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 38 - PLUMBERS (§§ 17-38-101 — 17-38-409) › Subchapter 3 - LICENSING (§§ 17-38-301 — 17-38-311) › Section 17-38-304 - Master plumber or journeyman plumber - Application

(a)
Application for a master plumber or journeyman plumber examination, temporary permit, or license shall be made to the Department of Health with fees.
(b)
No license or permit shall be transferable.
(c)
Unless the applicant is entitled to a renewal of license, a license shall be issued only after the applicant passes a satisfactory examination showing fitness.
(d)
(1)
An applicant for the master plumber examination shall have a minimum of five (5) years of plumbing experience.
(2)
An applicant for the journeyman plumber examination shall have a minimum of four (4) years of plumbing experience.
(e)
The Committee of Plumbing Examiners shall approve an applicant for master plumber or journeyman plumber examination provided that the applicant is currently licensed as a master plumber or journeyman plumber in another state or political subdivision of that state whose plumbing laws and codes are similar to those of this state.
(f)
The committee may approve an applicant for examination who is not currently licensed in another state or its political subdivision or who has no plumber licensing background, provided the applicant shows proof of experience as a plumber in accordance with subsection (d) of this section. The proof of experience may be in the form of records, affidavits, or bona fide evidence from licensing agencies, former employers, or persons who can attest to the applicant's work background as a plumber.
(g)
The committee may consider applicants for the master plumber examination who are registered professional engineers with special expertise in plumbing engineering.
(h)
An individual applying for and obtaining a license as a journeyman plumber shall be eligible for the master plumber examination after being licensed as a journeyman plumber for one (1) year. In cases of extreme hardship, the committee may waive the one-year requirement in whole or in part.
(i)
The committee shall consider an apprentice plumber for the journeyman plumber examination, provided the apprentice plumber has successfully completed the training as defined under the plumber apprenticeship rules.
Amended by Act 2019, No. 315,§ 1452, eff. 7/24/2019.
Acts 1951, No. 200, § 7; 1975, No. 902, § 7; A.S.A. 1947, § 71-1211; Acts 1987, No. 816, § 7; 1991, No. 330, § 3; 2001, No. 1293, § 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 38 - PLUMBERS (§§ 17-38-101 — 17-38-409) › Subchapter 3 - LICENSING (§§ 17-38-301 — 17-38-311) › Section 17-38-305 - Fees

By rule and after public hearings, the State Board of Health may set reasonable license or examination fees for all licenses called for under this chapter, including, but not limited to, master plumber licenses, journeyman plumber licenses, apprentice plumber registration, gas utility licenses, and restricted plumber licenses.
Amended by Act 2019, No. 315,§ 1453, eff. 7/24/2019.
Acts 1951, No. 200, § 8; 1963, No. 555, § 1; 1975, No. 902, § 8; A.S.A. 1947, § 71-1212; Acts 1987, No. 816, § 8.
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 38 - PLUMBERS (§§ 17-38-101 — 17-38-409) › Subchapter 3 - LICENSING (§§ 17-38-301 — 17-38-311) › Section 17-38-306 - Examinations

Regular examinations shall be held at least two (2) times a year, and special examinations may be held at such time and place as may be fixed by the Department of Health.
Acts 1951, No. 200, § 7; 1975, No. 902, § 7; A.S.A. 1947, § 71-1211; Acts 1987, No. 816, § 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 38 - PLUMBERS (§§ 17-38-101 — 17-38-409) › Subchapter 3 - LICENSING (§§ 17-38-301 — 17-38-311) › Section 17-38-307 - Notice of address change

Every holder of a license shall promptly notify the State Board of Health of any change of his or her business address.
Acts 1951, No. 200, § 10; A.S.A. 1947, § 71-1214.
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 38 - PLUMBERS (§§ 17-38-101 — 17-38-409) › Subchapter 3 - LICENSING (§§ 17-38-301 — 17-38-311) › Section 17-38-308 - Expiration and renewal

