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 44 - SCRAP METAL DEALERS (§§ 17-44-101 — 17-44-109) › Section 17-44-106 - Penalties

(a)
A person who violates this chapter may be assessed a civil penalty of no more than one thousand dollars ($1,000) per violation.
(b)
Any person who knowingly gives false information with respect to the matters required to be maintained in the records provided for in this chapter is guilty of a Class A misdemeanor.
Amended by Act 2013, No. 1354,§ 8, eff. 8/16/2013.
Acts 2007, No. 749, § 6; 2009, No. 390, § 4; 2011, No. 1193, § 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 44 - SCRAP METAL DEALERS (§§ 17-44-101 — 17-44-109) › Section 17-44-107 - Lifetime ban

(a)
A person who is convicted of theft of scrap metal under §
5-36-123
is forever prohibited from selling scrap metal under this chapter.
(b)
A person violating this section is subject to the civil penalties under §
17-44-106
.
Added by Act 2013, No. 1354,§ 9, eff. 8/16/2013.
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 44 - SCRAP METAL DEALERS (§§ 17-44-101 — 17-44-109) › Section 17-44-108 - License to sell required

(a)
(1)
A license is required for all scrap metal recyclers to be issued by the county sheriff.
(2)
(A)
A license under this section shall cost two hundred fifty dollars ($250) and may be renewed annually for twenty-five dollars ($25.00).
(B)
The fees described in subdivision (a)(2)(A) of this section do not apply to a not-for-profit scrap metal dealer or not-for-profit scrap metal recycler.
(3)
The license fee shall be payable to the county sheriff and shall be used for the county sheriff's general operating expenses.
(b)
Before a license may be issued under this section, a person operating as a scrap metal recycler shall:
(1)
Have a fixed physical location with a full complement of permanent utilities, if applicable, including without limitation:
(A)
Water;
(B)
Sewer;
(C)
Electricity; and
(D)
Gas;
(2)
Show proof of a required national pollution discharge elimination system stormwater permit issued by the Division of Environmental Quality; and
(3)
Have the ability to comply with online reporting as required by this chapter.
(c)
A license under this section may be suspended or revoked by a court having jurisdiction if the prosecuting attorney shows in a civil action that a scrap metal recycler has failed to comply with the requirements of this chapter.
Amended by Act 2019, No. 910,§ 3185, eff. 7/1/2019.
Added by Act 2013, No. 1354,§ 9, eff. 8/16/2013.
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 45 - SEPTIC TANK CLEANERS (§§ 17-45-101 — 17-45-105) › Section 17-45-101 - Penalties

Any person who engages in the business of cleaning septic tanks without having complied with the provisions of this chapter or who fails or refuses to comply with the provisions of this chapter shall be guilty of a misdemeanor. Upon conviction that person shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or imprisoned not more than thirty (30) days, or both.
Acts 1973, No. 71, § 5; A.S.A. 1947, § 71-2505.
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 45 - SEPTIC TANK CLEANERS (§§ 17-45-101 — 17-45-105) › Section 17-45-102 - Rules

The Department of Health shall promulgate rules for the administration of this chapter, including the collection of the fees provided for in §
17-45-103
.
Amended by Act 2019, No. 315,§ 1471, eff. 7/24/2019.
Acts 1973, No. 71, § 4; A.S.A. 1947, § 71-2504.
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 45 - SEPTIC TANK CLEANERS (§§ 17-45-101 — 17-45-105) › Section 17-45-103 - Licensing - Fees - Transfer of unexpended funds

(a)
No person, firm, corporation, partnership, or association shall engage in the business of septic tank cleaning for compensation without first obtaining a license as provided in this section.
(b)
Any person, firm, corporation, partnership, or association desiring to obtain a license for engaging in the business of septic tank cleaning shall make application to the Department of Health and shall prove to the satisfaction of the Secretary of the Department of Health, or his or her representative, that he or she is morally and financially responsible.
(c)
(1)
The license required by this chapter shall be valid for one (1) year from the date of issue and shall bear an identifying number.
(2)
(A)
An annual fee of twenty-five dollars ($25.00) shall be charged for issuance of the license.
(B)
The annual fee under subdivision (c)(2)(A) of this section includes the permit for the first tank pumper vehicle.
(d)
In addition to the annual licensure fee under subdivision (c)(2)(A) of this section, an annual permit fee of twenty-five dollars ($25.00) shall be charged for every additional tank pumper vehicle owned by the person, firm, corporation, partnership, or association in the business of septic tank cleaning which is used in the operation of that business.
(e)
Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department is authorized to transfer all unexpended funds relative to septic tank cleaners' licenses that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.
Amended by Act 2023, No. 99,§ 1, eff. 8/1/2023.
Amended by Act 2019, No. 315,§ 1472, eff. 7/24/2019.
Acts 1973, No. 71, § 1; A.S.A. 1947, § 71-2501; Acts 1987, No. 740, § 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 45 - SEPTIC TANK CLEANERS (§§ 17-45-101 — 17-45-105) › Section 17-45-104 - Customer receipt

