reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 131 - SETTLEMENT AGREEMENTS (§§ 16-131-201 — 16-131-206) › Subchapter 2 - ARKANSAS STATUTORY THRESHOLDS FOR SETTLEMENT AGREEMENTS INVOLVING MINORS ACT (§§ 16-131-201 — 16-131-206) › Section 16-131-201 - Title

This subchapter shall be known and may be cited as the "Arkansas Statutory Thresholds for Settlement Agreements Involving Minors Act".
Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 131 - SETTLEMENT AGREEMENTS (§§ 16-131-201 — 16-131-206) › Subchapter 2 - ARKANSAS STATUTORY THRESHOLDS FOR SETTLEMENT AGREEMENTS INVOLVING MINORS ACT (§§ 16-131-201 — 16-131-206) › Section 16-131-202 - Purpose

The purpose of this subchapter is to establish standards and procedures for settling claims through settlement agreements involving minors.
Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 131 - SETTLEMENT AGREEMENTS (§§ 16-131-201 — 16-131-206) › Subchapter 2 - ARKANSAS STATUTORY THRESHOLDS FOR SETTLEMENT AGREEMENTS INVOLVING MINORS ACT (§§ 16-131-201 — 16-131-206) › Section 16-131-203 - Definitions

As used in this subchapter:
(1)
"Annuity" means a fixed and periodic amount of moneys payable throughout the life of a person or for a temporary period;
(2)
"Claim" means a civil cause of action and includes a claim made by or on behalf of a minor;
(3)
"Conservator" means a person appointed or qualified by a court to manage the estate of an individual;
(4)
"Guardian" means an individual who has legal custody of a minor or the state if the minor is in state custody;
(5)
"Guardian ad litem" means an individual appointed by a court in which a particular proceeding is pending to represent a minor in that proceeding;
(6)
"Minor" means an individual under eighteen (18) years of age;
(7)
"Settlement" means an arrangement for payment of damages for personal injuries or sickness established by a settlement agreement or judgment in resolution of a claim; and
(8)
"Settlement agreement" means an agreement, judgment, stipulation, or release embodying the terms of a settlement.
Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 131 - SETTLEMENT AGREEMENTS (§§ 16-131-201 — 16-131-206) › Subchapter 2 - ARKANSAS STATUTORY THRESHOLDS FOR SETTLEMENT AGREEMENTS INVOLVING MINORS ACT (§§ 16-131-201 — 16-131-206) › Section 16-131-204 - Procedures for settling claim involving minor

(a)
On behalf of a minor, the minor's guardian may enter into a settlement agreement with a person or party against whom the minor has a claim if:
(1)
A conservator or guardian ad litem has not been appointed for the minor;
(2)
The total amount of the claim is twenty-five thousand dollars ($25,000) or less, excluding reimbursement of medical expenses, liens, reasonable attorney's fees, and costs of the claim, if paid in cash, by draft, or by the purchase of a premium for an annuity;
(3)
The moneys paid under the settlement agreement are paid according to §
16-131-205
; and
(4)
The guardian completes an affidavit or verified statement that attests that:
(A)
The guardian has made a reasonable inquiry into the matter;
(B)
To the best of the guardian's knowledge:
(i)
The minor will be fully compensated by the settlement agreement; or
(ii)
There is no practical way to obtain additional amounts from the person or party entering into the settlement agreement with the minor; and
(C)
The guardian understands and acknowledges that the guardian is obligated by law to deposit the settlement directly into a restricted savings account or other restricted investment account, or purchase an annuity, as required under subdivision (a)(3) of this section.
(b)
An attorney representing the guardian or minor, if any, shall maintain the affidavit or verified statement completed under subdivision (a)(4) of this section in the attorney's file for two (2) years after the minor:
(1)
Attains twenty-one (21) years of age; or
(2)
Dies, if the minor does not attain twenty-one (21) years of age.
Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 131 - SETTLEMENT AGREEMENTS (§§ 16-131-201 — 16-131-206) › Subchapter 2 - ARKANSAS STATUTORY THRESHOLDS FOR SETTLEMENT AGREEMENTS INVOLVING MINORS ACT (§§ 16-131-201 — 16-131-206) › Section 16-131-205 - Disbursements under settlement agreements