(a)
All licenses shall be renewed annually within thirty (30) days after the expiration date of the license. The Department of Health may renew a license after the thirty-day period if there is sufficient reason for not renewing the license in the time specified and after payment of penalties as prescribed by rule.
(b)
The department may set a system of staggered expiration dates for all licenses issued by the department.
(c)
The department may issue permits for less than one (1) year. The cost of such permits shall be determined based upon the number of months the permit is valid divided by twelve (12) months multiplied by the amount of the annual permit fee.
Amended by Act 2019, No. 315,§ 1454, eff. 7/24/2019.
Acts 1951, No. 200, § 8; 1963, No. 555, § 1; 1975, No. 902, § 8; A.S.A. 1947, § 71-1212; Acts 1987, No. 816, § 8; 1991, No. 330, § 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 38 - PLUMBERS (§§ 17-38-101 — 17-38-409) › Subchapter 3 - LICENSING (§§ 17-38-301 — 17-38-311) › Section 17-38-309 - Grounds for suspension or revocation

The Committee of Plumbing Examiners, on its own motion, may make investigations and conduct hearings and, on its own motion or upon complaint in writing signed and verified by the complainant and upon not less than ten (10) days' notice to the licensee, may suspend any plumber's license or temporary permit if the committee has reason to believe, and may revoke the license or permit in the manner provided in §
17-38-310
if it finds, that the holder of the license or permit has:
(1)
Made a material misstatement in the application for license or renewal thereof or for temporary permit;
(2)
Demonstrated incompetency to act as a license holder; or
(3)
Willfully violated any provisions of this chapter or any rule or order prescribed by the State Board of Health.
Amended by Act 2019, No. 315,§ 1455, eff. 7/24/2019.
Acts 1951, No. 200, § 9; A.S.A. 1947, § 71-1213; Acts 1987, No. 816, § 9.
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 38 - PLUMBERS (§§ 17-38-101 — 17-38-409) › Subchapter 3 - LICENSING (§§ 17-38-301 — 17-38-311) › Section 17-38-310 - Procedure for suspension or revocation

(a)
Suspensions, revocations, civil penalties, and all other such actions regarding licensure, registration, permitting, certification, or apprenticeship, and all appeals to the State Board of Health taken from such actions shall be conducted in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(b)
Any member of the Committee of Plumbing Examiners of the State Board of Health, a representative designated by the committee, any member of the board, or a representative designated by the board shall have the authority to administer oaths for the taking of testimony.
(c)
One (1) year after the date of revocation, an application may be made for a new license.
Acts 1951, No. 200, § 9; A.S.A. 1947, § 71-1213; Acts 1987, No. 816, § 9; 1995, No. 788, § 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 38 - PLUMBERS (§§ 17-38-101 — 17-38-409) › Subchapter 3 - LICENSING (§§ 17-38-301 — 17-38-311) › Section 17-38-311 - Restricted lifetime master plumber license

(a)
Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a licensed master plumber licensed by the Department of Health for not less than twelve (12) years may apply for a restricted lifetime master plumber license. This license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the department.
(b)
The department shall promulgate rules necessary to carry out the provisions of this section.
Amended by Act 2019, No. 315,§ 1456, eff. 7/24/2019.
Acts 1991, No. 330, § 5.
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 38 - PLUMBERS (§§ 17-38-101 — 17-38-409) › Subchapter 4 - APPRENTICE PLUMBER PROGRAM (§§ 17-38-401 — 17-38-409) › Section 17-38-401 - Definitions

As used in this subchapter:
(1)
"Apprentice plumber" means any person other than a journeyman plumber or master plumber who is engaged in learning and assisting in the installation of plumbing and drainage and enrolled in a state-approved apprentice program;
(2)
"Board" means the Career Education and Workforce Development Board; and
(3)
[Repealed.]
Amended by Act 2019, No. 910,§ 473, eff. 7/1/2019.
Acts 1987, No. 768, § 1; 1991, No. 412, § 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 38 - PLUMBERS (§§ 17-38-101 — 17-38-409) › Subchapter 4 - APPRENTICE PLUMBER PROGRAM (§§ 17-38-401 — 17-38-409) › Section 17-38-402 - Powers of Career Education and Workforce Development Board

The Career Education and Workforce Development Board shall have the following powers:
(1)
To ensure that all persons working as apprentice plumbers are properly registered;
(2)
To adopt rules as to the qualifications, training, and supervision of apprentice plumbers subject to the approval of the Department of Health; and
(3)
To adopt rules establishing the roles and duties of the following organizations or officials in the plumbing apprenticeship program in compliance with the Revised National Guidelines for Apprenticeship Standards for plumber training as approved and registered with the United States Office of Apprenticeship:
(A)
The Office of Skills Development; and
(B)
The State Plumbing Apprenticeship Committee.
(4)
[Repealed.]
Amended by Act 2021, No. 647,§ 15, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 1457, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 475, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 474, eff. 7/1/2019.
Acts 1987, No. 768, § 2; 1991, No. 412, § 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 38 - PLUMBERS (§§ 17-38-101 — 17-38-409) › Subchapter 4 - APPRENTICE PLUMBER PROGRAM (§§ 17-38-401 — 17-38-409) › Section 17-38-403 - State Plumbing Apprenticeship Committee

