reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 48 - SURVEYORS (§§ 17-48-101 — 17-48-304) › Subchapter 2 - REGISTRATION (§§ 17-48-201 — 17-48-208) › Section 17-48-206 - Continuing education requirements

(a)
(1)
The State Board of Licensure for Professional Engineers and Professional Surveyors shall issue rules establishing the continuing education requirements for professional surveyors and surveyor interns.
(2)
The rules shall take into account the accessibility to applicants of the board's continuing education requirements.
(3)
The rules may:
(A)
Rely upon guidelines and pronouncements of recognized educational and professional associations;
(B)
Prescribe the content, duration, and organization of courses;
(C)
Provide for the relaxation or suspension of requirements for:
(i)
Applicants who certify that they do not intend to engage in the practice of surveying; and
(ii)
Instances of individual hardship;
(D)
Exempt from licensed continuing education requirements a professional surveyor sixty (60) years of age or older with twenty (20) or more years of experience as a practicing professional surveyor; and
(E)
(i)
Prescribe the manner and condition under which credit shall be given for participation in a program of continuing education that the board considers necessary and appropriate to maintain competency in the practice of surveying.
(ii)
Examples of programs of continuing education that are acceptable include without limitation programs or seminars sponsored by higher educational institutions, government agencies, and professional surveying organizations and related professions.
(b)
(1)
An application for renewal of a certificate of licensure shall be accompanied by evidence documenting the completion of acceptable continuing education credit during the previous renewal period.
(2)
Failure by an applicant to provide this evidence upon request by the board is grounds for disciplinary action unless the board determines the failure is due to a reasonable cause or the applicant was not engaged in the practice of surveying during the previous renewal period.
(3)
The board may renew a certificate of licensure despite an applicant's failure to furnish satisfactory evidence of meeting continuing education requirements and may issue a certificate of licensure to an applicant who has previously maintained inactive status under §
17-48-204(c)
if the applicant follows a particular program or schedule of continuing education prescribed by the board.
Acts 1987, No. 1070, § 1; 2005, No. 1178, § 15; 2009, No. 444, § 7; 2011, No. 898, § 5.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 48 - SURVEYORS (§§ 17-48-101 — 17-48-304) › Subchapter 2 - REGISTRATION (§§ 17-48-201 — 17-48-208) › Section 17-48-208 - Disciplinary action - Procedures

(a)
The rules promulgated by the State Board of Licensure for Professional Engineers and Professional Surveyors for disciplinary procedures shall be based on and consistent with the model rules of procedure of the Attorney General.
(b)
A charge, unless dismissed or settled informally, is to be heard by the board within twelve (12) months after the date on which the charge was submitted.
(c)
(1)
A fine or civil penalty not paid within fifty (50) days after the order becomes final is a judgment.
(2)
The order is to be filed as a judgment and executed in the same manner as other judgments.
(d)
The board, on petition of an individual licensee or firm holding a certificate of authorization, may reissue a certificate of licensure or authorization if a majority of the members of the board vote for the issuance.
Acts 2011, No. 898, § 6.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 48 - SURVEYORS (§§ 17-48-101 — 17-48-304) › Subchapter 3 - PRIVILEGES AND RESPONSIBILITIES UPON ENTERING PRIVATE LAND OR WATER (§§ 17-48-301 — 17-48-304) › Section 17-48-301 - Purpose

The purpose of this subchapter is to enable surveyors to have access to survey monuments, triangulation stations, traverse stations, leveling stations, section corners, quarter-section corners and sixteenth-section corners, locations, and other evidence needed in conducting or preparing for surveys or in preserving such monuments, triangulation stations, traverse stations, leveling stations, section corners, quarter-section corners and sixteenth-section corners, locations, or other evidence. It is particularly recognized that at times it is necessary for a surveyor to tread on property not in his or her survey contract because the boundaries and corners of any parcel of land are necessarily also those of adjoining parcels and because the location of boundaries and corners often are affected by the location of some that are remote and not adjoining.
Acts 1991, No. 862, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 48 - SURVEYORS (§§ 17-48-101 — 17-48-304) › Subchapter 3 - PRIVILEGES AND RESPONSIBILITIES UPON ENTERING PRIVATE LAND OR WATER (§§ 17-48-301 — 17-48-304) › Section 17-48-302 - Definition