(a)
Any moneys payable under a settlement agreement entered into under §
16-131-204
shall be paid as follows:
(1)
If the minor or guardian is represented by an attorney and the settlement is paid in cash, by draft, or by direct deposit into the attorney's trust account that is maintained pursuant to Supreme Court rule, to be held for the benefit of the minor, the attorney shall:
(A)
Deposit the moneys received on behalf of the minor directly into a federally insured savings account that earns interest in the sole name of the minor; and
(B)
Provide notice of the deposit to the minor and the guardian by personal service or first class mail;
(2)
If the minor or guardian is not represented by an attorney and the settlement is paid:
(A)
In cash or by draft, the moneys shall be deposited by the guardian directly into a federally insured savings account that earns interest in the sole name of the minor; or
(B)
(i)
By direct deposit, the moneys shall be deposited directly into a federally insured savings account that earns interest in the sole name of the minor.
(ii)
The guardian shall provide the person or entity with whom the minor has settled the claim with the information necessary to complete an electronic transfer of settlement funds into a federally insured savings account that earns interest in the sole name of the minor within ten (10) business days of the settlement.
(iii)
Notice of the deposit of the electronic transfer of funds shall be delivered by personal service or first class mail to the minor and guardian by the person or entity against whom a minor has a claim that settles the claim with the minor;
(3)
If paid by purchase of an annuity, the moneys shall be paid by direct payment to the provider of the annuity with the minor designated as the sole beneficiary of the annuity; or
(4)
If the minor is in state custody and the settlement is paid in cash or by draft, the moneys shall be deposited directly into a trust account established by the Department of Human Services for receiving moneys payable to the minor under the settlement agreement and that earns interest for the benefit of the minor.
(b)
The moneys in the minor's savings account or trust account established under subsection (a) of this section shall not be withdrawn, removed, paid out, or transferred to any person, including the minor, except:
(1)
Pursuant to a court order;
(2)
Upon the minor's attainment of eighteen (18) years of age or being otherwise emancipated; or
(3)
Upon the death of the minor.
Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 131 - SETTLEMENT AGREEMENTS (§§ 16-131-201 — 16-131-206) › Subchapter 2 - ARKANSAS STATUTORY THRESHOLDS FOR SETTLEMENT AGREEMENTS INVOLVING MINORS ACT (§§ 16-131-201 — 16-131-206) › Section 16-131-206 - Liability - Good faith actions

(a)
If a settlement agreement is entered into in compliance with §
16-131-204
, the signature of the guardian:
(1)
Is binding on the minor without the need for further court approval or review; and
(2)
Has the same force and effect as if the minor were a competent adult entering into the settlement agreement.
(b)
A guardian acting in good faith on behalf of the minor under this subchapter is not liable to the minor for the moneys paid in settlement or for any other claim arising out of the settlement.
(c)
A person or entity against whom a minor has a claim that settles the claim with the minor in good faith under this subchapter with the minor's guardian is not liable to the minor for any claims arising from the settlement of the claim.
Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 1 - GENERAL PROVISIONS (§§ 17-1-101 — 17-1-110) › Section 17-1-101 - Examination credit for United States veterans and nurses

(a)
In all examinations held by any and all state boards, commissions, or bureaus for the purpose of examining applicants for any license or permit to engage in any profession, trade, or employment, all applicants for such examinations who are veterans of the United States Army, United States Navy, United States Marine Corps, or Nurses of the United States shall have a credit of ten percent (10%) over and above all applicants who are not such veterans or nurses.
(b)
The only requirement on the part of the applicant for examination to secure credit of ten percent (10%) shall be the delivery to the examining board, commission, or bureau of the original or a duly and properly executed certified copy of an honorable discharge from the United States Army, United States Navy, United States Marine Corps, or Nurses of the United States.
(c)
The advantage given to veterans or nurses under and by this section shall be the same as is given to such veterans and nurses by the acts of the United States Congress for federal positions and licenses.
Acts 1941, No. 298, §§ 1, 2; A.S.A. 1947, §§ 11-1701, 11-1702.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 1 - GENERAL PROVISIONS (§§ 17-1-101 — 17-1-110) › Section 17-1-102 - Liability of committee members of professional societies, review organizations, and hospital medical staffs - Definition

(a)
There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, members of the following organizations for any act or proceeding undertaken or performed within the scope of the functions of any such committee which is formed to maintain the professional standards of the society established by its bylaws, if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter as to which he or she acts, and acts in reasonable belief that the action taken by him or her is warranted by the facts known to him or her after a reasonable effort to obtain facts:
(1)
A duly appointed committee of a state or local professional society;
(2)
A professional services review organization appointed pursuant to state or federal statute; or
(3)
A duly appointed committee of a medical staff of a licensed hospital, provided that the medical staff operates pursuant to written bylaws that have been approved by the governing board of the hospital.
(b)
"Professional society" as used in this section, includes societies of the healing arts, legal, accounting, architectural, and engineering professions having as members at least a majority of the eligible licentiates in the profession served by the particular body.
Acts 1975, No. 634, § 1; A.S.A. 1947, § 71-5101.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 1 - GENERAL PROVISIONS (§§ 17-1-101 — 17-1-110) › Section 17-1-103 - Registration, certification, and licensing for criminal offenders