(a)
The Career Education and Workforce Development Board shall appoint a State Plumbing Apprenticeship Committee consisting of seven (7) voting members as follows:
(1)
Two (2) shall be Arkansas state-licensed journeyman plumbers;
(2)
One (1) shall be a citizen member; and
(3)
Four (4) shall be Arkansas state-licensed master plumbers.
(b)
One (1) of the voting members shall be appointed from each congressional district, and three (3) of the voting members shall be appointed from the state at large.
(c)
The Director of the Office of Skills Development or his or her designee shall serve as a nonvoting advisory member to the State Plumbing Apprenticeship Committee.
(d)
Voting members shall serve four-year terms.
(e)
The members of the State Plumbing Apprenticeship Committee may receive expense reimbursement in accordance with §
25-16-901
et seq.
(f)
The board shall prescribe State Plumbing Apprenticeship Committee members' qualifications and prescribe their duties.
(g)
The board may remove a member for cause.
Amended by Act 2021, No. 647,§ 16, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 476, eff. 7/1/2019.
Acts 1987, No. 768, § 3; 1991, No. 412, § 3; 1997, No. 250, § 145; 2003, No. 1217, § 10.
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 38 - PLUMBERS (§§ 17-38-101 — 17-38-409) › Subchapter 4 - APPRENTICE PLUMBER PROGRAM (§§ 17-38-401 — 17-38-409) › Section 17-38-404 - [Repealed]

Repealed by Act 2021, No. 647,§ 17, eff. 7/28/2021.
Acts 1987, No. 768, § 3; 1991, No. 412, § 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 38 - PLUMBERS (§§ 17-38-101 — 17-38-409) › Subchapter 4 - APPRENTICE PLUMBER PROGRAM (§§ 17-38-401 — 17-38-409) › Section 17-38-405 - [Repealed]

Repealed by Act 2021, No. 647,§ 17, eff. 7/28/2021.
Acts 1987, No. 768, § 3; 1991, No. 412, § 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 38 - PLUMBERS (§§ 17-38-101 — 17-38-409) › Subchapter 4 - APPRENTICE PLUMBER PROGRAM (§§ 17-38-401 — 17-38-409) › Section 17-38-407 - [Repealed]

Repealed by Act 2019, No. 910,§ 477, eff. 7/1/2019.
Acts 1987, No. 768, § 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 38 - PLUMBERS (§§ 17-38-101 — 17-38-409) › Subchapter 4 - APPRENTICE PLUMBER PROGRAM (§§ 17-38-401 — 17-38-409) › Section 17-38-408 - [Repealed]

Repealed by Act 2019, No. 910,§ 478, eff. 7/1/2019.
Acts 1987, No. 768, § 5; 1991, No. 412, § 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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-39-101 — 17-39-110) › Section 17-39-101 - Title

This subchapter and subchapter 2 shall be known and may be cited as the "Polygraph Examiners Licensing Act".
Amended by Act 2013, No. 1216,§ 1, eff. 8/16/2013.
Acts 1967, No. 413, § 1; A.S.A. 1947, § 71-2201.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-39-101 — 17-39-110) › Section 17-39-102 - Definitions

As used in this subchapter and subchapter 2:
(1)
"Intern" means a person who holds a valid intern polygraph examiner license issued by the Director of the Division of Arkansas State Police;
(2)
"Internship" means the study of polygraph examinations and of the administration of polygraph examinations by an intern under the personal supervision and control of a licensed polygraph examiner as authorized by the law or any rule issued by the director;
(3)
"Person" means a natural person, firm, association, copartnership, or corporation; and
(4)
"Polygraph examiner" means a person who uses any device or instrument to test or question individuals for the purpose of verifying the truth of statements.
Amended by Act 2019, No. 910,§ 5929, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 3, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 2, eff. 8/16/2013.
Acts 1967, No. 413, § 2; 1977, No. 910, § 1; A.S.A. 1947, § 71-2202.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-39-101 — 17-39-110) › Section 17-39-103 - Penalties