As used in this subchapter, "surveyor" means a person:
(1)
Who is a registered surveyor licensed to practice in the State of Arkansas by permanent registration number or by special permit;
(2)
Employed in surveying by the United States Government, by the State of Arkansas, or by a local government agency; and
(3)
Who is under the direct supervision of or is employed by a person who is a surveyor under subdivision (1) or subdivision (2) of this section.
Acts 1991, No. 862, § 2.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 48 - SURVEYORS (§§ 17-48-101 — 17-48-304) › Subchapter 3 - PRIVILEGES AND RESPONSIBILITIES UPON ENTERING PRIVATE LAND OR WATER (§§ 17-48-301 — 17-48-304) › Section 17-48-303 - Right to enter - Immunity from arrest - Identification

(a)
Surveyors shall have the right to enter on public or private land or waters, except buildings, in the lawful pursuit of their occupations and shall be immune from arrest for trespass when performing their duties as prescribed in this subchapter.
(b)
(1)
Where practical, surveyors shall announce and identify themselves and their intentions before entering upon private property.
(2)
Surveyors will carry means of proper identification as to their registration or employment and will display the identification to anyone requesting it.
(3)
Surveyors shall not use the privilege granted herein to extend that point of entry as determined by actual survey requirements.
Acts 1991, No. 862, §§ 3, 4.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 48 - SURVEYORS (§§ 17-48-101 — 17-48-304) › Subchapter 3 - PRIVILEGES AND RESPONSIBILITIES UPON ENTERING PRIVATE LAND OR WATER (§§ 17-48-301 — 17-48-304) › Section 17-48-304 - Liability

(a)
Surveyors shall be personally liable for any damage caused to private property when exercising entry under this subchapter.
(b)
Surveyors shall forfeit any and all claim for damage or personal injury against the landowner while on such lands or waters unless the damage or injury is caused by the intentional tortious conduct of the landowner or his or her agent.
Acts 1991, No. 862, § 5.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 1 - TRANSIENT MERCHANT LICENSING ACT OF 1983 (§§ 17-49-101 — 17-49-110) › Section 17-49-101 - Title

This subchapter shall be known and may be cited as the "Transient Merchant Licensing Act of 1983".
Acts 1983, No. 587, § 1; A.S.A. 1947, § 71-5601.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 1 - TRANSIENT MERCHANT LICENSING ACT OF 1983 (§§ 17-49-101 — 17-49-110) › Section 17-49-102 - Purpose

(a)
The General Assembly finds that because of the temporary nature of the business conducted by transient merchants, consumers in the State of Arkansas are not likely to be able to obtain proper contact information to resolve disputes with, serve legal process upon, or satisfy monetary judgments against transient merchants doing business in the State of Arkansas.
(b)
It is the purpose and intent of this subchapter to:
(1)
Provide the consumers of the State of Arkansas with contact information regarding potential monetary recourse against transient merchants; and
(2)
Provide that the registration fees and bonding requirements in this subchapter for transient merchants shall be minimum registration fees and bonding requirements and shall not be construed to limit or restrict the authority of counties, cities, and towns in the state to levy additional license fees and to require additional bonding for transient merchants engaged in business in counties, cities, and towns.
Acts 1983, No. 587, § 2; A.S.A. 1947, § 71-5602; Acts 2007, No. 1603, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 1 - TRANSIENT MERCHANT LICENSING ACT OF 1983 (§§ 17-49-101 — 17-49-110) › Section 17-49-103 - Definitions

As used in this subchapter:
(1)
"Person" means any individual, corporation, partnership, association, or other entity;
(2)
"Temporary or transient business" means any business conducted for the sale or offer for sale of goods, wares, or merchandise that is carried on in any building, structure, motor vehicle, railroad car, or real estate for a period of less than six (6) months in each year without written evidence of a right to occupy the premises on which a person is conducting business; and
(3)
"Transient merchant" means any person, firm, corporation, partnership, or other entity that engages in, does, or transacts any temporary or transient business in the state, either in one (1) locality or in traveling from place to place in the state, offering for sale or selling goods, wares, merchandise, or services.
Acts 1983, No. 587, § 3; A.S.A. 1947, § 71-5603; Acts 2007, No. 1603, § 2.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 1 - TRANSIENT MERCHANT LICENSING ACT OF 1983 (§§ 17-49-101 — 17-49-110) › Section 17-49-104 - Exemptions