(a)
(1)
It is the policy of the State of Arkansas to encourage and contribute to the rehabilitation of criminal offenders and to assist them in the assumption of the responsibilities of citizenship.
(2)
The public is best protected when offenders are given the opportunity to secure employment or to engage in a meaningful trade, occupation, or profession.
(b)
(1)
(A)
Subject to the provisions of subdivision (b)(2) of this section in determining eligibility under this section, a board, commission, department, or an agency may take into consideration conviction of certain crimes that have not been annulled, expunged, or pardoned.
(B)
However, such convictions shall not operate as an automatic bar to registration, certification, or licensing for any trade, profession, or occupation.
(2)
The following criminal records shall not be used, distributed, or disseminated in connection with an application for a registration, license, or certificate:
(A)
Records of arrest not followed by a valid felony conviction by the courts;
(B)
Convictions that have been annulled or expunged or pardoned by the Governor; and
(C)
Misdemeanor convictions, except misdemeanor sex offenses and misdemeanors involving violence.
(c)
The board, commission, department, or agency shall state explicitly in writing the reasons for a decision that prohibits the applicant from practicing the trade, occupation, or profession if the decision is based, in whole or in part, on conviction of a felony.
(d)
For the purposes of this section, completion of the following shall be deemed prima facie evidence of sufficient rehabilitation:
(1)
Probation, parole, or post-release supervision; and
(2)
A period of five (5) years after final discharge or release from any term of imprisonment in the state penitentiary without any subsequent conviction.
(e)
Any complaints concerning the violation of this section shall be adjudicated in accordance with the procedure set forth in the Arkansas Administrative Procedure Act, §
25-15-201
et seq., for administrative and judicial review.
(f)
(1)
This section shall apply to any board, commission, department, agency, or any other body that deals in licensing or regulating a profession, trade, or occupation in the State of Arkansas.
(2)
It shall be the duty of the Secretary of State to make this section known to any board, commission, department, or agency affected by this section.
(g)
This section shall not apply to teacher licensure or certification or nursing licensure and certification as governed by §§
6-17-410
and
17-87-312
respectively.
Amended by Act 2023, No. 659,§ 237, eff. 1/1/2024.
Acts 1973, No. 280, §§ 1-6; A.S.A. 1947, §§ 71-2601 -- 71-2606; Acts 1997, No. 1317, § 1; 2001, No. 752, § 3; 2005, No. 1994, § 487.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 1 - GENERAL PROVISIONS (§§ 17-1-101 — 17-1-110) › Section 17-1-105 - Notification of mandatory reporters

Each board, commission, or other entity that licenses mandatory reporters of child abuse and neglect shall provide notice to each licensee concerning the online and web-based child abuse reporting program required under §
16-10-138
[repealed].
Acts 2007, No. 703, § 16.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 1 - GENERAL PROVISIONS (§§ 17-1-101 — 17-1-110) › Section 17-1-106 - [Repealed]

Repealed by Act 2021, No. 135,§ 1, eff. 2/23/2021.
Amended by Act 2019, No. 820,§ 2, eff. 7/24/2019.
Amended by Act 2017, No. 248,§ 1, eff. 8/1/2017.
Amended by Act 2015, No. 848,§ 1, eff. 3/31/2015.
Added by Act 2013, No. 8,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 1 - GENERAL PROVISIONS (§§ 17-1-101 — 17-1-110) › Section 17-1-109 - Workforce Freedom Act of 2021

(a)
This section shall be known and may be cited as the "Workforce Freedom Act of 2021".
(b)
Unless specifically authorized by the General Assembly, cities, counties, or other political subdivisions of the state shall not enact a requirement for licensing, certification, or registration for any profession or occupation in a manner that duplicates a requirement for licensing, certification, or registration that is already enacted by the state.
Added by Act 2021, No. 567,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 1 - GENERAL PROVISIONS (§§ 17-1-101 — 17-1-110) › Section 17-1-110 - Licensing of certain individuals - Definitions