(a)
A person who violates this subchapter or subchapter 2 or who falsely states or represents that he or she is a properly licensed polygraph examiner or intern, upon conviction is guilty of a Class A misdemeanor.
(b)
It is unlawful for a person to conduct a polygraph examination in the State of Arkansas unless that person holds a valid license as a polygraph examiner or intern that is issued by the Director of the Division of Arkansas State Police.
(c)
For each violation of this subchapter or subchapter 2, the director may deny, suspend, or revoke a license and:
(1)
Fine the licensee an amount not to exceed one thousand dollars ($1,000);
(2)
Reprimand the licensee; or
(3)
Both issue a fine and reprimand the licensee.
Amended by Act 2019, No. 910,§ 5930, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 4, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 3, eff. 8/16/2013.
Acts 1967, No. 413, § 25; A.S.A. 1947, § 71-2224.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-39-101 — 17-39-110) › Section 17-39-104 - Injunction

(a)
If a person violates this subchapter or subchapter 2, the Director of the Division of Arkansas State Police, through the Attorney General, may apply in any circuit court of competent jurisdiction for an order enjoining the violation or for an order enforcing compliance with this subchapter or subchapter 2.
(b)
(1)
Upon the filing of a verified petition in the court, the court, if satisfied by affidavit or otherwise that the person has violated this subchapter or subchapter 2, may issue a temporary injunction, without notice or bond, enjoining the continued violation.
(2)
If it is established that the person has violated this subchapter or subchapter 2, the court may enter a decree perpetually enjoining the violation or enforcing compliance with this subchapter and subchapter 2.
(c)
In case of violation of any order or decree issued under the provisions of this section, the court may try and punish the offender for contempt of court.
(d)
Proceedings under this section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this subchapter and subchapter 2.
Amended by Act 2019, No. 910,§ 5931, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 5, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 4, eff. 8/16/2013.
Acts 1967, No. 413, § 24; A.S.A. 1947, § 71-2223.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-39-101 — 17-39-110) › Section 17-39-105 - Evidence

This subchapter and subchapter 2 shall not be construed as permitting the results of a polygraph examination to be introduced or admitted as evidence in a criminal proceeding.
Amended by Act 2015, No. 393,§ 6, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 5, eff. 8/16/2013.
Acts 1967, No. 413, § 26; A.S.A. 1947, § 71-2225.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-39-101 — 17-39-110) › Section 17-39-106 - Director of the Division of Arkansas State Police - Powers and duties

(a)
The Director of the Division of Arkansas State Police may perform the functions and duties enumerated in this subchapter and subchapter 2 with respect to the licensing of polygraph examiners and interns and perform all other acts incidental and necessary to the proper performance of the functions and duties as prescribed in this subchapter and subchapter 2.
(b)
The director shall issue rules consistent with this subchapter and subchapter 2 for the administration and enforcement of this subchapter and subchapter 2 and shall prescribe and issue forms in connection with these rules.
(c)
The director shall perform duties prescribed by this subchapter and subchapter 2 and shall have no financial, personal, or business interests, contingent or otherwise, in an entity within his or her licensing authority.
(d)
The director or his or her designee is the agent for service of process for all legal process and documents required by law to be served in conjunction with this subchapter and subchapter 2.
Amended by Act 2019, No. 910,§ 5932, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 7, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 6, eff. 8/16/2013.
Acts 1967, No. 413, §§ 4, 5; 1977, No. 910, § 2; A.S.A. 1947, §§ 71-2204, 71-2205.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-39-101 — 17-39-110) › Section 17-39-107 - Disposition of funds

(a)
All fees collected under this subchapter and §
17-39-201
et seq. shall be deposited into the State Treasury to the credit of the Division of Arkansas State Police Fund.
(b)
(1)
All funds received by the Division of Arkansas State Police shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund.
(2)
Money remaining at the end of the fiscal year shall not revert to any other fund but shall carry over to the next fiscal year.
Amended by Act 2021, No. 476,§ 1, eff. 7/28/2021.
Amended by Act 2015, No. 393,§ 8, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 7, eff. 8/16/2013.
Acts 1967, No. 413, § 5; A.S.A. 1947, § 71-2205.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-39-101 — 17-39-110) › Section 17-39-108 - [Repealed]