Any owner or employee of a business licensed under this chapter, upon performing any work for which the business receives compensation, shall place his or her name and the number of the license issued to the business pursuant to this chapter on the customer's receipt.
Acts 1973, No. 71, § 2; A.S.A. 1947, § 71-2502.
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 45 - SEPTIC TANK CLEANERS (§§ 17-45-101 — 17-45-105) › Section 17-45-105 - Disposition of fees

All fees levied and collected under the provisions of this chapter are declared to be special revenues and shall be deposited into the State Treasury and credited to the general account of the Public Health Fund or any successor fund, fund account, or account.
Amended by Act 2019, No. 386,§ 28, eff. 7/24/2019.
Acts 1973, No. 71, § 3; A.S.A. 1947, § 71-2503.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-47-101 — 17-47-103) › Section 17-47-102 - Penalties

(a)
Each of the following shall be guilty of a misdemeanor and shall, for each offense of which he or she is convicted, be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200):
(1)
Any person who:
(A)
Practices or offers to practice professional soil classifying in this state without being registered in accordance with the provisions of this chapter;
(B)
Attempts to use an expired or revoked or nonexistent certificate of registration;
(C)
Falsely claims that he or she is registered under this chapter;
(D)
Presents or attempts to use the certificate of registration of another;
(E)
Falsely impersonates any other registrant of like or different names;
(F)
Gives false or forged evidence of any kind to the Arkansas Natural Resources Commission or to any member thereof in obtaining or attempting to obtain a certificate of registration; or
(G)
Practices or offers to practice when not qualified;
(2)
Any person, firm, partnership, organization, association, corporation, or other entity using or employing the words "soil classifier" or "professional soil classifer" or any modification or derivative thereof in its name or form of business or activity except as authorized in this chapter; or
(3)
Any person, partnership, corporation, or other entity who violates any of the provisions of this chapter.
(b)
Each violation and each day of any violation shall constitute a separate offense.
Amended by Act 2023, No. 691,§ 96, eff. 7/1/2023.
Acts 1975, No. 460, § 20; A.S.A. 1947, § 71-2720.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-47-101 — 17-47-103) › Section 17-47-103 - Exemptions

This chapter shall not be construed to prevent or affect:
(1)
The practice or offer to practice of soil classifying by a person not a resident or having no established place of business in this state, provided that the person is legally qualified by the provisions of this chapter to practice soil classifying as defined in this chapter in his or her own state which extends similar privileges to persons registered under this chapter and provided that the person shall make application accompanied by the appropriate application fee to the Arkansas Natural Resources Commission in writing before his or her practicing or offering to practice soil classifying. The applicant may be granted a temporary permit for a definite period of time not to exceed one (1) year to do a specific job. However, no right to practice soil classifying shall accrue to the applicant with respect to any other work not set forth in the permit;
(2)
The work of an employee or a subordinate of a person holding a certificate or registration under this chapter or an employee of a person practicing lawfully under subdivision (1) of this section, provided that the work does not include final soil classifying decisions and is done under the direct supervision of, and verified by, a person holding a certificate of registration under this chapter or a person practicing lawfully under subdivision (4) of this section;
(3)
The practice of any other legally recognized profession or trade; or
(4)
The practice of soil classifying by any person regularly employed to perform soil classifying services solely for his or her employer or for a subsidiary or affiliated corporation of his or her employer, when the soil classifying performed is in connection with the property, products, or services of his or her employer.
Amended by Act 2023, No. 691,§ 97, eff. 7/1/2023.
Acts 1975, No. 460, § 19; A.S.A. 1947, § 71-2719.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 2 - ARKANSAS STATE BOARD OF REGISTRATION FOR PROFESSIONAL SOIL CLASSIFIERS (§§ 17-47-201 — 17-47-203) › Section 17-47-201 - [Repealed]