(a)
As used in this section:
(1)
"Occupational or professional license" means a license, certificate, registration, permit, or other form of authorization required by law or rule for an individual to engage in a particular occupation or profession; and
(2)
"Occupational or professional licensing entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession.
(b)
An occupational or professional licensing entity shall grant an occupational or professional license under this section to an individual who fulfills the requirements to practice an occupation or profession in this state and is a person who holds a Federal Form I-766 United States Citizenship and Immigration Services-issued Employment Authorization Document, known popularly as a "work permit".
(c)
This section is a state law within the meaning of subsection (d) of
8 U.S.C. § 1621
, as existing on January 1, 2021.
Added by Act 2021, No. 746,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 2 - KEEP ARKANSANS WORKING ACT OF 2019 (§§ 17-2-101 — 17-2-105) › Section 17-2-101 - Title

This chapter shall be known and may be cited as the "Keep Arkansans Working Act of 2019".
Added by Act 2019, No. 250,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 2 - KEEP ARKANSANS WORKING ACT OF 2019 (§§ 17-2-101 — 17-2-105) › Section 17-2-102 - Purpose

It is the purpose of this chapter to ensure that hard-working Arkansans maintain occupational licenses while trying to maintain debt-free lives and trying not to be impoverished.
Added by Act 2019, No. 250,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 2 - KEEP ARKANSANS WORKING ACT OF 2019 (§§ 17-2-101 — 17-2-105) › Section 17-2-103 - Definitions

As used in this chapter:
(1)
"Default" means the failure to:
(A)
Repay a student loan according to the terms agreed upon in a promissory note; or
(B)
Satisfy the requirements and conditions of a work-conditional scholarship for repayment;
(2)
"Delinquent" means the failure to:
(A)
Make a student loan payment when the payment is due; or
(B)
Satisfy the requirements and conditions of a work-conditional scholarship for repayment;
(3)
"License" means a license, certificate, registration, permit, or other form of authorization required by law or rule that is required for an individual to engage in a particular occupation or profession;
(4)
"Scholarship" means an award of financial aid to a student for education at a public or private institution of higher education;
(5)
"State authority" means an office, board, commission, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession; and
(6)
"Student loan" means a loan guaranteed by the United States Government or state government for purposes of education at a public or private institution of higher education.
Added by Act 2019, No. 250,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 2 - KEEP ARKANSANS WORKING ACT OF 2019 (§§ 17-2-101 — 17-2-105) › Section 17-2-104 - Student loans

Except as provided for rural medical practice student loans and scholarships under §
6-81-701
et seq., a state authority shall not suspend or revoke a license that has been issued to an individual solely on the basis of that individual's being:
(1)
In default on the repayment obligations required by one (1) or more student loans; or
(2)
Delinquent in the payment of one (1) or more student loans.
Added by Act 2019, No. 250,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 2 - KEEP ARKANSANS WORKING ACT OF 2019 (§§ 17-2-101 — 17-2-105) › Section 17-2-105 - Scholarships

Except as provided for rural medical practice student loans and scholarships under §
6-81-701
et seq., a state authority shall not suspend or revoke a license that has been issued to an individual solely on the basis of that individual's being:
(1)
In default on the satisfaction of the requirements and conditions of a scholarship; or
(2)
Delinquent in the satisfaction of the requirements and conditions of a scholarship.
Added by Act 2019, No. 250,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 3 - OCCUPATIONAL CRIMINAL BACKGROUND CHECKS (§§ 17-3-101 — 17-3-104) › Section 17-3-101 - Definitions

As used in this chapter:
(1)
"Criminal record" means any type of felony or misdemeanor conviction;
(2)
"License" means a license, certificate, registration, permit, or other form of authorization required by law or rule that is required for an individual to engage in a particular occupation or profession; and
(3)
"Licensing entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession.
Added by Act 2019, No. 990,§ 2, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 3 - OCCUPATIONAL CRIMINAL BACKGROUND CHECKS (§§ 17-3-101 — 17-3-104) › Section 17-3-103 - Prelicensure criminal background checks

(a)
(1)
An individual with a criminal record may petition a licensing entity at any time for a determination of whether the criminal record of the individual will disqualify the individual from licensure and whether or not he or she could obtain a waiver under §
17-3-102(b)
.
(2)
The petition shall include details on the criminal record of the individual.
(b)
(1)
A licensing entity may require that the applicant undergo a state and federal criminal background check as required by the licensing entity for all applicants for a license.
(2)
The petitioner under subsection (a) of this section shall be responsible for payment for the state and federal criminal background check.
Added by Act 2019, No. 990,§ 2, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 3 - OCCUPATIONAL CRIMINAL BACKGROUND CHECKS (§§ 17-3-101 — 17-3-104) › Section 17-3-104 - Rules

