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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 5 - RENEWAL OF LICENSES (§§ 17-42-501 — 17-42-518) › Section 17-42-510 - Education fees

(a)
The Arkansas Real Estate Commission may charge and collect the following fees annually:
(1)
An original license fee for each main school not to exceed five hundred dollars ($500);
(2)
An original license fee for each branch school not to exceed three hundred dollars ($300);
(3)
A renewal fee for each main school not to exceed four hundred dollars ($400);
(4)
A renewal fee for each branch school not to exceed two hundred dollars ($200);
(5)
An administrator license application fee not to exceed two hundred dollars ($200);
(6)
An administrator license renewal fee not to exceed one hundred dollars ($100);
(7)
A principal instructor license application fee not to exceed two hundred fifty dollars ($250);
(8)
A principal instructor license renewal fee not to exceed one hundred fifty dollars ($150);
(9)
An associate instructor license application fee not to exceed two hundred dollars ($200);
(10)
An associate instructor license renewal fee not to exceed one hundred dollars ($100);
(11)
A license amendment fee not to exceed one hundred dollars ($100);
(12)
A license reissuance fee not to exceed fifty dollars ($50.00);
(13)
A course approval fee not to exceed one hundred dollars ($100) for each approved course;
(14)
A course approval renewal fee not to exceed fifty dollars ($50.00) for each approved course;
(15)
A late renewal fee for a license or course approval not to exceed two hundred fifty dollars ($250); and
(16)
For an appeal of the dismissal of a complaint by the Executive Director of the Arkansas Real Estate Commission, a filing fee not to exceed one hundred dollars ($100).
(b)
Except for the fees for course approval and course approval renewal, state agencies and full-time accredited college or university instructors are exempt from the fees in this subchapter.
Amended by Act 2019, No. 386,§ 25, eff. 7/24/2019.
Amended by Act 2015, No. 1156,§ 7, eff. 7/22/2015.
Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.
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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 5 - RENEWAL OF LICENSES (§§ 17-42-501 — 17-42-518) › Section 17-42-511 - License application procedure

(a)
Applications for licensure are submitted on forms provided by the Arkansas Real Estate Commission.
(b)
An applicant for licensure shall pay the fees required under this subchapter.
(c)
An applicant for licensure or course approval shall furnish contact information on forms provided by the commission.
(d)
(1)
An applicant, administrator, or licensee is required to maintain current contact information with the commission.
(2)
Contact information includes physical and mailing addresses, home and business telephone numbers, and home and business email.
Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.
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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 5 - RENEWAL OF LICENSES (§§ 17-42-501 — 17-42-518) › Section 17-42-512 - Term of license

(a)
A license is issued for a term of one (1) year.
(b)
(1)
The Arkansas Real Estate Commission shall issue approval for renewal of a license in the absence of a reason or condition that may warrant the refusal of the renewal on receipt of a renewal request thirty (30) days before the expiration of the license.
(2)
A late fee applies to applications received after the renewal deadline.
(c)
(1)
A licensee who has not applied for renewal or whose renewal application did not meet the requirements for renewal shall be notified by the commission.
(2)
If a license is not renewed by the date of its expiration, an application submitted for renewal of the license is considered a new application for licensure.
Amended by Act 2015, No. 1156,§ 8, eff. 7/22/2015.
Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.
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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 5 - RENEWAL OF LICENSES (§§ 17-42-501 — 17-42-518) › Section 17-42-513 - Approval of courses and course content

(a)
Except for courses exempted in §
17-42-503(b)
, a real estate course that is intended to satisfy the education requirements for a real estate license shall first be approved by the Arkansas Real Estate Commission.
(b)
An application for course approval shall be submitted on the form required by the commission with the required fees.
(c)
Requirements for course approval are determined by the commission.
Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.
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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 5 - RENEWAL OF LICENSES (§§ 17-42-501 — 17-42-518) › Section 17-42-514 - Curricula

(a)
The Arkansas Real Estate Commission may:
(1)
Require not less than six (6) nor more than seven (7) classroom hours of continuing education for licensees;
(2)
Identify subject matter topics for continuing education courses;
(3)
Identify a specific topic of not more than three (3) classroom hours to be included in the annual continuing education requirement;
(4)
Develop and require a specific curriculum for continuing education courses for licensed brokers or their designees; and
(5)
Identify subject matter topics for which licensed schools and instructors may develop courses that fulfill the annual continuing education requirements.
(b)
The commission may develop the curricula for prelicense and postlicense education.
Amended by Act 2017, No. 496,§ 3, eff. 8/1/2017.
Amended by Act 2015, No. 390,§ 2, eff. 7/22/2015.
Added by Act 2013, No. 281,§ 3, 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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 5 - RENEWAL OF LICENSES (§§ 17-42-501 — 17-42-518) › Section 17-42-515 - Violations