Repealed by Act 2023, No. 691,§ 98, eff. 7/1/2023.
Amended by Act 2015, No. 1100,§ 29, eff. 7/22/2015.
Acts 1975, No. 460, § 1; A.S.A. 1947, § 71-2701; Acts 1997, No. 250, § 151.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 2 - ARKANSAS STATE BOARD OF REGISTRATION FOR PROFESSIONAL SOIL CLASSIFIERS (§§ 17-47-201 — 17-47-203) › Section 17-47-202 - Powers of Arkansas Natural Resources Commission

The Arkansas Natural Resources Commission shall have the power to:
(1)
Administer this chapter;
(2)
Adopt and amend all bylaws and rules of procedure to administer and carry out the provisions of this chapter and for the conduct of its affairs and functions, consistent with this chapter and the Arkansas Constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties and the regulation of its proceedings, meetings, records, examinations, and the conduct thereof;
(3)
Adopt and promulgate a code of ethics which shall be binding upon all persons registered under or subject to this chapter;
(4)
[Repealed.]
(5)
Apply in the name of the state for relief by injunction, without bond, enforce the provisions of this chapter, or restrain any violation thereof. In this proceeding it shall not be necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation thereof. The members of the commission shall not be personally liable under this proceeding; and
(6)
Enter into agreements with the Department of Agriculture to share office, clerical, and secretarial services and to reimburse the department for the cost of the services.
Amended by Act 2023, No. 691,§ 99, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 1473, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 102, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 101, eff. 7/1/2019.
Acts 1975, No. 460, § 3; A.S.A. 1947, § 71-2703.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 2 - ARKANSAS STATE BOARD OF REGISTRATION FOR PROFESSIONAL SOIL CLASSIFIERS (§§ 17-47-201 — 17-47-203) › Section 17-47-203 - Records and reports - Disposition of funds

The Arkansas Natural Resources Commission shall:
(1)
Keep a record of its proceedings and of all applications for registration which shall show the name, age, and last known address of each applicant, his or her education, experience, and other qualifications, type of examination required, whether or not a certificate of registration was granted, whether or not the applicant was rejected, the date of the action of the commission, and other information which may be deemed necessary by the commission. The record of the commission shall be prima facie evidence of the proceeding of the commission. A transcript thereof certified by authorized personnel shall be admissible as evidence with the same force and effect as if the original were produced;
(2)
Annually submit to the Secretary of the Department of Agriculture a report of its transactions of the preceding year and transmit to him or her a complete statement of the receipts and expenditures of the commission; and
(3)
Establish accounts in one (1) or more banks in this state, chosen by the commission, into which all funds collected by the commission under this chapter shall be deposited and from which all expenditures approved by the commission, or by the secretary acting on behalf of the commission, shall be made.
Amended by Act 2023, No. 691,§ 100, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 103, eff. 7/1/2019.
Acts 1975, No. 460, § 4; A.S.A. 1947, § 71-2704.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 3 - REGISTRATION AND CERTIFICATION (§§ 17-47-301 — 17-47-312) › Section 17-47-301 - Registration required

No person shall practice or offer to practice professional soil classifying as defined by this chapter unless the person is registered to practice under or exempt from the provisions of this chapter.
Acts 1975, No. 460, § 18; A.S.A. 1947, § 71-2718.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 3 - REGISTRATION AND CERTIFICATION (§§ 17-47-301 — 17-47-312) › Section 17-47-302 - Eligibility - Application

(a)
To be eligible for registration as a professional soil classifier or certification as a soil classifier-in-training, an applicant shall submit a written application to the Arkansas Natural Resources Commission containing information the commission may require, together with five (5) references, three (3) of which shall be professional soil classifiers having personal knowledge of his or her soil classifying experience or, in the case of an application for certification as a soil classifier-in-training, three (3) character references.
(b)
Application for registration as a professional soil classifier and for certification as a soil classifier-in-training shall:
(1)
Be on a form prescribed and furnished by the commission;
(2)
Contain statements made under oath showing the applicant's education, a detailed summary of his or her experience, and references as required by this chapter; and
(3)
Be accompanied by an application fee established by the commission of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00).
Amended by Act 2023, No. 691,§ 102, eff. 7/1/2023.
Amended by Act 2023, No. 691,§ 101, eff. 7/1/2023.
Amended by Act 2019, No. 990,§ 51, eff. 7/24/2019.
Acts 1975, No. 460, §§ 5, 9; A.S.A. 1947, §§ 71-2705, 71-2709; Acts 1993, No. 1219, § 12.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 3 - REGISTRATION AND CERTIFICATION (§§ 17-47-301 — 17-47-312) › Section 17-47-303 - Examinations

