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 17 - AUCTIONEERS (§§ 17-17-101 — 17-17-409) › Subchapter 3 - LICENSING (§§ 17-17-301 — 17-17-312) › Section 17-17-305 - Nonresidents - Reciprocity

(a)
A person holding a license to engage in auctions issued to him or her by a proper authority of a state, territory, or possession of the United States or the District of Columbia having licensing requirements comparable to Arkansas and who in the opinion of the Auctioneer's Licensing Board otherwise meets the requirements of this chapter may upon application be licensed without further examination.
(b)
(1)
Nothing in this section and §§
17-17-304
and
17-17-306
shall prevent the conducting of any auction in this state by any nonresident auctioneer if such an auctioneer is duly licensed by the state of his or her residence and that state, through reciprocity, permits a resident of this state who is an auctioneer duly licensed to conduct auctions in this state to conduct auctions in the other state without being required to obtain a license in the other state.
(2)
The license and renewal fee applicable to a nonresident auctioneer shall be the same as the license and renewal fee applicable to a resident auctioneer.
(c)
Notwithstanding any other provision of law to the contrary, no person duly licensed as an auctioneer in any other state and temporarily present in this state shall conduct an auction in this state unless he or she acts in association with an auctioneer duly licensed in this state if the state in which the nonresident auctioneer is licensed requires such an association with an auctioneer licensed in that state before an auctioneer duly licensed in Arkansas may conduct an auction in that state.
Amended by Act 2023, No. 677,§ 7, eff. 8/1/2023.
Acts 1989, No. 266, § 10; 1991, No. 786, § 22.
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 17 - AUCTIONEERS (§§ 17-17-101 — 17-17-409) › Subchapter 3 - LICENSING (§§ 17-17-301 — 17-17-312) › Section 17-17-306 - Nonresidents - Actions against

In addition, every nonresident applicant shall file an irrevocable consent that actions may be commenced against the applicant in any court of competent jurisdiction in the State of Arkansas, by the service of any summons, process, or pleading authorized by the law on the Secretary-treasurer of the Auctioneer's Licensing Board. The consent shall stipulate and agree that the service of the process, summons, or pleading on the secretary-treasurer shall be taken and held in all courts to be as valid and binding as if actual service had been made upon the applicant in Arkansas. In case any summons, process, or pleading is served upon the secretary-treasurer of the board, it shall be by duplicate copies, one (1) of which shall be retained in the office of the board, and the other immediately forwarded by registered mail to the last known business address of the applicant against whom the summons, process, or pleading may be directed.
Acts 1989, No. 266, § 10.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 17 - AUCTIONEERS (§§ 17-17-101 — 17-17-409) › Subchapter 3 - LICENSING (§§ 17-17-301 — 17-17-312) › Section 17-17-307 - Auction house owners

(a)
If an auction house owner is one other than the principal auctioneer, the auction house owner shall apply for a license and meet all the provisions of this chapter.
(b)
When the owner of an auction company or the designated person of a corporation and the auctioneer are one and the same, only one (1) license shall be required.
Amended by Act 2023, No. 677,§ 8, eff. 8/1/2023.
Acts 1989, No. 266, § 16.
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 17 - AUCTIONEERS (§§ 17-17-101 — 17-17-409) › Subchapter 3 - LICENSING (§§ 17-17-301 — 17-17-312) › Section 17-17-308 - Suspension or revocation

The Auctioneer's Licensing Board may impose a civil penalty or suspend or revoke the license of an auctioneer for any of the following causes:
(1)
Obtaining a license through false or fraudulent representation;
(2)
Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising or otherwise;
(3)
Failing to account for or remit within a reasonable time any money belonging to others that comes into his or her possession;
(4)
Commingling funds of others with his or her own or failing to keep the funds of others in an escrow or trustee account;
(5)
Paying valuable consideration to any person for services performed in violation of this chapter;
(6)
Being convicted of a criminal offense involving a felony listed under §
17-3-102
in a court of competent jurisdiction of this or any other jurisdiction;
(7)
Willfully violating a rule promulgated by the board;
(8)
Failing to enter into a written contract with the seller and to furnish voluntarily to the seller at the time of execution copies of all written instruments prepared by the auctioneer, including the contract;
(9)
Any conduct of an auctioneer that demonstrates bad faith, dishonesty, incompetency, untruthfulness, or deceptive practices;
(10)
Any other conduct that constitutes improper, fraudulent, or dishonest dealings, including falsely accusing any auctioneer or auction house;
(11)
Failing to complete or submit the continuing education requirements as specified by this chapter and the rules adopted by the board; or
(12)
Failing to disclose the buyer's premium in all advertising associated with an auction.
Amended by Act 2019, No. 315,§ 1353, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1352, eff. 7/24/2019.
Amended by Act 2019, No. 990,§ 20, eff. 7/24/2019.
Acts 1989, No. 266, § 11; 1999, No. 1333, § 7; 1999, No. 1506, § 2; 2001, No. 1258, § 1; 2003, No. 1748, § 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 17 - AUCTIONEERS (§§ 17-17-101 — 17-17-409) › Subchapter 3 - LICENSING (§§ 17-17-301 — 17-17-312) › Section 17-17-309 - Investigation by board