(a)
The provisions of this subchapter shall not apply to:
(1)
Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business;
(2)
Wholesale trade shows or conventions;
(3)
Sales of goods, wares, or merchandise by sample catalogue or brochure for future delivery;
(4)
Fairs and convention center activities conducted primarily for amusement or entertainment;
(5)
Any general sale, fair, auction, or bazaar sponsored by any church or religious organization;
(6)
Garage sales held on the premises devoted to residential use;
(7)
Sales of crafts or items made by hand and sold or offered for sale by the person making the crafts or handmade items;
(8)
Sales of agricultural products, except nursery products and foliage plants;
(9)
Sales made by a seller at residential premises pursuant to an invitation issued by the owner or legal occupant of the premises; or
(10)
School-sponsored bazaars and sales, concessions at school athletic and other events, and sales of paraphernalia used in the celebration of any nationally recognized holiday or used in connection with any public school, university, or college-related activities, flea markets, retail fireworks establishments, gun shows, sales by charitable organizations, sales of coins, and expositions sponsored by government entities or by nonprofit trade associations.
(b)
A transient merchant not otherwise exempted from the provisions of this subchapter shall not be relieved or exempted from the provisions of this subchapter by reason of associating himself or herself temporarily with any local dealer, auctioneer, trader, contractor, or merchant or by conducting such temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader, contractor, or merchant.
Acts 1983, No. 587, § 4; 1983 (1st Ex. Sess.), No. 113, § 1; A.S.A. 1947, § 71-5604.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 1 - TRANSIENT MERCHANT LICENSING ACT OF 1983 (§§ 17-49-101 — 17-49-110) › Section 17-49-105 - Enforcement

It is the duty of the county sheriff and other law enforcement officers in each county and the prosecuting attorney for each county to enforce the provisions of this subchapter.
Acts 1983, No. 587, § 12; A.S.A. 1947, § 71-5612.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 1 - TRANSIENT MERCHANT LICENSING ACT OF 1983 (§§ 17-49-101 — 17-49-110) › Section 17-49-106 - Registration required - Penalty for violation

(a)
It is unlawful for any transient merchant to transact business in any county in this state unless the merchant and the owners of any goods, wares, or merchandise to be offered for sale or sold, if such are not owned by the merchant, shall have first secured a registration certificate and shall have otherwise complied with the requirements of this subchapter.
(b)
Any person or entity that transacts a temporary or transient business as defined in §
17-49-103
without having first registered in accordance with the provisions of this subchapter, or who knowingly advertises, offers for sale, or sells any goods, wares, merchandise, or services in violation of the provisions of this subchapter, shall be guilty of a Class A misdemeanor.
(c)
The penalty prescribed in this section shall be in addition to any other penalties prescribed by law for any criminal offense committed by the licensee.
Acts 1983, No. 587, §§ 5, 11; A.S.A. 1947, §§ 71-5605, 71-5611; Acts 2007, No. 1603, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 1 - TRANSIENT MERCHANT LICENSING ACT OF 1983 (§§ 17-49-101 — 17-49-110) › Section 17-49-107 - Registration for business

(a)
Any transient merchant desiring to transact business in any county in this state shall register in each county in which the merchant desires to transact business.
(b)
The registration shall be filed with the county clerk and shall include the following information:
(1)
The name and permanent address of the transient merchant making the application and, if the applicant is a firm or corporation, the name and address of the members of the firm or the officers of the corporation, as the case may be;
(2)
If the applicant is a corporation, there shall be stated on the application form the date of incorporation, the state of incorporation, and, if the applicant is a corporation formed in a state other than the State of Arkansas, the date on which the corporation qualified to transact business as a foreign corporation in the State of Arkansas;
(3)
A statement showing the kind of business proposed to be conducted, the length of time for which the applicant desires to transact such business, and the location of the proposed place of business;
(4)
The name and permanent address of the transient merchant's registered agent or office;
(5)
Proof that the applicant has acquired all other required city, county, and state permits and licenses; and
(6)
There shall be attached to the application a receipt or statement showing that any personal property taxes due on goods, wares, or merchandise to be offered for sale have been paid.
(c)
The county clerk in each county shall design and cause to be printed appropriate forms for applications for registration and for the registration certificates to be issued to applicants under this subchapter.
Acts 1983, No. 587, §§ 6, 7; A.S.A. 1947, §§ 71-5606, 71-5607; Acts 2007, No. 1603, § 4.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 1 - TRANSIENT MERCHANT LICENSING ACT OF 1983 (§§ 17-49-101 — 17-49-110) › Section 17-49-108 - Service of process, notice, or demand