(a)
Examinations shall be held at times and places which the Arkansas Natural Resources Commission shall determine.
(b)
Examinations required on fundamental soil subjects may be taken at any time prescribed by the commission.
(c)
The final examinations may not be taken until the applicant has completed a period of soil classifying experience as provided in this chapter.
(d)
A candidate failing one (1) examination may apply for reexamination which may be granted upon payment of a fee established by the commission of not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).
Amended by Act 2023, No. 691,§ 103, eff. 7/1/2023.
Acts 1975, No. 460, § 11; A.S.A. 1947, § 71-2711.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 3 - REGISTRATION AND CERTIFICATION (§§ 17-47-301 — 17-47-312) › Section 17-47-304 - Professional soil classifiers - Qualifications - Registration

(a)
An applicant otherwise eligible shall be admitted to registration as a professional soil classifier if he or she has successfully passed an examination in the principles and practice of soil classifying as prescribed by the Arkansas Natural Resources Commission and has one (1) of the following additional qualifications:
(1)
Is a graduate of a soils curriculum approved by the commission as satisfactory and with a specific record of an additional one (1) year or more of experience of a grade and character which indicates to the commission that the applicant is competent to practice soil classifying and who holds a valid soil classifier-in-training certificate;
(2)
Is a person who has satisfactorily completed a soil curriculum not approved by the commission and two (2) years or more of experience in soil classifying work of a character and grade which indicates to the commission that the applicant is competent to practice soil classifying; or
(3)
Is a person who holds a valid soil classifier-in-training certificate with a specific record of one (1) year or more of experience as a soil classifier-in-training of a grade and character which indicates to the commission that the applicant is competent to practice soil classifying.
(b)
An applicant otherwise qualified shall be admitted to registration as a professional soil classifier without examination if he or she is a person who holds a certificate of registration in the practice of soil classifying on the basis of comparable qualifications issued to him or her by a proper authority of another state, possession, or territory of the United States and who, in the opinion of the commission, meets the requirements of this chapter.
Amended by Act 2023, No. 691,§ 104, eff. 7/1/2023.
Acts 1975, No. 460, §§ 6, 7; A.S.A. 1947, §§ 71-2706, 71-2707.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 3 - REGISTRATION AND CERTIFICATION (§§ 17-47-301 — 17-47-312) › Section 17-47-305 - Soil classifier-in-training - Qualifications - Certification

Unless otherwise qualified, a person shall be admitted to certification as a soil classifier-in-training. The certification shall be valid for four (4) years, if he or she is a person who:
(1)
Is a graduate of a soils curriculum approved by the Arkansas Natural Resources Commission and has passed an examination in the fundamentals of soil classification; or
(2)
Is an applicant who has completed a soil curriculum not approved by the commission, who has a specific record of one (1) year of soil classification experience of a grade and character satisfactory to the commission, and who passes an examination in the fundamentals of soil classification.
Amended by Act 2023, No. 691,§ 105, eff. 7/1/2023.
Acts 1975, No. 460, § 8; A.S.A. 1947, § 71-2708.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 3 - REGISTRATION AND CERTIFICATION (§§ 17-47-301 — 17-47-312) › Section 17-47-306 - Issuance - Form - Evidence

(a)
The Arkansas Natural Resources Commission shall issue a certificate of registration upon payment of the registration fee as provided for in §
17-47-307
to any applicant who, in the opinion of the commission, has met the requirements of this chapter.
(b)
Enrollment cards shall be issued to those who qualify as soil classifiers-in-training.
(c)
Certificates of registration shall carry the designation "professional soil classifier", shall show the full name of the registrant without any titles, shall be numbered, and shall be signed by the Chair of the Arkansas Natural Resources Commission.
(d)
The issuance of a certificate of registration by the commission shall be prima facie evidence that the person is entitled to all rights and privileges of a professional soil classifier during the term for which the certificate is valid, providing it has not been revoked or suspended.
Amended by Act 2023, No. 691,§ 106, eff. 7/1/2023.
Acts 1975, No. 460, § 12; A.S.A. 1947, § 71-2712.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 3 - REGISTRATION AND CERTIFICATION (§§ 17-47-301 — 17-47-312) › Section 17-47-307 - Registration fees