The Auctioneer's Licensing Board may, upon its own motion, and shall, upon the verified written complaint of any person, investigate the actions of any auctioneer or any person who assumes to act in that capacity, if the complaint, or complaint together with other evidence presented in connection with it if true, would be a violation of this chapter.
Acts 1989, No. 266, § 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 17 - AUCTIONEERS (§§ 17-17-101 — 17-17-409) › Subchapter 3 - LICENSING (§§ 17-17-301 — 17-17-312) › Section 17-17-310 - Advertisements

Each and every advertisement by an auctioneer or auction house shall include the number of the license issued to the auctioneer or auction company by the Auctioneer's Licensing Board.
Amended by Act 2023, No. 677,§ 9, eff. 8/1/2023.
Acts 1989, No. 266, § 17.
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 17 - AUCTIONEERS (§§ 17-17-101 — 17-17-409) › Subchapter 3 - LICENSING (§§ 17-17-301 — 17-17-312) › Section 17-17-311 - Continuing education

(a)
Except as provided in subsection (c) of this section, every application to the Auctioneer's Licensing Board for annual renewal of the license of an auctioneer shall be accompanied by proof that the applicant has satisfactorily completed six (6) hours of continuing education in approved programs within the preceding twelve-month period. No auctioneer's license shall be renewed unless the application for renewal is accompanied by the proof required in this section.
(b)
All programs of continuing education for licensed auctioneers shall be subject to approval of the board. The board is authorized to prescribe by rule the minimum standards and requirements for continuing education programs for auctioneers, the procedures and policies for administering such programs, and the manner and conditions under which credit will be granted for participation in such programs.
(c)
The continuing education requirements of this section shall not be applicable to any person who has been licensed as an auctioneer or auction house owner or operator by the board for a period of ten (10) consecutive years or more and who is at least fifty-five (55) years of age.
Amended by Act 2019, No. 315,§ 1354, eff. 7/24/2019.
Acts 1999, No. 1506, § 1; 2001, No. 1754, § 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 17 - AUCTIONEERS (§§ 17-17-101 — 17-17-409) › Subchapter 4 - AUCTIONEER EDUCATION AND RECOVERY FUND (§§ 17-17-401 — 17-17-409) › Section 17-17-401 - Auctioneer Education and Recovery Fund

(a)
The Auctioneer's Licensing Board shall establish and administer the "Auctioneer Education and Recovery Fund" which shall only be used for education and recovery purposes as detailed in this chapter.
(b)
The fees collected under §
17-17-404
shall be deposited into the fund.
Amended by Act 2023, No. 677,§ 11, eff. 8/1/2023.
Acts 1999, No. 227, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 17 - AUCTIONEERS (§§ 17-17-101 — 17-17-409) › Subchapter 4 - AUCTIONEER EDUCATION AND RECOVERY FUND (§§ 17-17-401 — 17-17-409) › Section 17-17-402 - Applicability

The provisions of this subchapter shall apply only to:
(1)
Auctioneers who were licensed at the time of the occurrence of the acts or violations complained of; and
(2)
Acts or violations which occur after December 31, 1999.
Acts 1999, No. 227, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 17 - AUCTIONEERS (§§ 17-17-101 — 17-17-409) › Subchapter 4 - AUCTIONEER EDUCATION AND RECOVERY FUND (§§ 17-17-401 — 17-17-409) › Section 17-17-403 - Construction

Nothing in this subchapter shall be construed to limit or restrict in any manner other civil or criminal remedies which may be available to any person.
Acts 1999, No. 227, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 17 - AUCTIONEERS (§§ 17-17-101 — 17-17-409) › Subchapter 4 - AUCTIONEER EDUCATION AND RECOVERY FUND (§§ 17-17-401 — 17-17-409) › Section 17-17-404 - Additional fee