(a)
Each registered agent designated by a transient merchant shall be a resident of the county and shall be agent of the transient merchant upon whom any process, notice, or demand required or permitted by law to be served upon the transient merchant may be served.
(b)
The registered agent shall agree in writing to act as such agent, and a copy of the agreement to so act shall be filed by the transient merchant with the registration.
(c)
The county clerk of each county shall maintain an alphabetical list of all transient merchants in the county and the names and addresses of their registered agents.
(d)
If any transient merchant doing business or having done business in any county within the state shall fail to have or maintain a registered agent in the county or if the registered agent cannot be found at his or her permanent address, the county clerk shall be an agent of the transient merchant for service of all process, notices, or demands.
(e)
Service on the county clerk shall be made by delivering to and leaving with him or her, or any person designated by the clerk to receive the service, duplicate copies of the process, notice, or demand.
(f)
When any process, notice, or demand is served on the clerk, he or she shall immediately cause one (1) copy to be forwarded by registered or certified mail to the permanent address of the transient merchant.
(g)
The provisions of this section shall not limit or otherwise affect the right of any person to serve any process, notice, or demand in any other manner now or hereafter authorized by law.
Acts 1983, No. 587, § 8; A.S.A. 1947, § 71-5608; Acts 2007, No. 1603, § 5.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 1 - TRANSIENT MERCHANT LICENSING ACT OF 1983 (§§ 17-49-101 — 17-49-110) › Section 17-49-109 - Registration fee and bond

(a)
Each application for a transient merchant registration certificate shall be accompanied by a registration fee of fifty dollars ($50.00) and by a cash bond or a surety bond issued by a corporate surety authorized to do business in the state in the amount of two thousand dollars ($2,000) or five percent (5%) of the wholesale value of any goods, wares, merchandise, or services to be offered for sale, whichever sum is lesser.
(b)
The surety bond shall be in favor of the State of Arkansas and shall assure the payment by the applicant of all taxes that may be due from the applicant to the state or any political subdivision of the state, the payment of any fines that may be assessed against the applicant or its agents or employees for violation of the provisions of this subchapter, and for the satisfaction of all judgments that may be rendered against the transient merchant or its agents or employees in any cause of action commenced by any purchaser of goods, wares, merchandise, or services within one (1) year from the date of the sale by the transient merchant.
(c)
The bonds shall be maintained so long as the transient merchant conducts business in the county and for a period of one (1) year after the termination of the business. The bonds shall be released only when the transient merchant furnishes satisfactory proof to the county clerk that it has satisfied all claims of purchasers of goods, wares, merchandise, or services from the merchant and that all state and local sales taxes and other taxes have been paid.
Acts 1983, No. 587, § 9; A.S.A. 1947, § 71-5609; Acts 2007, No. 1603, § 6.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 1 - TRANSIENT MERCHANT LICENSING ACT OF 1983 (§§ 17-49-101 — 17-49-110) › Section 17-49-110 - Issuance and terms of registration certificate

(a)
A transient business registration certificate shall be issued under this section only when all requirements of this subchapter have been met.
(b)
The registration certificate shall:
(1)
Not be transferable;
(2)
Be valid only within the territorial limits of the issuing county;
(3)
Be valid only for a period of ninety (90) days; and
(4)
Be valid only for the business stated in the application.
(c)
A registration certificate so issued shall be valid for only one (1) person, unless the person is a member of a partnership or employee of a firm or corporation obtaining the registration certificate.
Acts 1983, No. 587, § 10; A.S.A. 1947, § 71-5610; Acts 2007, No. 1603, § 7.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 2 - ITINERANT MERCHANTS (§§ 17-49-201 — 17-49-214) › Section 17-49-201 - Purpose

