Ark. Code Ann. § 17-40-103 — AR Code / Title 17 / Chapter 40 / Subchapter 1 / Section 17-40-103
Exemptions
Status: in_force

(a) This chapter does not apply to: (1) A person employed exclusively and regularly by one (1) employer in connection with the affairs of that employer only and where there exists an employer-employee relationship; (2) An officer or employee of the United States, of this state, or of a political subdivision of either, while the employee or officer is engaged in the performance of official duties; (3) A person not in the employ of another law enforcement officer and who has part-time or full-time employment as a law enforcement officer and who is certified by the Arkansas Commission on Law Enforcement Standards and Training as a law enforcement officer and receives compensation for private employment on an individual or an independent contractor basis as a patrolman, guard, or watchman if the person is: (A) Employed in an employee-employer relationship; or (B) Employed on an individual contractual basis; (4) A person engaged exclusively in the business of obtaining and furnishing information for purposes of credit worthiness or collecting debts or ascertaining the financial responsibility of applicants for property insurance and for indemnity or surety bonds, with respect to persons, firms, and corporations; (5) Consumer reporting agencies; (6) A licensed attorney in performing his or her duties, or an employee of an attorney only in connection with providing investigative services to the attorney and his or her practice; (7) Admitted insurers, insurance adjusters, agents, and insurance brokers licensed by the state performing duties in connection with insurance transacted by them; (8) An officer, employee, or agent of a communications common carrier, as defined in 47 U.S.C. § 153(11) , while engaged in the normal course of business of the carrier or protecting the carrier or a user of the services of that carrier from fraudulent, unlawful, or abusive use of services; (9) A professional engineer registered with the State Board of Licensure for Professional Engineers and Professional Surveyors engaged in providing investigative services as outlined in this chapter; (10) A person that sells or manufactures alarm systems, unless such a person or business performs any service as an alarm systems company; (11) Installation, servicing, or responding to fire alarm systems or any alarm device that is installed in a motor vehicle, aircraft, or boat; (12) Installation of an alarm system on property owned by or leased to the installer; (13) Installation of fixed fire extinguisher systems by persons licensed by the Arkansas Fire Protection Licensing Board; (14) Installation of the raceway, conductors, and components of a fire alarm system by an entity holding a valid Arkansas contractor's license, electrical classification, when the systems are furnished by alarm systems companies licensed under this chapter, provided the alarm systems company: (A) Furnishes a system designed to comply with applicable codes and standards; (B) Furnishes the installing contractor with wiring diagrams and specifications for the required conductors; (C) Provides periodic job site inspections of the installation in progress; (D) Connects and installs the system components; (E) Tests the completed installation in compliance with the Arkansas Fire Prevention Code and NFPA standard number 72: National Fire Alarm and Signaling Code, 2013 Edition, providing the owner's representative and the local fire marshal with test documentation; and (F) Instructs the system owner's representative and provides operator manuals for the installed system; (15) Alarm system agents, alarm system apprentices, and alarm system technicians for a class E-S license are exempt from the requirements for National Burglar and Fire Alarm Association Level 1 and 2 certification; (16) An agent, employee, or sales representative of an alarm systems company, if the agent, employee, or sales representative: (A) Does not alter, install, maintain, move, repair, replace, service, or reconfigure an alarm system or any individual component connected to an alarm system at an end-user's premises; and (B) Is not granted access to passwords or codes that can be used to arm or disarm the alarm system installed at a specific end-user premises; (17) A certified public accountant licensed by the state performing his or her duties, only in connection with providing investigative services, and all employees, independent contractors, or agents acting under the supervision of a certified public accountant licensed by the state, only in connection with providing investigative services to the certified public accountant and his or her practice; and (18) (A) Installation of a device that is on property owned or leased by a person monitoring the device. (B) As used in subdivision (a)(18)(A) of this section, "device" includes without limitation an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect a burglary, an act of breaking and entering, shoplifting, pilferage, theft, a holdup, or other illegal or unauthorized activity. (C) (i) A technician who is installing a device as described in subdivision (a)(18)(A) of this section is required to submit to a state and national criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (ii) The state and national criminal background check described in subdivision (a)(18)(C)(i) of this section shall: (a) Conform to all applicable federal standards; and (b) Include the taking of fingerprints. (b) (1) If the security department of a private business or school hires or employs an individual in the capacity of a commissioned security officer or commissioned school security officer, the security department of the private business or school is not required to make application to the Division of Arkansas State Police for any license under this chapter. (2) However, the private business or school is required to be recognized by the Director of the Division of Arkansas State Police as a private business or school for the purpose of employing the commissioned security officer or commissioned school security officer. (c) Notwithstanding any other provision of this chapter, employees of a licensee who are employed exclusively as undercover agents are not required to register with the director under this chapter. Amended by Act 2021, No. 660,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5961, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 41, eff. 9/1/2015. Amended by Act 2013, No. 1475,§ 1, eff. 8/16/2013. Acts 1977, No. 429, §§ 3, 38; 1979, No. 907, § 4; 1983, No. 899, § 3; 1985, No. 756, § 1; A.S.A. 1947, §§ 71-2124, 71-2159; Acts 1987, No. 630, § 1; 1989, No. 651, § 2; 1989, No. 926, § 2; 1991, No. 709, § 1; 1999, No. 1493, § 2; 2001, No. 1474, § 4.

(a) This chapter does not apply to: (1) A person employed exclusively and regularly by one (1) employer in connection with the affairs of that employer only and where there exists an employer-employee relationship; (2) An officer or employee of the United States, of this state, or of a political subdivision of either, while the employee or officer is engaged in the performance of official duties; (3) A person not in the employ of another law enforcement officer and who has part-time or full-time employment as a law enforcement officer and who is certified by the Arkansas Commission on Law Enforcement Standards and Training as a law enforcement officer and receives compensation for private employment on an individual or an independent contractor basis as a patrolman, guard, or watchman if the person is: (A) Employed in an employee-employer relationship; or (B) Employed on an individual contractual basis; (4) A person engaged exclusively in the business of obtaining and furnishing information for purposes of credit worthiness or collecting debts or ascertaining the financial responsibility of applicants for property insurance and for indemnity or surety bonds, with respect to persons, firms, and corporations; (5) Consumer reporting agencies; (6) A licensed attorney in performing his or her duties, or an employee of an attorney only in connection with providing investigative services to the attorney and his or her practice; (7) Admitted insurers, insurance adjusters, agents, and insurance brokers licensed by the state performing duties in connection with insurance transacted by them; (8) An officer, employee, or agent of a communications common carrier, as defined in 47 U.S.C. § 153(11) , while engaged in the normal course of business of the carrier or protecting the carrier or a user of the services of that carrier from fraudulent, unlawful, or abusive use of services; (9) A professional engineer registered with the State Board of Licensure for Professional Engineers and Professional Surveyors engaged in providing investigative services as outlined in this chapter; (10) A person that sells or manufactures alarm systems, unless such a person or business performs any service as an alarm systems company; (11) Installation, servicing, or responding to fire alarm systems or any alarm device that is installed in a motor vehicle, aircraft, or boat; (12) Installation of an alarm system on property owned by or leased to the installer; (13) Installation of fixed fire extinguisher systems by persons licensed by the Arkansas Fire Protection Licensing Board; (14) Installation of the raceway, conductors, and components of a fire alarm system by an entity holding a valid Arkansas contractor's license, electrical classification, when the systems are furnished by alarm systems companies licensed under this chapter, provided the alarm systems company: (A) Furnishes a system designed to comply with applicable codes and standards; (B) Furnishes the installing contractor with wiring diagrams and specifications for the required conductors; (C) Provides periodic job site inspections of the installation in progress; (D) Connects and installs the system components; (E) Tests the completed installation in compliance with the Arkansas Fire Prevention Code and NFPA standard number 72: National Fire Alarm and Signaling Code, 2013 Edition, providing the owner's representative and the local fire marshal with test documentation; and (F) Instructs the system owner's representative and provides operator manuals for the installed system; (15) Alarm system agents, alarm system apprentices, and alarm system technicians for a class E-S license are exempt from the requirements for National Burglar and Fire Alarm Association Level 1 and 2 certification; (16) An agent, employee, or sales representative of an alarm systems company, if the agent, employee, or sales representative: (A) Does not alter, install, maintain, move, repair, replace, service, or reconfigure an alarm system or any individual component connected to an alarm system at an end-user's premises; and (B) Is not granted access to passwords or codes that can be used to arm or disarm the alarm system installed at a specific end-user premises; (17) A certified public accountant licensed by the state performing his or her duties, only in connection with providing investigative services, and all employees, independent contractors, or agents acting under the supervision of a certified public accountant licensed by the state, only in connection with providing investigative services to the certified public accountant and his or her practice; and (18) (A) Installation of a device that is on property owned or leased by a person monitoring the device. (B) As used in subdivision (a)(18)(A) of this section, "device" includes without limitation an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect a burglary, an act of breaking and entering, shoplifting, pilferage, theft, a holdup, or other illegal or unauthorized activity. (C) (i) A technician who is installing a device as described in subdivision (a)(18)(A) of this section is required to submit to a state and national criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (ii) The state and national criminal background check described in subdivision (a)(18)(C)(i) of this section shall: (a) Conform to all applicable federal standards; and (b) Include the taking of fingerprints. (b) (1) If the security department of a private business or school hires or employs an individual in the capacity of a commissioned security officer or commissioned school security officer, the security department of the private business or school is not required to make application to the Division of Arkansas State Police for any license under this chapter. (2) However, the private business or school is required to be recognized by the Director of the Division of Arkansas State Police as a private business or school for the purpose of employing the commissioned security officer or commissioned school security officer. (c) Notwithstanding any other provision of this chapter, employees of a licensee who are employed exclusively as undercover agents are not required to register with the director under this chapter.

(1) A person employed exclusively and regularly by one (1) employer in connection with the affairs of that employer only and where there exists an employer-employee relationship;

(2) An officer or employee of the United States, of this state, or of a political subdivision of either, while the employee or officer is engaged in the performance of official duties;

(3) A person not in the employ of another law enforcement officer and who has part-time or full-time employment as a law enforcement officer and who is certified by the Arkansas Commission on Law Enforcement Standards and Training as a law enforcement officer and receives compensation for private employment on an individual or an independent contractor basis as a patrolman, guard, or watchman if the person is: (A) Employed in an employee-employer relationship; or (B) Employed on an individual contractual basis;

(A) Employed in an employee-employer relationship; or

(B) Employed on an individual contractual basis;

(4) A person engaged exclusively in the business of obtaining and furnishing information for purposes of credit worthiness or collecting debts or ascertaining the financial responsibility of applicants for property insurance and for indemnity or surety bonds, with respect to persons, firms, and corporations;

(5) Consumer reporting agencies;

(6) A licensed attorney in performing his or her duties, or an employee of an attorney only in connection with providing investigative services to the attorney and his or her practice;

(7) Admitted insurers, insurance adjusters, agents, and insurance brokers licensed by the state performing duties in connection with insurance transacted by them;

(8) An officer, employee, or agent of a communications common carrier, as defined in 47 U.S.C. § 153(11) , while engaged in the normal course of business of the carrier or protecting the carrier or a user of the services of that carrier from fraudulent, unlawful, or abusive use of services;

(9) A professional engineer registered with the State Board of Licensure for Professional Engineers and Professional Surveyors engaged in providing investigative services as outlined in this chapter;

(10) A person that sells or manufactures alarm systems, unless such a person or business performs any service as an alarm systems company;

(11) Installation, servicing, or responding to fire alarm systems or any alarm device that is installed in a motor vehicle, aircraft, or boat;

(12) Installation of an alarm system on property owned by or leased to the installer;

(13) Installation of fixed fire extinguisher systems by persons licensed by the Arkansas Fire Protection Licensing Board;

(14) Installation of the raceway, conductors, and components of a fire alarm system by an entity holding a valid Arkansas contractor's license, electrical classification, when the systems are furnished by alarm systems companies licensed under this chapter, provided the alarm systems company: (A) Furnishes a system designed to comply with applicable codes and standards; (B) Furnishes the installing contractor with wiring diagrams and specifications for the required conductors; (C) Provides periodic job site inspections of the installation in progress; (D) Connects and installs the system components; (E) Tests the completed installation in compliance with the Arkansas Fire Prevention Code and NFPA standard number 72: National Fire Alarm and Signaling Code, 2013 Edition, providing the owner's representative and the local fire marshal with test documentation; and (F) Instructs the system owner's representative and provides operator manuals for the installed system;

(A) Furnishes a system designed to comply with applicable codes and standards;

(B) Furnishes the installing contractor with wiring diagrams and specifications for the required conductors;

(C) Provides periodic job site inspections of the installation in progress;

(D) Connects and installs the system components;

(E) Tests the completed installation in compliance with the Arkansas Fire Prevention Code and NFPA standard number 72: National Fire Alarm and Signaling Code, 2013 Edition, providing the owner's representative and the local fire marshal with test documentation; and

(F) Instructs the system owner's representative and provides operator manuals for the installed system;

(15) Alarm system agents, alarm system apprentices, and alarm system technicians for a class E-S license are exempt from the requirements for National Burglar and Fire Alarm Association Level 1 and 2 certification;

(16) An agent, employee, or sales representative of an alarm systems company, if the agent, employee, or sales representative: (A) Does not alter, install, maintain, move, repair, replace, service, or reconfigure an alarm system or any individual component connected to an alarm system at an end-user's premises; and (B) Is not granted access to passwords or codes that can be used to arm or disarm the alarm system installed at a specific end-user premises;

(A) Does not alter, install, maintain, move, repair, replace, service, or reconfigure an alarm system or any individual component connected to an alarm system at an end-user's premises; and

(B) Is not granted access to passwords or codes that can be used to arm or disarm the alarm system installed at a specific end-user premises;

(17) A certified public accountant licensed by the state performing his or her duties, only in connection with providing investigative services, and all employees, independent contractors, or agents acting under the supervision of a certified public accountant licensed by the state, only in connection with providing investigative services to the certified public accountant and his or her practice; and

(18) (A) Installation of a device that is on property owned or leased by a person monitoring the device. (B) As used in subdivision (a)(18)(A) of this section, "device" includes without limitation an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect a burglary, an act of breaking and entering, shoplifting, pilferage, theft, a holdup, or other illegal or unauthorized activity. (C) (i) A technician who is installing a device as described in subdivision (a)(18)(A) of this section is required to submit to a state and national criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (ii) The state and national criminal background check described in subdivision (a)(18)(C)(i) of this section shall: (a) Conform to all applicable federal standards; and (b) Include the taking of fingerprints. (b) (1) If the security department of a private business or school hires or employs an individual in the capacity of a commissioned security officer or commissioned school security officer, the security department of the private business or school is not required to make application to the Division of Arkansas State Police for any license under this chapter. (2) However, the private business or school is required to be recognized by the Director of the Division of Arkansas State Police as a private business or school for the purpose of employing the commissioned security officer or commissioned school security officer. (c) Notwithstanding any other provision of this chapter, employees of a licensee who are employed exclusively as undercover agents are not required to register with the director under this chapter.

(A) Installation of a device that is on property owned or leased by a person monitoring the device.

(B) As used in subdivision (a)(18)(A) of this section, "device" includes without limitation an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect a burglary, an act of breaking and entering, shoplifting, pilferage, theft, a holdup, or other illegal or unauthorized activity.

(C) (i) A technician who is installing a device as described in subdivision (a)(18)(A) of this section is required to submit to a state and national criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (ii) The state and national criminal background check described in subdivision (a)(18)(C)(i) of this section shall: (a) Conform to all applicable federal standards; and (b) Include the taking of fingerprints. (b) (1) If the security department of a private business or school hires or employs an individual in the capacity of a commissioned security officer or commissioned school security officer, the security department of the private business or school is not required to make application to the Division of Arkansas State Police for any license under this chapter. (2) However, the private business or school is required to be recognized by the Director of the Division of Arkansas State Police as a private business or school for the purpose of employing the commissioned security officer or commissioned school security officer. (c) Notwithstanding any other provision of this chapter, employees of a licensee who are employed exclusively as undercover agents are not required to register with the director under this chapter.

(i) A technician who is installing a device as described in subdivision (a)(18)(A) of this section is required to submit to a state and national criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.

(ii) The state and national criminal background check described in subdivision (a)(18)(C)(i) of this section shall: (a) Conform to all applicable federal standards; and (b) Include the taking of fingerprints. (b) (1) If the security department of a private business or school hires or employs an individual in the capacity of a commissioned security officer or commissioned school security officer, the security department of the private business or school is not required to make application to the Division of Arkansas State Police for any license under this chapter. (2) However, the private business or school is required to be recognized by the Director of the Division of Arkansas State Police as a private business or school for the purpose of employing the commissioned security officer or commissioned school security officer. (c) Notwithstanding any other provision of this chapter, employees of a licensee who are employed exclusively as undercover agents are not required to register with the director under this chapter.

(a) Conform to all applicable federal standards; and

(b) Include the taking of fingerprints.

(b) (1) If the security department of a private business or school hires or employs an individual in the capacity of a commissioned security officer or commissioned school security officer, the security department of the private business or school is not required to make application to the Division of Arkansas State Police for any license under this chapter. (2) However, the private business or school is required to be recognized by the Director of the Division of Arkansas State Police as a private business or school for the purpose of employing the commissioned security officer or commissioned school security officer.

(1) If the security department of a private business or school hires or employs an individual in the capacity of a commissioned security officer or commissioned school security officer, the security department of the private business or school is not required to make application to the Division of Arkansas State Police for any license under this chapter.

(2) However, the private business or school is required to be recognized by the Director of the Division of Arkansas State Police as a private business or school for the purpose of employing the commissioned security officer or commissioned school security officer.

(c) Notwithstanding any other provision of this chapter, employees of a licensee who are employed exclusively as undercover agents are not required to register with the director under this chapter.

Amended by Act 2021, No. 660,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5961, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 41, eff. 9/1/2015.

Amended by Act 2013, No. 1475,§ 1, eff. 8/16/2013.