(a)
A licensing entity shall adopt or amend rules necessary for the implementation of this chapter.
(b)
(1)
When adopting or amending rules to implement this chapter, the final rule shall be filed with the Secretary of State for adoption under §
25-15-204(f)
:
(A)
On or before January 1, 2020; or
(B)
If approval under §
10-3-309
has not occurred by January 1, 2020, as soon as practicable after approval under §
10-3-309
.
(2)
A licensing entity shall file the proposed rule with the Legislative Council under §
10-3-309(c)
sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.
Added by Act 2019, No. 990,§ 2, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 4 - ARKANSAS OCCUPATIONAL LICENSING OF UNIFORMED SERVICE MEMBERS, VETERANS, AND SPOUSES ACT OF 2021 (§§ 17-4-101 — 17-4-110) › Section 17-4-101 - Title

This chapter shall be known and may be cited as the "Arkansas Occupational Licensing of Uniformed Service Members, Veterans, and Spouses Act of 2021".
Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 4 - ARKANSAS OCCUPATIONAL LICENSING OF UNIFORMED SERVICE MEMBERS, VETERANS, AND SPOUSES ACT OF 2021 (§§ 17-4-101 — 17-4-110) › Section 17-4-102 - Legislative findings and intent

(a)
The General Assembly finds that:
(1)
Arkansas sets the bar as a national leader in addressing employment barriers faced by uniformed service members, uniformed service veterans, and their spouses in attaining occupational licensure;
(2)
Arkansas is one (1) of only four (4) states to successfully address eight (8) or more of the ten (10) issues affecting uniformed service families identified by the United States Department of Defense;
(3)
Of the United States Department of Defense's ten (10) issues in fiscal year 2020, four (4) of the issues concern occupational licensure of spouses of uniformed service members;
(4)
Annually, fourteen and five-tenths percent (14.5%) of spouses of uniformed service members move across state lines as opposed to one and one-tenth percent (1.1%) of civilians;
(5)
States can continue to improve the attainment of occupational licensure and to eliminate barriers impeding employment of spouses of uniformed service members following a move across state lines;
(6)
Acts 2019, No. 820, established provisions for the granting of automatic occupational licensure or expedited occupational licensure to active-duty service members, recently separated veterans, and their spouses who hold occupational licensure in good standing in another jurisdiction; and
(7)
Additional steps need to be taken to clarify, simplify, and elevate the occupational licensure process for uniformed service members, uniformed service veterans, and their spouses.
(b)
It is the intent of the General Assembly to address occupational licensure barriers that impede the launch and sustainability of civilian occupational careers and employment faced by uniformed service members, uniformed service veterans, and their spouses due to frequent uniformed service assignment by:
(1)
Providing:
(A)
Automatic occupational licensure or expedited occupational licensure to current license holders to expedite their entry into the workforce of this state;
(B)
Temporary or provisional licensure to initial licensure candidates while expediting full licensure;
(C)
Legislative oversight of rulemaking by occupational licensing entities to ensure removal of occupational licensure barriers faced by uniformed service members, uniformed service veterans, and their spouses; and
(D)
Guidance to assure effective rulemaking and clear license application instructions to uniformed service members, uniformed service veterans, and their spouses;
(2)
Recognizing uniformed service education, training, experience, and credentials of uniformed service members and uniformed service veterans applying for initial occupational licensure; and
(3)
Extending licensure expiration and any continuing education required for occupational licensure renewal when a uniformed service member is deployed.
Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 4 - ARKANSAS OCCUPATIONAL LICENSING OF UNIFORMED SERVICE MEMBERS, VETERANS, AND SPOUSES ACT OF 2021 (§§ 17-4-101 — 17-4-110) › Section 17-4-103 - Definitions

As used in this chapter:
(1)
"Automatic occupational licensure" means the granting of occupational licensure without an individual's having met occupational licensure requirements provided under this title or by the rules of the relevant occupational licensing entity;
(2)
"Occupational licensing entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession, not including occupations or professions within the judicial branch of government or occupations or professions subject to the superintending control of the Supreme Court;
(3)
"Occupational licensure" means a license, certificate, registration, permit, or other form of authorization required by law or rule that is required for an individual to engage in a particular occupation or profession;
(4)
"Uniformed service member" means:
(A)
An active or reserve component member of the United States Air Force, United States Army, United States Coast Guard, United States Marine Corps, United States Navy, United States Space Force, or National Guard;
(B)
An active component member of the National Oceanic and Atmospheric Administration Commissioned Officer Corps; or
(C)
An active or reserve component member of the United States Commissioned Corps of the Public Health Service; and
(5)
"Uniformed service veteran" means a former member of the United States uniformed services discharged under conditions other than dishonorable.
Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 4 - ARKANSAS OCCUPATIONAL LICENSING OF UNIFORMED SERVICE MEMBERS, VETERANS, AND SPOUSES ACT OF 2021 (§§ 17-4-101 — 17-4-110) › Section 17-4-104 - Applicability