(a)
Peddlers have always been recognized as a special class, subject to special laws regulating, licensing, and policing the class. This is based on their particular way of doing business, upon the fact that many of them contribute nothing or very little in the way of taxes and otherwise to the support and building of the communities in which they operate, on the unscrupulous methods of some of them, and on other valid considerations. The advent of the motor truck and the improved roads has brought about the existence of a special class of peddlers by motor truck who combine all of the old attributes of the class with the present ability to cover a wide territory and handle goods in large quantities. This has created serious and pressing problems of preserving local communities from deterioration and even extinction through the destruction of local established business, of maintaining adequate price levels of commodities so as to insure a fair return to producers and to justify local merchants in carrying adequate stocks of merchandise to meet the regular needs of their communities, of law violation in commercial transactions, of loss of tax revenue, and of highway hazards.
(b)
It is the purpose of this subchapter to:
(1)
Define the class of peddlers by motor vehicle without burdening local established producers, merchants, and manufacturers;
(2)
Regulate the class to avoid existing evils; and
(3)
Assess and collect taxes due the state from this class.
Acts 1941, No. 138, § 1; A.S.A. 1947, § 84-2401.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 2 - ITINERANT MERCHANTS (§§ 17-49-201 — 17-49-214) › Section 17-49-203 - Procedure for exemption

(a)
No person shall be exempt from the requirements of this subchapter by reason of the provisions of §
17-49-202(4)(B)
unless he or she or the driver of the motor vehicle upon which his or her property is being transported shall, upon the request of any state, county, or township officer sworn to preserve the peace, sign and swear to under oath before some person authorized by the laws of this state to administer oaths and deliver to the officer a statement in writing clearly showing that the person claiming the exemption is entitled to one (1) or more of the exemptions provided in this section.
(b)
The Department of Finance and Administration or its authorized agents, or any highway patrol officer, sheriff, or other peace officer, for the purpose of the enforcement of this subchapter, may administer oaths and take acknowledgments of the oaths.
(c)
If the person claiming the exemption is not a natural person, the statement shall be signed and sworn to by some natural person authorized to act for it or the driver of the motor vehicle carrying the property. The statement shall not be sufficient unless it shall contain, in addition to any other necessary facts, the following of such facts as are material to the particular exemption claimed:
(1)
The name of the person claiming the exemption and name of the person signing the statement;
(2)
The business and residence addresses of both;
(3)
Where and when the products described in §
17-49-202(4)(B)(ii)
were produced or fed, the place where they are to be delivered if known, and the acreage operated by the person claiming the exemption;
(4)
The location of the established place of business, how long there established, and whether the premises where located are owned or leased by the person claiming the exemption; and
(5)
The kind of business there conducted.
(d)
The officer receiving the statement shall promptly forward it to the department where it shall be filed and shall be a public record.
(e)
Any person knowingly making any false, material statement in the statement shall be guilty of perjury and shall upon conviction be punished as provided by law.
Amended by Act 2019, No. 386,§ 30, eff. 7/24/2019.
Acts 1941, No. 138, § 2; A.S.A. 1947, § 84-2402.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 2 - ITINERANT MERCHANTS (§§ 17-49-201 — 17-49-214) › Section 17-49-204 - Penalties

(a)
Any person violating any provision of this subchapter shall be guilty of a misdemeanor, except as herein otherwise provided, and shall upon conviction be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period of not less than thirty (30) days nor more than one hundred (100) days. Each day's operation in violation of any provision of this subchapter shall be a separate offense.
(b)
Any motor vehicle operated in violation of this subchapter shall be kept in the custody of any state, county, or township officer sworn to preserve the peace and shall not be operated except under his or her authority and solely for the purpose of taking it to the nearest convenient place of custody until the provisions of this subchapter have been complied with.
Acts 1941, No. 138, §§ 12, 15; A.S.A. 1947, §§ 84-2412, 84-2414.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 2 - ITINERANT MERCHANTS (§§ 17-49-201 — 17-49-214) › Section 17-49-205 - Enforcement