Acts 1977, No. 429, §§ 3, 38; 1979, No. 907, § 4; 1983, No. 899, § 3; 1985, No. 756, § 1; A.S.A. 1947, §§ 71-2124, 71-2159; Acts 1987, No. 630, § 1; 1989, No. 651, § 2; 1989, No. 926, § 2; 1991, No. 709, § 1; 1999, No. 1493, § 2; 2001, No. 1474, § 4.
Ark. Code Ann. § 17-87-309 — AR Code / Title 17 / Chapter 87 / Subchapter 3 / Section 17-87-309
Disciplinary actions
Status: in_force

(a) The Arkansas State Board of Nursing shall have sole authority to deny, suspend, revoke, or limit any license or privilege to practice nursing or certificate of prescriptive authority issued by the board or applied for in accordance with the provisions of this chapter or to otherwise discipline a licensee upon proof that the person: (1) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing or is engaged in the practice of nursing without a valid license; (2) Is guilty of a crime or gross immorality; (3) Is unfit or incompetent by reason of negligence, habits, or other causes; (4) Is habitually intemperate or is addicted to the use of habit-forming drugs; (5) Is mentally incompetent; (6) Is guilty of unprofessional conduct; (7) Has had a license, privilege to practice, certificate, or registration revoked or suspended or has been placed on probation or under disciplinary order in any jurisdiction; (8) Has voluntarily surrendered a license, privilege to practice, certification, or registration and has not been reinstated in any jurisdiction; or (9) Has willfully or repeatedly violated any of the provisions of this chapter. (b) The board shall refuse to issue or shall revoke the license of any person who is found guilty of or pleads guilty or nolo contendere to any offense listed in § 17-3-102 , unless the person requests and the board grants a waiver pursuant to § 17-3-102 . (c) Proceedings under this section shall be as provided in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2021, No. 476,§ 2, eff. 7/28/2021. Acts 1971, No. 432, § 16; A.S.A. 1947, § 72-760; Acts 1995, No. 409, § 15; 1999, No. 1208, § 3; 2001, No. 212, § 1; 2007, No. 207, § 1.

(a) The Arkansas State Board of Nursing shall have sole authority to deny, suspend, revoke, or limit any license or privilege to practice nursing or certificate of prescriptive authority issued by the board or applied for in accordance with the provisions of this chapter or to otherwise discipline a licensee upon proof that the person: (1) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing or is engaged in the practice of nursing without a valid license; (2) Is guilty of a crime or gross immorality; (3) Is unfit or incompetent by reason of negligence, habits, or other causes; (4) Is habitually intemperate or is addicted to the use of habit-forming drugs; (5) Is mentally incompetent; (6) Is guilty of unprofessional conduct; (7) Has had a license, privilege to practice, certificate, or registration revoked or suspended or has been placed on probation or under disciplinary order in any jurisdiction; (8) Has voluntarily surrendered a license, privilege to practice, certification, or registration and has not been reinstated in any jurisdiction; or (9) Has willfully or repeatedly violated any of the provisions of this chapter.

(1) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing or is engaged in the practice of nursing without a valid license;

(2) Is guilty of a crime or gross immorality;

(3) Is unfit or incompetent by reason of negligence, habits, or other causes;

(4) Is habitually intemperate or is addicted to the use of habit-forming drugs;

(5) Is mentally incompetent;

(6) Is guilty of unprofessional conduct;

(7) Has had a license, privilege to practice, certificate, or registration revoked or suspended or has been placed on probation or under disciplinary order in any jurisdiction;

(8) Has voluntarily surrendered a license, privilege to practice, certification, or registration and has not been reinstated in any jurisdiction; or

(9) Has willfully or repeatedly violated any of the provisions of this chapter.

(b) The board shall refuse to issue or shall revoke the license of any person who is found guilty of or pleads guilty or nolo contendere to any offense listed in § 17-3-102 , unless the person requests and the board grants a waiver pursuant to § 17-3-102 .

(c) Proceedings under this section shall be as provided in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2021, No. 476,§ 2, eff. 7/28/2021.

Acts 1971, No. 432, § 16; A.S.A. 1947, § 72-760; Acts 1995, No. 409, § 15; 1999, No. 1208, § 3; 2001, No. 212, § 1; 2007, No. 207, § 1.
Ark. Code Ann. § 17-48-203 — AR Code / Title 17 / Chapter 48 / Subchapter 2 / Section 17-48-203
Qualifications - Certification
Status: in_force

(a) A person who shows to the satisfaction of the State Board of Licensure for Professional Engineers and Professional Surveyors that he or she is a person over twenty-one (21) years of age is eligible for licensure as a professional surveyor if he or she qualifies under one (1) of the following provisions: (1) A person holding a certificate of licensure to engage in the practice of land surveying issued to him or her on the basis of a written examination by proper authority of a state, territory, possession of the United States, the District of Columbia, or any foreign country, based on requirements and qualifications as shown on his or her application that in the opinion of the board are equal to or higher than the requirements of this chapter may be licensed at the discretion of the board; (2) (A) A graduate from an approved engineering curriculum with sufficient surveying courses or a surveying technology curriculum of two (2) years or more approved by the board, followed by at least two (2) years of land surveying that must be surveying experience of a character satisfactory to the board, who has passed a written examination designed to show that he or she is qualified to practice land surveying in this state, may be licensed if he or she is otherwise qualified. (B) Each year of teaching land surveying in an approved engineering or surveying curriculum may be considered as equivalent to one (1) year of land surveying experience; or (3) (A) An applicant who cannot qualify under subdivision (a)(2) of this section and who has six (6) years or more of active experience in land surveying of a character satisfactory to the board and who has passed a written examination designed to show that he or she is qualified to practice land surveying may be granted a certificate of licensure to practice land surveying in this state if he or she is otherwise qualified. (B) Each year of satisfactory work in an approved engineering or engineering technology curriculum majoring in surveying may be considered as one (1) year of experience in land surveying, but not exceeding two (2) years. (b) Effective January 1, 2017, an applicant for licensure as a professional surveyor shall qualify under one (1) of the following provisions: (1) (A) A graduate holding a baccalaureate degree from a curriculum of four (4) years or more who has completed at least thirty (30) semester credit hours or the equivalent, as approved by the board, in courses involving land surveying, mapping, and real property, as approved by the board, followed by three (3) years or more of experience in responsible charge of land surveying under the supervision of a professional surveyor and who has passed an examination for certification as a surveyor intern shall be admitted to sit for a written examination in a form approved by the board. (B) An applicant who is otherwise qualified shall be granted licensure as a professional surveyor upon passing the written examination; or (2) (A) A graduate holding an associate of science degree in surveying or an associate of applied science in surveying degree from a program approved by the board or its equivalent, as approved by the board, followed by six (6) years or more of experience in responsible charge of land surveying under the supervision of a professional surveyor, and who has passed an examination for certification as a surveyor intern shall be admitted to sit for a written examination in a form approved by the board. (B) An applicant who is otherwise qualified shall be granted licensure as a professional surveyor upon passing the written examination. (c) A person shall be eligible for licensure as a surveyor intern if he or she qualifies under one (1) of the following provisions: (1) A person holding a certificate of licensure as a surveyor intern issued to him or her on the basis of a written examination by proper authority of a state, territory, possession of the United States, the District of Columbia, or any foreign country, based on requirements and qualifications as shown on his or her application, which requirements and qualifications, in the opinion of the board, are equal to or higher than the requirements of this chapter, may be licensed as a surveyor intern at the discretion of the board; (2) A graduate from an approved engineering curriculum with sufficient surveying courses, or a surveying technology curriculum of two (2) years or more, approved by the board, who has passed a written examination designed to show that he or she is proficient in surveying fundamentals, may be licensed if he or she is otherwise qualified; or (3) (A) An applicant who cannot qualify under subdivision (c)(2) of this section and who has four (4) years or more of active experience in land surveying of a character satisfactory to the board and who has passed a written examination designed to show that he or she is proficient in surveying fundamentals may be licensed if he or she is otherwise qualified. (B) Each year of satisfactory work in an approved engineering or engineering technology curriculum majoring in surveying may be considered as one (1) year of experience in land surveying, but not exceeding two (2) years. (d) Effective January 1, 2017, an applicant for licensure as a surveyor intern shall qualify under one (1) of the following: (1) (A) A graduate holding or a student enrolled in the last year of a program leading to a baccalaureate degree from a curriculum of four (4) years or more who has finished at least thirty (30) semester credit hours, or the board-approved equivalent, in courses approved by the board involving land surveying, mapping, and real property shall be admitted to sit for a written examination in a form approved by the board. (B) An applicant who is qualified shall be granted licensure as a surveyor intern on: (i) Passing the written examination; and (ii) Providing proof of graduation with a board-approved baccalaureate degree; or (2) (A) A graduate holding or student enrolled in the last year of a program leading to an associate of science or an associate of applied science degree in surveying from a program approved by the board shall be admitted to sit for a written examination in a form approved by the board. (B) An applicant who is qualified shall be granted licensure as a surveyor intern on: (i) Passing the written examination; and (ii) Providing proof of graduation with a board-approved associate of science or associate of applied science degree. Amended by Act 2019, No. 990,§ 54, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 53, eff. 7/24/2019. Acts 1967, No. 101, § 4; 1977, No. 807, § 2; A.S.A. 1947, § 71-2304; Acts 2005, No. 1178, § 12; 2009, No. 392, § 1; 2009, No. 444, § 7; 2011, No. 898, § 2.

(a) A person who shows to the satisfaction of the State Board of Licensure for Professional Engineers and Professional Surveyors that he or she is a person over twenty-one (21) years of age is eligible for licensure as a professional surveyor if he or she qualifies under one (1) of the following provisions: (1) A person holding a certificate of licensure to engage in the practice of land surveying issued to him or her on the basis of a written examination by proper authority of a state, territory, possession of the United States, the District of Columbia, or any foreign country, based on requirements and qualifications as shown on his or her application that in the opinion of the board are equal to or higher than the requirements of this chapter may be licensed at the discretion of the board; (2) (A) A graduate from an approved engineering curriculum with sufficient surveying courses or a surveying technology curriculum of two (2) years or more approved by the board, followed by at least two (2) years of land surveying that must be surveying experience of a character satisfactory to the board, who has passed a written examination designed to show that he or she is qualified to practice land surveying in this state, may be licensed if he or she is otherwise qualified. (B) Each year of teaching land surveying in an approved engineering or surveying curriculum may be considered as equivalent to one (1) year of land surveying experience; or (3) (A) An applicant who cannot qualify under subdivision (a)(2) of this section and who has six (6) years or more of active experience in land surveying of a character satisfactory to the board and who has passed a written examination designed to show that he or she is qualified to practice land surveying may be granted a certificate of licensure to practice land surveying in this state if he or she is otherwise qualified. (B) Each year of satisfactory work in an approved engineering or engineering technology curriculum majoring in surveying may be considered as one (1) year of experience in land surveying, but not exceeding two (2) years.

(1) A person holding a certificate of licensure to engage in the practice of land surveying issued to him or her on the basis of a written examination by proper authority of a state, territory, possession of the United States, the District of Columbia, or any foreign country, based on requirements and qualifications as shown on his or her application that in the opinion of the board are equal to or higher than the requirements of this chapter may be licensed at the discretion of the board;

(2) (A) A graduate from an approved engineering curriculum with sufficient surveying courses or a surveying technology curriculum of two (2) years or more approved by the board, followed by at least two (2) years of land surveying that must be surveying experience of a character satisfactory to the board, who has passed a written examination designed to show that he or she is qualified to practice land surveying in this state, may be licensed if he or she is otherwise qualified. (B) Each year of teaching land surveying in an approved engineering or surveying curriculum may be considered as equivalent to one (1) year of land surveying experience; or

(A) A graduate from an approved engineering curriculum with sufficient surveying courses or a surveying technology curriculum of two (2) years or more approved by the board, followed by at least two (2) years of land surveying that must be surveying experience of a character satisfactory to the board, who has passed a written examination designed to show that he or she is qualified to practice land surveying in this state, may be licensed if he or she is otherwise qualified.

(B) Each year of teaching land surveying in an approved engineering or surveying curriculum may be considered as equivalent to one (1) year of land surveying experience; or

(3) (A) An applicant who cannot qualify under subdivision (a)(2) of this section and who has six (6) years or more of active experience in land surveying of a character satisfactory to the board and who has passed a written examination designed to show that he or she is qualified to practice land surveying may be granted a certificate of licensure to practice land surveying in this state if he or she is otherwise qualified. (B) Each year of satisfactory work in an approved engineering or engineering technology curriculum majoring in surveying may be considered as one (1) year of experience in land surveying, but not exceeding two (2) years.

(A) An applicant who cannot qualify under subdivision (a)(2) of this section and who has six (6) years or more of active experience in land surveying of a character satisfactory to the board and who has passed a written examination designed to show that he or she is qualified to practice land surveying may be granted a certificate of licensure to practice land surveying in this state if he or she is otherwise qualified.

(B) Each year of satisfactory work in an approved engineering or engineering technology curriculum majoring in surveying may be considered as one (1) year of experience in land surveying, but not exceeding two (2) years.

(b) Effective January 1, 2017, an applicant for licensure as a professional surveyor shall qualify under one (1) of the following provisions: (1) (A) A graduate holding a baccalaureate degree from a curriculum of four (4) years or more who has completed at least thirty (30) semester credit hours or the equivalent, as approved by the board, in courses involving land surveying, mapping, and real property, as approved by the board, followed by three (3) years or more of experience in responsible charge of land surveying under the supervision of a professional surveyor and who has passed an examination for certification as a surveyor intern shall be admitted to sit for a written examination in a form approved by the board. (B) An applicant who is otherwise qualified shall be granted licensure as a professional surveyor upon passing the written examination; or (2) (A) A graduate holding an associate of science degree in surveying or an associate of applied science in surveying degree from a program approved by the board or its equivalent, as approved by the board, followed by six (6) years or more of experience in responsible charge of land surveying under the supervision of a professional surveyor, and who has passed an examination for certification as a surveyor intern shall be admitted to sit for a written examination in a form approved by the board. (B) An applicant who is otherwise qualified shall be granted licensure as a professional surveyor upon passing the written examination.

(1) (A) A graduate holding a baccalaureate degree from a curriculum of four (4) years or more who has completed at least thirty (30) semester credit hours or the equivalent, as approved by the board, in courses involving land surveying, mapping, and real property, as approved by the board, followed by three (3) years or more of experience in responsible charge of land surveying under the supervision of a professional surveyor and who has passed an examination for certification as a surveyor intern shall be admitted to sit for a written examination in a form approved by the board. (B) An applicant who is otherwise qualified shall be granted licensure as a professional surveyor upon passing the written examination; or

(A) A graduate holding a baccalaureate degree from a curriculum of four (4) years or more who has completed at least thirty (30) semester credit hours or the equivalent, as approved by the board, in courses involving land surveying, mapping, and real property, as approved by the board, followed by three (3) years or more of experience in responsible charge of land surveying under the supervision of a professional surveyor and who has passed an examination for certification as a surveyor intern shall be admitted to sit for a written examination in a form approved by the board.

(B) An applicant who is otherwise qualified shall be granted licensure as a professional surveyor upon passing the written examination; or

(2) (A) A graduate holding an associate of science degree in surveying or an associate of applied science in surveying degree from a program approved by the board or its equivalent, as approved by the board, followed by six (6) years or more of experience in responsible charge of land surveying under the supervision of a professional surveyor, and who has passed an examination for certification as a surveyor intern shall be admitted to sit for a written examination in a form approved by the board. (B) An applicant who is otherwise qualified shall be granted licensure as a professional surveyor upon passing the written examination.

(A) A graduate holding an associate of science degree in surveying or an associate of applied science in surveying degree from a program approved by the board or its equivalent, as approved by the board, followed by six (6) years or more of experience in responsible charge of land surveying under the supervision of a professional surveyor, and who has passed an examination for certification as a surveyor intern shall be admitted to sit for a written examination in a form approved by the board.

(B) An applicant who is otherwise qualified shall be granted licensure as a professional surveyor upon passing the written examination.

(c) A person shall be eligible for licensure as a surveyor intern if he or she qualifies under one (1) of the following provisions: (1) A person holding a certificate of licensure as a surveyor intern issued to him or her on the basis of a written examination by proper authority of a state, territory, possession of the United States, the District of Columbia, or any foreign country, based on requirements and qualifications as shown on his or her application, which requirements and qualifications, in the opinion of the board, are equal to or higher than the requirements of this chapter, may be licensed as a surveyor intern at the discretion of the board; (2) A graduate from an approved engineering curriculum with sufficient surveying courses, or a surveying technology curriculum of two (2) years or more, approved by the board, who has passed a written examination designed to show that he or she is proficient in surveying fundamentals, may be licensed if he or she is otherwise qualified; or (3) (A) An applicant who cannot qualify under subdivision (c)(2) of this section and who has four (4) years or more of active experience in land surveying of a character satisfactory to the board and who has passed a written examination designed to show that he or she is proficient in surveying fundamentals may be licensed if he or she is otherwise qualified. (B) Each year of satisfactory work in an approved engineering or engineering technology curriculum majoring in surveying may be considered as one (1) year of experience in land surveying, but not exceeding two (2) years.

(1) A person holding a certificate of licensure as a surveyor intern issued to him or her on the basis of a written examination by proper authority of a state, territory, possession of the United States, the District of Columbia, or any foreign country, based on requirements and qualifications as shown on his or her application, which requirements and qualifications, in the opinion of the board, are equal to or higher than the requirements of this chapter, may be licensed as a surveyor intern at the discretion of the board;

(2) A graduate from an approved engineering curriculum with sufficient surveying courses, or a surveying technology curriculum of two (2) years or more, approved by the board, who has passed a written examination designed to show that he or she is proficient in surveying fundamentals, may be licensed if he or she is otherwise qualified; or

(3) (A) An applicant who cannot qualify under subdivision (c)(2) of this section and who has four (4) years or more of active experience in land surveying of a character satisfactory to the board and who has passed a written examination designed to show that he or she is proficient in surveying fundamentals may be licensed if he or she is otherwise qualified. (B) Each year of satisfactory work in an approved engineering or engineering technology curriculum majoring in surveying may be considered as one (1) year of experience in land surveying, but not exceeding two (2) years.

(A) An applicant who cannot qualify under subdivision (c)(2) of this section and who has four (4) years or more of active experience in land surveying of a character satisfactory to the board and who has passed a written examination designed to show that he or she is proficient in surveying fundamentals may be licensed if he or she is otherwise qualified.

(B) Each year of satisfactory work in an approved engineering or engineering technology curriculum majoring in surveying may be considered as one (1) year of experience in land surveying, but not exceeding two (2) years.

(d) Effective January 1, 2017, an applicant for licensure as a surveyor intern shall qualify under one (1) of the following: (1) (A) A graduate holding or a student enrolled in the last year of a program leading to a baccalaureate degree from a curriculum of four (4) years or more who has finished at least thirty (30) semester credit hours, or the board-approved equivalent, in courses approved by the board involving land surveying, mapping, and real property shall be admitted to sit for a written examination in a form approved by the board. (B) An applicant who is qualified shall be granted licensure as a surveyor intern on: (i) Passing the written examination; and (ii) Providing proof of graduation with a board-approved baccalaureate degree; or (2) (A) A graduate holding or student enrolled in the last year of a program leading to an associate of science or an associate of applied science degree in surveying from a program approved by the board shall be admitted to sit for a written examination in a form approved by the board. (B) An applicant who is qualified shall be granted licensure as a surveyor intern on: (i) Passing the written examination; and (ii) Providing proof of graduation with a board-approved associate of science or associate of applied science degree.