An applicant for a real estate educator license or a licensee is subject to disciplinary action under this subchapter if the applicant for a real estate educator license or a licensee pleads guilty or nolo contendere to or is found guilty of any of the following:
(1)
Obtaining a real estate educator license or real estate education course approval by fraud, misrepresentation, or concealment;
(2)
Violating this subchapter, the rules adopted by the Arkansas Real Estate Commission, or an order issued by the commission;
(3)
Committing an act, a felony listed under §
17-3-102
, or a crime involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness regardless of whether the imposition of the sentence has been deferred or suspended;
(4)
Engaging or allowing unlawful discriminatory practices;
(5)
Violating the requirements of the Americans with Disabilities Act of 1990,
42 U.S.C. § 12101
et seq., regarding access to and delivery of real estate education courses;
(6)
Issuing or reporting a false certificate of completion for a real estate education course;
(7)
Teaching a course in a way that instructs licensees to engage in unlawful or noncompliant activities;
(8)
Failing to monitor attendance of students to ensure satisfactory completion of real estate education courses approved by the commission;
(9)
Utilizing an instructor or guest speaker who does not meet the requirements of this subchapter;
(10)
Making a substantial misrepresentation of a material fact to the commission;
(11)
Advertising in a false, misleading, or deceptive way;
(12)
Being unworthy or incompetent to act or operate as a real estate education school or association or a real estate educator; or
(13)
Engaging in other conduct that constitutes improper, fraudulent, or dishonest dealing.
Amended by Act 2019, No. 990,§ 47, eff. 7/24/2019.
Amended by Act 2015, No. 1156,§ 9, eff. 7/22/2015.
Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.
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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 5 - RENEWAL OF LICENSES (§§ 17-42-501 — 17-42-518) › Section 17-42-516 - Investigation of complaint - Penalties

(a)
(1)
The Arkansas Real Estate Commission may on its own motion and shall on the complaint in writing of a person, if the complaint and evidence presented make a prima facie case, investigate the action of a person or entity engaged in the business or acting in the capacity of a real estate school, association, or instructor licensed by the commission.
(2)
A student's inability to pass the real estate exam does not in and of itself make a prima facie case.
(3)
If the complaint fails to state a prima facie case or if the Executive Director of the Arkansas Real Estate Commission determines there is insufficient proof of a violation of this subchapter, the executive director shall dismiss the complaint.
(4)
If the executive director determines that there is sufficient proof of a violation of this subchapter, the person or entity responsible shall be notified of the charges and ordered to appear for a hearing.
(5)
If the person or entity is found to have violated this subchapter, the commission may impose one (1) or more of the following sanctions:
(A)
Suspend, revoke, or deny:
(i)
The license of the person or entity; or
(ii)
A course approval or the renewal of a course approval;
(B)
Impose a penalty not to exceed one thousand dollars ($1,000) for each violation;
(C)
Require completion of appropriate education programs or courses;
(D)
Place conditions or restrictions on the license or course approval held by the person or entity in violation or order the licensed entity or person to reimburse moneys collected from the complainant; or
(E)
Impose other requirements or penalties as may be appropriate to the circumstances of the case that achieve the desired disciplinary purposes without impairing the public welfare and morals.
(b)
The commission shall file suit in the circuit court of the county in which the defendant resides or does business to collect a penalty assessed under this subchapter if the penalty is not paid within the time prescribed by the commission.
(c)
Under certain circumstances, the commission may suspend the imposition of any sanction.
(d)
The license of an instructor, school, or association with outstanding disciplinary fines or student reimbursements is suspended until the moneys owed the commission or amounts ordered to be paid by the commission are paid.
Amended by Act 2015, No. 1156,§ 10, eff. 7/22/2015.
Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.
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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 5 - RENEWAL OF LICENSES (§§ 17-42-501 — 17-42-518) › Section 17-42-517 - Dismissal of complaint - Appeal