Registration fees shall be established by the Arkansas Natural Resources Commission subject to the following limitations:
(1)
The registration fee for professional soil classifiers shall be in an amount of not less than twenty dollars ($20.00) nor more than one hundred dollars ($100);
(2)
The registration fee for soil classifier-in-training certification or enrollment shall be established by the commission in an amount not less than ten dollars ($10.00) nor more than fifty dollars ($50.00); and
(3)
Should the commission deny the issuance of a certificate to an applicant, the fee paid may be retained as an application fee.
Amended by Act 2023, No. 691,§ 107, eff. 7/1/2023.
Acts 1975, No. 460, § 10; A.S.A. 1947, § 71-2710.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 3 - REGISTRATION AND CERTIFICATION (§§ 17-47-301 — 17-47-312) › Section 17-47-308 - Expiration and renewal

(a)
Certificates of registration shall expire on June 30 following their issuance and shall become invalid after that date unless renewed.
(b)
(1)
It shall be the duty of the Arkansas Natural Resources Commission to notify every person registered under this chapter of the date of the expiration of the certificate of registration and the amount of the fee required for its renewal.
(2)
Notice shall be mailed to the registrant at his or her last known address at least one (1) month in advance of the expiration of the certificate.
(c)
Renewal may be effected at any time before or during the month of July by the payment of a fee established by the commission not to exceed the fees established for registration.
(d)
Renewal of an expired certificate may be effected under rules promulgated by the commission regarding requirements for reexamination and penalty fees.
Amended by Act 2023, No. 691,§ 109, eff. 7/1/2023.
Amended by Act 2023, No. 691,§ 108, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 104, eff. 7/1/2019.
Acts 1975, No. 460, § 13; A.S.A. 1947, § 71-2713.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 3 - REGISTRATION AND CERTIFICATION (§§ 17-47-301 — 17-47-312) › Section 17-47-309 - Reissuance

A new certificate of registration to replace any certificate lost, destroyed, or mutilated may be issued subject to the rules of the Arkansas Natural Resources Commission. A reasonable charge shall be made for reissuance.
Amended by Act 2023, No. 691,§ 110, eff. 7/1/2023.
Acts 1975, No. 460, § 14; A.S.A. 1947, § 71-2714.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 3 - REGISTRATION AND CERTIFICATION (§§ 17-47-301 — 17-47-312) › Section 17-47-310 - Code of ethics

(a)
The Arkansas Natural Resources Commission shall cause to have prepared and shall adopt a code of ethics, a copy of which shall be delivered to every registrant and applicant for registration under this chapter.
(b)
The delivery shall constitute due notice to all registrants.
(c)
The commission may revise and amend this code of ethics from time to time and shall forthwith notify each registrant in writing of revisions and amendments.
(d)
The code of ethics shall apply to all certificate holders.
Amended by Act 2023, No. 691,§ 112, eff. 7/1/2023.
Amended by Act 2023, No. 691,§ 111, eff. 7/1/2023.
Acts 1975, No. 460, § 15; A.S.A. 1947, § 71-2715.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 3 - REGISTRATION AND CERTIFICATION (§§ 17-47-301 — 17-47-312) › Section 17-47-311 - Disciplinary actions - Grounds

The Arkansas Natural Resources Commission shall have the power to suspend, refuse to renew, or revoke the certificate of registration of, or reprimand, any registrant who is guilty of:
(1)
Fraud or deceit in obtaining a certificate of registration;
(2)
Gross negligence, incompetence, or misconduct in the practice of soil classifying;
(3)
A felony listed under §
17-3-102
; or
(4)
A violation of the code of ethics adopted and promulgated by the commission.
Amended by Act 2023, No. 691,§ 113, eff. 7/1/2023.
Amended by Act 2019, No. 990,§ 52, eff. 7/24/2019.
Acts 1975, No. 460, § 16; A.S.A. 1947, § 71-2716.
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 47 - SOIL CLASSIFIERS (§§ 17-47-101 — 17-47-312) › Subchapter 3 - REGISTRATION AND CERTIFICATION (§§ 17-47-301 — 17-47-312) › Section 17-47-312 - Disciplinary actions - Procedure