Repealed by Act 2013, No. 1216,§ 8, eff. 8/16/2013.
Acts 1967, No. 413, § 20; A.S.A. 1947, § 71-2219.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-39-101 — 17-39-110) › Section 17-39-109 - Instrumentation

(a)
Every polygraph examiner or intern shall use an instrument that records visually, permanently, and simultaneously a subject's:
(1)
Cardiovascular pattern;
(2)
Electrodermal activity; and
(3)
Respiratory pattern.
(b)
Patterns of other physiological changes in addition to those described in this section may also be recorded.
Amended by Act 2015, No. 393,§ 9, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 9, eff. 8/16/2013.
Acts 1967, No. 413, § 3; A.S.A. 1947, § 71-2203.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-39-101 — 17-39-110) › Section 17-39-110 - Director of Division of Arkansas State Police - Designee

The Director of the Division of Arkansas State Police may designate a person on his or her staff to administer and carry out the provisions of this subchapter and subchapter 2.
Amended by Act 2019, No. 910,§ 5933, eff. 7/1/2019.
Added by Act 2015, No. 393,§ 10, eff. 9/1/2015.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 2 - LICENSING (§§ 17-39-201 — 17-39-215) › Section 17-39-201 - License required

It is unlawful for a person, including a city, county, or state employee, to administer polygraph examinations or hold himself or herself out as a polygraph examiner or intern without a polygraph examiner license or intern polygraph examiner license approved and issued by the Director of the Division of Arkansas State Police.
Amended by Act 2019, No. 910,§ 5934, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 11, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 10, eff. 8/16/2013.
Acts 1967, No. 413, §§ 6, 17; A.S.A. 1947, §§ 71-2206, 71-2216.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 2 - LICENSING (§§ 17-39-201 — 17-39-215) › Section 17-39-202 - Qualifications

A polygraph examiner license or an intern polygraph examiner license may be issued to an applicant who:
(1)
Is at least twenty-one (21) years of age at the time of application;
(2)
(A)
Has successfully completed a criminal background check and has not been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or a comparable offense in another state or in a military or federal court, for which a pardon has not been granted:
(i)
Felony;
(ii)
Class A misdemeanor;
(iii)
Crime involving violence; or
(iv)
Crime involving moral turpitude.
(B)
For purposes of this subdivision (2), the criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court;
(3)
Holds a baccalaureate degree from a college or university that is accredited by an accrediting agency approved by the United States Secretary of Education or has at least five (5) consecutive years of active law enforcement experience;
(4)
Is a graduate of a polygraph examiners course approved by the Director of the Division of Arkansas State Police and has satisfactorily completed an internship of not less than six (6) months;
(5)
Submits two (2) recent passport-style photographs of the applicant;
(6)
Is not required to register as a sex offender under the Sex Offender Registration Act of 1997, §
12-12-901
et seq.; and
(7)
(A)
(i)
Has furnished evidence of a surety bond or insurance policy to the Director of the Division of Arkansas State Police or proof that the applicant is covered by a business insurance policy.
(ii)
The surety bond or insurance policy shall be in the sum of five thousand dollars ($5,000).
(iii)
The surety bond shall be conditioned that the obligor therein pay to the extent of the face amount of the surety bond or insurance policy all judgments recovered against the licensee by reason of any wrongful or illegal acts committed by him or her in the course of conducting a polygraph examination.
(B)
An applicant who is conducting a polygraph examination solely in the course of his or her employment with a law enforcement agency may submit a letter from the county sheriff, municipal chief of police, or director of a state agency that states that any liability incurred will be covered under that entity's membership in the Fidelity Bond Trust Fund, a risk management pool, or liability coverage, if any, in order to meet the requirement under this subdivision (7).
Amended by Act 2019, No. 910,§ 5935, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 12, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 11, eff. 8/16/2013.
Acts 1967, No. 413, § 7; A.S.A. 1947, § 71-2207; Acts 1993, No. 1219, § 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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 2 - LICENSING (§§ 17-39-201 — 17-39-215) › Section 17-39-203 - Initial polygraph examiner license or intern polygraph examiner license application