(1) (A) A graduate holding or a student enrolled in the last year of a program leading to a baccalaureate degree from a curriculum of four (4) years or more who has finished at least thirty (30) semester credit hours, or the board-approved equivalent, in courses approved by the board involving land surveying, mapping, and real property shall be admitted to sit for a written examination in a form approved by the board. (B) An applicant who is qualified shall be granted licensure as a surveyor intern on: (i) Passing the written examination; and (ii) Providing proof of graduation with a board-approved baccalaureate degree; or

(A) A graduate holding or a student enrolled in the last year of a program leading to a baccalaureate degree from a curriculum of four (4) years or more who has finished at least thirty (30) semester credit hours, or the board-approved equivalent, in courses approved by the board involving land surveying, mapping, and real property shall be admitted to sit for a written examination in a form approved by the board.

(B) An applicant who is qualified shall be granted licensure as a surveyor intern on: (i) Passing the written examination; and (ii) Providing proof of graduation with a board-approved baccalaureate degree; or

(i) Passing the written examination; and

(ii) Providing proof of graduation with a board-approved baccalaureate degree; or

(2) (A) A graduate holding or student enrolled in the last year of a program leading to an associate of science or an associate of applied science degree in surveying from a program approved by the board shall be admitted to sit for a written examination in a form approved by the board. (B) An applicant who is qualified shall be granted licensure as a surveyor intern on: (i) Passing the written examination; and (ii) Providing proof of graduation with a board-approved associate of science or associate of applied science degree.

(A) A graduate holding or student enrolled in the last year of a program leading to an associate of science or an associate of applied science degree in surveying from a program approved by the board shall be admitted to sit for a written examination in a form approved by the board.

(B) An applicant who is qualified shall be granted licensure as a surveyor intern on: (i) Passing the written examination; and (ii) Providing proof of graduation with a board-approved associate of science or associate of applied science degree.

(i) Passing the written examination; and

(ii) Providing proof of graduation with a board-approved associate of science or associate of applied science degree.

Amended by Act 2019, No. 990,§ 54, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 53, eff. 7/24/2019.

Acts 1967, No. 101, § 4; 1977, No. 807, § 2; A.S.A. 1947, § 71-2304; Acts 2005, No. 1178, § 12; 2009, No. 392, § 1; 2009, No. 444, § 7; 2011, No. 898, § 2.
Ark. Code Ann. § 17-29-701 — AR Code / Title 17 / Chapter 29 / Subchapter 7 / Section 17-29-701
Authority
Status: in_force

A funeral director or embalmer licensed pursuant to § 17-29-301 et seq. who has completed a course in eye enucleation and has received a certificate of competence from the Department of Ophthalmology of the University of Arkansas College of Medicine may enucleate the eyes of a deceased person pursuant to a disposition or gift thereof by the decedent or another person in the manner prescribed in the Revised Arkansas Anatomical Gift Act, § 20-17-1201 et seq., after proper certification of death by a physician. Acts 1973, No. 425, § 1; A.S.A. 1947, § 71-920; Acts 2007, No. 839, § 2.

A funeral director or embalmer licensed pursuant to § 17-29-301 et seq. who has completed a course in eye enucleation and has received a certificate of competence from the Department of Ophthalmology of the University of Arkansas College of Medicine may enucleate the eyes of a deceased person pursuant to a disposition or gift thereof by the decedent or another person in the manner prescribed in the Revised Arkansas Anatomical Gift Act, § 20-17-1201 et seq., after proper certification of death by a physician.

Acts 1973, No. 425, § 1; A.S.A. 1947, § 71-920; Acts 2007, No. 839, § 2.
Ark. Code Ann. § 17-30-101 — AR Code / Title 17 / Chapter 30 / Subchapter 1 / Section 17-30-101
Definitions
Status: in_force

As used in this chapter: (1) "Consulting engineer" means a professional engineer whose principal occupation is the independent practice of engineering, whose livelihood is obtained by offering engineering services to the public, who serves clients as an independent fiduciary, who is devoid of public, commercial, and product affiliation that might tend to infer a conflict of interest, and who is aware of his or her public and legal responsibilities and is capable of discharging them; (2) "Engineer-intern" means a person who under this chapter has: (A) Qualified for an examination authorized by the State Board of Licensure for Professional Engineers and Professional Surveyors in fundamental engineering subjects; and (B) Passed the examination; (3) (A) "Firm" means a form of business entity that offers professional engineering services of its licensed personnel to the public. (B) "Firm" does not include an individual licensee operating under his or her name; (4) (A) "Practice of engineering" means a service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge in the mathematical, physical, and engineering sciences to services or creative work such as consultation, investigation, evaluation, planning, and design of engineering works and systems relating to the use of air, land, water, municipal and regional planning, forensic services, engineering teaching of advanced engineering subjects or related courses, engineering surveys, and the inspection of construction to assure compliance with drawings and specifications that are related to public or private service or work, concerning any utilities, structures, buildings, machines, equipment, processes, work systems, or projects including architectural work that is incidental to the practice of engineering. (B) A person practices or offers to practice engineering, within the meaning of this chapter, who: (i) Practices a branch of the profession of engineering; (ii) By verbal claim, sign advertisement, letterhead, card, or in any other way represents himself or herself to be an engineer; (iii) Through the use of some other title implies that he or she is an engineer or that he or she is licensed under this chapter; or (iv) Holds himself or herself out as able to perform or does perform an engineering service or work or any other service designated by the practitioner that is recognized as engineering. (C) "Practice of engineering" does not include: (i) Persons who operate or maintain machinery or equipment; or (ii) The act of measuring land, drawing plans, reading plans, or doing other work normally performed by a mechanic, technician, professional surveyor, or draftsman; (5) "Professional engineer" means a person who has been licensed as a professional engineer by the State Board of Licensure for Professional Engineers and Professional Surveyors; and (6) "Responsible charge" means direct control of, supervision of, and legal responsibility for all engineering work performed. Acts 1953, No. 214, § 3; 1969, No. 196, § 1; A.S.A. 1947, § 71-1020; Acts 1993, No. 1041, § 1; 2009, No. 444, § 1; 2011, No. 897, § 1.

As used in this chapter:

(1) "Consulting engineer" means a professional engineer whose principal occupation is the independent practice of engineering, whose livelihood is obtained by offering engineering services to the public, who serves clients as an independent fiduciary, who is devoid of public, commercial, and product affiliation that might tend to infer a conflict of interest, and who is aware of his or her public and legal responsibilities and is capable of discharging them;

(2) "Engineer-intern" means a person who under this chapter has: (A) Qualified for an examination authorized by the State Board of Licensure for Professional Engineers and Professional Surveyors in fundamental engineering subjects; and (B) Passed the examination;

(A) Qualified for an examination authorized by the State Board of Licensure for Professional Engineers and Professional Surveyors in fundamental engineering subjects; and

(B) Passed the examination;

(3) (A) "Firm" means a form of business entity that offers professional engineering services of its licensed personnel to the public. (B) "Firm" does not include an individual licensee operating under his or her name;

(A) "Firm" means a form of business entity that offers professional engineering services of its licensed personnel to the public.

(B) "Firm" does not include an individual licensee operating under his or her name;

(4) (A) "Practice of engineering" means a service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge in the mathematical, physical, and engineering sciences to services or creative work such as consultation, investigation, evaluation, planning, and design of engineering works and systems relating to the use of air, land, water, municipal and regional planning, forensic services, engineering teaching of advanced engineering subjects or related courses, engineering surveys, and the inspection of construction to assure compliance with drawings and specifications that are related to public or private service or work, concerning any utilities, structures, buildings, machines, equipment, processes, work systems, or projects including architectural work that is incidental to the practice of engineering. (B) A person practices or offers to practice engineering, within the meaning of this chapter, who: (i) Practices a branch of the profession of engineering; (ii) By verbal claim, sign advertisement, letterhead, card, or in any other way represents himself or herself to be an engineer; (iii) Through the use of some other title implies that he or she is an engineer or that he or she is licensed under this chapter; or (iv) Holds himself or herself out as able to perform or does perform an engineering service or work or any other service designated by the practitioner that is recognized as engineering. (C) "Practice of engineering" does not include: (i) Persons who operate or maintain machinery or equipment; or (ii) The act of measuring land, drawing plans, reading plans, or doing other work normally performed by a mechanic, technician, professional surveyor, or draftsman;

(A) "Practice of engineering" means a service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge in the mathematical, physical, and engineering sciences to services or creative work such as consultation, investigation, evaluation, planning, and design of engineering works and systems relating to the use of air, land, water, municipal and regional planning, forensic services, engineering teaching of advanced engineering subjects or related courses, engineering surveys, and the inspection of construction to assure compliance with drawings and specifications that are related to public or private service or work, concerning any utilities, structures, buildings, machines, equipment, processes, work systems, or projects including architectural work that is incidental to the practice of engineering.

(B) A person practices or offers to practice engineering, within the meaning of this chapter, who: (i) Practices a branch of the profession of engineering; (ii) By verbal claim, sign advertisement, letterhead, card, or in any other way represents himself or herself to be an engineer; (iii) Through the use of some other title implies that he or she is an engineer or that he or she is licensed under this chapter; or (iv) Holds himself or herself out as able to perform or does perform an engineering service or work or any other service designated by the practitioner that is recognized as engineering.

(i) Practices a branch of the profession of engineering;

(ii) By verbal claim, sign advertisement, letterhead, card, or in any other way represents himself or herself to be an engineer;

(iii) Through the use of some other title implies that he or she is an engineer or that he or she is licensed under this chapter; or

(iv) Holds himself or herself out as able to perform or does perform an engineering service or work or any other service designated by the practitioner that is recognized as engineering.

(C) "Practice of engineering" does not include: (i) Persons who operate or maintain machinery or equipment; or (ii) The act of measuring land, drawing plans, reading plans, or doing other work normally performed by a mechanic, technician, professional surveyor, or draftsman;

(i) Persons who operate or maintain machinery or equipment; or

(ii) The act of measuring land, drawing plans, reading plans, or doing other work normally performed by a mechanic, technician, professional surveyor, or draftsman;

(5) "Professional engineer" means a person who has been licensed as a professional engineer by the State Board of Licensure for Professional Engineers and Professional Surveyors; and

(6) "Responsible charge" means direct control of, supervision of, and legal responsibility for all engineering work performed.

Acts 1953, No. 214, § 3; 1969, No. 196, § 1; A.S.A. 1947, § 71-1020; Acts 1993, No. 1041, § 1; 2009, No. 444, § 1; 2011, No. 897, § 1.
Ark. Code Ann. § 17-96-307 — AR Code / Title 17 / Chapter 96 / Subchapter 3 / Section 17-96-307
Recording and display of license
Status: in_force

(a) All licenses shall be recorded in the manner of other medical licenses in the office of the county recorder in which county the licensee practices. (b) All licenses shall be conspicuously displayed at the office or other place of practice. Acts 1923, No. 610, § 6; Pope's Dig., §§ 10850, 12115; Acts 1973, No. 31, § 4; 1983, No. 429, § 6; A.S.A. 1947, § 72-306.

(a) All licenses shall be recorded in the manner of other medical licenses in the office of the county recorder in which county the licensee practices.

(b) All licenses shall be conspicuously displayed at the office or other place of practice.

Acts 1923, No. 610, § 6; Pope's Dig., §§ 10850, 12115; Acts 1973, No. 31, § 4; 1983, No. 429, § 6; A.S.A. 1947, § 72-306.
Ark. Code Ann. § 17-7-106 — AR Code / Title 17 / Chapter 7 / Section 17-7-106
Exemptions
Status: in_force

(a) This chapter does not apply to licensure or certification of: (1) Medical professions under Title 17, Subtitle 3; (2) Legal professionals; or (3) Individuals under reciprocity agreements. (b) This chapter does not apply to an existing multistate or interstate compact if the chapter would result in a nullification of the multistate or interstate compact. Added by Act 2023, No. 457,§ 1, eff. 8/1/2023.

(a) This chapter does not apply to licensure or certification of: (1) Medical professions under Title 17, Subtitle 3; (2) Legal professionals; or (3) Individuals under reciprocity agreements.

(1) Medical professions under Title 17, Subtitle 3;

(2) Legal professionals; or

(3) Individuals under reciprocity agreements.

(b) This chapter does not apply to an existing multistate or interstate compact if the chapter would result in a nullification of the multistate or interstate compact.

Added by Act 2023, No. 457,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 17-38-311 — AR Code / Title 17 / Chapter 38 / Subchapter 3 / Section 17-38-311
Restricted lifetime master plumber license
Status: in_force

(a) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a licensed master plumber licensed by the Department of Health for not less than twelve (12) years may apply for a restricted lifetime master plumber license. This license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the department. (b) The department shall promulgate rules necessary to carry out the provisions of this section. Amended by Act 2019, No. 315,§ 1456, eff. 7/24/2019. Acts 1991, No. 330, § 5.

(a) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a licensed master plumber licensed by the Department of Health for not less than twelve (12) years may apply for a restricted lifetime master plumber license. This license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the department.

(b) The department shall promulgate rules necessary to carry out the provisions of this section.

Amended by Act 2019, No. 315,§ 1456, eff. 7/24/2019.

Acts 1991, No. 330, § 5.
Ark. Code Ann. § 17-82-304 — AR Code / Title 17 / Chapter 82 / Subchapter 3 / Section 17-82-304
Dentists generally - Licensing procedure
Status: in_force

(a) (1) A person not previously licensed to practice dentistry in the State of Arkansas who desires to do so shall apply in writing for examination to the Secretary-treasurer of the Arkansas State Board of Dental Examiners and shall transmit with the written application his or her examination and licensing fee. (2) The examination and licensing fee shall be determined by the Arkansas State Board of Dental Examiners and shall be an amount reasonably calculated to cover the costs of administering the examination, issuing the license to practice, and otherwise administering this chapter. (b) An applicant: (1) Shall: (A) Be at least twenty-one (21) years of age; (B) Submit upon request proof as required by the board touching upon age and fitness; and (C) Have graduated from an American Dental Association-accredited college of dentistry with the degree of Doctor of Dental Surgery or Doctor of Dental Medicine; or (2) Shall: (A) Be at least twenty-one (21) years of age; (B) Have graduated from a college of dentistry in North America with the degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or an equivalent degree approved by the board; (C) Have passed an examination approved by the board and authorized under § 17-82-303 ; (D) Be a resident of the State of Arkansas and the United States and be in compliance with federal laws of immigration; and (E) Serve a period of at least one (1) year under a provisional license issued by the board to foreign graduates and successfully complete the monitoring requirements as ordered by the board at the time the provisional license is issued. (c) (1) If the board determines that the applicant is qualified to take the examination required for licensing, it shall notify the applicant of the time and place to report before it for examination. (2) If a qualified applicant fails to appear for examination, the fee shall be retained by the board and the applicant shall be entitled to take any examination required for licensing held at any time within three (3) years thereafter, if he or she is then qualified, without additional fee charge unless the amount of the fee is increased by the board, in which event the applicant must pay the difference between the amount of fee credited to him or her and the increased fee amount. (3) If an applicant fails to make the grade or percentage required by the board, the fee paid by him or her shall be retained by the board. (4) If an applicant makes the grade or percentage required by the board, then it shall issue to him or her without further initial cost a license to practice dentistry in the State of Arkansas. (d) (1) All licenses shall be numbered and issued consecutively. (2) If a license is lost or destroyed, the secretary-treasurer shall furnish a certified copy to the licensee upon the payment of a fee to be prescribed by the board. The fee shall be an amount reasonably calculated to cover the cost of furnishing the certified copy. Amended by Act 2019, No. 990,§ 62, eff. 7/24/2019. Acts 1955, No. 14, § 20; 1959, No. 4, § 1; 1969, No. 91, § 5; 1973, No. 85, § 3; 1977, No. 258, §§ 2, 3; 1981, No. 889, § 3; A.S.A. 1947, § 72-553; Acts 2003, No. 377, § 1; 2003, No. 661, § 1.

(a) (1) A person not previously licensed to practice dentistry in the State of Arkansas who desires to do so shall apply in writing for examination to the Secretary-treasurer of the Arkansas State Board of Dental Examiners and shall transmit with the written application his or her examination and licensing fee. (2) The examination and licensing fee shall be determined by the Arkansas State Board of Dental Examiners and shall be an amount reasonably calculated to cover the costs of administering the examination, issuing the license to practice, and otherwise administering this chapter.

(1) A person not previously licensed to practice dentistry in the State of Arkansas who desires to do so shall apply in writing for examination to the Secretary-treasurer of the Arkansas State Board of Dental Examiners and shall transmit with the written application his or her examination and licensing fee.

(2) The examination and licensing fee shall be determined by the Arkansas State Board of Dental Examiners and shall be an amount reasonably calculated to cover the costs of administering the examination, issuing the license to practice, and otherwise administering this chapter.

(b) An applicant: (1) Shall: (A) Be at least twenty-one (21) years of age; (B) Submit upon request proof as required by the board touching upon age and fitness; and (C) Have graduated from an American Dental Association-accredited college of dentistry with the degree of Doctor of Dental Surgery or Doctor of Dental Medicine; or (2) Shall: (A) Be at least twenty-one (21) years of age; (B) Have graduated from a college of dentistry in North America with the degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or an equivalent degree approved by the board; (C) Have passed an examination approved by the board and authorized under § 17-82-303 ; (D) Be a resident of the State of Arkansas and the United States and be in compliance with federal laws of immigration; and (E) Serve a period of at least one (1) year under a provisional license issued by the board to foreign graduates and successfully complete the monitoring requirements as ordered by the board at the time the provisional license is issued.

(1) Shall: (A) Be at least twenty-one (21) years of age; (B) Submit upon request proof as required by the board touching upon age and fitness; and (C) Have graduated from an American Dental Association-accredited college of dentistry with the degree of Doctor of Dental Surgery or Doctor of Dental Medicine; or

(A) Be at least twenty-one (21) years of age;

(B) Submit upon request proof as required by the board touching upon age and fitness; and

(C) Have graduated from an American Dental Association-accredited college of dentistry with the degree of Doctor of Dental Surgery or Doctor of Dental Medicine; or

(2) Shall: (A) Be at least twenty-one (21) years of age; (B) Have graduated from a college of dentistry in North America with the degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or an equivalent degree approved by the board; (C) Have passed an examination approved by the board and authorized under § 17-82-303 ; (D) Be a resident of the State of Arkansas and the United States and be in compliance with federal laws of immigration; and (E) Serve a period of at least one (1) year under a provisional license issued by the board to foreign graduates and successfully complete the monitoring requirements as ordered by the board at the time the provisional license is issued.