(a)
Except as provided in subsection (b) of this section, each auctioneer shall pay to the Auctioneer's Licensing Board at the time of initial licensure and at each annual renewal a fee as the board may require, not to exceed one hundred dollars ($100). This fee shall be in addition to the other fees provided for in this chapter.
(b)
When the balance in the Auctioneer Education and Recovery Fund reaches one hundred eighty thousand dollars ($180,000), the fee shall be suspended until the fund balance falls to one hundred thousand dollars ($100,000) at which time the collection of the fee shall resume until the fund balance reaches one hundred eighty thousand dollars ($180,000).
Acts 1999, No. 227, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 17 - AUCTIONEERS (§§ 17-17-101 — 17-17-409) › Subchapter 4 - AUCTIONEER EDUCATION AND RECOVERY FUND (§§ 17-17-401 — 17-17-409) › Section 17-17-405 - Disciplinary hearing - Recovery procedure

(a)
(1)
In any disciplinary hearing before the Auctioneer's Licensing Board that involves a licensee who has allegedly violated any provision of this chapter, the board shall first determine whether a violation has occurred.
(2)
If so, the board shall then determine the amount of damages, if any, suffered by the aggrieved party or parties. However, damages shall be limited to actual damages in accordance with §
17-17-407
.
(3)
The board shall then direct the licensee to pay that amount to the aggrieved party or parties.
(4)
(A)
If that amount has not been paid within thirty (30) calendar days following entry of the board's final order in the matter and the order has not been appealed to the circuit court, then upon request the board shall pay from the Auctioneer Education and Recovery Fund to the aggrieved party or parties the amount specified.
(B)
However, the board shall not:
(i)
Pay in excess of fifteen thousand dollars ($15,000) for any one (1) violation or continuing series of violations regardless of the number of licensees who participated in the violation or continuing series of violations; or
(ii)
Pay an amount in excess of the fund balance.
(b)
The question of whether certain violations constitute a continuing series of violations shall be a matter solely within the discretion and judgment of the board.
(c)
Nothing within this subchapter shall obligate the fund for any amount in excess of a total of fifteen thousand dollars ($15,000) with respect to:
(1)
The acts of any one (1) licensee; or
(2)
Any group of related claims.
(d)
Whether a claim is one (1) of a group of related claims shall be a matter solely within the discretion and judgment of the board.
(e)
When unsatisfied or pending claims exceed the limits payable under subsection (c) of this section, the board shall be the sole determinant of how the available funds shall be allocated among such claims.
Acts 1999, No. 227, § 3; 2009, No. 773, § 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 17 - AUCTIONEERS (§§ 17-17-101 — 17-17-409) › Subchapter 4 - AUCTIONEER EDUCATION AND RECOVERY FUND (§§ 17-17-401 — 17-17-409) › Section 17-17-406 - Education

The Auctioneer's Licensing Board, in its discretion, may use any funds in the Auctioneer Education and Recovery Fund in excess of the one-hundred-eighty-thousand-dollar level, regardless of whether it is from the fund fees or accrued interest thereon for any or all of the following purposes:
(1)
To carry out the advancement of education in the auction field for the benefit of those licensed under the provisions of this chapter;
(2)
To assist in the improvement and efficiency of the auctioneering profession; and
(3)
To underwrite educational seminars and other forms of educational projects for the use and benefit of auctioneer licensees.
Acts 1999, No. 227, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 17 - AUCTIONEERS (§§ 17-17-101 — 17-17-409) › Subchapter 4 - AUCTIONEER EDUCATION AND RECOVERY FUND (§§ 17-17-401 — 17-17-409) › Section 17-17-407 - Jurisdiction

(a)
The Auctioneer's Licensing Board's jurisdiction and authority to award damages to an aggrieved party pursuant to §
17-17-405
is limited to actual compensatory damages. The board shall not award punitive or exemplary damages, nor shall it award interest on damages.
(b)
The appellate jurisdiction of the circuit court is limited to the awarding of actual compensatory damages.
(c)
The circuit court shall have no authority or jurisdiction to assess punitive or exemplary damages under this subchapter.
(d)
The circuit court's jurisdiction over the Auctioneer Education and Recovery Fund shall be limited to appeals from the board's orders.
(e)
The circuit court shall have no jurisdiction or authority to order payments from the fund in any amount in excess of either:
(1)
The amount determined by the board; or
(2)
The limits set forth in §
17-17-405
.
Acts 1999, No. 227, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 17 - AUCTIONEERS (§§ 17-17-101 — 17-17-409) › Subchapter 4 - AUCTIONEER EDUCATION AND RECOVERY FUND (§§ 17-17-401 — 17-17-409) › Section 17-17-408 - Appeal

