforcement official" means an appointed or elected federal, state, or local official with the executive responsibility to coordinate law enforcement in the jurisdiction in which an emergency or event has occurred; (3) "Professional engineer" means a person licensed as an engineer under a state's engineering licensure laws; (4) "Public official" means a federal, state, or local elected official with the executive responsibility in the jurisdiction in which an emergency or event has occurred; (5) "Public safety official" means an appointed or elected federal, state, or local official with the executive responsibility to coordinate public safety in the jurisdiction in which an emergency or event has occurred; and (6) "Registered architect" means a person licensed under a state's architectural licensure laws as a registered architect. Added by Act 2015, No. 534,§ 1, eff. 7/22/2015.

(a) If a registered architect or professional engineer voluntarily, without compensation other than expense reimbursement, provides architectural, structural, electrical, mechanical, or other design professional services related to a declared national, state, or local emergency caused by an earthquake, hurricane, tornado, fire, explosion, collapse, or other similar disaster or catastrophic event, at the request of or with the approval of a national, state, or local public official, law enforcement official, public safety official, or building inspection official believed by the registered architect or professional engineer to be acting in his or her official capacity, the registered architect or professional engineer shall not be liable for any personal injury, wrongful death, property damage, or other loss of any nature related to the registered architect's or professional engineer's acts, errors, or omissions in the performance of any architectural or engineering services for any structure, building, facility, project utility, equipment, machine, process, piping, or other system, either publicly or privately owned.

(b) The immunity provided under subsection (a) of this section shall apply only to a voluntary architectural or engineering service that occurs during the emergency or within ninety (90) days following the end of the period for an emergency or other similar disaster or catastrophic event, unless extended by an executive order issued by the Governor under the Governor's emergency executive powers.

(c) This section does not provide immunity for wanton, willful, or intentional misconduct.

(d) As used in this section: (1) "Building inspection official" means an appointed or elected federal, state, or local official with the executive responsibility to coordinate building inspection in the jurisdiction in which an emergency or event has occurred; (2) "Law enforcement official" means an appointed or elected federal, state, or local official with the executive responsibility to coordinate law enforcement in the jurisdiction in which an emergency or event has occurred; (3) "Professional engineer" means a person licensed as an engineer under a state's engineering licensure laws; (4) "Public official" means a federal, state, or local elected official with the executive responsibility in the jurisdiction in which an emergency or event has occurred; (5) "Public safety official" means an appointed or elected federal, state, or local official with the executive responsibility to coordinate public safety in the jurisdiction in which an emergency or event has occurred; and (6) "Registered architect" means a person licensed under a state's architectural licensure laws as a registered architect.

(1) "Building inspection official" means an appointed or elected federal, state, or local official with the executive responsibility to coordinate building inspection in the jurisdiction in which an emergency or event has occurred;

(2) "Law enforcement official" means an appointed or elected federal, state, or local official with the executive responsibility to coordinate law enforcement in the jurisdiction in which an emergency or event has occurred;

(3) "Professional engineer" means a person licensed as an engineer under a state's engineering licensure laws;

(4) "Public official" means a federal, state, or local elected official with the executive responsibility in the jurisdiction in which an emergency or event has occurred;

(5) "Public safety official" means an appointed or elected federal, state, or local official with the executive responsibility to coordinate public safety in the jurisdiction in which an emergency or event has occurred; and

(6) "Registered architect" means a person licensed under a state's architectural licensure laws as a registered architect.

Added by Act 2015, No. 534,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-105-112 — AR Code / Title 17 / Chapter 105 / Section 17-105-112
Exclusions of limitations of employment
Status: in_force

Nothing in this chapter shall be construed to limit the employment arrangement of a physician assistant licensed under this chapter. Acts 1999, No. 851, § 12.

Nothing in this chapter shall be construed to limit the employment arrangement of a physician assistant licensed under this chapter.