(a)
An application for an initial polygraph examiner license or intern polygraph examiner license shall be made to the Director of the Division of Arkansas State Police on forms prescribed by the director and shall be accompanied by the required fee as set out in §
17-39-207
.
(b)
The burden is on the applicant to provide sufficient information to bring himself or herself within the licensing standards and allow the director to determine if the applicant is qualified to hold a license under this subchapter and subchapter 1.
Amended by Act 2019, No. 910,§ 5936, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 13, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 12, eff. 8/16/2013.
Acts 1967, No. 413, § 9; A.S.A. 1947, § 71-2208.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 2 - LICENSING (§§ 17-39-201 — 17-39-215) › Section 17-39-204 - Agent for service for nonresident interns and licensees

(a)
In addition to other application requirements, a polygraph examiner licensee or an intern polygraph examiner licensee who does not maintain a place of business in Arkansas shall file with the Director of the Division of Arkansas State Police an irrevocable consent that:
(1)
Actions against the licensee may be filed in any appropriate court of any county or municipality of this state in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose; and
(2)
Service of process of the action may be obtained on the licensee by leaving two (2) copies of the process with the director.
(b)
The consent shall stipulate and agree that the service of process upon the director shall be taken and held to be valid and binding for all purposes.
(c)
The director shall promptly forward one (1) copy of the process to the licensee at the address shown on the records of the director by certified mail, return receipt requested.
Amended by Act 2019, No. 910,§ 5937, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 14, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 13, eff. 8/16/2013.
Acts 1967, No. 413, § 10; A.S.A. 1947, § 71-2209.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 2 - LICENSING (§§ 17-39-201 — 17-39-215) › Section 17-39-205 - License in another state or territory

An applicant who is a polygraph examiner licensed under the laws of another state or territory of the United States may be issued a two-year license by the Director of the Division of Arkansas State Police upon the production of satisfactory proof that the applicant:
(1)
(A)
Meets the requirements of §§
17-39-202
and
17-39-204
.
(B)
The director may waive the requirements of §
17-39-202(3) and (4)
for the licensing of polygraph examiners from a particular state or territory of the United States when, at the date of the applicant's licensing in that state, the license is substantially equivalent to the requirements now in force in this state;
(2)
Has paid the fee under §
17-39-207(a)(1)
; and
(3)
Had been actively and lawfully engaged in the administration of polygraph examinations under the laws of that state or territory for at least two (2) years before his or her application was submitted for a license under this subchapter and subchapter 1.
Amended by Act 2019, No. 910,§ 5938, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 15, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 14, eff. 8/16/2013.
Acts 1967, No. 413, § 11; A.S.A. 1947, § 71-2210; Acts 1993, No. 1219, § 8.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 2 - LICENSING (§§ 17-39-201 — 17-39-215) › Section 17-39-206 - Intern polygraph examiner license

(a)
(1)
The Director of the Division of Arkansas State Police shall issue an intern polygraph examiner license to an applicant, provided that he or she submits a properly completed application, meets the licensing requirements, and pays the required fee under §
17-39-207
.
(2)
The application shall contain information required by the director.
(b)
A person is qualified to receive an intern polygraph examiner license if he or she:
(1)
Is at least twenty-one (21) years of age at the time of application;
(2)
(A)
Has successfully completed a criminal background check and has not been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or a comparable offense in another state or in a military or federal court, for which a pardon has not been granted:
(i)
Felony;
(ii)
Class A misdemeanor;
(iii)
Crime involving violence; or
(iv)
Crime involving moral turpitude.
(B)
For purposes of this subsection, the criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court;
(3)
Holds a baccalaureate degree from a college or university that is accredited by an accrediting agency approved by the United States Secretary of Education or has at least five (5) consecutive years of active law enforcement experience;
(4)
Is a graduate of a polygraph examiners course approved by the director; and
(5)
Is not required to register as a sex offender under the Sex Offender Registration Act of 1997, §
12-12-901
et seq.
(c)
(1)
An intern polygraph examiner license shall be valid for the term of twelve (12) months from the date of issue.
(2)
The intern polygraph examiner license may be renewed for one (1) six-month period.
(d)
(1)
An intern polygraph examiner license that is not renewed is permanently expired.
(2)
A person whose intern polygraph examiner license expired under subdivision (d)(1) of this section and who subsequently wishes to obtain an intern polygraph examiner license shall make application as required by this section.
Amended by Act 2019, No. 910,§ 5939, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 16, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 15, eff. 8/16/2013.
Acts 1967, No. 413, § 12; A.S.A. 1947, § 71-2211.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 2 - LICENSING (§§ 17-39-201 — 17-39-215) › Section 17-39-207 - Examination - Fees