(A) Be at least twenty-one (21) years of age;

(B) Have graduated from a college of dentistry in North America with the degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or an equivalent degree approved by the board;

(C) Have passed an examination approved by the board and authorized under § 17-82-303 ;

(D) Be a resident of the State of Arkansas and the United States and be in compliance with federal laws of immigration; and

(E) Serve a period of at least one (1) year under a provisional license issued by the board to foreign graduates and successfully complete the monitoring requirements as ordered by the board at the time the provisional license is issued.

(c) (1) If the board determines that the applicant is qualified to take the examination required for licensing, it shall notify the applicant of the time and place to report before it for examination. (2) If a qualified applicant fails to appear for examination, the fee shall be retained by the board and the applicant shall be entitled to take any examination required for licensing held at any time within three (3) years thereafter, if he or she is then qualified, without additional fee charge unless the amount of the fee is increased by the board, in which event the applicant must pay the difference between the amount of fee credited to him or her and the increased fee amount. (3) If an applicant fails to make the grade or percentage required by the board, the fee paid by him or her shall be retained by the board. (4) If an applicant makes the grade or percentage required by the board, then it shall issue to him or her without further initial cost a license to practice dentistry in the State of Arkansas.

(1) If the board determines that the applicant is qualified to take the examination required for licensing, it shall notify the applicant of the time and place to report before it for examination.

(2) If a qualified applicant fails to appear for examination, the fee shall be retained by the board and the applicant shall be entitled to take any examination required for licensing held at any time within three (3) years thereafter, if he or she is then qualified, without additional fee charge unless the amount of the fee is increased by the board, in which event the applicant must pay the difference between the amount of fee credited to him or her and the increased fee amount.

(3) If an applicant fails to make the grade or percentage required by the board, the fee paid by him or her shall be retained by the board.

(4) If an applicant makes the grade or percentage required by the board, then it shall issue to him or her without further initial cost a license to practice dentistry in the State of Arkansas.

(d) (1) All licenses shall be numbered and issued consecutively. (2) If a license is lost or destroyed, the secretary-treasurer shall furnish a certified copy to the licensee upon the payment of a fee to be prescribed by the board. The fee shall be an amount reasonably calculated to cover the cost of furnishing the certified copy.

(1) All licenses shall be numbered and issued consecutively.

(2) If a license is lost or destroyed, the secretary-treasurer shall furnish a certified copy to the licensee upon the payment of a fee to be prescribed by the board. The fee shall be an amount reasonably calculated to cover the cost of furnishing the certified copy.

Amended by Act 2019, No. 990,§ 62, eff. 7/24/2019.

Acts 1955, No. 14, § 20; 1959, No. 4, § 1; 1969, No. 91, § 5; 1973, No. 85, § 3; 1977, No. 258, §§ 2, 3; 1981, No. 889, § 3; A.S.A. 1947, § 72-553; Acts 2003, No. 377, § 1; 2003, No. 661, § 1.
Ark. Code Ann. § 17-87-301 — AR Code / Title 17 / Chapter 87 / Subchapter 3 / Section 17-87-301
Registered nurses
Status: in_force

(a) Qualifications. Before taking the examination or before the issuance of a license by endorsement, an applicant for a license to practice professional nursing shall submit to the Arkansas State Board of Nursing written evidence, verified by oath, that the applicant: (1) Has completed an approved high school course of study or the equivalent thereof as determined by the appropriate educational agency; and (2) Has completed the required approved professional nursing education program. (b) Issuance of License. A license to practice as a registered nurse may be issued: (1) By Examination. The applicant shall be required to pass an examination in such subjects as the board may determine. Upon successfully passing the examination, the board shall issue to the applicant a license to practice professional nursing as a registered nurse; or (2) By Endorsement. The board may issue a license to practice professional nursing as a registered nurse by endorsement to an applicant who has been duly licensed as a registered nurse under the laws of another state, territory, or foreign country if, in the opinion of the board, the applicant meets the qualifications required of registered nurses in this state at the time of graduation and if the board so recommends. (c) Nurses Registered Before March 29, 1971. Any person holding a license or certificate of registration to practice nursing as a registered nurse issued by the board which was valid on March 29, 1971, shall be deemed to be licensed as a registered nurse under the provisions of this chapter. (d) Title and Abbreviation. Any person who holds a license to practice professional nursing in this state shall have the right to use the title "registered nurse" and the abbreviation "R.N.". Amended by Act 2019, No. 990,§ 73, eff. 7/24/2019. Acts 1971, No. 432, § 10; 1979, No. 613, § 3; 1981 (1st Ex. Sess.), No. 19, §§ 1-3; A.S.A. 1947, § 72-754; Acts 1991, No. 162, § 1; 1995, No. 409, § 8.

(a) Qualifications. Before taking the examination or before the issuance of a license by endorsement, an applicant for a license to practice professional nursing shall submit to the Arkansas State Board of Nursing written evidence, verified by oath, that the applicant: (1) Has completed an approved high school course of study or the equivalent thereof as determined by the appropriate educational agency; and (2) Has completed the required approved professional nursing education program.

(1) Has completed an approved high school course of study or the equivalent thereof as determined by the appropriate educational agency; and

(2) Has completed the required approved professional nursing education program.

(b) Issuance of License. A license to practice as a registered nurse may be issued: (1) By Examination. The applicant shall be required to pass an examination in such subjects as the board may determine. Upon successfully passing the examination, the board shall issue to the applicant a license to practice professional nursing as a registered nurse; or (2) By Endorsement. The board may issue a license to practice professional nursing as a registered nurse by endorsement to an applicant who has been duly licensed as a registered nurse under the laws of another state, territory, or foreign country if, in the opinion of the board, the applicant meets the qualifications required of registered nurses in this state at the time of graduation and if the board so recommends.

(1) By Examination. The applicant shall be required to pass an examination in such subjects as the board may determine. Upon successfully passing the examination, the board shall issue to the applicant a license to practice professional nursing as a registered nurse; or

(2) By Endorsement. The board may issue a license to practice professional nursing as a registered nurse by endorsement to an applicant who has been duly licensed as a registered nurse under the laws of another state, territory, or foreign country if, in the opinion of the board, the applicant meets the qualifications required of registered nurses in this state at the time of graduation and if the board so recommends.

(c) Nurses Registered Before March 29, 1971. Any person holding a license or certificate of registration to practice nursing as a registered nurse issued by the board which was valid on March 29, 1971, shall be deemed to be licensed as a registered nurse under the provisions of this chapter.

(d) Title and Abbreviation. Any person who holds a license to practice professional nursing in this state shall have the right to use the title "registered nurse" and the abbreviation "R.N.".

Amended by Act 2019, No. 990,§ 73, eff. 7/24/2019.

Acts 1971, No. 432, § 10; 1979, No. 613, § 3; 1981 (1st Ex. Sess.), No. 19, §§ 1-3; A.S.A. 1947, § 72-754; Acts 1991, No. 162, § 1; 1995, No. 409, § 8.
Ark. Code Ann. § 17-25-311 — AR Code / Title 17 / Chapter 25 / Subchapter 3 / Section 17-25-311
Corporations and partnerships - Unlawful acts
Status: in_force

(a) A corporation or partnership may engage in the business of contracting when licensed by the Contractors Licensing Board. (b) It shall be unlawful and a violation of this chapter for any two (2) or more contractors, whether doing business as individuals, partnerships, corporations, or other organizations, to jointly submit a bid or enter into a contract for construction as a joint venture unless all parties to the joint venture are licensed pursuant to this chapter. (c) Any combination of contractors other than a joint venture shall obtain a license for the combination before submitting a bid. Acts 1965, No. 150, § 17; 1985, No. 180, § 5; A.S.A. 1947, § 71-716.

(a) A corporation or partnership may engage in the business of contracting when licensed by the Contractors Licensing Board.

(b) It shall be unlawful and a violation of this chapter for any two (2) or more contractors, whether doing business as individuals, partnerships, corporations, or other organizations, to jointly submit a bid or enter into a contract for construction as a joint venture unless all parties to the joint venture are licensed pursuant to this chapter.

(c) Any combination of contractors other than a joint venture shall obtain a license for the combination before submitting a bid.

Acts 1965, No. 150, § 17; 1985, No. 180, § 5; A.S.A. 1947, § 71-716.
Ark. Code Ann. § 17-25-309 — AR Code / Title 17 / Chapter 25 / Subchapter 3 / Section 17-25-309
Procedure for revocation - Reissuance - Emergency suspension
Status: in_force

(a) Any person may prefer charges in connection with the foregoing against any contractor licensed or registered under this chapter. (b) The charges shall be in writing and sworn to by the complainant and mailed to the Contractors Licensing Board and, unless dismissed without hearing by the board as unfounded or trivial, shall be heard and determined by the board. (c) A time and place for the hearing shall be fixed by the board, and the hearing shall be held in the State of Arkansas. (d) A copy of the charges, together with the notice of the time and place of hearing, shall be considered as legally served by the board when sent to the last known address of the accused by certified mail at least ten (10) days before the date fixed for the hearing. In the event that such service cannot be effected ten (10) days before the hearing, then the date of hearing and determination shall be postponed as may be necessary to permit the carrying out of this condition. (e) At the hearing the accused contractor shall have the right to appear personally and by counsel and to cross-examine witnesses and to submit evidence in the contractor's behalf and defense. (f) If after the hearing the board finds the facts as alleged and of such character as to disqualify the contractor, then the board shall revoke the license or registration of the contractor, but in that event no refund shall be made of the license or registration fee. (g) Within its discretion and upon proper application or hearing, the board may reissue a license or registration to any contractor whose license or registration has been revoked. (h) (1) When abuse, neglect, or exploitation of an endangered person or an impaired person is found by the board to have occurred, the board may: (A) State in writing that due to imminent physical or other harm to the endangered person or impaired person, the situation merits the emergency suspension of a license or registration; and (B) Proceed with the suspension of a license or registration without a hearing or upon any abbreviated hearing that the board finds practicable to suspend the license or registration. (2) The emergency suspension shall become effective immediately, unless otherwise stated in the written determination by the board. (3) The emergency suspension may be effective for a period of thirty (30) days or less and the emergency suspension shall not be renewable. (4) When an emergency suspension is ordered, a formal suspension or revocation proceeding shall be promptly instituted and acted upon in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 805,§ 16, eff. 7/1/2020. Amended by Act 2019, No. 805,§ 15, eff. 7/1/2020. Amended by Act 2019, No. 805,§ 14, eff. 7/1/2020. Acts 1965, No. 150, § 12; A.S.A. 1947, § 71-711; Acts 1999, No. 43, § 4; 2003, No. 91, § 1.

(a) Any person may prefer charges in connection with the foregoing against any contractor licensed or registered under this chapter.

(b) The charges shall be in writing and sworn to by the complainant and mailed to the Contractors Licensing Board and, unless dismissed without hearing by the board as unfounded or trivial, shall be heard and determined by the board.

(c) A time and place for the hearing shall be fixed by the board, and the hearing shall be held in the State of Arkansas.

(d) A copy of the charges, together with the notice of the time and place of hearing, shall be considered as legally served by the board when sent to the last known address of the accused by certified mail at least ten (10) days before the date fixed for the hearing. In the event that such service cannot be effected ten (10) days before the hearing, then the date of hearing and determination shall be postponed as may be necessary to permit the carrying out of this condition.

(e) At the hearing the accused contractor shall have the right to appear personally and by counsel and to cross-examine witnesses and to submit evidence in the contractor's behalf and defense.

(f) If after the hearing the board finds the facts as alleged and of such character as to disqualify the contractor, then the board shall revoke the license or registration of the contractor, but in that event no refund shall be made of the license or registration fee.

(g) Within its discretion and upon proper application or hearing, the board may reissue a license or registration to any contractor whose license or registration has been revoked.

(h) (1) When abuse, neglect, or exploitation of an endangered person or an impaired person is found by the board to have occurred, the board may: (A) State in writing that due to imminent physical or other harm to the endangered person or impaired person, the situation merits the emergency suspension of a license or registration; and (B) Proceed with the suspension of a license or registration without a hearing or upon any abbreviated hearing that the board finds practicable to suspend the license or registration. (2) The emergency suspension shall become effective immediately, unless otherwise stated in the written determination by the board. (3) The emergency suspension may be effective for a period of thirty (30) days or less and the emergency suspension shall not be renewable. (4) When an emergency suspension is ordered, a formal suspension or revocation proceeding shall be promptly instituted and acted upon in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) When abuse, neglect, or exploitation of an endangered person or an impaired person is found by the board to have occurred, the board may: (A) State in writing that due to imminent physical or other harm to the endangered person or impaired person, the situation merits the emergency suspension of a license or registration; and (B) Proceed with the suspension of a license or registration without a hearing or upon any abbreviated hearing that the board finds practicable to suspend the license or registration.

(A) State in writing that due to imminent physical or other harm to the endangered person or impaired person, the situation merits the emergency suspension of a license or registration; and

(B) Proceed with the suspension of a license or registration without a hearing or upon any abbreviated hearing that the board finds practicable to suspend the license or registration.

(2) The emergency suspension shall become effective immediately, unless otherwise stated in the written determination by the board.

(3) The emergency suspension may be effective for a period of thirty (30) days or less and the emergency suspension shall not be renewable.

(4) When an emergency suspension is ordered, a formal suspension or revocation proceeding shall be promptly instituted and acted upon in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 805,§ 16, eff. 7/1/2020.

Amended by Act 2019, No. 805,§ 15, eff. 7/1/2020.

Amended by Act 2019, No. 805,§ 14, eff. 7/1/2020.

Acts 1965, No. 150, § 12; A.S.A. 1947, § 71-711; Acts 1999, No. 43, § 4; 2003, No. 91, § 1.
Ark. Code Ann. § 17-11-341 — AR Code / Title 17 / Chapter 11 / Subchapter 3 / Section 17-11-341
Revocation of certificates - Procedure - Appeal
Status: in_force

(a) (1) Upon a verified complaint's being filed with the State Board of Appraisers, Abstracters, and Home Inspectors or upon the board's own motion filing a complaint charging the holder of a certificate of registration with a violation of any of the provisions of this chapter, or conviction of a crime under § 17-3-102 , or habitual carelessness or fraudulent practices in the conduct of the business of abstracting, or charging the holder of a certificate of authority with failure to furnish the bond or bonds, or other securities, required by § 17-11-324 , or with failing to have employed a registered abstracter as provided in § 17-11-301 , or with a violation of any of the provisions of this chapter, the board shall immediately notify in writing by registered mail, with return receipt, the holder of the certificate of the filing of the complaint and furnish the holder with a copy of the complaint. (2) The board shall at the same time require the holder of the certificate to appear before it on a day fixed by the board, not less than twenty (20) days nor more than forty (40) days from the date of the service of the complaint on the holder of the certificate, and to show cause why the certificate should not be cancelled and revoked. (3) Under the hand of its chair and the seal of the board, the board may subpoena witnesses and compel their attendance and may require the production of books, papers, and other documents. (4) The chair or secretary-treasurer may administer oaths or affirmations to witnesses appearing before the board. (5) (A) If any person refuses to obey any subpoena so issued or refuses to testify or to produce any books, papers, or other documents, the board may present its petition to any court of record, setting forth the facts. (B) Thereupon the court shall, in a proper case, issue its subpoena to the person requiring his or her attendance before the court and there to testify or produce such books, papers, and documents as may be deemed necessary and pertinent. (6) The holder of the certificate shall be entitled to counsel at any hearing before the board or any other hearing involving revocation of his or her certificate. (7) The board shall cause a transcript of any testimony taken to be made by a reporter or stenographer. (b) (1) (A) Either the respondent or the complainant may appeal from the decision of the board to the circuit court in the county in which the respondent has his or her or its place of business. (B) The appeal shall be taken within thirty (30) days after the decision of the board by causing a written notice of appeal to be served on the secretary-treasurer of the board and executing a bond to the State of Arkansas, with surety to be approved by the secretary-treasurer of the board, conditioned to pay all costs that may be adjudged against the appellant. (2) Upon an appeal's being taken, the secretary-treasurer of the board shall immediately make out a return of the proceedings in the matter before the board with its decision thereon and file them together with the bond and all the papers pertaining thereto in his or her possession, including a certified record of testimony taken at the hearing, with the clerk of the court to which the appeal is taken. (3) The court shall hear the appeal as a trial de novo, and the costs of the appeal, including the furnishing of the testimony, shall be taxed as the court may direct. (4) An appeal shall stay the cancellation of any certificate of registration or certificate of authority until the final decision is had on appeal. Amended by Act 2023, No. 628,§ 14, eff. 7/1/2023. Amended by Act 2019, No. 990,§ 6, eff. 7/24/2019. Acts 1969, No. 109, § 8; A.S.A. 1947, § 71-108; Acts 2007, No. 1042, § 13.

(a) (1) Upon a verified complaint's being filed with the State Board of Appraisers, Abstracters, and Home Inspectors or upon the board's own motion filing a complaint charging the holder of a certificate of registration with a violation of any of the provisions of this chapter, or conviction of a crime under § 17-3-102 , or habitual carelessness or fraudulent practices in the conduct of the business of abstracting, or charging the holder of a certificate of authority with failure to furnish the bond or bonds, or other securities, required by § 17-11-324 , or with failing to have employed a registered abstracter as provided in § 17-11-301 , or with a violation of any of the provisions of this chapter, the board shall immediately notify in writing by registered mail, with return receipt, the holder of the certificate of the filing of the complaint and furnish the holder with a copy of the complaint. (2) The board shall at the same time require the holder of the certificate to appear before it on a day fixed by the board, not less than twenty (20) days nor more than forty (40) days from the date of the service of the complaint on the holder of the certificate, and to show cause why the certificate should not be cancelled and revoked. (3) Under the hand of its chair and the seal of the board, the board may subpoena witnesses and compel their attendance and may require the production of books, papers, and other documents. (4) The chair or secretary-treasurer may administer oaths or affirmations to witnesses appearing before the board. (5) (A) If any person refuses to obey any subpoena so issued or refuses to testify or to produce any books, papers, or other documents, the board may present its petition to any court of record, setting forth the facts. (B) Thereupon the court shall, in a proper case, issue its subpoena to the person requiring his or her attendance before the court and there to testify or produce such books, papers, and documents as may be deemed necessary and pertinent. (6) The holder of the certificate shall be entitled to counsel at any hearing before the board or any other hearing involving revocation of his or her certificate. (7) The board shall cause a transcript of any testimony taken to be made by a reporter or stenographer.