(a)
A person whose complaint against a licensed school, administrator, or instructor is dismissed by the Executive Director of the Arkansas Real Estate Commission without a hearing may appeal the dismissal to the Arkansas Real Estate Commission subject to the following:
(1)
The request for appeal is in writing and received by the commission within sixty (60) days following the date of dismissal by the executive director;
(2)
The request for appeal is accompanied by a filing fee as the commission may require under this subchapter; and
(3)
(A)
(i)
The appellant shall pay the cost of preparing the record for the commission's review.
(ii)
The appellant shall pay the costs within thirty (30) days after notification of the amount or the appeal is dismissed.
(B)
If the commission's review results in an order to hold a hearing, the filing fee and the cost of preparing the record are refunded to the appellant.
(C)
A person who is indigent and cannot pay the filing fee or the cost of the record, or both, may file a pauper's oath in a form provided by the commission. If the commission determines that the appellant is indeed indigent, the filing fee or cost of the record may be waived.
(b)
(1)
An appeal perfected under subsection (a) of this section is presented to and decided by the commission on the written record.
(2)
The decision by the commission may be to affirm the dismissal by the executive director, to order additional investigation, or to order a hearing.
Amended by Act 2015, No. 1156,§ 12, eff. 7/22/2015.
Amended by Act 2015, No. 1156,§ 11, eff. 7/22/2015.
Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.
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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 5 - RENEWAL OF LICENSES (§§ 17-42-501 — 17-42-518) › Section 17-42-518 - Hearings

(a)
Proceedings under this subchapter are conducted under the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(b)
Except in the case of a person or entity obtaining a license or course approval by false or fraudulent representation, the Arkansas Real Estate Commission shall not investigate the actions of or conduct a disciplinary hearing regarding a licensed school, administrator, or instructor unless the complaint is filed or the investigation begins within three (3) years from the date of the actions.
Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.
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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 6 - INTEREST ON TRUST ACCOUNTS PROGRAM (§§ 17-42-601 — 17-42-603) › Section 17-42-601 - Establishment of program

(a)
The Arkansas Real Estate Commission is hereby authorized and empowered, subject to the following restrictions and limitations, to establish a program authorizing and permitting the collection of interest on real estate brokers' trust accounts and the disbursement of the interest by the depository institutions involved to an Arkansas nonprofit corporation for use for such tax-exempt purposes as are hereinafter set forth.
(b)
Participation in the program shall be completely voluntary with each broker rather than mandatory.
Acts 1993, No. 690, § 24.
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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 6 - INTEREST ON TRUST ACCOUNTS PROGRAM (§§ 17-42-601 — 17-42-603) › Section 17-42-602 - Notice

(a)
All real estate brokers participating in the interest on real estate brokers' trust accounts program shall post a notice at least four inches by seven inches (4" x 7") stating that they participate in the interest on real estate brokers' trust accounts program.
(b)
The notice shall be displayed prominently and shall contain information concerning the purposes for which the interest accumulating on the account shall be used, and shall state: "If funds belonging to you are deposited in this firm's trust account, any interest earned therefrom will be forwarded by the depository bank to a nonprofit organization which will dispense the funds to provide for economic development, research, education, and such other public service purposes as may be determined by the recipient corporation selected by the Arkansas Real Estate Commission."
Acts 1993, No. 690, § 24.
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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 6 - INTEREST ON TRUST ACCOUNTS PROGRAM (§§ 17-42-601 — 17-42-603) › Section 17-42-603 - Disposition of funds

(a)
(1)
The recipient of the funds generated by the interest on real estate brokers' trust account program shall be such Arkansas nonprofit corporation as the Arkansas Real Estate Commission shall designate.
(2)
The corporation shall be governed by a board of directors consisting of not fewer than five (5) nor more than fifteen (15) members.
(3)
At least sixty percent (60%) of the total number of directors shall be appointed by the commission and the remainder by the Arkansas Realtors Association.
(4)
The corporation shall be tax exempt as defined by § 501(c)(3) of the Internal Revenue Code.
(b)
The funds generated by the program shall be used for economic development, research, education, and such other public service purposes as may be determined by the recipient corporation specified in this section.
Acts 1993, No. 690, § 24.
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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 7 - INTERFERENCE WITH REAL ESTATE LICENSEE RELATIONSHIPS (§§ 17-42-701 — 17-42-702) › Section 17-42-701 - Definitions