(a)
Any person may prefer charges of fraud, deceit, gross negligence, incompetence, misconduct, or violation of the code of ethics against any individual registrant.
(b)
Charges shall be in writing, shall be sworn to by the person or persons making them, and shall be filed with the Arkansas Natural Resources Commission.
(c)
All charges, unless dismissed by the commission as unfounded or trivial, shall be heard by the commission within three (3) months after the date on which they have been preferred.
(d)
The time and place for the hearing shall be fixed by the commission.
(e)
A copy of the charges together with a notice of the time and place of hearing shall be served upon the accused either personally or sent by registered or certified mail to the last known address of the individual registrant at least thirty (30) days before the date fixed for hearing.
(f)
At any hearing, the accused registrant shall have the right to appear in person or by counsel, or both, to cross-examine witnesses appearing against the accused, and to produce evidence and witnesses in defense of the accused.
(g)
If the accused person fails or refuses to appear, the commission may proceed to hear and determine the validity of the charges.
(h)
If after the hearing a majority of the commission votes in favor of sustaining the charges, the commission shall make findings of fact, draw its conclusions, and issue its order therein and serve it upon the accused.
(i)
In the order the commission may reprimand, suspend, refuse to renew, or revoke the accused individual's certificate of registration.
(j)
Any person who feels aggrieved by any action of the commission in denying, suspending, refusing to renew, or revoking his or her certificate of registration may appeal therefrom to the circuit court of the county in which he or she resides or in Pulaski County as the aggrieved party may elect.
Amended by Act 2023, No. 691,§ 115, eff. 7/1/2023.
Amended by Act 2023, No. 691,§ 114, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 105, eff. 7/1/2019.
Acts 1975, No. 460, § 17; A.S.A. 1947, § 71-2717.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 48 - SURVEYORS (§§ 17-48-101 — 17-48-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-48-101 — 17-48-107) › Section 17-48-101 - Definitions

As used in this chapter:
(1)
(A)
"Firm" means a form of business entity that offers professional surveying services of its licensed personnel to the public.
(B)
"Firm" does not include an individual licensee operating under his or her name;
(2)
(A)
"Land surveying" means a service comprising the:
(i)
Determination of the location of land boundaries and land boundary corners; and
(ii)
Preparation of:
(a)
Plats showing the shape and areas of tracts of land and their subdivision into smaller tracts;
(b)
Plats showing the location of streets, roads, and rights-of-way of tracts to give access to smaller tracts; and
(c)
Official plats or maps of land thereof in this state.
(B)
"Land surveying" does not include the measure of acreage of timber, cotton, rice, or other agricultural crops.
(C)
A person practices or offers to practice land surveying if the person:
(i)
Engages in land surveying for others; or
(ii)
By verbal claim, sign, letterhead, card, telephone listing, or in any other way represents himself or herself:
(a)
To be a professional surveyor; or
(b)
As able to perform land surveying in this state;
(3)
"Metadata" means a description of the content, ancestry and source, quantity, database schema, and accuracy of digital map data;
(4)
"Professional surveyor" means a person who by reason of special knowledge of mathematics, surveying principles and methods, and legal requirements that are acquired by educational or practical experience is qualified to engage in the practice of land surveying and surveying measurement certification;
(5)
"Responsible charge" means direct control of, supervision of, and legal responsibility for the surveying work performed; and
(6)
"Surveying measurement certification" means providing the professional service of certification or sealing of maps, documents, digital files, or other data to verify that the maps, documents, digital files, or other data are authoritative professional determinations based on accepted methods and principles of surveying measurement or analysis representing or listing the following types of surveying measurements:
(A)
The configuration or contour of the earth's surface or the position of fixed objects on the earth's surface;
(B)
The position or elevation of a survey boundary, control monument, or reference point; and
(C)
The alignment or elevation of a fixed work embraced within the practice of professional engineering.
Acts 1967, No. 101, § 2; A.S.A. 1947, § 71-2302; Acts 2005, No. 1178, § 7; 2005, No. 1962, § 74; 2009, No. 444, § 5; 2011, No. 898, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 48 - SURVEYORS (§§ 17-48-101 — 17-48-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-48-101 — 17-48-107) › Section 17-48-102 - Penalties - Enforcement