Unless otherwise stated in this chapter, this chapter applies to:
(1)
A uniformed service member stationed in the State of Arkansas;
(2)
A uniformed service veteran who resides in or establishes residency in the State of Arkansas; and
(3)
The spouse of:
(A)
A person listed in subdivision (1) or subdivision (2) of this section;
(B)
A uniformed service member who is assigned a tour of duty that excludes the uniformed service member's spouse from accompanying the uniformed service member and the spouse relocates to this state; and
(C)
A uniformed service member who is killed or succumbs to his or her injuries or illness in the line of duty if the spouse establishes residency in the state.
Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 4 - ARKANSAS OCCUPATIONAL LICENSING OF UNIFORMED SERVICE MEMBERS, VETERANS, AND SPOUSES ACT OF 2021 (§§ 17-4-101 — 17-4-110) › Section 17-4-105 - Automatic occupational licensure

An occupational licensing entity shall grant automatic occupational licensure to engage in an occupation or profession to an individual who is:
(1)
Listed in §
17-4-104
; and
(2)
The holder in good standing of occupational licensure with similar scope of practice issued by another state, territory, or district of the United States.
Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 4 - ARKANSAS OCCUPATIONAL LICENSING OF UNIFORMED SERVICE MEMBERS, VETERANS, AND SPOUSES ACT OF 2021 (§§ 17-4-101 — 17-4-110) › Section 17-4-106 - Expedited occupational licensure

(a)
(1)
An occupational licensing entity may submit proposed rules recommending an expedited process for the attainment of occupational licensure instead of automatic occupational licensure as provided under §
17-4-105
to the Administrative Rules Subcommittee of the Legislative Council.
(2)
The proposed rules described in subdivision (a)(1) of this section shall include temporary or provisional occupational licensure provisions with a term of ninety (90) days or more.
(3)
The occupational licensing entity shall provide automatic occupational licensure if the proposed expedited occupational licensure rules are not approved as required by §
17-4-109
.
(b)
(1)
An occupational licensing entity shall expedite the process for initial occupational licensure for an individual who is listed in §
17-4-104
.
(2)
An occupational licensing entity shall provide the applicant under subdivision (b)(1) of this section with a temporary or provisional license upon receipt of required documentation or the successful completion of any examination required by the relevant occupational licensing entity to enable the applicant to secure employment in his or her occupation or profession.
Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 4 - ARKANSAS OCCUPATIONAL LICENSING OF UNIFORMED SERVICE MEMBERS, VETERANS, AND SPOUSES ACT OF 2021 (§§ 17-4-101 — 17-4-110) › Section 17-4-107 - Acceptance of uniformed service education, training, national certification, or service-issued credential

An occupational licensing entity shall accept relevant and applicable uniformed service education, training, national certification, or service-issued credential toward occupational licensure qualifications or requirements when considering an application for initial licensure of an individual listed in §
17-4-104
.
Amended by Act 2023, No. 137,§ 2, eff. 8/1/2023.
Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 4 - ARKANSAS OCCUPATIONAL LICENSING OF UNIFORMED SERVICE MEMBERS, VETERANS, AND SPOUSES ACT OF 2021 (§§ 17-4-101 — 17-4-110) › Section 17-4-108 - Extension of license expiration and continuing education requirements

(a)
An occupational licensing entity shall extend the expiration date of an occupational licensure for a deployed uniformed service member or his or her spouse for one hundred eighty (180) days following the date of the uniformed service member's return from deployment.
(b)
(1)
An occupational licensing entity shall allow a full or partial exemption from a continuing education requirement that is required as a component of occupational licensure for an individual who is listed in subsection (a) of this section until one hundred eighty (180) days following the date of the uniformed service member's return from deployment.
(2)
An occupational licensing entity that allows full or partial exemption from continuing education requirements may require evidence of completion of continuing education before granting a subsequent occupational licensure or authorizing the renewal of an occupational licensure.
Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 4 - ARKANSAS OCCUPATIONAL LICENSING OF UNIFORMED SERVICE MEMBERS, VETERANS, AND SPOUSES ACT OF 2021 (§§ 17-4-101 — 17-4-110) › Section 17-4-109 - Legislative oversight of rules