(1) Upon a verified complaint's being filed with the State Board of Appraisers, Abstracters, and Home Inspectors or upon the board's own motion filing a complaint charging the holder of a certificate of registration with a violation of any of the provisions of this chapter, or conviction of a crime under § 17-3-102 , or habitual carelessness or fraudulent practices in the conduct of the business of abstracting, or charging the holder of a certificate of authority with failure to furnish the bond or bonds, or other securities, required by § 17-11-324 , or with failing to have employed a registered abstracter as provided in § 17-11-301 , or with a violation of any of the provisions of this chapter, the board shall immediately notify in writing by registered mail, with return receipt, the holder of the certificate of the filing of the complaint and furnish the holder with a copy of the complaint.

(2) The board shall at the same time require the holder of the certificate to appear before it on a day fixed by the board, not less than twenty (20) days nor more than forty (40) days from the date of the service of the complaint on the holder of the certificate, and to show cause why the certificate should not be cancelled and revoked.

(3) Under the hand of its chair and the seal of the board, the board may subpoena witnesses and compel their attendance and may require the production of books, papers, and other documents.

(4) The chair or secretary-treasurer may administer oaths or affirmations to witnesses appearing before the board.

(5) (A) If any person refuses to obey any subpoena so issued or refuses to testify or to produce any books, papers, or other documents, the board may present its petition to any court of record, setting forth the facts. (B) Thereupon the court shall, in a proper case, issue its subpoena to the person requiring his or her attendance before the court and there to testify or produce such books, papers, and documents as may be deemed necessary and pertinent.

(A) If any person refuses to obey any subpoena so issued or refuses to testify or to produce any books, papers, or other documents, the board may present its petition to any court of record, setting forth the facts.

(B) Thereupon the court shall, in a proper case, issue its subpoena to the person requiring his or her attendance before the court and there to testify or produce such books, papers, and documents as may be deemed necessary and pertinent.

(6) The holder of the certificate shall be entitled to counsel at any hearing before the board or any other hearing involving revocation of his or her certificate.

(7) The board shall cause a transcript of any testimony taken to be made by a reporter or stenographer.

(b) (1) (A) Either the respondent or the complainant may appeal from the decision of the board to the circuit court in the county in which the respondent has his or her or its place of business. (B) The appeal shall be taken within thirty (30) days after the decision of the board by causing a written notice of appeal to be served on the secretary-treasurer of the board and executing a bond to the State of Arkansas, with surety to be approved by the secretary-treasurer of the board, conditioned to pay all costs that may be adjudged against the appellant. (2) Upon an appeal's being taken, the secretary-treasurer of the board shall immediately make out a return of the proceedings in the matter before the board with its decision thereon and file them together with the bond and all the papers pertaining thereto in his or her possession, including a certified record of testimony taken at the hearing, with the clerk of the court to which the appeal is taken. (3) The court shall hear the appeal as a trial de novo, and the costs of the appeal, including the furnishing of the testimony, shall be taxed as the court may direct. (4) An appeal shall stay the cancellation of any certificate of registration or certificate of authority until the final decision is had on appeal.

(1) (A) Either the respondent or the complainant may appeal from the decision of the board to the circuit court in the county in which the respondent has his or her or its place of business. (B) The appeal shall be taken within thirty (30) days after the decision of the board by causing a written notice of appeal to be served on the secretary-treasurer of the board and executing a bond to the State of Arkansas, with surety to be approved by the secretary-treasurer of the board, conditioned to pay all costs that may be adjudged against the appellant.

(A) Either the respondent or the complainant may appeal from the decision of the board to the circuit court in the county in which the respondent has his or her or its place of business.

(B) The appeal shall be taken within thirty (30) days after the decision of the board by causing a written notice of appeal to be served on the secretary-treasurer of the board and executing a bond to the State of Arkansas, with surety to be approved by the secretary-treasurer of the board, conditioned to pay all costs that may be adjudged against the appellant.

(2) Upon an appeal's being taken, the secretary-treasurer of the board shall immediately make out a return of the proceedings in the matter before the board with its decision thereon and file them together with the bond and all the papers pertaining thereto in his or her possession, including a certified record of testimony taken at the hearing, with the clerk of the court to which the appeal is taken.

(3) The court shall hear the appeal as a trial de novo, and the costs of the appeal, including the furnishing of the testimony, shall be taxed as the court may direct.

(4) An appeal shall stay the cancellation of any certificate of registration or certificate of authority until the final decision is had on appeal.

Amended by Act 2023, No. 628,§ 14, eff. 7/1/2023.

Amended by Act 2019, No. 990,§ 6, eff. 7/24/2019.

Acts 1969, No. 109, § 8; A.S.A. 1947, § 71-108; Acts 2007, No. 1042, § 13.
Ark. Code Ann. § 17-101-301 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-301
Veterinarians - Application - Qualifications
Status: in_force

(a) Any veterinarian or licensed veterinarian desiring a license to practice veterinary medicine in this state may make written application to the Arkansas Livestock and Poultry Commission showing that he or she is: (1) At least twenty-one (21) years of age; and (2) A person of moral integrity and acceptable ethical standards. (b) The application for licensure to practice veterinary medicine in the State of Arkansas shall: (1) Be written; (2) Be signed by the applicant; (3) Be submitted to the Arkansas Livestock and Poultry Commission at least thirty (30) days before the exam; (4) Be accompanied by a nonrefundable application fee established by the Arkansas Livestock and Poultry Commission; and (5) Include, but not be limited to, the information set forth below: (A) A current photograph of the applicant; (B) A certified transcript of the applicant's veterinary school records; (C) A copy of the applicant's diploma from an accredited veterinary school or an affidavit from the dean of an accredited veterinary school certifying the applicant's ability to graduate if he or she has not graduated at the time of application. However, a copy of the diploma must be submitted upon availability and before the exam date; (D) An Educational Commission for Foreign Veterinary Graduates Certificate or an equivalent program approved by the Arkansas Livestock and Poultry Commission, if applicable; and (E) (i) A National Board Exam score and Clinical Competency Test score or the North American Veterinary Licensing Examination score, or its future equivalent, reported through the Veterinary Information Verification Agency, or its future equivalent. (ii) The Clinical Competency Test is not required for a poultry specialty license. (c) (1) The Arkansas Livestock and Poultry Commission by rule may require that all applicants for licensure by examination complete a preceptorship program during their senior year under the supervision of a veterinarian licensed and in good standing in any state, territory, or district of the United States. (2) The supervising veterinarian shall submit an affidavit to the Arkansas Livestock and Poultry Commission stating that the applicant has satisfactorily completed the preceptorship. (d) (1) If the Arkansas Livestock and Poultry Commission finds that the applicant possesses the proper qualifications, the Arkansas Livestock and Poultry Commission shall admit him or her to the next examination. (2) If an applicant is found unqualified to take the examination or to receive a license without examination, the Arkansas Livestock and Poultry Commission shall immediately notify the applicant in writing of its findings and the grounds for same. Amended by Act 2023, No. 691,§ 153, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 152, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 151, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 150, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1658, eff. 7/24/2019. Acts 1975, No. 650, § 5; A.S.A. 1947, § 72-1136; Acts 1993, No. 1198, § 1; 1993 No. 1219, § 27; 2001, No. 1741, § 3.

(a) Any veterinarian or licensed veterinarian desiring a license to practice veterinary medicine in this state may make written application to the Arkansas Livestock and Poultry Commission showing that he or she is: (1) At least twenty-one (21) years of age; and (2) A person of moral integrity and acceptable ethical standards.

(1) At least twenty-one (21) years of age; and

(2) A person of moral integrity and acceptable ethical standards.

(b) The application for licensure to practice veterinary medicine in the State of Arkansas shall: (1) Be written; (2) Be signed by the applicant; (3) Be submitted to the Arkansas Livestock and Poultry Commission at least thirty (30) days before the exam; (4) Be accompanied by a nonrefundable application fee established by the Arkansas Livestock and Poultry Commission; and (5) Include, but not be limited to, the information set forth below: (A) A current photograph of the applicant; (B) A certified transcript of the applicant's veterinary school records; (C) A copy of the applicant's diploma from an accredited veterinary school or an affidavit from the dean of an accredited veterinary school certifying the applicant's ability to graduate if he or she has not graduated at the time of application. However, a copy of the diploma must be submitted upon availability and before the exam date; (D) An Educational Commission for Foreign Veterinary Graduates Certificate or an equivalent program approved by the Arkansas Livestock and Poultry Commission, if applicable; and (E) (i) A National Board Exam score and Clinical Competency Test score or the North American Veterinary Licensing Examination score, or its future equivalent, reported through the Veterinary Information Verification Agency, or its future equivalent. (ii) The Clinical Competency Test is not required for a poultry specialty license.

(1) Be written;

(2) Be signed by the applicant;

(3) Be submitted to the Arkansas Livestock and Poultry Commission at least thirty (30) days before the exam;

(4) Be accompanied by a nonrefundable application fee established by the Arkansas Livestock and Poultry Commission; and

(5) Include, but not be limited to, the information set forth below: (A) A current photograph of the applicant; (B) A certified transcript of the applicant's veterinary school records; (C) A copy of the applicant's diploma from an accredited veterinary school or an affidavit from the dean of an accredited veterinary school certifying the applicant's ability to graduate if he or she has not graduated at the time of application. However, a copy of the diploma must be submitted upon availability and before the exam date; (D) An Educational Commission for Foreign Veterinary Graduates Certificate or an equivalent program approved by the Arkansas Livestock and Poultry Commission, if applicable; and (E) (i) A National Board Exam score and Clinical Competency Test score or the North American Veterinary Licensing Examination score, or its future equivalent, reported through the Veterinary Information Verification Agency, or its future equivalent. (ii) The Clinical Competency Test is not required for a poultry specialty license.

(A) A current photograph of the applicant;

(B) A certified transcript of the applicant's veterinary school records;

(C) A copy of the applicant's diploma from an accredited veterinary school or an affidavit from the dean of an accredited veterinary school certifying the applicant's ability to graduate if he or she has not graduated at the time of application. However, a copy of the diploma must be submitted upon availability and before the exam date;

(D) An Educational Commission for Foreign Veterinary Graduates Certificate or an equivalent program approved by the Arkansas Livestock and Poultry Commission, if applicable; and

(E) (i) A National Board Exam score and Clinical Competency Test score or the North American Veterinary Licensing Examination score, or its future equivalent, reported through the Veterinary Information Verification Agency, or its future equivalent. (ii) The Clinical Competency Test is not required for a poultry specialty license.

(i) A National Board Exam score and Clinical Competency Test score or the North American Veterinary Licensing Examination score, or its future equivalent, reported through the Veterinary Information Verification Agency, or its future equivalent.

(ii) The Clinical Competency Test is not required for a poultry specialty license.

(c) (1) The Arkansas Livestock and Poultry Commission by rule may require that all applicants for licensure by examination complete a preceptorship program during their senior year under the supervision of a veterinarian licensed and in good standing in any state, territory, or district of the United States. (2) The supervising veterinarian shall submit an affidavit to the Arkansas Livestock and Poultry Commission stating that the applicant has satisfactorily completed the preceptorship.

(1) The Arkansas Livestock and Poultry Commission by rule may require that all applicants for licensure by examination complete a preceptorship program during their senior year under the supervision of a veterinarian licensed and in good standing in any state, territory, or district of the United States.

(2) The supervising veterinarian shall submit an affidavit to the Arkansas Livestock and Poultry Commission stating that the applicant has satisfactorily completed the preceptorship.

(d) (1) If the Arkansas Livestock and Poultry Commission finds that the applicant possesses the proper qualifications, the Arkansas Livestock and Poultry Commission shall admit him or her to the next examination. (2) If an applicant is found unqualified to take the examination or to receive a license without examination, the Arkansas Livestock and Poultry Commission shall immediately notify the applicant in writing of its findings and the grounds for same.

(1) If the Arkansas Livestock and Poultry Commission finds that the applicant possesses the proper qualifications, the Arkansas Livestock and Poultry Commission shall admit him or her to the next examination.

(2) If an applicant is found unqualified to take the examination or to receive a license without examination, the Arkansas Livestock and Poultry Commission shall immediately notify the applicant in writing of its findings and the grounds for same.

Amended by Act 2023, No. 691,§ 153, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 152, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 151, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 150, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1658, eff. 7/24/2019.

Acts 1975, No. 650, § 5; A.S.A. 1947, § 72-1136; Acts 1993, No. 1198, § 1; 1993 No. 1219, § 27; 2001, No. 1741, § 3.
Ark. Code Ann. § 17-90-108 — AR Code / Title 17 / Chapter 90 / Subchapter 1 / Section 17-90-108
Requirement to provide eyeglass prescription
Status: in_force

(a) (1) If at the completion of an ophthalmic examination by any licensed optometrist or by any physician who practices as an ophthalmologist in this state the practitioner recommends as a result of the examination that the patient needs eyeglasses of common availability within the state, then the optometrist or physician practicing as an ophthalmologist shall upon request of the patient provide to the patient a complete and accurate written prescription at no additional charge. (2) (A) Contact lens prescriptions, written and signed, shall be released without additional charge upon request of the patient after the completion of the fitting and upon payment for the examination and fitting. (B) Contact lens prescriptions released and filled shall be dispensed, sold, and supplied only after positive verification in accordance with the laws of the State of Arkansas and the rules promulgated and administered by the State Board of Optometry. (3) A written contact lens prescription shall expire one (1) year after the date of the completion of the contact lens fitting unless there is a medical reason that warrants a prescription for less than one (1) year. (b) The respective licensing boards of optometry and physicians who practice as ophthalmologists and oculists shall provide for the revocation, suspension, or refusal to renew the license of an optometrist, or of a physician who practices as an ophthalmologist or oculist, licensed by them, who repeatedly or flagrantly violates the provisions of this section. (c) The provisions of this section shall be supplemental to the laws of this state pertaining to the licensing of optometrists and the practice of optometry and the laws pertaining to physicians and surgeons who practice as ophthalmologists and oculists. Amended by Act 2019, No. 315,§ 1557, eff. 7/24/2019. Acts 1977, No. 878, §§ 1, 2; A.S.A. 1947, §§ 72-822, 72-822n; Acts 2003, No. 866, § 1.

(a) (1) If at the completion of an ophthalmic examination by any licensed optometrist or by any physician who practices as an ophthalmologist in this state the practitioner recommends as a result of the examination that the patient needs eyeglasses of common availability within the state, then the optometrist or physician practicing as an ophthalmologist shall upon request of the patient provide to the patient a complete and accurate written prescription at no additional charge. (2) (A) Contact lens prescriptions, written and signed, shall be released without additional charge upon request of the patient after the completion of the fitting and upon payment for the examination and fitting. (B) Contact lens prescriptions released and filled shall be dispensed, sold, and supplied only after positive verification in accordance with the laws of the State of Arkansas and the rules promulgated and administered by the State Board of Optometry. (3) A written contact lens prescription shall expire one (1) year after the date of the completion of the contact lens fitting unless there is a medical reason that warrants a prescription for less than one (1) year.

(1) If at the completion of an ophthalmic examination by any licensed optometrist or by any physician who practices as an ophthalmologist in this state the practitioner recommends as a result of the examination that the patient needs eyeglasses of common availability within the state, then the optometrist or physician practicing as an ophthalmologist shall upon request of the patient provide to the patient a complete and accurate written prescription at no additional charge.

(2) (A) Contact lens prescriptions, written and signed, shall be released without additional charge upon request of the patient after the completion of the fitting and upon payment for the examination and fitting. (B) Contact lens prescriptions released and filled shall be dispensed, sold, and supplied only after positive verification in accordance with the laws of the State of Arkansas and the rules promulgated and administered by the State Board of Optometry.

(A) Contact lens prescriptions, written and signed, shall be released without additional charge upon request of the patient after the completion of the fitting and upon payment for the examination and fitting.

(B) Contact lens prescriptions released and filled shall be dispensed, sold, and supplied only after positive verification in accordance with the laws of the State of Arkansas and the rules promulgated and administered by the State Board of Optometry.

(3) A written contact lens prescription shall expire one (1) year after the date of the completion of the contact lens fitting unless there is a medical reason that warrants a prescription for less than one (1) year.

(b) The respective licensing boards of optometry and physicians who practice as ophthalmologists and oculists shall provide for the revocation, suspension, or refusal to renew the license of an optometrist, or of a physician who practices as an ophthalmologist or oculist, licensed by them, who repeatedly or flagrantly violates the provisions of this section.

(c) The provisions of this section shall be supplemental to the laws of this state pertaining to the licensing of optometrists and the practice of optometry and the laws pertaining to physicians and surgeons who practice as ophthalmologists and oculists.

Amended by Act 2019, No. 315,§ 1557, eff. 7/24/2019.

Acts 1977, No. 878, §§ 1, 2; A.S.A. 1947, §§ 72-822, 72-822n; Acts 2003, No. 866, § 1.
Ark. Code Ann. § 17-103-301 — AR Code / Title 17 / Chapter 103 / Subchapter 3 / Section 17-103-301
License required
Status: in_force

(a) A person shall not practice or offer to practice social work under this chapter unless the person is licensed, a student under this chapter, or otherwise entitled to practice under subsections (b) and (c) of this section. (b) A person shall not engage in the private independent practice of social work unless that person is licensed under this chapter as a licensed certified social worker. (c) A person shall not engage in social work consultation unless that person is licensed under this chapter as a licensed certified social worker. Amended by Act 2015, No. 1170,§ 4, eff. 7/22/2015. Acts 1999, No. 1122, § 1.

(a) A person shall not practice or offer to practice social work under this chapter unless the person is licensed, a student under this chapter, or otherwise entitled to practice under subsections (b) and (c) of this section.

(b) A person shall not engage in the private independent practice of social work unless that person is licensed under this chapter as a licensed certified social worker.

(c) A person shall not engage in social work consultation unless that person is licensed under this chapter as a licensed certified social worker.

Amended by Act 2015, No. 1170,§ 4, eff. 7/22/2015.

Acts 1999, No. 1122, § 1.
Ark. Code Ann. § 17-107-204 — AR Code / Title 17 / Chapter 107 / Subchapter 2 / Section 17-107-204
State Board of Health - Powers and duties
Status: in_force

(a) The State Board of Health shall adopt rules prescribing all of the following: (1) Procedures for the issuance, renewal, inactivation, restoration, suspension, and revocation of a license or certification; (2) Standards and procedures for formulating, evaluating, approving, and administering licensing examinations or recognizing other entities that conduct examinations; (3) Procedures for the conduct of a disciplinary hearing; (4) Standards of ethical and professional conduct in the practice of orthotics, prosthetics, and pedorthics; (5) Standards for approving, denying, and withdrawing approval of national certification organizations in orthotics, prosthetics, and pedorthics; (6) Standards for approving, denying, and withdrawing approval of educational programs required for licensure, including standards for foreign educational credentials; (7) Standards for approving, denying, and withdrawing approval of continuing education programs required for license renewal; (8) Standards for regulating advertising by individuals licensed under this chapter; (9) (A) Fees and penalties for services relating to examination, licensing, endorsement, temporary permits, license renewal, and other services reasonably related to the practice of orthotics, prosthetics, or pedorthics as determined by the board. (B) The fee for initial licensure and renewal of licensure for the practice of orthotics, pedorthics, or prosthetics shall be three hundred dollars ($300) every two (2) years. (C) The fee for initial certification and renewal of certification as an orthotic assistant, an orthotic/prosthetic assistant, or a prosthetic assistant shall be one hundred dollars ($100) every two (2) years; and (10) Civil money penalties for violations of this chapter. (b) The board may adopt other rules that are reasonably related to the safe and competent performance of prosthetics, orthotics, and pedorthics and necessary for the administration of this chapter. Acts 2007, No. 174, § 1.