(a)
(1)
Unless a different penalty is specifically provided, a person who violates this chapter shall be guilty of a Class B misdemeanor.
(2)
It is the duty of all duly constituted officers of the state and all of its political subdivisions to enforce this chapter and prosecute any persons violating it.
(b)
(1)
The State Board of Licensure for Professional Engineers and Professional Surveyors may levy a civil penalty against any licensed engineer, professional surveyor, or surveyor intern who:
(A)
Is found guilty of:
(i)
Fraud or deceit in his or her practice or in securing a certificate of licensure; or
(ii)
Gross negligence, incompetence, or misconduct; or
(B)
Fails or refuses to comply with any laws relating to the licensure and practice of engineers, professional surveyors, or surveyor interns or any rules adopted by the board under the authority granted in such laws.
(2)
Any civil penalty levied by the board may be in lieu of or in addition to any other sanction imposed by the board.
(3)
A civil penalty assessed by the board shall not be more than five thousand dollars ($5,000).
(c)
The Attorney General or his or her assistants shall act as legal advisors to the board and render such legal assistance as may be necessary.
(d)
The board may employ counsel to enforce this chapter, the costs to be paid from the funds of the board.
Amended by Act 2019, No. 315,§ 1474, eff. 7/24/2019.
Acts 1967, No. 101, § 12; A.S.A. 1947, § 71-2311; Acts 1987, No. 1070, § 2; 2005, No. 1178, § 8; 2005, No. 1994, § 401; 2009, No. 444, § 5.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 48 - SURVEYORS (§§ 17-48-101 — 17-48-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-48-101 — 17-48-107) › Section 17-48-103 - Regulation

In order to safeguard the life, health, or property of the public, the practice of land surveying in this state is declared to be subject to regulation in the public interest.
Acts 1967, No. 101, § 1; A.S.A. 1947, § 71-2301.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 48 - SURVEYORS (§§ 17-48-101 — 17-48-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-48-101 — 17-48-107) › Section 17-48-104 - Powers of the board

(a)
The State Board of Licensure for Professional Engineers and Professional Surveyors may adopt and amend all bylaws and rules of procedure not inconsistent with the Arkansas Constitution and laws of this state or this chapter that may be reasonably necessary for the proper performance of its duties and the regulations of its proceedings, meetings, records, examinations, and the conduct thereof.
(b)
The board may engage such technical advice and counsel as necessary to review applications, conduct interviews, prepare and give examinations, grade examinations, as required by this chapter, and to pay for such services.
(c)
(1)
In carrying into effect this chapter, the board, under the hand of its president and the seal of the board, may subpoena witnesses and compel their attendance and also may require the submission of books, papers, documents, or other pertinent data in any disciplinary matter or in any case in which a violation of this chapter is alleged.
(2)
Upon failure or refusal to comply with any such order of the board or upon failure to honor its subpoena, as provided in this section, the board may apply to a court of any jurisdiction to enforce compliance with them.
(d)
(1)
In the name of the state, the board may apply for relief by injunction in the established manner provided in cases of civil procedure, without bond, to enforce this chapter or to restrain any violation thereof.
(2)
In such proceedings, it is not necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation thereof.
(3)
The members of the board shall not be personally liable under this procedure.
(e)
The board may establish application fees, certificate fees, renewal fees, license reinstatement fees, examination fees, penalties for late renewals or cancellations, and any other fees it deems necessary within the guidelines of the State of Arkansas.
Amended by Act 2013, No. 589,§ 2, eff. 8/16/2013.
Acts 1967, No. 101, § 8; A.S.A. 1947, § 71-2307; Acts 2009, No. 444, § 6.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 48 - SURVEYORS (§§ 17-48-101 — 17-48-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-48-101 — 17-48-107) › Section 17-48-105 - Seal and signature required

(a)
Each licensed professional surveyor shall:
(1)
Procure a personal seal, in form approved by the State Board of Licensure for Professional Engineers and Professional Surveyors; and
(2)
Affix his or her signature and the seal upon all maps, plats, surveys, or other documents before the delivery thereof to any client or before offering to file a record of any such map, plat, survey, or other document in the office of the recorder of deeds of any county or with any proper public authority.
(b)
A map, plat, survey, or other document within the definition of land surveying that does not have impressed thereon and affixed thereto the personal signature and seal of a licensed professional surveyor by whom the map, plat, survey, or other document was prepared shall not be presented for filing or recording.
Amended by Act 2023, No. 277,§ 4, eff. 8/1/2023.
Acts 1967, No. 101, §§ 10, 11; A.S.A. 1947, §§ 71-2309, 71-2310; Acts 2005, No. 1178, § 9; 2009, No. 444, § 6.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 48 - SURVEYORS (§§ 17-48-101 — 17-48-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-48-101 — 17-48-107) › Section 17-48-106 - Failure to file boundary survey