(a)
The Administrative Rules Subcommittee of the Legislative Council shall:
(1)
Review the proposed rules of an occupational licensing entity as submitted for public comment at least thirty (30) days before the public comment period ends under the Arkansas Administrative Procedure Act, §
25-15-201
et seq.; and
(2)
Approve the proposed rules submitted under §
17-4-106
based on:
(A)
A determination of whether the expedited process provides the least restrictive means of attaining occupational licensure; and
(B)
Any other criteria the Administrative Rules Subcommittee of the Legislative Council determines necessary to achieve the objectives of this section.
(b)
The Administrative Rules Subcommittee of the Legislative Council may:
(1)
Establish a further subcommittee to assist in the duties assigned to the Administrative Rules Subcommittee of the Legislative Council under this section;
(2)
Assign information filed with the Administrative Rules Subcommittee of the Legislative Council under this section to one (1) or more subcommittees of the Legislative Council, including without limitation a subcommittee created under subdivision (b)(1) of this section; or
(3)
Delegate the duties of the Administrative Rules Subcommittee of the Legislative Council under this section to one (1) or more subcommittees of the Legislative Council, which shall be subject to the final review and approval of the Administrative Rules Subcommittee of the Legislative Council.
Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 4 - ARKANSAS OCCUPATIONAL LICENSING OF UNIFORMED SERVICE MEMBERS, VETERANS, AND SPOUSES ACT OF 2021 (§§ 17-4-101 — 17-4-110) › Section 17-4-110 - Responsibilities of occupational licensing entities

An occupational licensing entity shall:
(1)
Submit proposed rules authorized under §
17-4-106
to the Administrative Rules Subcommittee of the Legislative Council for review and approval before the proposed rules are promulgated under the Arkansas Administrative Procedure Act, §
25-15-201
et seq.;
(2)
If the proposed rules are not approved as required under §
17-4-109
, provide automatic occupational licensure to an individual listed in §
17-4-104
;
(3)
Post prominently on the occupational licensing entity's website a link entitled "Military Member Licensure" that directly leads to information applicable to an individual listed in §
17-4-104
; and
(4)
Provide to the House Committee on Aging, Children and Youth, Legislative and Military Affairs an annual report stating the number of individuals granted automatic occupational licensure and expedited occupational licensure under this chapter.
Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 5 - WORKFORCE EXPANSION ACT OF 2021 (§§ 17-5-101 — 17-5-105) › Section 17-5-101 - Title

This chapter shall be known and may be cited as the "Workforce Expansion Act of 2021".
Added by Act 2021, No. 725,§ 2, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 5 - WORKFORCE EXPANSION ACT OF 2021 (§§ 17-5-101 — 17-5-105) › Section 17-5-102 - Legislative findings - Purpose

(a)
The General Assembly finds that:
(1)
Entrepreneurs and workers must pay various fees in order to work in a government-regulated profession or occupation or to start a small business in Arkansas;
(2)
Families trying to break the cycle of government dependency should not have to pay the state to earn a living; and
(3)
Arkansas should waive initial fees associated with occupational and professional regulations and the formation of a business for low-income individuals.
(b)
It is the purpose of this chapter to increase access to professional and occupational licenses that would otherwise be cost prohibitive for certain individuals.
Added by Act 2021, No. 725,§ 2, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 5 - WORKFORCE EXPANSION ACT OF 2021 (§§ 17-5-101 — 17-5-105) › Section 17-5-103 - Definitions

As used in this chapter:
(1)
"License" means a license, certificate, registration, permit, or other form of authorization required by law or rule that is required for an individual to engage in a particular occupation or profession; and
(2)
(A)
"Licensing entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession.
(B)
"Licensing entity" does not include a political subdivision of the state or any other local or regional governmental entity, including without limitation a city of the first class, a city of the second class, an incorporated town, or a county.
Added by Act 2021, No. 725,§ 2, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 5 - WORKFORCE EXPANSION ACT OF 2021 (§§ 17-5-101 — 17-5-105) › Section 17-5-104 - Fee waiver