(a)
An appeal may be taken to the circuit court from a final order of the Auctioneer's Licensing Board in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(b)
An appeal shall automatically stay that portion of the board's order which directs the payment of damages, and neither the licensee nor the board shall be obligated to pay the damages to the aggrieved party or parties until such time as the appeal is finally decided, whether in the circuit court or in the Supreme Court.
Acts 1999, No. 227, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 17 - AUCTIONEERS (§§ 17-17-101 — 17-17-409) › Subchapter 4 - AUCTIONEER EDUCATION AND RECOVERY FUND (§§ 17-17-401 — 17-17-409) › Section 17-17-409 - Subrogation - Suspension of license

Upon the payment by the Auctioneer's Licensing Board of any amount of money under §
17-17-405
:
(1)
The recipients of the payment, to the extent of the payment, shall assign to the board all rights and claims that they may have against the licensee involved;
(2)
The board shall be subrogated to all of the rights of the recipients of the payment to the extent of the payment; and
(3)
In addition to any other disciplinary action taken against the licensee on the merits of the hearing, his or her license shall be immediately suspended until he or she has completely reimbursed the board for the payment plus interest at a rate to be determined by the board.
Acts 1999, No. 227, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 18 - AUTOMOTIVE PARTS DEALERS (§§ 17-18-101 — 17-18-104) › Section 17-18-101 - Purpose

The purpose of this chapter is to provide an additional means of preventing theft of motor vehicle parts, tires, and accessories.
Acts 1963, No. 108, § 5; A.S.A. 1947, § 75-1805.
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 18 - AUTOMOTIVE PARTS DEALERS (§§ 17-18-101 — 17-18-104) › Section 17-18-102 - Penalty

A person who violates this chapter or a rule hereunder shall be fined not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500).
Amended by Act 2019, No. 315,§ 1356, eff. 7/24/2019.
Acts 1963, No. 108, § 6; A.S.A. 1947, § 75-1806.
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 18 - AUTOMOTIVE PARTS DEALERS (§§ 17-18-101 — 17-18-104) › Section 17-18-103 - Authority of Division of Arkansas State Police

The Division of Arkansas State Police is empowered to make and enforce reasonable rules to effectuate the purpose of this chapter.
Amended by Act 2019, No. 315,§ 1357, eff. 7/24/2019.
Acts 1963, No. 108, § 4; A.S.A. 1947, § 75-1804.
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 18 - AUTOMOTIVE PARTS DEALERS (§§ 17-18-101 — 17-18-104) › Section 17-18-104 - Record of transactions

(a)
A person engaged in the wholesale or retail business of dealing in new or used motor vehicle parts, tires, or accessories shall make and keep at the place of business for a period of ninety (90) days, a record of:
(1)
All motor vehicle parts, tires, or accessories acquired by such a person by purchase, trade, or pawn from any person other than an authorized dealer in motor vehicle parts, tires, or accessories; and
(2)
Each completed transaction made pursuant to such an offer.
(b)
The record shall include:
(1)
A description of the part, tire, or accessory involved;
(2)
A description of the person from whom the part, tire, or accessory was acquired;
(3)
A description, including the license number, of any motor vehicle in that person's possession; and
(4)
Such other information as may be reasonably required for the purpose of this chapter.
(c)
The record shall be kept available at the place of business for inspection by any law enforcement officer.
Acts 1963, No. 108, §§ 1-3; A.S.A. 1947, §§ 75-1801 -- 75-1803.
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 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-19-101 — 17-19-112) › Section 17-19-101 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Bail bond or appearance bond" means a bond for a specified monetary amount which is executed by the defendant and a qualified licensee under this chapter and which is issued to a court, magistrate, or authorized officer as security for the subsequent court appearance of the defendant upon his or her release from actual custody pending the appearance;
(2)
"Insurer" means any surety company which has qualified to transact surety business in this state;
(3)
"Licensee" means a professional bail bond company or a professional bail bondsman;
(4)
"Professional bail bond company" means an individual who is a resident of this state, an Arkansas firm, partnership, or corporation, or a foreign corporation registered and authorized to conduct business in the State of Arkansas that pledges a bail bond in connection with a judicial proceeding and receives or is promised therefor money or other things of value; and
(5)
"Professional bail bondsman" means an individual who is a resident of this state and who acts through authority of a professional bail bond company in pledging a bail bond as security in a judicial proceeding.
Amended by Act 2019, No. 386,§ 3, eff. 7/24/2019.
Acts 1989, No. 417, § 1; 1995, No. 827, §§ 1, 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-19-101 — 17-19-112) › Section 17-19-102 - Penalties