It shall be the duty of the Department of Finance and Administration or its authorized agents, the Department of Arkansas State Police, and all peace officers to enforce this subchapter.
Acts 1941, No. 138, § 18; A.S.A. 1947, § 84-2416.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 2 - ITINERANT MERCHANTS (§§ 17-49-201 — 17-49-214) › Section 17-49-206 - County or municipal authority to tax or license

Nothing in this subchapter shall be construed to repeal or amend any statute delegating authority to any county or municipal corporation to license, tax, or regulate peddlers or itinerant merchants.
Acts 1941, No. 138, § 14; A.S.A. 1947, § 84-2413.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 2 - ITINERANT MERCHANTS (§§ 17-49-201 — 17-49-214) › Section 17-49-207 - License required

No person shall engage in business or use any motor vehicle in this state as an itinerant merchant, as defined and fixed in §
17-49-202
, without complying with this subchapter and without obtaining from the Department of Finance and Administration the license required by this subchapter.
Acts 1941, No. 138, § 3; A.S.A. 1947, § 84-2403.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 2 - ITINERANT MERCHANTS (§§ 17-49-201 — 17-49-214) › Section 17-49-208 - Application for license

(a)
An application for a license as an itinerant merchant shall be made to the Department of Finance and Administration through any of its authorized agents upon forms to be prepared by the department.
(b)
A separate application and license shall be required for each motor vehicle to be operated.
(c)
In addition to any other essential information required by the department, the application shall state the following:
(1)
The name and legal status of the applicant;
(2)
His or her business address;
(3)
If a natural person, his or her residence address;
(4)
If not a natural person, the names and business and residence addresses of the principal and managing officers, agents, or partners;
(5)
A general description of the business to be conducted and the area in this state in which it will be conducted; and
(6)
An exact description of the motor vehicle to be used, including the make, type, manufacturer's rated loading capacity, motor number, serial number, place where registered, and registration or license number.
(d)
The application shall be signed and sworn to by the applicant or his or her authorized agent if a natural person or, if not a natural person, by some agent, officer, or partner authorized to act for it.
Acts 1941, No. 138, § 4; A.S.A. 1947, § 84-2404.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 2 - ITINERANT MERCHANTS (§§ 17-49-201 — 17-49-214) › Section 17-49-209 - License expiration and renewal - Fees

(a)
(1)
The fee for each license, except as herein otherwise provided, shall be fifty dollars ($50.00) per year.
(2)
However, if the license is issued after June 30 in any year, the license fee shall be twenty-five dollars ($25.00).
(3)
The proper fee shall accompany the application.
(b)
All licenses issued and license fees paid shall be for the calendar year only in which issued or paid and shall expire at the end of the calendar year.
Acts 1941, No. 138, § 5; A.S.A. 1947, § 84-2405.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 2 - ITINERANT MERCHANTS (§§ 17-49-201 — 17-49-214) › Section 17-49-211 - Suits against merchant and surety

Any person having a cause of action against the itinerant merchant arising out of the matters described in §
17-49-210(a)(1) and (2)
:
(1)
May join the itinerant merchant and the surety on his or her bond in the same action; or
(2)
May sue the surety without joining the itinerant merchant in the action if the itinerant merchant is deceased or if it is impossible to obtain jurisdiction of his or her person within the state where the cause of action arose.
Acts 1941, No. 138, § 6; A.S.A. 1947, § 84-2406.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 2 - ITINERANT MERCHANTS (§§ 17-49-201 — 17-49-214) › Section 17-49-212 - Power of attorney - Service of summons

Before a license shall be issued, the applicant shall sign and file with the Department of Finance and Administration an irrevocable power of attorney appointing the department his or her agent to accept service of summons for all causes of action against him or her arising out of the conduct of his or her business as an itinerant merchant and the operation of the motor vehicle described in the application.
Acts 1941, No. 138, § 7; A.S.A. 1947, § 84-2407.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 2 - ITINERANT MERCHANTS (§§ 17-49-201 — 17-49-214) › Section 17-49-213 - Issuance and use of license