(a)
Notwithstanding any law to the contrary, a licensing entity shall not require an initial fee for individuals who are seeking to receive a license in this state if the applicant:
(1)
Is receiving assistance through the Arkansas Medicaid Program, the Supplemental Nutrition Assistance Program, the Special Supplemental Nutrition Program for Women, Infants, and Children, the Temporary Assistance for Needy Families Program, or the Lifeline Assistance Program;
(2)
Was approved for unemployment within the last twelve (12) months; or
(3)
Has an income that does not exceed two hundred percent (200%) of the federal poverty income guidelines.
(b)
The waiver of the initial fee does not include fees for:
(1)
A criminal background check;
(2)
An examination or a test; or
(3)
A medical or drug test.
(c)
The Department of Human Services and the Division of Workforce Services shall collaborate with a licensing entity concerning verification of eligibility for public benefits for applicants, which may include obtaining a signed consent form from the applicant.
Added by Act 2021, No. 725,§ 2, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 5 - WORKFORCE EXPANSION ACT OF 2021 (§§ 17-5-101 — 17-5-105) › Section 17-5-105 - Licensing entity duties

A licensing entity shall:
(1)
Publish notice of the fee waiver on:
(A)
The website maintained by the licensing entity; and
(B)
Any relevant forms that an applicant is required to complete; and
(2)
Promulgate any necessary rules to implement this chapter.
Added by Act 2021, No. 725,§ 2, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 6 - EARN AND LEARN ACT (§§ 17-6-101 — 17-6-105) › Section 17-6-101 - Title

This chapter shall be known and may be cited as the "Earn and Learn Act".
Added by Act 2021, No. 811,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 6 - EARN AND LEARN ACT (§§ 17-6-101 — 17-6-105) › Section 17-6-102 - Legislative findings - Purpose

(a)
The General Assembly finds that:
(1)
Apprenticeships prioritize on-the-job training and provide workers the opportunity to earn a paycheck while working towards industry-recognized credentials;
(2)
Apprenticeships allow employers to build a skilled workforce according to industry standards; and
(3)
Occupational licensing prevents the citizens of this state from taking full advantage of apprenticeships because many apprenticeship-friendly jobs require a license to legally work in this state.
(b)
It is the purpose of this chapter to allow individuals to work and earn a paycheck while also fulfilling licensing requirements and gaining the skills to fill the needs of an expanding workforce.
Added by Act 2021, No. 811,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 6 - EARN AND LEARN ACT (§§ 17-6-101 — 17-6-105) › Section 17-6-103 - Definitions

As used in this chapter:
(1)
"Apprenticeship" means a program that meets the federal guidelines set out in 29 C.F.R. Part 29, as existing on March 1, 2021, and existing programs currently implementing work requirements as approved by the United States Office of Apprenticeship as meeting the requirements of an apprenticeship;
(2)
"License" means a license, certificate, registration, permit, or other form of authorization required by law or rule that is required for an individual to engage in a particular occupation or profession; and
(3)
"Licensing entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession.
Added by Act 2021, No. 811,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 1 - PROFESSIONS GENERALLY (§§ 17-1-101 — 17-7-106) › Chapter 6 - EARN AND LEARN ACT (§§ 17-6-101 — 17-6-105) › Section 17-6-104 - Treatment of apprenticeships regarding licenses

(a)
A licensing entity shall grant a license to an applicant who:
(1)
Completes an apprenticeship in the licensed occupation or profession;
(2)
Passes an examination, if deemed to be necessary by the licensing entity;
(3)
Pays any fees deemed necessary by the licensing entity;
(4)
Does not have a disqualifying criminal record as determined by the licensing entity under state law; and
(5)
Completes all other requirements for licensure unrelated to training and education.
(b)
If a licensing entity denies a license to an applicant under this chapter, the licensing entity shall:
(1)
Provide the applicant with a denial in writing; and
(2)
Explain the reason for the denial in the written decision, such as whether the licensing entity determined that the applicant's apprenticeship program does not correspond to the profession or occupation or level of license for which the applicant applied.
(c)
(1)
A licensing entity shall establish a passing score for examinations that does not exceed the passing score required under the standard licensing processes.
(2)
If the licensing entity does not require an examination for the standard licensing process for a profession or occupation, an applicant who completes an apprenticeship for the profession or occupation is not required to pass an examination.
(d)
(1)
A licensing entity shall establish a licensing fee that does not exceed the licensing fee required under the standard licensing processes.
(2)
If the licensing entity does not require a fee for the standard licensing process for a profession or occupation, an applicant who completes an apprenticeship in the profession or occupation is not required to pay a fee.
(e)
Except as otherwise required by federal law, an apprenticeship for a profession or occupation is not required to exceed the number of hours required by the licensing entity for the profession or occupation.
Added by Act 2021, No. 811,§ 1, eff. 1/1/2022.