(a)
Any person who is found guilty of violating any of the provisions of this chapter shall upon conviction be guilty of a Class A misdemeanor.
(b)
Any person who falsely represents to the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board that any person has met the education or continuing education requirements of §§
17-19-107
and
17-19-212
and §
17-19-401
et seq. shall be guilty of a Class B misdemeanor and upon conviction shall be punished accordingly.
Acts 1989, No. 417, § 1; 1993, No. 499, § 6; 2005, No. 1994, § 226.
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 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-19-101 — 17-19-112) › Section 17-19-103 - Civil and criminal proceedings

The venue for any criminal or civil proceeding filed for any violation of this chapter shall be in the county wherein the violation occurred.
Acts 1989, No. 417, § 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 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-19-101 — 17-19-112) › Section 17-19-104 - Exemption

This chapter shall not affect the negotiation through a licensed broker or agent for, nor the execution or delivery of, an undertaking of bail executed by an insurer for its insured under a policy of automobile insurance or of liability insurance upon the automobile of the insured.
Acts 1989, No. 417, § 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 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-19-101 — 17-19-112) › Section 17-19-105 - Prohibitions

No professional bail bondsman or professional bail bond company, nor court, nor law enforcement officer, nor any individual working on behalf of a professional bail bondsman or professional bail bond company, shall:
(1)
Require as a condition of his or her executing a bail bond that the principal agree to engage the services of a specified attorney;
(2)
Solicit business or advertise for business in or about any place where prisoners are confined or in or about any court;
(3)
Suggest or advise the engagement of any bail bond company or professional bail bondsman to underwrite a bail bond;
(4)
Enter a police station, jail, sheriff's office, or other place where persons in custody of the law are detained for the purpose of obtaining employment as a professional bail bondsman or professional bail bond company, without having been previously called by a person so detained or by some relative or other authorized person acting for or in behalf of the person so detained. Whenever such an entry occurs, the person in charge of the facility shall be given and promptly record the mission of the licensee and the name of the person calling the licensee and requesting him or her to come;
(5)
Pay a fee or rebate or give or promise anything of value to:
(A)
A jailer, police officer, peace officer, committing magistrate, or any other person who has power to arrest or to hold in custody; or
(B)
Any public official or public employee in order to secure a settlement, compromise, remission, or reduction of the amount of any bail bond or estreatment thereof;
(6)
Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except in defense of any action on a bond;
(7)
Pay a fee or rebate or give or promise anything of value to the principal or anyone in his or her behalf;
(8)
(A)
Participate in the capacity of an attorney at a trial or hearing of one on whose bond he or she is surety;
(B)
Attempt to obtain settlement or dismissal of a case;
(C)
Give or attempt to give any legal advice to one on whose bond he or she is surety;
(9)
Accept anything of value from a principal except the premium, provided that the licensee shall be permitted to accept collateral security or other indemnity from the principal which shall be returned upon final termination of liability on the bond. The collateral security or other indemnity required by the licensee must be reasonable in relation to the amount of the bond; or
(10)
Permit a bail bond to be executed to effect the release of a defendant without the bondsman's being physically present.
Amended by Act 2021, No. 1039,§ 1, eff. 7/28/2021.
Acts 1989, No. 417, § 1; 1997, No. 973, § 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 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-19-101 — 17-19-112) › Section 17-19-106 - Professional Bail Bond Company and Professional Bail Bondsman Licensing Board