(a)
Upon the approval and issuance of the application and upon compliance with the terms of this subchapter, the Department of Finance and Administration shall issue to the applicant a license as an itinerant merchant.
(b)
The license shall:
(1)
Be numbered;
(2)
Show the amount of fees paid;
(3)
Specifically describe the itinerant merchant and the motor vehicle as they are described in the application;
(4)
At all times be carried in the cab of the motor vehicle described; and
(5)
At all times be subject to inspection by any officer authorized to enforce this subchapter.
(c)
The department shall also issue to the itinerant merchant a license plate containing the same number as the license, of distinctive color and size, which shall at all times be displayed on the rear of the motor vehicle described in the license.
(d)
No license or license plate issued pursuant to this subchapter may be sold or transferred, and no license or license plate may be transferred from one vehicle to another.
Acts 1941, No. 138, §§ 8, 9; A.S.A. 1947, §§ 84-2408, 84-2409.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 2 - ITINERANT MERCHANTS (§§ 17-49-201 — 17-49-214) › Section 17-49-214 - License revocation

Upon such notice and hearing as the Department of Finance and Administration may deem proper, it may revoke any license issued under the provisions of this subchapter for failure to comply with any of the laws of this state, or if any judgment recovered against any itinerant merchant remains unpaid for a period of sixty (60) days, provided the judgment is not supersedeas as bond upon appeal from the judgment.
Acts 1941, No. 138, § 10; A.S.A. 1947, § 84-2410.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 3 - ITINERANT ENTREPRENEURS (§§ 17-49-301 — 17-49-304) › Section 17-49-301 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Itinerant entrepreneur" means a person or firm who trades in goods or services for construction, improvement, or maintenance of houses or farm buildings or structures, who travels about, and who has no established place of business in the county of at least ninety (90) days' standing; and
(2)
"Itinerant entrepreneur" shall not include any person or firm licensed as a contractor by the Contractors Licensing Board.
Acts 1963, No. 256, § 1; A.S.A. 1947, § 71-1901.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 3 - ITINERANT ENTREPRENEURS (§§ 17-49-301 — 17-49-304) › Section 17-49-302 - Registration required

Before engaging in business in any county, an itinerant entrepreneur shall register with the sheriff thereof his or her name and address and the nature of his or her business.
Acts 1963, No. 256, § 2; A.S.A. 1947, § 71-1902.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 3 - ITINERANT ENTREPRENEURS (§§ 17-49-301 — 17-49-304) › Section 17-49-303 - Exemption

The provisions of this subchapter shall not apply to goods or services contracted for upon public or private advertised bids.
Acts 1963, No. 256, § 3; A.S.A. 1947, § 71-1903.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 3 - ITINERANT ENTREPRENEURS (§§ 17-49-301 — 17-49-304) › Section 17-49-304 - Penalty

A person who violates this subchapter shall be fined in any sum not to exceed five hundred dollars ($500).
Acts 1963, No. 256, § 3; A.S.A. 1947, § 71-1903.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-50-101 — 17-50-110) › Section 17-50-101 - Title

This chapter shall be known and cited as the "Arkansas Water Well Construction Act".
Acts 1969, No. 641, § 1; A.S.A. 1947, § 21-2001.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-50-101 — 17-50-110) › Section 17-50-102 - Purpose

(a)
In that there is an ever-increasing demand for water in this state necessitating the construction of water wells, it is imperative that the general health, safety, and welfare be protected by providing a means for the proper development of the natural resource of underground water in an orderly, sanitary, reasonable, and safe manner, without waste, so that sufficient potable supplies for the continued economic growth of our state may be assured. To that end it is essential that persons engaged in water well drilling cooperate with the State of Arkansas in the development of ground water resources.
(b)
In that there is an ever-increasing demand for water in this state necessitating the construction of water wells and pump installation, it is imperative that the general health, safety, and welfare be protected by providing the Arkansas Natural Resources Commission with jurisdiction over pump installation, which is an inherent part of water well construction. The regulation of pump installation and installers is essential to fulfill the intent of this chapter.
Amended by Act 2023, No. 691,§ 116, eff. 7/1/2023.
Acts 1969, No. 641, § 2; A.S.A. 1947, § 21-2002; Acts 1987, No. 693, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-50-101 — 17-50-110) › Section 17-50-104 - Violations