As used in this subchapter:
(1)
"Actual introduction" means the referral of a principal to a licensee by the person or entity seeking the referral fee before the principal and licensee have engaged in material discussions regarding a specific real estate transaction;
(2)
(A)
"Interference with a licensee relationship" means:
(i)
A demand for a referral fee from a licensee when reasonable cause for payment does not exist;
(ii)
A threat to reduce, withhold, or eliminate any relocation or other benefits or the actual reduction, withholding, or elimination of any relocation or other benefit for the purpose of obtaining a referral fee from a licensee when reasonable cause for payment does not exist; or
(iii)
An attempt to induce a principal to breach or terminate a representation agreement for the purpose of replacing that representation agreement with another representation agreement in order to obtain a referral fee.
(B)
"Interference with a licensee relationship" does not mean:
(i)
Communications between an employer or an employer's representative and an employee concerning relocation policies and benefits if the communication does not involve advice about or encouragement to terminate or amend an existing representation agreement; and
(ii)
Advice to a principal about the right to allow a licensee relationship to expire under its own terms or not to renew the licensee relationship upon its expiration;
(3)
"Licensee relationship" means an agreement between a licensee and a principal under which the licensee agrees to act as a principal broker as defined in §
17-42-103
;
(4)
"Principal" means the buyer, seller, landlord, or tenant in a licensee relationship;
(5)
"Reasonable cause for payment" means the creation of a cooperative or subagency relationship between licensees or a representation agreement as the result of an actual introduction of business;
(6)
(A)
"Referral fee" means any mutually agreed-upon fee, commission, or other consideration to be paid by a licensee to any person or entity.
(B)
"Referral fee" does not mean a cooperative commission offered by a listing licensee to a selling licensee or by a selling licensee to a listing licensee; and
(7)
(A)
"Representation agreement" means an agreement between a principal and a licensee in which the licensee agrees to perform any of the activities of a principal broker.
(B)
"Representation agreement" includes:
(i)
A buyer's agency agreement, a property listing agreement, and a cooperative brokerage agreement; and
(ii)
Any agreement containing any of the agreements described in subdivision (7)(B)(i) of this section.
Acts 2005, No. 1946, § 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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 7 - INTERFERENCE WITH REAL ESTATE LICENSEE RELATIONSHIPS (§§ 17-42-701 — 17-42-702) › Section 17-42-702 - Interference with licensee relationships prohibited

(a)
No person shall knowingly interfere with a licensee relationship between a licensee and a person or entity.
(b)
No licensee shall be liable for a referral fee when reasonable cause for payment does not exist.
(c)
(1)
Any person or entity aggrieved by a violation of this subchapter may bring a civil action in any court of competent jurisdiction.
(2)
The damages recoverable in an action under subdivision (c)(1) of this section shall be:
(A)
The actual damages; and
(B)
Reasonable attorney's fees and expenses.
(d)
Nothing in this subchapter is intended to:
(1)
Create a presumption that if reasonable cause for payment of a referral fee exists, a legal right to the referral fee exists; or
(2)
Authorize the payment of a referral fee that is otherwise prohibited by law or rule of the Arkansas Real Estate Commission.
Amended by Act 2019, No. 315,§ 1468, eff. 7/24/2019.
Acts 2005, No. 1946, § 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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-43-101 — 17-43-102) › Section 17-43-101 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Continuing education unit" means value given for participation in organized continuing education experience under reasonable sponsorship, capable direction, and qualified instruction approved by the Arkansas State Board of Sanitarians;
(2)
"Environmental sanitation" means the study, art, and technique of applying scientific knowledge for the improvement of the environment of man for his health and welfare;
(3)
"Registered sanitarian" means an environmental health professional educated in the field of environmental health, physical, and biological sciences who meets the requirements of §
17-43-303(a) and (b)
and §
17-43-306
. Such persons may be specifically trained to organize, implement, and manage environmental health programs; and
(4)
"Sanitarian-in-training" means a person who meets the educational qualifications as provided in this chapter but does not meet the experience requirements of this chapter for registration as a registered sanitarian.
Acts 1957, No. 281, § 1; 1985, No. 582, § 1; A.S.A. 1947, § 71-1601.
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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-43-101 — 17-43-102) › Section 17-43-102 - Penalties

Any person who violates any provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment not exceeding three (3) months, or by both fine and imprisonment, and each day of violation shall constitute a separate offense.
Acts 1957, No. 281, § 20; A.S.A. 1947, § 71-1620.
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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 2 - ARKANSAS STATE BOARD OF SANITARIANS (§§ 17-43-201 — 17-43-207) › Section 17-43-201 - Creation - Members