(a)
This section may be cited as the "Arkansas Professional Bail Bond Company and Professional Bail Bondsman Licensing Act".
(b)
(1)
There is hereby created the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board.
(2)
(A)
The board shall be composed of seven (7) members to be appointed by the Governor for terms of seven (7) years.
(B)
Vacancies shall be filled by appointment of the Governor for the unexpired portion of the term.
(3)
(A)
Three (3) members of the board shall be licensed bail bond company owners, one (1) a current or former municipal chief of police, one (1) a current or former county sheriff, and two (2) shall be residents of the state who are not a bail bond company owner, a sheriff, or a chief of police.
(B)
(i)
Each congressional district shall be represented by at least one (1) member of the board.
(ii)
At least one (1) board member shall be an African-American.
(iii)
At least one (1) board member shall be a female.
(4)
The board shall have the authority and responsibility to administer and enforce the provisions of this chapter relating to licensing and regulation of professional bail bond companies and professional bail bondsmen.
(5)
The board shall have the authority to adopt and enforce such reasonable rules as it determines to be necessary to enable it to effectively and efficiently carry out its official duty of licensing and regulating professional bail bond companies and professional bail bondsmen.
(c)
The members of the board shall receive expense reimbursement in accordance with §
25-16-901
et seq., and a stipend pursuant to §
25-16-904
.
(d)
The provisions of this section shall not be construed to repeal any laws in effect on August 13, 1993, relating to the licensing and regulation of professional bail bond companies and professional bail bondsmen but such laws shall remain in full force and effect and shall be administered by the board created herein.
Amended by Act 2021, No. 1033,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 1358, eff. 7/24/2019.
Acts 1993, No. 500, §§ 1-5; 1995, No. 827, § 2; 1997, No. 250, § 126; 1999, No. 1286, § 2; 2001, No. 1817, § 1; 2009, No. 683, §§ 1, 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 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-19-101 — 17-19-112) › Section 17-19-107 - Exception to education requirements

Any licensed professional bail bondsman who is sixty-five (65) years of age or older and who has been licensed as a bail bondsman for fifteen (15) years or more shall be exempt from both the education and continuing education requirements of §
17-19-212
and §
17-19-401
et seq.
Acts 1993, No. 499, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-19-101 — 17-19-112) › Section 17-19-108 - Rules

The Professional Bail Bond Company and Professional Bail Bondsman Licensing Board shall adopt such reasonable rules as it shall deem necessary to assure the effective and efficient administration of §§
17-19-107
and
17-19-212
and §
17-19-401
et seq.
Amended by Act 2019, No. 315,§ 1359, eff. 7/24/2019.
Acts 1993, No. 499, § 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 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-19-101 — 17-19-112) › Section 17-19-109 - Advertising by professional bail bond companies

(a)
All business cards, signs, telephone ads, newspaper ads, or any other type of advertising by professional bail bond companies shall display the company name prominently to assure that the identity of the company doing the advertising is readily apparent.
(b)
Any such advertising by or on behalf of individual professional bail bondsmen shall prominently display the name of the bail bond company and shall contain no information or other indication that the bail bondsman is independent of the company.
Acts 1993, No. 400, § 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 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-19-101 — 17-19-112) › Section 17-19-110 - Licensed bail bond agent

(a)
A licensed bail bond agent shall be permitted to write a bail bond in any county if:
(1)
The agent has a current license with a current licensed professional bail bond company; and
(2)
The agent and the agent's company are in good standing with the courts in the jurisdiction where the bond is to be posted.
(b)
A licensed bail bond agent shall carry a current copy of his or her professional bail bond agent license that shall indicate which professional bail bond company the bondsman works for and his or her qualifying power of attorney that is on file with the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board.
(c)
(1)
Only one (1) power of attorney per bond not exceeding the agent's qualifying power of attorney shall be permitted unless a court has separated the charges and amounts of bonds.
(2)
Powers of attorney shall not be stacked.
Acts 1993, No. 402, § 1; 1999, No. 567, § 2; 2003, No. 1648, § 3; 2011, No. 94, § 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 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-19-101 — 17-19-112) › Section 17-19-112 - Unpaid bond forfeiture judgment limits

(a)
(1)
There shall be an initial one hundred thousand dollars ($100,000) limit on active unpaid bond forfeiture judgments for each bail bonding company.
(2)
Under this section, the amount of unpaid forfeiture or forfeitures shall be determined using the face value of an unpaid forfeited bond.
(b)
When the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board is notified of a bond forfeiture judgment under §
17-19-208(b)(1)
and has issued notice to the company after ninety (90) days from the date of judgment has elapsed, the value of the forfeited bond shall count against that company's respective limit.
(c)
When a company's unpaid bond forfeiture or forfeitures reach one hundred thousand dollars ($100,000) or the total amount of security deposit posted with the board, whichever is higher, the company license shall be suspended.
(d)
The license shall remain suspended until:
(1)
The company can post an additional certificate of deposit or letter of credit with the board so that the company's security deposit exceeds the unpaid bond forfeiture or forfeitures amount;
(2)
The bond forfeiture judgment or judgments are paid to the extent that the total amount of unpaid forfeiture or forfeitures are less than the security deposit posted with the board; or
(3)
(A)
The court that entered the bond forfeiture judgment releases the company's security deposit from responsibility on the unpaid forfeiture as required by §
17-19-208(a)(1)
.
(B)
If the court releases the company's security deposit from responsibility on an unpaid bond forfeiture judgment, the release must be decreed by court order.
(e)
If the court releases the company's security deposit from liability on a bond forfeiture, that bond amount shall not count against the company's unpaid forfeiture limit.
(f)
A company's unpaid bond forfeiture limit shall not exceed one hundred thousand dollars ($100,000) unless the company has posted additional security with the board and shall never exceed the company's total amount of posted security deposit or one hundred thousand dollars ($100,000), whichever is more.
Acts 2011, No. 96, § 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 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 2 - LICENSING (§§ 17-19-201 — 17-19-212) › Section 17-19-201 - Licenses required