(a)
It shall be unlawful and a violation of this chapter, unless exempted under the provisions of §
17-50-107(b)
and §
17-50-108(b)
, for:
(1)
Any person to engage in well construction or pump installation unless the work is performed under the supervision of an individual certified by the Arkansas Natural Resources Commission in the type of work done;
(2)
(A)
Any water well contractor to fail to deliver a report on well construction to the commission within ninety (90) days after completion of well construction.
(B)
The report on well construction shall contain such information as may be requested by appropriate rules of the commission and shall be upon forms supplied by the commission;
(3)
Any person to install, construct, repair, or alter a water well or pumping equipment which is not in compliance with appropriate rules or is a health hazard;
(4)
A person to operate a rig without a permit as prescribed in §
17-50-310
; or
(5)
A person to enter into a contract for well construction or pump installation or hold himself or herself out in the business as a water well contractor without posting bond or bond fee and holding a license as provided in §§
17-50-304
-
17-50-309
.
(b)
Every day or any part of a day in which a violation occurs shall constitute a separate offense.
Amended by Act 2023, No. 691,§ 118, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 1476, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1475, eff. 7/24/2019.
Acts 1969, No. 641, § 12; A.S.A. 1947, § 21-2012; Acts 1987, No. 693, § 7; 1999, No. 69, § 1; 2001, No. 1184, § 2; 2003, No. 297, § 2.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-50-101 — 17-50-110) › Section 17-50-105 - Criminal penalties

(a)
Any person who violates §
17-50-104
shall be guilty of a Class A misdemeanor.
(b)
Any person who violates any other provision of this chapter, rules issued under this chapter, or order pursuant to this chapter shall be guilty of a Class B misdemeanor.
(c)
Every day, or any part of a day, in which the violation occurs shall constitute a separate offense.
(d)
Any person found guilty of a Class A or Class B misdemeanor for violation of any provision of this chapter who continues to engage in the behavior or activity giving rise to violation shall be guilty of a Class D felony for the second or any subsequent offense.
(e)
Persons described in this section may be arrested by any sheriff, constable, chief of police, or other law enforcement officer of this state or any political subdivision of this state.
Amended by Act 2019, No. 315,§ 1477, eff. 7/24/2019.
Acts 1969, No. 641, § 18; A.S.A. 1947, § 21-2018; Acts 2003, No. 297, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-50-101 — 17-50-110) › Section 17-50-106 - Alternative civil penalties

(a)
Whenever the Arkansas Natural Resources Commission, after a hearing conducted in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq., finds that a person has violated the provisions of this chapter or any rules promulgated by the commission pursuant to the authority granted in this chapter, the commission shall have the power and authority to impose a civil penalty on the person in lieu of prosecuting the person under §
17-50-105
.
(b)
If a person against whom a civil penalty has been imposed by the commission, as authorized in this section, fails to pay the penalty to the commission, the commission may file action in the Pulaski County Circuit Court to collect the civil penalty.
(c)
If the commission prevails in the action, the defendant shall be directed to pay, in addition to the civil penalty, reasonable attorney's fees and costs of the commission for prosecuting the action.
(d)
No civil penalty shall be assessed by the commission against any person if that person is prosecuted under §
17-50-105
.
(e)
The commission shall not assess a civil penalty in excess of two thousand five hundred dollars ($2,500) per offense.
Amended by Act 2023, No. 691,§ 119, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 1478, eff. 7/24/2019.
Acts 1981, No. 521, § 3; A.S.A. 1947, § 21-2018.1; Acts 2003, No. 297, § 4.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-50-101 — 17-50-110) › Section 17-50-107 - Scope

(a)
No person shall construct, repair, or abandon, or cause to be constructed, repaired, or abandoned, any water well without complying with the provisions of this chapter and the rules adopted pursuant to it.
(b)
The provisions of this chapter and rules adopted pursuant to it shall not be construed to repeal the provisions of any other law or ordinance of any municipality establishing standards with respect to water well drilling or pump installation and shall prevail concurrently with such other law or ordinance.
Amended by Act 2019, No. 315,§ 1479, eff. 7/24/2019.
Acts 1969, No. 641, §§ 4, 20; A.S.A. 1947, §§ 21-2004, 21-2020.