(a)
The fees to be paid with an application for a license under this subchapter and subchapter 1 are as follows:
(1)
For an initial two-year polygraph examiner license, one hundred twenty dollars ($120);
(2)
For a one-year intern polygraph examiner license, thirty dollars ($30.00);
(3)
For the issuance of a duplicate polygraph examiner license or intern polygraph examiner license, fifteen dollars ($15.00);
(4)
For a polygraph examiner two-year renewal license, fifty dollars ($50.00);
(5)
For the renewal of an intern polygraph examiner license for a period of six (6) months, twenty-five dollars ($25.00);
(6)
For the issuance of an optional wallet-size polygraph examiner licensee photo identification card or intern photo identification card, fifteen dollars ($15.00); and
(7)
For the renewal of a polygraph examiner license that is expired less than six (6) months, a late fee of twenty dollars ($20.00).
(b)
A certified law enforcement officer who is a full-time employee of a law enforcement agency and who is applying for a polygraph examiner license or an intern polygraph examiner license for use solely in connection with his or her employment with the law enforcement agency is exempt from the licensing fee requirement under this section.
(c)
All fees under this section are nonrefundable.
Amended by Act 2015, No. 393,§ 17, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 16, eff. 8/16/2013.
Acts 1967, No. 413, § 13; A.S.A. 1947, § 71-2212.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 2 - LICENSING (§§ 17-39-201 — 17-39-215) › Section 17-39-208 - Display of license and signature

A polygraph examiner license, an intern polygraph examiner license, or the photo identification card issued by the Director of the Division of Arkansas State Police shall be prominently displayed at the place of business of the licensee or worn on his or her person.
Amended by Act 2019, No. 910,§ 5940, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 18, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 17, eff. 8/16/2013.
Acts 1967, No. 413, § 14; A.S.A. 1947, § 71-2213.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 2 - LICENSING (§§ 17-39-201 — 17-39-215) › Section 17-39-209 - Notification of address change

Notice in writing shall be given to the Director of the Division of Arkansas State Police by the polygraph examiner licensee or the intern of any change of principal business location, telephone number, or email address within thirty (30) days of the time he or she changes location, telephone number, or email address.
Amended by Act 2019, No. 910,§ 5941, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 19, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 18, eff. 8/16/2013.
Acts 1967, No. 413, § 15; A.S.A. 1947, § 71-2214.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 2 - LICENSING (§§ 17-39-201 — 17-39-215) › Section 17-39-210 - Expiration and renewal

(a)
Each polygraph examiner license shall be issued for the term of two (2) years and, unless suspended or revoked, may be renewed with documentation prescribed by the Director of the Division of Arkansas State Police.
(b)
(1)
A polygraph examiner whose license has been expired for less than six (6) months may renew the license by making a renewal application and paying the renewal fee of fifty dollars ($50.00) and a late fee of twenty dollars ($20.00) required by §
17-39-207
.
(2)
However, any polygraph examiner license that has been expired for more than six (6) months shall be deemed permanently expired, and the polygraph examiner shall begin the process again as a new applicant.
(3)
The calculation of the late fee or expiration time may be waived for a person who demonstrates that he or she was on active duty with the United States Armed Forces or the National Guard stationed outside of the State of Arkansas at the time of expiration.
(4)
The requirements, as set out by the director, shall be met before renewal, including the submission of proof to the director of continuing polygraph examiner education of at least fourteen (14) hours successfully completed in the most recent two-year period in a training course approved by the director.
Amended by Act 2019, No. 910,§ 5942, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 20, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 19, eff. 8/16/2013.
Acts 1967, No. 413, § 16; A.S.A. 1947, § 71-2215.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 2 - LICENSING (§§ 17-39-201 — 17-39-215) › Section 17-39-211 - Denial, suspension, revocation - Grounds