(a)
No person shall engage in bail bond business without first having been licensed as provided in this chapter.
(b)
A professional bail bondsman shall not execute, issue, or deliver an appearance bond in this state without holding a valid appointment from a professional bail bond company and without attaching to the appearance bond an executed and numbered power of attorney referencing the professional bail bond company.
(c)
An insurer shall not execute an undertaking of bail without being licensed as a professional bail bond company.
(d)
A professional bail bond company shall not engage in the bail bond business:
(1)
Without having been licensed as a professional bail bond company under this chapter; and
(2)
Except through an agent licensed as a professional bail bondsman under this chapter.
(e)
A professional bail bond company shall not permit any unlicensed person to solicit or engage in the bail bond business in the company's behalf, except for individuals who are employed solely for the performance of clerical, stenographic, investigative, or other administrative duties which do not require a license under this chapter and whose compensation is not related to or contingent upon the number of bonds written.
Amended by Act 2021, No. 1039,§ 2, eff. 7/28/2021.
Acts 1989, No. 417, § 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 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 2 - LICENSING (§§ 17-19-201 — 17-19-212) › Section 17-19-203 - Character references

Each applicant for a professional bail bondsman license shall:
(1)
File with the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board written statements from at least three (3) persons who know his or her character;
(2)
(A)
Be required to apply to the Identification Bureau of the Division of Arkansas State Police for a state and nationwide criminal records check to be conducted by the Federal Bureau of Investigation.
(B)
The criminal records check shall conform to the applicable federal standards and shall include the taking of fingerprints.
(C)
The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal records check.
(D)
Upon completion of the criminal records check, the Identification Bureau of the Division of Arkansas State Police shall forward all information obtained concerning the applicant to the board.
(E)
At the conclusion of the criminal background check required by this subdivision (2), the Identification Bureau of the Division of Arkansas State Police shall promptly destroy the fingerprint card of the applicant; and
(3)
Provide other proof as the board may require that he or she is competent, trustworthy, financially responsible, and of good personal and business reputation and has not been convicted of a felony listed under §
17-3-102
.
Amended by Act 2019, No. 990,§ 21, eff. 7/24/2019.
Acts 1989, No. 417, § 1; 1995, No. 827, § 4; 1999, No. 1346, § 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 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 2 - LICENSING (§§ 17-19-201 — 17-19-212) › Section 17-19-204 - Examination

(a)
In order to determine the competence of each applicant for a professional bail bondsman license, the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board shall require every individual to submit to, and to pass to the satisfaction of the board, a written examination to be prepared by the board and appropriate to the transaction of bail bond business.
(b)
Such an examination shall be held in a location and at such times as the board shall determine.
(c)
Every individual applying to take a written examination shall, at the time of applying therefor, pay to the board a nonrefundable examination fee of twenty-five dollars ($25.00).
(d)
If the application is approved, and if the nonrefundable examination fee is paid, an examination permit will be issued to the applicant. The permit will be valid for a period of ninety (90) days from the date of issuance. If the applicant does not schedule and appear for examination within that ninety-day period, the permit shall expire and the applicant may be required to file a new application, and shall pay another nonrefundable examination fee of twenty-five dollars ($25.00) before issuance of another examination permit to the applicant.
(e)
If the applicant appears for examination but fails to pass the examination, the applicant may apply for reexamination. The reexamination fee shall be a nonrefundable fee of fifteen dollars ($15.00). The board may require a waiting period of eight (8) weeks before reexamination of an applicant who twice failed to pass previous similar examinations.
Acts 1989, No. 417, § 1; 1995, No. 827, § 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 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 2 - LICENSING (§§ 17-19-201 — 17-19-212) › Section 17-19-205 - Letter of credit or certificate of deposit required