(a)
(1)
There is created the Arkansas State Board of Sanitarians to consist of six (6) members who shall be appointed by the Governor, subject to confirmation by the Senate.
(2)
(A)
Five (5) members shall be sanitarians who have been residents in the State of Arkansas for at least one (1) year, have had experience in the field of environmental sanitation for at least five (5) years, are presently engaged in the field of environmental sanitation, and are not less than thirty (30) years of age. Each shall hold a current certificate of registration issued by the board.
(B)
Terms of office shall be fixed so that one (1) professional member of the board will be retired each year.
(C)
(i)
The Governor shall fill the expired term of the retiring board member by appointment.
(ii)
The Governor shall consult the Arkansas Society of Professional Sanitarians before making an appointment under this subdivision (a)(2)(C).
(3)
(A)
One (1) member shall not be actively engaged in the business of sanitation or retired as a sanitarian and shall represent consumers.
(B)
This member shall be appointed from the state at large, subject to confirmation by the Senate.
(C)
He or she shall be a full voting member but shall not participate in the grading of examinations.
(b)
Each member shall be appointed for a five-year period except for a person who is appointed to fill the unexpired term of another member. The term of office shall expire on June 30 of each year.
(c)
The Governor shall fill any vacancy caused by death, resignation, or removal for the unexpired term.
(d)
The Governor may remove any member of the board for misconduct, incapacity, or neglect of duty.
(e)
The members of the board shall serve without compensation but may receive expense reimbursement in accordance with §
25-16-901
et seq.
Amended by Act 2019, No. 386,§ 26, eff. 7/24/2019.
Amended by Act 2015, No. 1100,§ 28, eff. 7/22/2015.
Acts 1957, No. 281, §§ 3, 4; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1985, No. 582, § 2; A.S.A. 1947, §§ 6-617 -- 6-619, 71-1603, 71-1604; Acts 1997, No. 250, § 148.
See Act 2013, No. 481, § 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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 2 - ARKANSAS STATE BOARD OF SANITARIANS (§§ 17-43-201 — 17-43-207) › Section 17-43-202 - Organization and proceedings

(a)
The Arkansas State Board of Sanitarians shall hold a meeting at least one (1) time a year and at such times as the Chair of the Arkansas State Board of Sanitarians shall appoint.
(b)
At the first meeting and annually thereafter, the board shall elect a chair and a secretary from its members appointed by the Governor.
(c)
Three (3) members shall constitute a quorum, but no action may be taken on any questions unless at least three (3) members are in accord.
(d)
The board shall adopt and have an official seal which shall be affixed to all certificates of registration.
Acts 1957, No. 281, §§ 4, 5; A.S.A. 1947, §§ 71-1604, 71-1605.
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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 2 - ARKANSAS STATE BOARD OF SANITARIANS (§§ 17-43-201 — 17-43-207) › Section 17-43-203 - Duties and powers

(a)
The Arkansas State Board of Sanitarians shall have such authority as is reasonably necessary to administer this chapter.
(b)
The Chair of the Arkansas State Board of Sanitarians and the Secretary of the Arkansas State Board of Sanitarians may administer oaths and subpoena witnesses.
(c)
The secretary shall keep a record of all proceedings of the board, including a register of all holders of a current certificate of registration. These records shall be open to the public at all reasonable times.
(d)
[Repealed.]
(e)
As a means to maintain professional competency, the board shall promulgate rules establishing standards for continuing education. The continuing education units shall be direct participation in a course or courses approved by the board. The standards shall be established in a manner to assure that a variety of alternative forms of continuing education are available to registered sanitarians, including, but not limited to, academic studies, in-service education, institutes, seminars, lectures, conferences, workshops, extension courses, home study programs, articles published, and scientific papers published. The standards should recognize specialized areas of endeavor. The board may contract with another agency or association to perform part or all of the duties in establishing procedures to record and retain continuing education units data for all registered sanitarians in good standing.
(f)
The board shall have power to determine all matters within its jurisdiction, subject to review of the circuit court or at the option of the aggrieved party by the circuit court of the county in which he or she resides.
Amended by Act 2019, No. 315,§ 1469, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 4861, eff. 7/1/2019.
Acts 1957, No. 281, §§ 6, 19; 1985, No. 582, § 3; A.S.A. 1947, §§ 71-1606, 71-1619.
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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 2 - ARKANSAS STATE BOARD OF SANITARIANS (§§ 17-43-201 — 17-43-207) › Section 17-43-204 - Disposition of funds - Report

(a)
All fees or payments of any type collected by the Arkansas State Board of Sanitarians under this chapter shall be kept in a separate fund.
(b)
The board shall make a report annually to the Secretary of the Department of Health, showing all receipts and disbursements of moneys and a summary of all business transacted during the year.
(c)
The expenses provided in this chapter shall be paid by the board from the fees collected by it.
Amended by Act 2019, No. 910,§ 4862, eff. 7/1/2019.
Acts 1957, No. 281, § 16; A.S.A. 1947, § 71-1616; Acts 1997, No. 250, § 149.
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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 2 - ARKANSAS STATE BOARD OF SANITARIANS (§§ 17-43-201 — 17-43-207) › Section 17-43-205 - Operating expenses