(a) The State Board of Health shall adopt rules prescribing all of the following: (1) Procedures for the issuance, renewal, inactivation, restoration, suspension, and revocation of a license or certification; (2) Standards and procedures for formulating, evaluating, approving, and administering licensing examinations or recognizing other entities that conduct examinations; (3) Procedures for the conduct of a disciplinary hearing; (4) Standards of ethical and professional conduct in the practice of orthotics, prosthetics, and pedorthics; (5) Standards for approving, denying, and withdrawing approval of national certification organizations in orthotics, prosthetics, and pedorthics; (6) Standards for approving, denying, and withdrawing approval of educational programs required for licensure, including standards for foreign educational credentials; (7) Standards for approving, denying, and withdrawing approval of continuing education programs required for license renewal; (8) Standards for regulating advertising by individuals licensed under this chapter; (9) (A) Fees and penalties for services relating to examination, licensing, endorsement, temporary permits, license renewal, and other services reasonably related to the practice of orthotics, prosthetics, or pedorthics as determined by the board. (B) The fee for initial licensure and renewal of licensure for the practice of orthotics, pedorthics, or prosthetics shall be three hundred dollars ($300) every two (2) years. (C) The fee for initial certification and renewal of certification as an orthotic assistant, an orthotic/prosthetic assistant, or a prosthetic assistant shall be one hundred dollars ($100) every two (2) years; and (10) Civil money penalties for violations of this chapter.

(1) Procedures for the issuance, renewal, inactivation, restoration, suspension, and revocation of a license or certification;

(2) Standards and procedures for formulating, evaluating, approving, and administering licensing examinations or recognizing other entities that conduct examinations;

(3) Procedures for the conduct of a disciplinary hearing;

(4) Standards of ethical and professional conduct in the practice of orthotics, prosthetics, and pedorthics;

(5) Standards for approving, denying, and withdrawing approval of national certification organizations in orthotics, prosthetics, and pedorthics;

(6) Standards for approving, denying, and withdrawing approval of educational programs required for licensure, including standards for foreign educational credentials;

(7) Standards for approving, denying, and withdrawing approval of continuing education programs required for license renewal;

(8) Standards for regulating advertising by individuals licensed under this chapter;

(9) (A) Fees and penalties for services relating to examination, licensing, endorsement, temporary permits, license renewal, and other services reasonably related to the practice of orthotics, prosthetics, or pedorthics as determined by the board. (B) The fee for initial licensure and renewal of licensure for the practice of orthotics, pedorthics, or prosthetics shall be three hundred dollars ($300) every two (2) years. (C) The fee for initial certification and renewal of certification as an orthotic assistant, an orthotic/prosthetic assistant, or a prosthetic assistant shall be one hundred dollars ($100) every two (2) years; and

(A) Fees and penalties for services relating to examination, licensing, endorsement, temporary permits, license renewal, and other services reasonably related to the practice of orthotics, prosthetics, or pedorthics as determined by the board.

(B) The fee for initial licensure and renewal of licensure for the practice of orthotics, pedorthics, or prosthetics shall be three hundred dollars ($300) every two (2) years.

(C) The fee for initial certification and renewal of certification as an orthotic assistant, an orthotic/prosthetic assistant, or a prosthetic assistant shall be one hundred dollars ($100) every two (2) years; and

(10) Civil money penalties for violations of this chapter.

(b) The board may adopt other rules that are reasonably related to the safe and competent performance of prosthetics, orthotics, and pedorthics and necessary for the administration of this chapter.

Acts 2007, No. 174, § 1.
Ark. Code Ann. § 17-26-417 — AR Code / Title 17 / Chapter 26 / Subchapter 4 / Section 17-26-417
Student work
Status: in_force

(a) In each licensed school of cosmetology: (1) A student for a license as a cosmetologist, after one hundred fifty (150) hours of instruction, may engage, in the school as a student, in work connected with any branch or any combination of the branches of cosmetology taught in the school upon a client who is paying for service or materials; (2) A student for a license as a manicurist, after sixty (60) hours of instruction, may engage, in the school as a student, in work connected with manicuring taught in the school upon a client who is paying for service or materials; (3) A student for a license as an aesthetician, after sixty (60) hours of instruction, may engage, in the school as a student, in work connected with aesthetics taught in the school upon a client who is paying for service or materials; and (4) A student for a license as an electrologist, after sixty (60) hours of instruction, may engage, in the school as a student, in work connected with electrology taught in the school upon a client who is paying for service or materials. (b) A student may not engage in any work upon a client who is paying for service or materials until he or she has had the required number of hours of instruction. (c) A school shall not advertise student work to the public through any medium unless the work is designated as student work. (d) (1) A school may allow a student to volunteer in charity or special events held outside the school if the following conditions are met: (A) The student agrees to participate; (B) The student is accompanied by and acts under the direct supervision of a licensed instructor; and (C) The school maintains the required student-to-teacher ratios. (2) Documentation shall be maintained in the student's school file outlining the date, name, and location of the event and the number of hours volunteered. (e) (1) A student providing services under this section shall apply for a student permit from the Department of Health. (2) The State Board of Health shall promulgate rules concerning the issuance of student permits. (3) A student permit shall contain a photograph of the student. (4) The student permit shall be: (A) Maintained by the owner of the school attended by the student during the student's enrollment; and (B) Returned to the department along with a copy of the student's Certificate of Training upon the conclusion of the student's enrollment in the school. Amended by Act 2015, No. 1011,§ 3, eff. 7/22/2015. Acts 1955, No. 358, Art. 8, §§ 6, 13; 1961, No. 490, § 7; 1969, No. 400, § 5; 1985, No. 215, § 10; A.S.A. 1947, §§ 71-857, 71-864; Acts 2007, No. 223, § 45; 2009, No. 4, § 25.

(a) In each licensed school of cosmetology: (1) A student for a license as a cosmetologist, after one hundred fifty (150) hours of instruction, may engage, in the school as a student, in work connected with any branch or any combination of the branches of cosmetology taught in the school upon a client who is paying for service or materials; (2) A student for a license as a manicurist, after sixty (60) hours of instruction, may engage, in the school as a student, in work connected with manicuring taught in the school upon a client who is paying for service or materials; (3) A student for a license as an aesthetician, after sixty (60) hours of instruction, may engage, in the school as a student, in work connected with aesthetics taught in the school upon a client who is paying for service or materials; and (4) A student for a license as an electrologist, after sixty (60) hours of instruction, may engage, in the school as a student, in work connected with electrology taught in the school upon a client who is paying for service or materials.

(1) A student for a license as a cosmetologist, after one hundred fifty (150) hours of instruction, may engage, in the school as a student, in work connected with any branch or any combination of the branches of cosmetology taught in the school upon a client who is paying for service or materials;

(2) A student for a license as a manicurist, after sixty (60) hours of instruction, may engage, in the school as a student, in work connected with manicuring taught in the school upon a client who is paying for service or materials;

(3) A student for a license as an aesthetician, after sixty (60) hours of instruction, may engage, in the school as a student, in work connected with aesthetics taught in the school upon a client who is paying for service or materials; and

(4) A student for a license as an electrologist, after sixty (60) hours of instruction, may engage, in the school as a student, in work connected with electrology taught in the school upon a client who is paying for service or materials.

(b) A student may not engage in any work upon a client who is paying for service or materials until he or she has had the required number of hours of instruction.

(c) A school shall not advertise student work to the public through any medium unless the work is designated as student work.

(d) (1) A school may allow a student to volunteer in charity or special events held outside the school if the following conditions are met: (A) The student agrees to participate; (B) The student is accompanied by and acts under the direct supervision of a licensed instructor; and (C) The school maintains the required student-to-teacher ratios. (2) Documentation shall be maintained in the student's school file outlining the date, name, and location of the event and the number of hours volunteered.

(1) A school may allow a student to volunteer in charity or special events held outside the school if the following conditions are met: (A) The student agrees to participate; (B) The student is accompanied by and acts under the direct supervision of a licensed instructor; and (C) The school maintains the required student-to-teacher ratios.

(A) The student agrees to participate;

(B) The student is accompanied by and acts under the direct supervision of a licensed instructor; and

(C) The school maintains the required student-to-teacher ratios.

(2) Documentation shall be maintained in the student's school file outlining the date, name, and location of the event and the number of hours volunteered.

(e) (1) A student providing services under this section shall apply for a student permit from the Department of Health. (2) The State Board of Health shall promulgate rules concerning the issuance of student permits. (3) A student permit shall contain a photograph of the student. (4) The student permit shall be: (A) Maintained by the owner of the school attended by the student during the student's enrollment; and (B) Returned to the department along with a copy of the student's Certificate of Training upon the conclusion of the student's enrollment in the school.

(1) A student providing services under this section shall apply for a student permit from the Department of Health.

(2) The State Board of Health shall promulgate rules concerning the issuance of student permits.

(3) A student permit shall contain a photograph of the student.

(4) The student permit shall be: (A) Maintained by the owner of the school attended by the student during the student's enrollment; and (B) Returned to the department along with a copy of the student's Certificate of Training upon the conclusion of the student's enrollment in the school.

(A) Maintained by the owner of the school attended by the student during the student's enrollment; and

(B) Returned to the department along with a copy of the student's Certificate of Training upon the conclusion of the student's enrollment in the school.

Amended by Act 2015, No. 1011,§ 3, eff. 7/22/2015.

Acts 1955, No. 358, Art. 8, §§ 6, 13; 1961, No. 490, § 7; 1969, No. 400, § 5; 1985, No. 215, § 10; A.S.A. 1947, §§ 71-857, 71-864; Acts 2007, No. 223, § 45; 2009, No. 4, § 25.
Ark. Code Ann. § 17-36-310 — AR Code / Title 17 / Chapter 36 / Subchapter 3 / Section 17-36-310
Official seal
Status: in_force

(a) Upon licensure, each licensee under this chapter shall obtain a seal of such design as the Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall authorize and direct. (b) Plans and specifications prepared by, or under the supervision of, a licensed landscape architect shall be stamped with this seal during the life of the landscape architect's license. (c) It is unlawful for anyone to stamp or seal any documents with the seal after the license of the landscape architect named thereon has expired or has been surrendered, suspended, or revoked. Acts 2001, No. 617, § 21; 2009, No. 1367, § 19.

(a) Upon licensure, each licensee under this chapter shall obtain a seal of such design as the Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall authorize and direct.

(b) Plans and specifications prepared by, or under the supervision of, a licensed landscape architect shall be stamped with this seal during the life of the landscape architect's license.

(c) It is unlawful for anyone to stamp or seal any documents with the seal after the license of the landscape architect named thereon has expired or has been surrendered, suspended, or revoked.

Acts 2001, No. 617, § 21; 2009, No. 1367, § 19.
Ark. Code Ann. § 17-48-201 — AR Code / Title 17 / Chapter 48 / Subchapter 2 / Section 17-48-201
Licensure required - Sole or group practice - Surveyor interns
Status: in_force

(a) (1) It is unlawful for a person who is not a professional surveyor licensed by the State Board of Licensure for Professional Engineers and Professional Surveyors to hold himself or herself out as a professional surveyor to practice or offer to practice land surveying in the state, as defined in this chapter, or to use in connection with his or her name or otherwise assume or advertise any title or description tending to convey the impression that he or she is a professional surveyor unless the person has been licensed under this chapter. (2) The State Board of Licensure for Professional Engineers and Professional Surveyors may discipline nonlicensees that violate this chapter by the levy of a fine in an amount not to exceed five thousand dollars ($5,000) for each offense. (b) (1) (A) Admission to practice land surveying and surveying measurement certification shall be determined upon the basis of individual personal qualifications. (B) The right to engage in the practice of land surveying and surveying measurement certification is a personal right, based upon the qualifications of the individual, evidenced by his or her license certificate, and is not transferable. (2) "Surveying measurement certification" does not permit the preparation of engineering or architectural design documents or quantity estimate payment documents. (c) (1) A professional surveyor may practice his or her profession through the medium of or as a member or employee of a firm if: (A) All surveys are signed and stamped with the signature and seal of the professional surveyor in responsible charge; and (B) The firm has complied with § 17-48-207 . (2) The professional surveyor signing and sealing the surveys shall be personally and professionally responsible therefor, and his or her participation in any firm either as a partner, principal, or employee does not limit his or her individual liability. (d) A surveyor intern may engage in the practice of land surveying only as an employee of or under the supervision of a professional surveyor. (e) It is unlawful for a person to prepare, distribute, or place the public records, maps, documents, digital files, or other data that bear or contain a seal or any certification consisting of a verbal, numerical, or symbolic representation of the accuracy or precision of surveying measurements as defined in § 17-48-101(6) or that bear or contain a statement of determination by an authoritative professional source unless the maps, documents, digital files, or other data bear or contain the seal of a professional surveyor or professional engineer practicing within his or her respective discipline. (f) This chapter does not apply to: (1) The usual symbols and statements of the cartographic representation of scale and direction, including without limitation scale ratios, scale bars, and north arrows; (2) The preparation and attachment of metadata or to the scientific analysis of measurement data for research by a person who is not a professional surveyor or professional engineer; and (3) A government agency or office in conducting its statutory or constitutional duties to certify representations of spatial data. (g) This chapter does not impair or reduce the scope of: (1) The professional practice of engineers as defined by statute and rules of the State Board of Licensure for Professional Engineers and Professional Surveyors; and (2) The professional practice of professional architects as defined by statute and rules of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers. Acts 1967, No. 101, §§ 1, 3; 1977, No. 807, § 1; A.S.A. 1947, §§ 71-2301, 71-2303; Acts 1997, No. 1297, § 1; 2005, No. 1178, § 10; 2009, No. 444, § 7.

(a) (1) It is unlawful for a person who is not a professional surveyor licensed by the State Board of Licensure for Professional Engineers and Professional Surveyors to hold himself or herself out as a professional surveyor to practice or offer to practice land surveying in the state, as defined in this chapter, or to use in connection with his or her name or otherwise assume or advertise any title or description tending to convey the impression that he or she is a professional surveyor unless the person has been licensed under this chapter. (2) The State Board of Licensure for Professional Engineers and Professional Surveyors may discipline nonlicensees that violate this chapter by the levy of a fine in an amount not to exceed five thousand dollars ($5,000) for each offense.

(1) It is unlawful for a person who is not a professional surveyor licensed by the State Board of Licensure for Professional Engineers and Professional Surveyors to hold himself or herself out as a professional surveyor to practice or offer to practice land surveying in the state, as defined in this chapter, or to use in connection with his or her name or otherwise assume or advertise any title or description tending to convey the impression that he or she is a professional surveyor unless the person has been licensed under this chapter.

(2) The State Board of Licensure for Professional Engineers and Professional Surveyors may discipline nonlicensees that violate this chapter by the levy of a fine in an amount not to exceed five thousand dollars ($5,000) for each offense.

(b) (1) (A) Admission to practice land surveying and surveying measurement certification shall be determined upon the basis of individual personal qualifications. (B) The right to engage in the practice of land surveying and surveying measurement certification is a personal right, based upon the qualifications of the individual, evidenced by his or her license certificate, and is not transferable. (2) "Surveying measurement certification" does not permit the preparation of engineering or architectural design documents or quantity estimate payment documents.

(1) (A) Admission to practice land surveying and surveying measurement certification shall be determined upon the basis of individual personal qualifications. (B) The right to engage in the practice of land surveying and surveying measurement certification is a personal right, based upon the qualifications of the individual, evidenced by his or her license certificate, and is not transferable.

(A) Admission to practice land surveying and surveying measurement certification shall be determined upon the basis of individual personal qualifications.

(B) The right to engage in the practice of land surveying and surveying measurement certification is a personal right, based upon the qualifications of the individual, evidenced by his or her license certificate, and is not transferable.

(2) "Surveying measurement certification" does not permit the preparation of engineering or architectural design documents or quantity estimate payment documents.

(c) (1) A professional surveyor may practice his or her profession through the medium of or as a member or employee of a firm if: (A) All surveys are signed and stamped with the signature and seal of the professional surveyor in responsible charge; and (B) The firm has complied with § 17-48-207 . (2) The professional surveyor signing and sealing the surveys shall be personally and professionally responsible therefor, and his or her participation in any firm either as a partner, principal, or employee does not limit his or her individual liability.

(1) A professional surveyor may practice his or her profession through the medium of or as a member or employee of a firm if: (A) All surveys are signed and stamped with the signature and seal of the professional surveyor in responsible charge; and (B) The firm has complied with § 17-48-207 .

(A) All surveys are signed and stamped with the signature and seal of the professional surveyor in responsible charge; and

(B) The firm has complied with § 17-48-207 .

(2) The professional surveyor signing and sealing the surveys shall be personally and professionally responsible therefor, and his or her participation in any firm either as a partner, principal, or employee does not limit his or her individual liability.

(d) A surveyor intern may engage in the practice of land surveying only as an employee of or under the supervision of a professional surveyor.

(e) It is unlawful for a person to prepare, distribute, or place the public records, maps, documents, digital files, or other data that bear or contain a seal or any certification consisting of a verbal, numerical, or symbolic representation of the accuracy or precision of surveying measurements as defined in § 17-48-101(6) or that bear or contain a statement of determination by an authoritative professional source unless the maps, documents, digital files, or other data bear or contain the seal of a professional surveyor or professional engineer practicing within his or her respective discipline.

(f) This chapter does not apply to: (1) The usual symbols and statements of the cartographic representation of scale and direction, including without limitation scale ratios, scale bars, and north arrows; (2) The preparation and attachment of metadata or to the scientific analysis of measurement data for research by a person who is not a professional surveyor or professional engineer; and (3) A government agency or office in conducting its statutory or constitutional duties to certify representations of spatial data.

(1) The usual symbols and statements of the cartographic representation of scale and direction, including without limitation scale ratios, scale bars, and north arrows;

(2) The preparation and attachment of metadata or to the scientific analysis of measurement data for research by a person who is not a professional surveyor or professional engineer; and

(3) A government agency or office in conducting its statutory or constitutional duties to certify representations of spatial data.

(g) This chapter does not impair or reduce the scope of: (1) The professional practice of engineers as defined by statute and rules of the State Board of Licensure for Professional Engineers and Professional Surveyors; and (2) The professional practice of professional architects as defined by statute and rules of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers.