(a)
(1)
An applicant for a professional bail bond company license shall file with the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board an irrevocable letter of credit from an Arkansas chartered bank or a federally chartered bank in Arkansas or a certificate of deposit.
(2)
(A)
The letter of credit or certificate of deposit shall be approved by the board as to form and sufficiency and shall be conditioned upon faithful performance of the duties of the licensee.
(B)
The minimum amount for a professional bail bond company initially licensed on or before July 1, 1989, shall be twenty-five thousand dollars ($25,000).
(C)
The minimum amount for a professional bail bond company initially licensed after July 1, 1989, shall be one hundred thousand dollars ($100,000).
(D)
The minimum amount for a professional bail bond company initially licensed on or after July 1, 2009, shall be two hundred fifty thousand dollars ($250,000).
(E)
Professional bail bond companies and professional bail bondsmen who were licensed under Act 400 of 1971 [repealed] before March 8, 1989, shall be required only to file or have on file with the board a letter of credit or certificate of deposit approved by the board as to form and sufficiency, in a minimum amount of five thousand dollars ($5,000), conditioned upon the faithful performance of the duties of the licensee, provided they do not exceed the maximum amount of unsecured bond commitments as provided in §
17-19-304
[repealed].
(b)
A letter of credit or certificate of deposit shall not be subject to termination or cancellation by either party in less than sixty (60) days after the giving of written notice thereof to the other parties and to the board.
(c)
A termination or cancellation shall not affect the liability of the surety or sureties on a bond incurred before the effective date of termination or cancellation.
Acts 1989, No. 417, § 1; 1995, No. 827, § 4; 2009, No. 147, § 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 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 2 - LICENSING (§§ 17-19-201 — 17-19-212) › Section 17-19-206 - Duties of board and clerks

(a)
Before issuance of a license under this chapter, applicants for a license shall satisfy the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board as to Arkansas residency, trustworthiness, and competence, as applicable, and shall otherwise comply with the conditions and qualifications set forth in this chapter.
(b)
(1)
The board may refuse to issue a license to an applicant who fails to comply with the provisions of this chapter or rule of the board.
(2)
The board may refuse to issue a license to an applicant that has made a material misrepresentation in the application for a license.
(c)
Upon the approval and issuance of a license under this chapter, the board shall give notice to the sheriff of each county in the state.
(d)
Upon revocation or suspension of license, the board shall give notice to that effect to the sheriff in each county in the state.
(e)
The board shall maintain a complete record of registrations, revocations, and suspensions, and the record shall be available to the sheriff and county clerk of each county of the state.
(f)
Annually, the board shall furnish the sheriffs with a list of renewal licenses.
Acts 1989, No. 417, § 1; 1995, No. 827, § 4; 2007, No. 674, § 1; 2011, No. 95, § 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 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 2 - LICENSING (§§ 17-19-201 — 17-19-212) › Section 17-19-207 - Expiration and renewal

(a)
Every license issued pursuant to this chapter shall be for a term expiring on December 31 following the date of its issuance, and it may be renewed for the ensuing calendar year upon the filing of a renewal application.
(b)
The Professional Bail Bond Company and Professional Bail Bondsman Licensing Board may refuse to renew a license for any cause for which issuance of the original license could have been refused or for the licensee's violation of any of the provisions of this chapter or the rules of the board.
(c)
Every licensee shall be required to file a renewal application, the form and subject matter of which shall be prescribed by the board.
(d)
(1)
At the time of application for renewal of a professional bail bond company license, there shall be paid to the board for the company's renewal license a fee of one thousand dollars ($1,000).
(2)
Each professional bail bondsman shall pay a fee of one hundred dollars ($100) for renewal of the license, except that if the applicant for renewal also holds a professional bail bond company license, then the applicant shall not be required to pay a renewal fee for a professional bail bondsman license.
Amended by Act 2019, No. 315,§ 1361, eff. 7/24/2019.
Acts 1989, No. 417, § 1; 1995, No. 827, § 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 19 - BAIL BONDSMEN (§§ 17-19-101 — 17-19-403) › Subchapter 2 - LICENSING (§§ 17-19-201 — 17-19-212) › Section 17-19-212 - Licenses

Each applicant for an initial bail bondsman license who satisfactorily completes the examination and meets the other qualifications and requirements prescribed by law, including the completion of a minimum of eight (8) hours of education in subjects pertaining to the authority and responsibilities of a bail bondsman and a review of the laws and rules relating thereto, shall be licensed by the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board.
Amended by Act 2019, No. 315,§ 1364, eff. 7/24/2019.
Acts 1993, No. 499, § 1; 1997, No. 973, § 8; 1999, No. 567, § 3.