The operating expenses of the Arkansas State Board of Sanitarians shall be paid solely from cash funds of the board, and no funds shall be used either directly or indirectly from general revenues for such support.
Acts 1983, No. 152, § 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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 2 - ARKANSAS STATE BOARD OF SANITARIANS (§§ 17-43-201 — 17-43-207) › Section 17-43-206 - Board seminars or workshops - Travel expenses

The Arkansas State Board of Sanitarians may authorize payments to be made to each registered sanitarian as partial reimbursement for actual travel expenses incurred, but not to exceed the amounts authorized for state employees for such expenses and not otherwise reimbursed, in attending seminars or workshops sponsored by the board in accordance with state travel rules.
Amended by Act 2019, No. 315,§ 1470, eff. 7/24/2019.
Acts 1983, No. 152, § 3; A.S.A. 1947, § 71-1621.
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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 2 - ARKANSAS STATE BOARD OF SANITARIANS (§§ 17-43-201 — 17-43-207) › Section 17-43-207 - Transfer of the Arkansas State Board of Sanitarians

(a)
(1)
Effective July 1, 2013, the Arkansas State Board of Sanitarians is transferred to the Department of Health and shall be administered by the Secretary of the Department of Health.
(2)
All authority, powers, duties, functions, records, authorized positions, property, unexpended balances of appropriations, allocations, or other funds of the board are transferred to the department.
(b)
In order to protect the board, to allow for continuation of necessary procedures, and to provide for a smooth transition to the department, the secretary may not realign the functions and records of the board before July 1, 2014.
Amended by Act 2019, No. 910,§ 4863, eff. 7/1/2019.
Added by Act 2013, No. 481,§ 2, eff. 7/1/2013.
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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 3 - CERTIFICATE OF REGISTRATION (§§ 17-43-301 — 17-43-310) › Section 17-43-301 - Certificate required

(a)
No person shall offer his or her service as a registered sanitarian or use, assume, or advertise in any way any title or description tending to convey the impression that he or she is a registered sanitarian unless he or she is the holder of a current certificate of registration issued by the Arkansas State Board of Sanitarians.
(b)
A holder of a current certificate of registration may append to his or her name the letters "R.S."
Acts 1957, No. 281, § 2; A.S.A. 1947, § 71-1602.
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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 3 - CERTIFICATE OF REGISTRATION (§§ 17-43-301 — 17-43-310) › Section 17-43-302 - Examination - Scope

(a)
The Arkansas State Board of Sanitarians shall hold examinations to test the fitness of applicants for registration at such times and places within this state as the board shall determine, but shall hold at least one (1) examination every year.
(b)
The scope of the examination shall be determined by the board.
Acts 1957, No. 281, § 7; A.S.A. 1947, § 71-1607.
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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 3 - CERTIFICATE OF REGISTRATION (§§ 17-43-301 — 17-43-310) › Section 17-43-303 - Application for examination

(a)
The Arkansas State Board of Sanitarians shall admit to examination any person who makes application to the Secretary of the Arkansas State Board of Sanitarians on forms prescribed and furnished by the board and pays an application fee of twenty dollars ($20.00) to defray the expense of examination.
(b)
The minimum requirements for admission to examination as a registered sanitarian shall be as follows:
(1)
A bachelor's degree or master's degree in public health with specialization in sanitary sciences from an approved school of public health; or
(2)
A college graduate in one (1) of the natural sciences, i.e., biology, chemistry, physics, math, earth science, or geology, or engineering, with a minimum of thirty (30) semester hours or its equivalent of those subjects, plus one (1) year's experience in environmental sanitation or approved training courses.
(c)
Any person who meets the educational qualifications of subdivision (b)(2) of this section but who does not meet the experience requirements of subdivision (b)(2) of this section may make application to the board through a process prescribed by the board for acceptance as a sanitarian-in-training. The board shall accept the application when submitted, if accompanied by the required fee, not to exceed ten dollars ($10.00), as prescribed by the board.
(d)
Within ninety (90) days after an application is filed with the secretary, the board shall notify the applicant whether his or her application for examination was accepted or rejected and, if rejected, the reason therefor.
(e)
One-half (1/2) of the application fee shall be returned to each rejected applicant.
Amended by Act 2019, No. 990,§ 48, eff. 7/24/2019.
Acts 1957, No. 281, §§ 8, 9; 1977, No. 257, § 1; 1985, No. 582, § 4; A.S.A. 1947, §§ 71-1608, 71-1609; Acts 1993, No. 1219, § 11.
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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 3 - CERTIFICATE OF REGISTRATION (§§ 17-43-301 — 17-43-310) › Section 17-43-304 - Notice of time and place of examination