Acts 1999, No. 851, § 12.
Ark. Code Ann. § 17-20-208 — AR Code / Title 17 / Chapter 20 / Subchapter 2 / Section 17-20-208
Fees
Status: in_force

(a) The State Board of Barber Examiners shall by rule establish reasonable registration fees, renewal fees, examination fees, and such other fees as it deems necessary and appropriate to fulfill its duties. (b) Funds thus realized shall be expended for: (1) The payment of the salary of the Director of the State Board of Barber Examiners; (2) Expenses and stipends in accordance with § 25-16-901 et seq.; (3) Salary of registered barber inspectors and stenographers; (4) Retainer fees for attorneys; (5) Publication of this chapter; (6) Investigation of violations of this chapter; and (7) Such other purposes as may be directed by the board. Amended by Act 2019, No. 910,§ 5413, eff. 7/1/2019. Amended by Act 2017, No. 1060,§ 10, eff. 8/1/2017. Acts 1937, No. 313, § 10; Pope's Dig., § 12078; Acts 1947, No. 125, § 2; 1951, No. 127, § 5; 1957, No. 278, § 1; 1975, No. 538, § 1; 1981, No. 103, § 1; 1985, No. 137, § 1; A.S.A. 1947, § 71-510; Acts 1989, No. 388, § 4; 1995, No. 749, §§ 1, 4; 1997, No. 250, § 128.

(a) The State Board of Barber Examiners shall by rule establish reasonable registration fees, renewal fees, examination fees, and such other fees as it deems necessary and appropriate to fulfill its duties.

(b) Funds thus realized shall be expended for: (1) The payment of the salary of the Director of the State Board of Barber Examiners; (2) Expenses and stipends in accordance with § 25-16-901 et seq.; (3) Salary of registered barber inspectors and stenographers; (4) Retainer fees for attorneys; (5) Publication of this chapter; (6) Investigation of violations of this chapter; and (7) Such other purposes as may be directed by the board.

(1) The payment of the salary of the Director of the State Board of Barber Examiners;

(2) Expenses and stipends in accordance with § 25-16-901 et seq.;

(3) Salary of registered barber inspectors and stenographers;

(4) Retainer fees for attorneys;

(5) Publication of this chapter;

(6) Investigation of violations of this chapter; and

(7) Such other purposes as may be directed by the board.

Amended by Act 2019, No. 910,§ 5413, eff. 7/1/2019.

Amended by Act 2017, No. 1060,§ 10, eff. 8/1/2017.

Acts 1937, No. 313, § 10; Pope's Dig., § 12078; Acts 1947, No. 125, § 2; 1951, No. 127, § 5; 1957, No. 278, § 1; 1975, No. 538, § 1; 1981, No. 103, § 1; 1985, No. 137, § 1; A.S.A. 1947, § 71-510; Acts 1989, No. 388, § 4; 1995, No. 749, §§ 1, 4; 1997, No. 250, § 128.
Ark. Code Ann. § 17-27-402 — AR Code / Title 17 / Chapter 27 / Subchapter 4 / Section 17-27-402
Purpose
Status: in_force

(a) It is the purpose and policy of the State of Arkansas to protect the public from being misled by incompetent and unauthorized persons and from unprofessional conduct on the part of qualified alcoholism and drug abuse counselors by providing regulatory authority over persons who hold themselves out to the public as licensed alcoholism and drug abuse counselors under this subchapter. (b) The purpose of this subchapter is to allow the State Board of Examiners of Alcoholism and Drug Abuse Counselors to establish appropriate licensure and certification requirements and define the practice of alcoholism and drug abuse counseling and to promote high standards of professional performance for those engaged in the practice of alcoholism and drug abuse counseling by setting standards of qualification, training, and experience for those who seek to engage in the practice of alcoholism and drug abuse counseling under this subchapter. Acts 1999, No. 1588, § 2.

(a) It is the purpose and policy of the State of Arkansas to protect the public from being misled by incompetent and unauthorized persons and from unprofessional conduct on the part of qualified alcoholism and drug abuse counselors by providing regulatory authority over persons who hold themselves out to the public as licensed alcoholism and drug abuse counselors under this subchapter.

(b) The purpose of this subchapter is to allow the State Board of Examiners of Alcoholism and Drug Abuse Counselors to establish appropriate licensure and certification requirements and define the practice of alcoholism and drug abuse counseling and to promote high standards of professional performance for those engaged in the practice of alcoholism and drug abuse counseling by setting standards of qualification, training, and experience for those who seek to engage in the practice of alcoholism and drug abuse counseling under this subchapter.

Acts 1999, No. 1588, § 2.