The Director of the Division of Arkansas State Police may deny, suspend, or revoke a polygraph examiner license or an intern polygraph examiner license on any one (1) or more of the following grounds:
(1)
Failure of a licensee before conducting a polygraph examination to inform a subject to be examined of the nature of the polygraph examination;
(2)
Failure of a licensee before conducting a polygraph examination to inform a subject to be examined that the subject's participation in the polygraph examination is voluntary;
(3)
Failure of a licensee to inform the subject of the polygraph examination of the results of the polygraph examination, if so requested;
(4)
Violation of law or the rules of the director or failure to meet the qualifications for licensure under this subchapter and subchapter 1 by an applicant or a licensee;
(5)
Material misstatement in any application for license under this subchapter and subchapter 1;
(6)
Failure by an applicant or licensee to demonstrate the ability to act as a polygraph examiner or an intern polygraph examiner;
(7)
Allowance by a licensee of another person to use the license or the licensee photo identification card or the intern photo identification card issued under this subchapter and subchapter 1;
(8)
An applicant's or a licensee's knowingly aiding or abetting another person in the violation of this subchapter or subchapter 1 or a rule issued under this subchapter and subchapter 1;
(9)
Failure by an applicant or licensee to provide within a reasonable time information requested by the director that would indicate a violation of this subchapter or subchapter 1 or a rule issued under this subchapter and subchapter 1; or
(10)
Arrest or indictment of an applicant or a licensee for a felony, Class A misdemeanor, crime involving an act of violence, crime involving moral turpitude, including a sealed and expunged offense, or an offense of comparable level if the offense occurred in another state.
Amended by Act 2019, No. 910,§ 5943, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 21, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 20, eff. 8/16/2013.
Acts 1967, No. 413, § 18; A.S.A. 1947, § 71-2217.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 2 - LICENSING (§§ 17-39-201 — 17-39-215) › Section 17-39-212 - Criminal background check

(a)
Each first-time applicant and applicant for license renewal shall be required to apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.
(b)
The state and national criminal background check shall conform to applicable federal standards and shall include the taking of fingerprints.
(c)
The applicant shall sign a release of information to the Director of the Division of Arkansas State Police and shall be responsible for the payment of any fee associated with the state and national criminal background check.
(d)
Upon completion of the state and national criminal background check, all releasable information obtained concerning the applicant shall be forwarded to the director.
(e)
This section does not apply to a certified law enforcement officer who is a full-time employee of a law enforcement agency and who is applying for licensure as a polygraph examiner or intern polygraph examiner for the purpose of the full-time employment with the law enforcement agency.
Amended by Act 2019, No. 910,§ 5945, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5944, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 22, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 22, eff. 8/16/2013.
Acts 1967, No. 413, § 19; A.S.A. 1947, § 71-2218.
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 39 - POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS (§§ 17-39-101 — 17-39-313) › Subchapter 2 - LICENSING (§§ 17-39-201 — 17-39-215) › Section 17-39-213 - Denial, suspension, revocation - Proceedings

(a)
(1)
(A)
When the Director of the Division of Arkansas State Police seeks to deny an application or suspend or revoke a license issued under this subchapter and subchapter 1, the director shall notify the applicant or licensee in person or by certified mail, return receipt requested, at the last address supplied to the director by the applicant or licensee.
(B)
The notice under subdivision (a)(1)(A) of this section shall include notification of the denial, suspension, or revocation, the reasons for the denial, suspension, or revocation, and the applicant's or licensee's right to an administrative hearing for the purpose of determining whether or not the evidence is sufficient to warrant the denial, suspension, or revocation action proposed to be taken by the director.
(2)
Upon receipt by the director of the written request for a hearing from the applicant or the licensee, an opportunity for an administrative hearing shall be afforded as early as is practicable.
(3)
The administrative hearing in a case under this subsection shall be before an administrative hearing officer appointed by the director.
(b)
(1)
The administrative hearing officer shall conduct the administrative hearing, and he or she may administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books, papers, documents, or other relevant evidence.
(2)
The administrative hearing officer shall submit his or her recommendation to the director within sixty (60) days of the hearing.
(c)
(1)
Upon the suspension or revocation of any license, the licensee shall immediately surrender the license or licenses to the director.
(2)
Failure of a licensee to surrender the license or licenses is a violation of this subchapter and subchapter 1, and upon conviction the licensee shall be subject to the penalties set forth in §
17-39-103
.
(d)
(1)
The denial, suspension, or revocation of a license shall be governed by the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(2)
Venue for the appeal to circuit court under this section shall be in Pulaski County, Arkansas.
Amended by Act 2019, No. 910,§ 5946, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 23, eff. 9/1/2015.
Amended by Act 2013, No. 1216,§ 23, eff. 8/16/2013.
Acts 1967, No. 413, §§ 21, 23; A.S.A. 1947, §§ 71-2220, 71-2222.