The Secretary of the Arkansas State Board of Sanitarians shall give reasonable notice by mail of the time and place of examination to each applicant accepted for examination.
Acts 1957, No. 281, § 10; A.S.A. 1947, § 71-1610.
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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 3 - CERTIFICATE OF REGISTRATION (§§ 17-43-301 — 17-43-310) › Section 17-43-305 - Notice of examination results

Within sixty (60) days after the examination is given, the Arkansas State Board of Sanitarians shall notify by mail each person who took the examination as to whether he or she has passed or failed the examination.
Acts 1957, No. 281, § 11; A.S.A. 1947, § 71-1611.
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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 3 - CERTIFICATE OF REGISTRATION (§§ 17-43-301 — 17-43-310) › Section 17-43-306 - Issuance

Each person who passes the examination to the satisfaction of the Arkansas State Board of Sanitarians shall be issued a certificate of registration upon payment of a registration fee of ten dollars ($10.00).
Acts 1957, No. 281, § 12; 1985, No. 582, § 5; A.S.A. 1947, § 71-1612.
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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 3 - CERTIFICATE OF REGISTRATION (§§ 17-43-301 — 17-43-310) › Section 17-43-307 - Reciprocity

The Arkansas State Board of Sanitarians shall issue a certificate of registration without examination to any person who makes application on forms prescribed and furnished by the board, pays a registration fee of ten dollars ($10.00), and submits satisfactory proof that he or she:
(1)
Has had at least two (2) years' experience in the field of environmental sanitation; and
(2)
Is registered as a sanitarian in a state in which the qualifications for registration are not lower than the qualifications for registration in this state at the time he or she applies for registration.
Amended by Act 2019, No. 990,§ 49, eff. 7/24/2019.
Acts 1957, No. 281, § 14; A.S.A. 1947, § 71-1614.
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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 3 - CERTIFICATE OF REGISTRATION (§§ 17-43-301 — 17-43-310) › Section 17-43-308 - Expiration and renewal

Each certificate of registration issued by the Arkansas State Board of Sanitarians shall expire on June 30 following the date of issuance. A renewal certificate may be issued:
(1)
To the holder of a current certificate of registration who makes application before the expiration of his or her current certificate and pays a renewal fee of twenty dollars ($20.00). Satisfactory proof of complying with the board's continuing education requirements must accompany renewal applications; and
(2)
To a former registered sanitarian whose certificate has been suspended or revoked, who makes application not more than sixty (60) days after the expiration date of the last certificate issued to him or her, and who pays a renewal fee of forty dollars ($40.00) and complies with continuing education requirements.
Acts 1957, No. 281, § 15; 1977, No. 257, § 3; 1985, No. 582, § 6; A.S.A. 1947, § 71-1615.
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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 3 - CERTIFICATE OF REGISTRATION (§§ 17-43-301 — 17-43-310) › Section 17-43-309 - Grounds for suspension, revocation, or refusal to renew - Duty of board to hire independent investigator - Scope of investigation

(a)
The Arkansas State Board of Sanitarians may suspend, revoke, or refuse to renew a certificate of registration upon proof that the applicant is guilty of fraud, deceit, gross negligence, incompetency, or misconduct in relation to his or her duties as a sanitarian.
(b)
(1)
When necessary to determine whether grounds exist under this section to suspend, revoke, or refuse to renew a certificate of registration, the board shall hire and fix the compensation of an independent investigator to perform the investigation.
(2)
The scope of the investigation shall not exceed matters that are reasonably necessary to determine whether grounds exist under this section to suspend, revoke, or refuse to renew a certificate of registration.
Amended by Act 2019, No. 990,§ 50, eff. 7/24/2019.
Acts 1957, No. 281, § 17; A.S.A. 1947, § 71-1617; Acts 2011, No. 295, § 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 43 - SANITARIANS (§§ 17-43-101 — 17-43-310) › Subchapter 3 - CERTIFICATE OF REGISTRATION (§§ 17-43-301 — 17-43-310) › Section 17-43-310 - Proceedings for suspension, revocation, or refusal to renew

(a)
Before the Arkansas State Board of Sanitarians may suspend, revoke, or refuse to renew a certificate of registration, it shall set the matter for a hearing before the board.
(b)
At least twenty (20) days before the date set for hearing, the board shall give written notice of the charges made and the date and place of the hearing to the accused.
(c)
Service of the notice may be made by personal service or by sending it by registered mail to the last known business address of the accused.
(d)
The accused shall have the opportunity to be heard in person and by counsel.
(e)
A stenographic record of the hearing shall be kept and a transcript of the hearing filed with the board.
(f)
The order of the board shall be made within thirty (30) days after the termination of the hearing.
(g)
Notice of the order of the board shall be given to the accused, either by personal service or by registered mail sent to the last known business address of the accused within ten (10) days after the order is made.
Acts 1957, No. 281, § 18; A.S.A. 1947, § 71-1618.
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 17-44-101 - Definitions