(1) The professional practice of engineers as defined by statute and rules of the State Board of Licensure for Professional Engineers and Professional Surveyors; and

(2) The professional practice of professional architects as defined by statute and rules of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers.

Acts 1967, No. 101, §§ 1, 3; 1977, No. 807, § 1; A.S.A. 1947, §§ 71-2301, 71-2303; Acts 1997, No. 1297, § 1; 2005, No. 1178, § 10; 2009, No. 444, § 7.
Ark. Code Ann. § 17-12-401 — AR Code / Title 17 / Chapter 12 / Subchapter 4 / Section 17-12-401
Professional partnerships, corporations, limited liability companies, and sole proprietorships of certified public accountants
Status: in_force

(a) The Arkansas State Board of Public Accountancy shall grant or renew a registration as a CPA firm to an applicant that meets the qualifications of this section. (b) (1) A firm shall hold a registration under this section if the firm: (A) Has an office in this state: (i) Engaged in the practice of public accounting; or (ii) That uses the title "CPA" or "CPA firm"; or (B) Does not have an office in this state but performs attest services described in § 17-12-103(a)(2)(A) , § 17-12-103(a)(2)(C) , or § 17-12-103(a)(2)(D) for a client having its home office in this state. (2) A firm that does not have an office in this state may perform services under § 17-12-103(a)(2)(B) , § 17-12-103(a)(2)(E) , or § 17-12-103(a)(5) for a client having its home office in this state and may use the title "CPA" or "CPA firm" without registering under this section only if the firm: (A) Meets the applicable qualifications of this section and § 17-12-507 ; (B) Performs the services through an individual with practice privileges under § 17-12-311 ; and (C) Meets the peer review requirements under § 17-12-508 . (3) A firm that is not subject to the requirements of subdivision (b)(1)(B) or subdivision (b)(2) of this section may perform other professional services while using the title "CPA" or "CPA firm" in this state without registering under this section only if the firm: (A) Performs the services through an individual with practice privileges under § 17-12-311 ; and (B) Can lawfully perform the services in the state where the individuals with practice privileges have their principal place of business. (c) If required to register under subdivision (b)(1)(A) of this section: (1) A partnership engaged in this state in the practice of public accounting shall register with the board as a partnership of certified public accountants and meet the following requirements: (A) At least one (1) general partner shall be a certified public accountant of this state in good standing; and (B) Each resident manager in charge of an office of the partnership in this state shall be a certified public accountant of this state in good standing; (2) A corporation engaged in this state in the practice of public accounting shall register with the board as a corporation of certified public accountants and meet the following requirements: (A) Any officer or director of the corporation having authority over the practice of public accounting by the corporation in this state shall be a certified public accountant of some state in good standing; (B) At least one (1) shareholder of the corporation shall be a certified public accountant of this state in good standing; (C) Each resident manager in charge of an office of the corporation in this state shall be a certified public accountant of this state in good standing; and (D) The corporation shall be in compliance with other rules pertaining to corporations practicing public accounting in this state that the board may prescribe; (3) A limited liability company engaged in this state in the practice of public accounting shall register with the board as a limited liability company of certified public accountants and meet the following requirements: (A) Any manager, member, officer, or director of the limited liability company having authority over the practice of public accounting by the limited liability company in this state shall be a certified public accountant of some state in good standing; (B) At least one (1) member of the limited liability company shall be a certified public accountant of this state in good standing; (C) Each resident manager in charge of an office of the limited liability company in this state shall be a certified public accountant of this state in good standing; and (D) The limited liability company shall be in compliance with other rules pertaining to limited liability companies practicing public accounting in this state that the board may prescribe; and (4) A certified public accountant operating as a sole proprietorship and engaged in this state in the practice of public accounting shall register with the board as a sole proprietor if registration is required under subdivision (b)(1) of this section and shall comply with the requirements of § 17-12-403 . (d) (1) Application for registration shall be made upon the affidavit of a general partner, shareholder, or member who is a certified public accountant of this state in good standing or, if registration is required under subdivision (b)(1)(B) of this section, a licensee of another state who meets the requirements set forth in § 17-12-311 . (2) An individual who has practice privileges under § 17-12-311 and performs services for which registration is required under § 17-12-311(a)(4) shall not be required to obtain a license from this state under § 17-12-301 . (e) The board shall in each case determine whether the applicant is eligible for registration. (f) Notification shall be given to the board within one (1) month after the admission or withdrawal of a partner, shareholder, or member from any firm so registered. (g) Any firm registered under this section may include nonlicensee owners or public accountants who hold a valid license under § 17-12-312 , provided that: (1) A majority of the ownership of the firm in terms of financial interests and voting rights of all partners, officers, directors, shareholders, members, or managers belongs to holders of certificates who are licensed in some state, and such partners, officers, directors, shareholders, members, or managers whose principal place of business is in this state and who perform professional services in this state hold a valid certificate issued under § 17-12-301 et seq. or the corresponding provisions of prior law; (2) The firm designates a licensee of this state or, in the case of a firm that must be registered under subdivision (b)(1)(B) of this section, a licensee of another state who meets the requirements of § 17-12-311 who is responsible for the proper registration of the firm and identifies that individual to the board; (3) All nonlicensee owners are active individual participants in the firm or other entities affiliated with the firm; and (4) The firm complies with such other requirements as the board may impose by rule. Amended by Act 2019, No. 315,§ 1336, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1335, eff. 7/24/2019. Amended by Act 2017, No. 278,§ 1, eff. 8/1/2017. Acts 1975, No. 160, § 8; A.S.A. 1947, § 71-618; Acts 1997, No. 242, § 9; 1999, No. 180, § 23; 2005, No. 54, § 12; 2009, No. 93, § 8.

(a) The Arkansas State Board of Public Accountancy shall grant or renew a registration as a CPA firm to an applicant that meets the qualifications of this section.

(b) (1) A firm shall hold a registration under this section if the firm: (A) Has an office in this state: (i) Engaged in the practice of public accounting; or (ii) That uses the title "CPA" or "CPA firm"; or (B) Does not have an office in this state but performs attest services described in § 17-12-103(a)(2)(A) , § 17-12-103(a)(2)(C) , or § 17-12-103(a)(2)(D) for a client having its home office in this state. (2) A firm that does not have an office in this state may perform services under § 17-12-103(a)(2)(B) , § 17-12-103(a)(2)(E) , or § 17-12-103(a)(5) for a client having its home office in this state and may use the title "CPA" or "CPA firm" without registering under this section only if the firm: (A) Meets the applicable qualifications of this section and § 17-12-507 ; (B) Performs the services through an individual with practice privileges under § 17-12-311 ; and (C) Meets the peer review requirements under § 17-12-508 . (3) A firm that is not subject to the requirements of subdivision (b)(1)(B) or subdivision (b)(2) of this section may perform other professional services while using the title "CPA" or "CPA firm" in this state without registering under this section only if the firm: (A) Performs the services through an individual with practice privileges under § 17-12-311 ; and (B) Can lawfully perform the services in the state where the individuals with practice privileges have their principal place of business.

(1) A firm shall hold a registration under this section if the firm: (A) Has an office in this state: (i) Engaged in the practice of public accounting; or (ii) That uses the title "CPA" or "CPA firm"; or (B) Does not have an office in this state but performs attest services described in § 17-12-103(a)(2)(A) , § 17-12-103(a)(2)(C) , or § 17-12-103(a)(2)(D) for a client having its home office in this state.

(A) Has an office in this state: (i) Engaged in the practice of public accounting; or (ii) That uses the title "CPA" or "CPA firm"; or

(i) Engaged in the practice of public accounting; or

(ii) That uses the title "CPA" or "CPA firm"; or

(B) Does not have an office in this state but performs attest services described in § 17-12-103(a)(2)(A) , § 17-12-103(a)(2)(C) , or § 17-12-103(a)(2)(D) for a client having its home office in this state.

(2) A firm that does not have an office in this state may perform services under § 17-12-103(a)(2)(B) , § 17-12-103(a)(2)(E) , or § 17-12-103(a)(5) for a client having its home office in this state and may use the title "CPA" or "CPA firm" without registering under this section only if the firm: (A) Meets the applicable qualifications of this section and § 17-12-507 ; (B) Performs the services through an individual with practice privileges under § 17-12-311 ; and (C) Meets the peer review requirements under § 17-12-508 .

(A) Meets the applicable qualifications of this section and § 17-12-507 ;

(B) Performs the services through an individual with practice privileges under § 17-12-311 ; and

(C) Meets the peer review requirements under § 17-12-508 .

(3) A firm that is not subject to the requirements of subdivision (b)(1)(B) or subdivision (b)(2) of this section may perform other professional services while using the title "CPA" or "CPA firm" in this state without registering under this section only if the firm: (A) Performs the services through an individual with practice privileges under § 17-12-311 ; and (B) Can lawfully perform the services in the state where the individuals with practice privileges have their principal place of business.

(A) Performs the services through an individual with practice privileges under § 17-12-311 ; and

(B) Can lawfully perform the services in the state where the individuals with practice privileges have their principal place of business.

(c) If required to register under subdivision (b)(1)(A) of this section: (1) A partnership engaged in this state in the practice of public accounting shall register with the board as a partnership of certified public accountants and meet the following requirements: (A) At least one (1) general partner shall be a certified public accountant of this state in good standing; and (B) Each resident manager in charge of an office of the partnership in this state shall be a certified public accountant of this state in good standing; (2) A corporation engaged in this state in the practice of public accounting shall register with the board as a corporation of certified public accountants and meet the following requirements: (A) Any officer or director of the corporation having authority over the practice of public accounting by the corporation in this state shall be a certified public accountant of some state in good standing; (B) At least one (1) shareholder of the corporation shall be a certified public accountant of this state in good standing; (C) Each resident manager in charge of an office of the corporation in this state shall be a certified public accountant of this state in good standing; and (D) The corporation shall be in compliance with other rules pertaining to corporations practicing public accounting in this state that the board may prescribe; (3) A limited liability company engaged in this state in the practice of public accounting shall register with the board as a limited liability company of certified public accountants and meet the following requirements: (A) Any manager, member, officer, or director of the limited liability company having authority over the practice of public accounting by the limited liability company in this state shall be a certified public accountant of some state in good standing; (B) At least one (1) member of the limited liability company shall be a certified public accountant of this state in good standing; (C) Each resident manager in charge of an office of the limited liability company in this state shall be a certified public accountant of this state in good standing; and (D) The limited liability company shall be in compliance with other rules pertaining to limited liability companies practicing public accounting in this state that the board may prescribe; and (4) A certified public accountant operating as a sole proprietorship and engaged in this state in the practice of public accounting shall register with the board as a sole proprietor if registration is required under subdivision (b)(1) of this section and shall comply with the requirements of § 17-12-403 .

(1) A partnership engaged in this state in the practice of public accounting shall register with the board as a partnership of certified public accountants and meet the following requirements: (A) At least one (1) general partner shall be a certified public accountant of this state in good standing; and (B) Each resident manager in charge of an office of the partnership in this state shall be a certified public accountant of this state in good standing;

(A) At least one (1) general partner shall be a certified public accountant of this state in good standing; and

(B) Each resident manager in charge of an office of the partnership in this state shall be a certified public accountant of this state in good standing;

(2) A corporation engaged in this state in the practice of public accounting shall register with the board as a corporation of certified public accountants and meet the following requirements: (A) Any officer or director of the corporation having authority over the practice of public accounting by the corporation in this state shall be a certified public accountant of some state in good standing; (B) At least one (1) shareholder of the corporation shall be a certified public accountant of this state in good standing; (C) Each resident manager in charge of an office of the corporation in this state shall be a certified public accountant of this state in good standing; and (D) The corporation shall be in compliance with other rules pertaining to corporations practicing public accounting in this state that the board may prescribe;

(A) Any officer or director of the corporation having authority over the practice of public accounting by the corporation in this state shall be a certified public accountant of some state in good standing;

(B) At least one (1) shareholder of the corporation shall be a certified public accountant of this state in good standing;

(C) Each resident manager in charge of an office of the corporation in this state shall be a certified public accountant of this state in good standing; and

(D) The corporation shall be in compliance with other rules pertaining to corporations practicing public accounting in this state that the board may prescribe;

(3) A limited liability company engaged in this state in the practice of public accounting shall register with the board as a limited liability company of certified public accountants and meet the following requirements: (A) Any manager, member, officer, or director of the limited liability company having authority over the practice of public accounting by the limited liability company in this state shall be a certified public accountant of some state in good standing; (B) At least one (1) member of the limited liability company shall be a certified public accountant of this state in good standing; (C) Each resident manager in charge of an office of the limited liability company in this state shall be a certified public accountant of this state in good standing; and (D) The limited liability company shall be in compliance with other rules pertaining to limited liability companies practicing public accounting in this state that the board may prescribe; and

(A) Any manager, member, officer, or director of the limited liability company having authority over the practice of public accounting by the limited liability company in this state shall be a certified public accountant of some state in good standing;

(B) At least one (1) member of the limited liability company shall be a certified public accountant of this state in good standing;

(C) Each resident manager in charge of an office of the limited liability company in this state shall be a certified public accountant of this state in good standing; and

(D) The limited liability company shall be in compliance with other rules pertaining to limited liability companies practicing public accounting in this state that the board may prescribe; and

(4) A certified public accountant operating as a sole proprietorship and engaged in this state in the practice of public accounting shall register with the board as a sole proprietor if registration is required under subdivision (b)(1) of this section and shall comply with the requirements of § 17-12-403 .

(d) (1) Application for registration shall be made upon the affidavit of a general partner, shareholder, or member who is a certified public accountant of this state in good standing or, if registration is required under subdivision (b)(1)(B) of this section, a licensee of another state who meets the requirements set forth in § 17-12-311 . (2) An individual who has practice privileges under § 17-12-311 and performs services for which registration is required under § 17-12-311(a)(4) shall not be required to obtain a license from this state under § 17-12-301 .

(1) Application for registration shall be made upon the affidavit of a general partner, shareholder, or member who is a certified public accountant of this state in good standing or, if registration is required under subdivision (b)(1)(B) of this section, a licensee of another state who meets the requirements set forth in § 17-12-311 .

(2) An individual who has practice privileges under § 17-12-311 and performs services for which registration is required under § 17-12-311(a)(4) shall not be required to obtain a license from this state under § 17-12-301 .

(e) The board shall in each case determine whether the applicant is eligible for registration.

(f) Notification shall be given to the board within one (1) month after the admission or withdrawal of a partner, shareholder, or member from any firm so registered.

(g) Any firm registered under this section may include nonlicensee owners or public accountants who hold a valid license under § 17-12-312 , provided that: (1) A majority of the ownership of the firm in terms of financial interests and voting rights of all partners, officers, directors, shareholders, members, or managers belongs to holders of certificates who are licensed in some state, and such partners, officers, directors, shareholders, members, or managers whose principal place of business is in this state and who perform professional services in this state hold a valid certificate issued under § 17-12-301 et seq. or the corresponding provisions of prior law; (2) The firm designates a licensee of this state or, in the case of a firm that must be registered under subdivision (b)(1)(B) of this section, a licensee of another state who meets the requirements of § 17-12-311 who is responsible for the proper registration of the firm and identifies that individual to the board; (3) All nonlicensee owners are active individual participants in the firm or other entities affiliated with the firm; and (4) The firm complies with such other requirements as the board may impose by rule.

(1) A majority of the ownership of the firm in terms of financial interests and voting rights of all partners, officers, directors, shareholders, members, or managers belongs to holders of certificates who are licensed in some state, and such partners, officers, directors, shareholders, members, or managers whose principal place of business is in this state and who perform professional services in this state hold a valid certificate issued under § 17-12-301 et seq. or the corresponding provisions of prior law;

(2) The firm designates a licensee of this state or, in the case of a firm that must be registered under subdivision (b)(1)(B) of this section, a licensee of another state who meets the requirements of § 17-12-311 who is responsible for the proper registration of the firm and identifies that individual to the board;

(3) All nonlicensee owners are active individual participants in the firm or other entities affiliated with the firm; and

(4) The firm complies with such other requirements as the board may impose by rule.

Amended by Act 2019, No. 315,§ 1336, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1335, eff. 7/24/2019.

Amended by Act 2017, No. 278,§ 1, eff. 8/1/2017.

Acts 1975, No. 160, § 8; A.S.A. 1947, § 71-618; Acts 1997, No. 242, § 9; 1999, No. 180, § 23; 2005, No. 54, § 12; 2009, No. 93, § 8.
Ark. Code Ann. § 17-42-205 — AR Code / Title 17 / Chapter 42 / Subchapter 2 / Section 17-42-205
Subpoenas and subpoenas duces tecum
Status: in_force

(a) The Arkansas Real Estate Commission shall have the power to issue subpoenas and subpoenas duces tecum in connection with both its investigations and hearings. (b) A subpoena duces tecum may require any book, writing, document, or other paper or thing which is germane to an investigation or hearing conducted by the commission to be transmitted to the commission. (c) (1) Service of a subpoena shall be as provided by law for the service of subpoenas in civil cases in the circuit courts of this state, and the fees and mileage of officers serving the subpoenas and of witnesses appearing in answer to the subpoenas shall be the same as provided by law for proceedings in civil cases in the circuit courts of this state. (2) (A) The commission shall issue a subpoena or subpoena duces tecum upon the request of any party to a hearing before the commission. (B) The fees and mileage of the officers serving the subpoena and of the witness shall be paid by the party at whose request a witness is subpoenaed. (d) (1) In the event a person shall have been served with a subpoena or subpoena duces tecum as herein provided and fails to comply therewith, the commission may apply to the circuit court of the county in which the commission is conducting its investigation or hearing for an order causing the arrest of the person and directing that the person be brought before the court. (2) The court shall have the power to punish the disobedient person for contempt as provided by law in the trial of civil cases in the circuit courts of this state. Acts 1993, No. 690, § 5.

(a) The Arkansas Real Estate Commission shall have the power to issue subpoenas and subpoenas duces tecum in connection with both its investigations and hearings.

(b) A subpoena duces tecum may require any book, writing, document, or other paper or thing which is germane to an investigation or hearing conducted by the commission to be transmitted to the commission.

(c) (1) Service of a subpoena shall be as provided by law for the service of subpoenas in civil cases in the circuit courts of this state, and the fees and mileage of officers serving the subpoenas and of witnesses appearing in answer to the subpoenas shall be the same as provided by law for proceedings in civil cases in the circuit courts of this state. (2) (A) The commission shall issue a subpoena or subpoena duces tecum upon the request of any party to a hearing before the commission. (B) The fees and mileage of the officers serving the subpoena and of the witness shall be paid by the party at whose request a witness is subpoenaed.