(a)
(1)
A licensed professional surveyor is not required to file a plat until he or she has been paid for performing the survey.
(2)
A licensed professional surveyor shall file the plat with the Division of Land Surveys of the Arkansas Geographic Information Systems Office within thirty (30) days after payment for performing the survey or the plat is completed, whichever event occurs last.
(b)
The sole purpose of filing the plat shall be to identify the person or persons who made the plat and survey and placed the survey markers and shall not be used to evidence adverse possession or as evidence in boundary disputes.
(c)
The provisions of this chapter shall not apply to surveys hereafter made of subdivided property located in a municipality where property has previously been surveyed and a plat filed.
(d)
Any licensed professional surveyor who shall fail or refuse to file the survey as provided by this chapter shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) or imprisonment for not less than thirty (30) days nor more than six (6) months, or subject to both fine and imprisonment.
Amended by Act 2015EX1, No. 8,§ 149, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 149, eff. 7/1/2015.
Acts 1969, No. 645, §§ 1, 2; A.S.A. 1947, §§ 71-2312, 71-2313; Acts 2001, No. 591, § 3; 2007, No. 1040, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 48 - SURVEYORS (§§ 17-48-101 — 17-48-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-48-101 — 17-48-107) › Section 17-48-107 - Contents of survey

(a)
Every survey of a parcel of real property made after March 30, 1981, shall include a statement of the number of acres or parts of acres included in the parcel surveyed. If the parcel surveyed includes lands situated in more than one quarter-quarter, the approximate number of acres of the parcel lying in each quarter-quarter shall be shown separately.
(b)
The General Assembly recognizes that every county assessor in the state is required by law to account for and list each parcel of real property and every acre within his or her jurisdiction. It is the intent and purpose of this section to assist the various assessors to carry out this responsibility by requiring that every survey of real estate made after March 30, 1981, specify therein the number of acres or parts of acres included in the survey.
Acts 1981, No. 919, §§ 1, 2; A.S.A. 1947, §§ 84-450.1, 84-450.2.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 48 - SURVEYORS (§§ 17-48-101 — 17-48-304) › Subchapter 2 - REGISTRATION (§§ 17-48-201 — 17-48-208) › Section 17-48-202 - Application

(a)
Application for licensure as a professional surveyor or surveyor intern shall be made on forms provided by the State Board of Licensure for Professional Engineers and Professional Surveyors to be signed and sworn to by the applicant.
(b)
The forms shall contain statements made under oath, showing the applicant's education, experience record, references, and any other pertinent information as determined by the board.
Acts 1967, No. 101, § 6; 1977, No. 807, § 3; A.S.A. 1947, § 71-2305; Acts 2005, No. 1178, § 11; 2009, No. 444, § 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 48 - SURVEYORS (§§ 17-48-101 — 17-48-304) › Subchapter 2 - REGISTRATION (§§ 17-48-201 — 17-48-208) › Section 17-48-204 - Expiration and renewal - Inactive status - Reinstatement

(a)
All certificates shall be renewed annually or biennially at the discretion of the State Board of Licensure for Professional Engineers and Professional Surveyors.
(b)
Certificates of licensure for professional surveyors and surveyor interns shall be renewed by the board to persons who are holders of certificates issued under this chapter who have furnished evidence satisfactory to the board of compliance with the requirements of §
17-48-206(b)
.
(c)
(1)
(A)
Notwithstanding subsection (b) of this section, a professional surveyor or surveyor intern licensed under this chapter who is not engaged in the practice of land surveying may request in writing that the board place his or her name on the board's inactive roll, thereby granting him or her inactive status and protecting his or her right to obtain a certificate of licensure under subsection (b) of this section at such later time as he or she may wish to become engaged in the practice of land surveying.
(B)
Inactive status shall continue as long as the licensee pays the annual fee under the board's rules.
(2)
A professional surveyor whose license is inactive may return to active status by:
(A)
Notifying the board in advance of his or her intention to return to active status;
(B)
Paying the appropriate fees; and
(C)
Meeting all requirements of the board, including demonstration of continuing professional competency.
(d)
A professional surveyor or surveyor intern whose certificate of licensure is not renewed may have it reinstated by meeting the requirements of the board, depending on the time of nonrenewal under the rules of the board. The requirements the board may consider are:
(1)
Payment of fees and penalties;
(2)
Demonstration of continuing professional competency; and
(3)
Reexamination.
Acts 1967, No. 101, § 7; 1977, No. 807, § 4; A.S.A. 1947, § 71-2306; Acts 1987, No. 1070, § 1; 1997, No. 1297, § 2; 2001, No. 591, § 4; 2005, No. 1178, § 13; 2009, No. 444, § 7; 2011, No. 898, § 3.