As used in this chapter:
(1)
"Beverage container" means a can, bottle, jar, or other container made of aluminum or metal that is sealed by a manufacturer;
(2)
"Catalytic converter" means an exhaust emission control device that reduces toxic gases and pollutants from internal combustion engines;
(3)
"Minor" means a person under eighteen (18) years of age;
(4)
(A)
"Nonferrous metal" means a metal that does not contain significant quantities of iron or steel.
(B)
"Nonferrous metal" includes without limitation the following metals and their alloys:
(i)
Copper;
(ii)
Brass;
(iii)
Aluminum;
(iv)
Bronze;
(v)
Lead;
(vi)
Zinc; and
(vii)
Nickel;
(5)
"Person" means an individual, a partnership, a corporation, a joint venture, a trust, an association, or any other legal entity;
(6)
"Record" means paper, electronic, or other method of storing information;
(7)
(A)
"Scrap metal" means bits and pieces of metal parts that:
(i)
May be combined together with bolts or soldering; and
(ii)
Can be recycled when worn or superfluous.
(B)
"Scrap metal" includes detached catalytic converters;
(8)
"Scrap metal processor" means a person that, from a fixed location, engages in the business of using machinery or equipment for the processing or manufacturing of iron, steel, or nonferrous metal scrap;
(9)
(A)
"Scrap metal recycler" means any person that purchases scrap metal.
(B)
"Scrap metal recycler" does not include a person that only buys in quantities of five thousand pounds (5,000 lbs.) or more; and
(10)
(A)
"Seller" means any person that receives in a transaction monetary consideration from a scrap metal recycler in exchange for nonferrous metal, iron, or steel, including without limitation copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys.
(B)
"Seller" does not include a person that sells scrap metal generated in a manufacturing or production process and sold to a scrap metal recycler under a contract or an agreement.
Amended by Act 2023, No. 264,§ 2, eff. 8/1/2023.
Amended by Act 2021, No. 1083,§ 1, eff. 7/28/2021.
Acts 1953, No. 139, §§ 1-3; 1957, No. 240, § 1; A.S.A. 1947, §§ 71-1501 -- 71-1503; Acts 1991, No. 669, § 1; 2005, No. 1994, § 227; 2007, No. 749, § 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 44 - SCRAP METAL DEALERS (§§ 17-44-101 — 17-44-109) › Section 17-44-104 - Theft notification

(a)
Any person may notify scrap metal recyclers of nonferrous metal of a known or presumed theft of nonferrous metal products setting forth any information concerning the theft as might be available to that person, including without limitation:
(1)
The approximate quantity and size of the nonferrous metal products stolen;
(2)
The geographical area from which the nonferrous metal products were reported missing or presumed stolen; and
(3)
Any specific distinguishing marks on or in the nonferrous metal products or other method of identifying the nonferrous metal products.
(b)
If notice of a known or presumed theft of nonferrous metal products is given to a scrap metal recycler under subsection (a) of this section and within ninety (90) days after the notice nonferrous metal products meeting the description in the notice are purchased by the scrap metal recycler or offered for sale to the scrap metal recycler, then the scrap metal recycler shall notify the local police or sheriff's department that the nonferrous metal products were purchased by or offered for sale to the scrap metal recycler.
(c)
This section does not apply to transactions that involve only beverage containers.
Acts 1975, No. 894, §§ 1-3; A.S.A. 1947, §§ 71-1504 -- 71-1506; Acts 1991, No. 669, § 1; 2005, No. 1994, § 228; 2007, No. 749, § 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 17-44-105 - Sales by minors

(a)
(1)
No scrap metal recycler shall purchase or otherwise receive in the course of business scrap metal that is claimed by any minor or that may be in the possession of or under control of a minor, unless the minor is accompanied by his or her parent or guardian.
(2)
The parent or guardian shall state in writing that the transaction is taking place with the parent's or guardian's full knowledge and consent.
(b)
A scrap metal recycler shall preserve and keep on file and make available for inspection the written statement required by subsection (a) of this section for not less than three (3) years.
Acts 1989, No. 476, §§ 1-4; 1991, No. 669, § 1; 2005, No. 1994, § 400; 2007, No. 749, § 5.