(1) Service of a subpoena shall be as provided by law for the service of subpoenas in civil cases in the circuit courts of this state, and the fees and mileage of officers serving the subpoenas and of witnesses appearing in answer to the subpoenas shall be the same as provided by law for proceedings in civil cases in the circuit courts of this state.

(2) (A) The commission shall issue a subpoena or subpoena duces tecum upon the request of any party to a hearing before the commission. (B) The fees and mileage of the officers serving the subpoena and of the witness shall be paid by the party at whose request a witness is subpoenaed.

(A) The commission shall issue a subpoena or subpoena duces tecum upon the request of any party to a hearing before the commission.

(B) The fees and mileage of the officers serving the subpoena and of the witness shall be paid by the party at whose request a witness is subpoenaed.

(d) (1) In the event a person shall have been served with a subpoena or subpoena duces tecum as herein provided and fails to comply therewith, the commission may apply to the circuit court of the county in which the commission is conducting its investigation or hearing for an order causing the arrest of the person and directing that the person be brought before the court. (2) The court shall have the power to punish the disobedient person for contempt as provided by law in the trial of civil cases in the circuit courts of this state.

(1) In the event a person shall have been served with a subpoena or subpoena duces tecum as herein provided and fails to comply therewith, the commission may apply to the circuit court of the county in which the commission is conducting its investigation or hearing for an order causing the arrest of the person and directing that the person be brought before the court.

(2) The court shall have the power to punish the disobedient person for contempt as provided by law in the trial of civil cases in the circuit courts of this state.

Acts 1993, No. 690, § 5.
Ark. Code Ann. § 17-87-304 — AR Code / Title 17 / Chapter 87 / Subchapter 3 / Section 17-87-304
Licensed practical nurses
Status: in_force

(a) Qualifications. An applicant for a license to practice practical nursing shall submit to the Arkansas State Board of Nursing evidence, verified by oath, that the applicant: (1) Has completed an approved high school course of study or the equivalent thereof as determined by the appropriate educational agency; and (2) Has completed a prescribed curriculum in a state-approved program for the preparation of practical nurses and holds a diploma or certificate therefrom. However, the board may waive this requirement if the board determines the applicant to be otherwise qualified. (b) Issuance of License. A license to practice as a practical nurse may be issued: (1) By Examination. The applicant shall be required to pass an examination in such subjects as the board may determine. Upon successful completion of the examination, the board shall issue to the applicant a license to practice as a licensed practical nurse; or (2) By Endorsement. The board may issue a license to practice practical nursing by endorsement to any applicant who has duly been licensed or registered as a licensed practical nurse or to a person entitled to perform similar services under a different title under the laws of another state, territory, or foreign country if, in the opinion of the board, the applicant meets the requirements for licensed practical nurses in this state at the time of graduation and if the board so recommends. (c) Person Licensed Before March 29, 1971. Any person holding a license to practice as a practical nurse issued by the board and which was valid on March 29, 1971, shall be deemed to be licensed as a practical nurse under the provisions of this chapter. (d) Title and Abbreviation. Any person who holds a license to practice practical nursing in this state shall have the right to use the title "licensed practical nurse" and the abbreviation "L.P.N.". (e) Educational Program. The educational program for the preparation of licensed practical nurses may be provided by a postsecondary educational institution, a hospital, or a consortium of five (5) or more skilled nursing facilities. Amended by Act 2021, No. 759,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 990,§ 74, eff. 7/24/2019. Acts 1971, No. 432, § 11; 1981, No. 54, § 1; 1981 (1st Ex. Sess.), No. 19, §§ 4, 5; A.S.A. 1947, § 72-755; Acts 1991, No. 162, § 2; 1995, No. 409, § 10.

(a) Qualifications. An applicant for a license to practice practical nursing shall submit to the Arkansas State Board of Nursing evidence, verified by oath, that the applicant: (1) Has completed an approved high school course of study or the equivalent thereof as determined by the appropriate educational agency; and (2) Has completed a prescribed curriculum in a state-approved program for the preparation of practical nurses and holds a diploma or certificate therefrom. However, the board may waive this requirement if the board determines the applicant to be otherwise qualified.

(1) Has completed an approved high school course of study or the equivalent thereof as determined by the appropriate educational agency; and

(2) Has completed a prescribed curriculum in a state-approved program for the preparation of practical nurses and holds a diploma or certificate therefrom. However, the board may waive this requirement if the board determines the applicant to be otherwise qualified.

(b) Issuance of License. A license to practice as a practical nurse may be issued: (1) By Examination. The applicant shall be required to pass an examination in such subjects as the board may determine. Upon successful completion of the examination, the board shall issue to the applicant a license to practice as a licensed practical nurse; or (2) By Endorsement. The board may issue a license to practice practical nursing by endorsement to any applicant who has duly been licensed or registered as a licensed practical nurse or to a person entitled to perform similar services under a different title under the laws of another state, territory, or foreign country if, in the opinion of the board, the applicant meets the requirements for licensed practical nurses in this state at the time of graduation and if the board so recommends.

(1) By Examination. The applicant shall be required to pass an examination in such subjects as the board may determine. Upon successful completion of the examination, the board shall issue to the applicant a license to practice as a licensed practical nurse; or

(2) By Endorsement. The board may issue a license to practice practical nursing by endorsement to any applicant who has duly been licensed or registered as a licensed practical nurse or to a person entitled to perform similar services under a different title under the laws of another state, territory, or foreign country if, in the opinion of the board, the applicant meets the requirements for licensed practical nurses in this state at the time of graduation and if the board so recommends.

(c) Person Licensed Before March 29, 1971. Any person holding a license to practice as a practical nurse issued by the board and which was valid on March 29, 1971, shall be deemed to be licensed as a practical nurse under the provisions of this chapter.

(d) Title and Abbreviation. Any person who holds a license to practice practical nursing in this state shall have the right to use the title "licensed practical nurse" and the abbreviation "L.P.N.".

(e) Educational Program. The educational program for the preparation of licensed practical nurses may be provided by a postsecondary educational institution, a hospital, or a consortium of five (5) or more skilled nursing facilities.

Amended by Act 2021, No. 759,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 990,§ 74, eff. 7/24/2019.

Acts 1971, No. 432, § 11; 1981, No. 54, § 1; 1981 (1st Ex. Sess.), No. 19, §§ 4, 5; A.S.A. 1947, § 72-755; Acts 1991, No. 162, § 2; 1995, No. 409, § 10.
Ark. Code Ann. § 17-50-402 — AR Code / Title 17 / Chapter 50 / Subchapter 4 / Section 17-50-402
Legislative findings
Status: in_force

It has been found by the General Assembly that: (1) Certain persons continuously violate Arkansas law requiring that they first obtain the proper registration, licensure, and training for construction of water wells and that such persons do not have the required bond to protect well owners; (2) Construction of water wells by those persons is a threat to the general health, safety, and welfare because the Arkansas Natural Resources Commission does not have knowledge of their actions and has no means of holding them accountable for failure to develop water in an orderly, sanitary, reasonable, and safe manner; and (3) Because those persons pose a great threat to the people of Arkansas, the commission must have the ability to obtain the forfeiture of the property of violators. Amended by Act 2023, No. 691,§ 141, eff. 7/1/2023. Acts 2003, No. 855, § 1.

It has been found by the General Assembly that:

(1) Certain persons continuously violate Arkansas law requiring that they first obtain the proper registration, licensure, and training for construction of water wells and that such persons do not have the required bond to protect well owners;

(2) Construction of water wells by those persons is a threat to the general health, safety, and welfare because the Arkansas Natural Resources Commission does not have knowledge of their actions and has no means of holding them accountable for failure to develop water in an orderly, sanitary, reasonable, and safe manner; and

(3) Because those persons pose a great threat to the people of Arkansas, the commission must have the ability to obtain the forfeiture of the property of violators.

Amended by Act 2023, No. 691,§ 141, eff. 7/1/2023.

Acts 2003, No. 855, § 1.
Ark. Code Ann. § 17-42-602 — AR Code / Title 17 / Chapter 42 / Subchapter 6 / Section 17-42-602
Notice
Status: in_force

(a) All real estate brokers participating in the interest on real estate brokers' trust accounts program shall post a notice at least four inches by seven inches (4" x 7") stating that they participate in the interest on real estate brokers' trust accounts program. (b) The notice shall be displayed prominently and shall contain information concerning the purposes for which the interest accumulating on the account shall be used, and shall state: "If funds belonging to you are deposited in this firm's trust account, any interest earned therefrom will be forwarded by the depository bank to a nonprofit organization which will dispense the funds to provide for economic development, research, education, and such other public service purposes as may be determined by the recipient corporation selected by the Arkansas Real Estate Commission." Acts 1993, No. 690, § 24.

(a) All real estate brokers participating in the interest on real estate brokers' trust accounts program shall post a notice at least four inches by seven inches (4" x 7") stating that they participate in the interest on real estate brokers' trust accounts program.

(b) The notice shall be displayed prominently and shall contain information concerning the purposes for which the interest accumulating on the account shall be used, and shall state: "If funds belonging to you are deposited in this firm's trust account, any interest earned therefrom will be forwarded by the depository bank to a nonprofit organization which will dispense the funds to provide for economic development, research, education, and such other public service purposes as may be determined by the recipient corporation selected by the Arkansas Real Estate Commission."

Acts 1993, No. 690, § 24.
Ark. Code Ann. § 17-49-210 — AR Code / Title 17 / Chapter 49 / Subchapter 2 / Section 17-49-210
Bonds and insurance
Status: in_force

(a) No license shall be issued by the Department of Finance and Administration until the applicant has filed with each application the following insurance policies and bonds issued by an insurance company or bonding company authorized to do business within this state, which have been approved by the department: (1) A bond in the penal sum of five hundred dollars ($500) in a form as may be prescribed by the department, conditioned to pay any license fees and taxes, and penalties and interest thereon, due this state or any governmental subdivision thereof by reason of the failure of the itinerant merchant to pay any such license fees and taxes; (2) A bond in the penal sum of one thousand dollars ($1,000) in a form as may be prescribed by the department: (A) For the purpose of protecting the public against fraud, conditioned upon the delivery of honest weights, measures, footage, or grades if the commodities handled by the itinerant merchant are those customarily sold by weights, measures, footage, or grades, accurate representation as to quality or class of the commodities, the actual payment of checks, drafts, or other obligations delivered by the itinerant merchant in exchange for the purchase of commodities; and (B) Conditioned to pay any judgment or judgments that may be obtained against the itinerant merchant for civil liability arising out of the conduct of his or her business, including the matters specified in subdivision (a)(2)(A) of this section, but not including any causes of action covered by the insurance policies described in subdivision (a)(3) of this section. The bond shall further provide that any person dealing with the itinerant merchant, any person using the commodities handled by him or her, and any person holding checks, drafts, or other obligations shall have cause of action upon the bond by reason of any violation of the terms of the bond with respect to the dealing, the commodities, checks, drafts, or other obligations; and (3) A liability insurance policy or bond which shall bind the obligors to pay compensation for injuries to persons and damage to property resulting from the negligent operation of the motor vehicle operated under authority of the itinerant merchant's license, the policy or bond to be conditioned to pay any sum up to five thousand dollars ($5,000) for personal injury to or death of one (1) individual, up to ten thousand dollars ($10,000) for personal injuries or deaths resulting from any single accident, and up to one thousand dollars ($1,000) for damage to property in any single accident. (b) (1) Every insurance policy and bond filed with the department under the provisions of this subchapter shall contain an endorsement or provision that they shall not be canceled by the obligor, shall not expire, and shall not become reduced in amount until fifteen (15) days after notice by registered United States mail has been sent to the department of the intention to cancel them, or that they are to expire or are to be reduced in amount. (2) Upon receipt of such a notice, the department shall immediately notify the itinerant merchant by registered United States mail, return receipt requested, of the receipt of the notice and shall advise him or her that unless a new insurance policy or bond is filed to replace the one to be canceled, to expire, or to be reduced in amount, before the time the cancellation, expiration, or reduction becomes effective, the license of the itinerant merchant in connection with which the policy or bond was issued shall be revoked at the time the cancellation, expiration, or reduction becomes effective. (3) If a new policy or bond is not filed or the amount of reduction restored before the time the cancellation, expiration, or reduction becomes effective, the department must revoke the license at that time, and the licensee shall return the license and license plate to the department. Acts 1941, No. 138, § 6; A.S.A. 1947, § 84-2406.

(a) No license shall be issued by the Department of Finance and Administration until the applicant has filed with each application the following insurance policies and bonds issued by an insurance company or bonding company authorized to do business within this state, which have been approved by the department: (1) A bond in the penal sum of five hundred dollars ($500) in a form as may be prescribed by the department, conditioned to pay any license fees and taxes, and penalties and interest thereon, due this state or any governmental subdivision thereof by reason of the failure of the itinerant merchant to pay any such license fees and taxes; (2) A bond in the penal sum of one thousand dollars ($1,000) in a form as may be prescribed by the department: (A) For the purpose of protecting the public against fraud, conditioned upon the delivery of honest weights, measures, footage, or grades if the commodities handled by the itinerant merchant are those customarily sold by weights, measures, footage, or grades, accurate representation as to quality or class of the commodities, the actual payment of checks, drafts, or other obligations delivered by the itinerant merchant in exchange for the purchase of commodities; and (B) Conditioned to pay any judgment or judgments that may be obtained against the itinerant merchant for civil liability arising out of the conduct of his or her business, including the matters specified in subdivision (a)(2)(A) of this section, but not including any causes of action covered by the insurance policies described in subdivision (a)(3) of this section. The bond shall further provide that any person dealing with the itinerant merchant, any person using the commodities handled by him or her, and any person holding checks, drafts, or other obligations shall have cause of action upon the bond by reason of any violation of the terms of the bond with respect to the dealing, the commodities, checks, drafts, or other obligations; and (3) A liability insurance policy or bond which shall bind the obligors to pay compensation for injuries to persons and damage to property resulting from the negligent operation of the motor vehicle operated under authority of the itinerant merchant's license, the policy or bond to be conditioned to pay any sum up to five thousand dollars ($5,000) for personal injury to or death of one (1) individual, up to ten thousand dollars ($10,000) for personal injuries or deaths resulting from any single accident, and up to one thousand dollars ($1,000) for damage to property in any single accident.

(1) A bond in the penal sum of five hundred dollars ($500) in a form as may be prescribed by the department, conditioned to pay any license fees and taxes, and penalties and interest thereon, due this state or any governmental subdivision thereof by reason of the failure of the itinerant merchant to pay any such license fees and taxes;

(2) A bond in the penal sum of one thousand dollars ($1,000) in a form as may be prescribed by the department: (A) For the purpose of protecting the public against fraud, conditioned upon the delivery of honest weights, measures, footage, or grades if the commodities handled by the itinerant merchant are those customarily sold by weights, measures, footage, or grades, accurate representation as to quality or class of the commodities, the actual payment of checks, drafts, or other obligations delivered by the itinerant merchant in exchange for the purchase of commodities; and (B) Conditioned to pay any judgment or judgments that may be obtained against the itinerant merchant for civil liability arising out of the conduct of his or her business, including the matters specified in subdivision (a)(2)(A) of this section, but not including any causes of action covered by the insurance policies described in subdivision (a)(3) of this section. The bond shall further provide that any person dealing with the itinerant merchant, any person using the commodities handled by him or her, and any person holding checks, drafts, or other obligations shall have cause of action upon the bond by reason of any violation of the terms of the bond with respect to the dealing, the commodities, checks, drafts, or other obligations; and

(A) For the purpose of protecting the public against fraud, conditioned upon the delivery of honest weights, measures, footage, or grades if the commodities handled by the itinerant merchant are those customarily sold by weights, measures, footage, or grades, accurate representation as to quality or class of the commodities, the actual payment of checks, drafts, or other obligations delivered by the itinerant merchant in exchange for the purchase of commodities; and

(B) Conditioned to pay any judgment or judgments that may be obtained against the itinerant merchant for civil liability arising out of the conduct of his or her business, including the matters specified in subdivision (a)(2)(A) of this section, but not including any causes of action covered by the insurance policies described in subdivision (a)(3) of this section. The bond shall further provide that any person dealing with the itinerant merchant, any person using the commodities handled by him or her, and any person holding checks, drafts, or other obligations shall have cause of action upon the bond by reason of any violation of the terms of the bond with respect to the dealing, the commodities, checks, drafts, or other obligations; and

(3) A liability insurance policy or bond which shall bind the obligors to pay compensation for injuries to persons and damage to property resulting from the negligent operation of the motor vehicle operated under authority of the itinerant merchant's license, the policy or bond to be conditioned to pay any sum up to five thousand dollars ($5,000) for personal injury to or death of one (1) individual, up to ten thousand dollars ($10,000) for personal injuries or deaths resulting from any single accident, and up to one thousand dollars ($1,000) for damage to property in any single accident.

(b) (1) Every insurance policy and bond filed with the department under the provisions of this subchapter shall contain an endorsement or provision that they shall not be canceled by the obligor, shall not expire, and shall not become reduced in amount until fifteen (15) days after notice by registered United States mail has been sent to the department of the intention to cancel them, or that they are to expire or are to be reduced in amount. (2) Upon receipt of such a notice, the department shall immediately notify the itinerant merchant by registered United States mail, return receipt requested, of the receipt of the notice and shall advise him or her that unless a new insurance policy or bond is filed to replace the one to be canceled, to expire, or to be reduced in amount, before the time the cancellation, expiration, or reduction becomes effective, the license of the itinerant merchant in connection with which the policy or bond was issued shall be revoked at the time the cancellation, expiration, or reduction becomes effective. (3) If a new policy or bond is not filed or the amount of reduction restored before the time the cancellation, expiration, or reduction becomes effective, the department must revoke the license at that time, and the licensee shall return the license and license plate to the department.

(1) Every insurance policy and bond filed with the department under the provisions of this subchapter shall contain an endorsement or provision that they shall not be canceled by the obligor, shall not expire, and shall not become reduced in amount until fifteen (15) days after notice by registered United States mail has been sent to the department of the intention to cancel them, or that they are to expire or are to be reduced in amount.

(2) Upon receipt of such a notice, the department shall immediately notify the itinerant merchant by registered United States mail, return receipt requested, of the receipt of the notice and shall advise him or her that unless a new insurance policy or bond is filed to replace the one to be canceled, to expire, or to be reduced in amount, before the time the cancellation, expiration, or reduction becomes effective, the license of the itinerant merchant in connection with which the policy or bond was issued shall be revoked at the time the cancellation, expiration, or reduction becomes effective.

(3) If a new policy or bond is not filed or the amount of reduction restored before the time the cancellation, expiration, or reduction becomes effective, the department must revoke the license at that time, and the licensee shall return the license and license plate to the department.

Acts 1941, No. 138, § 6; A.S.A. 1947, § 84-2406.