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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-317 - Licensees and credential holders - Windup period

When the individual on the basis of whose qualifications a license or credential under this chapter has been obtained ceases to be connected with the business for which a license or credential under this chapter is required, the business may be carried on for a temporary period under such terms and conditions as the Director of the Division of Arkansas State Police shall provide by rule.
Amended by Act 2019, No. 910,§ 5984, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 71, eff. 9/1/2015.
Acts 1977, No. 429, § 18; A.S.A. 1947, § 71-2139.
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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-318 - Training requirements for alarm systems company

The Director of the Division of Arkansas State Police shall promulgate rules regarding the training requirements for alarm systems companies, alarm systems apprentices, alarm systems monitors, alarm systems technicians, and alarm systems agents.
Amended by Act 2019, No. 910,§ 5985, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 72, eff. 9/1/2015.
Acts 1989, No. 926, § 6; 1999, No. 1493, § 10; 2001, No. 1474, § 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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-325 - License or credential application

(a)
A person who is employed as a private investigator, a manager, a private security officer, an alarm systems technician, an alarm systems monitor, an alarm systems apprentice, or an alarm systems agent and who is required to be licensed or credentialed under this chapter shall submit a properly completed application for the license or credential to the Director of the Division of Arkansas State Police within fourteen (14) calendar days after the commencement of employment.
(b)
While the application for the license or credential is pending, an applicant may perform the services of a private investigator, a manager, a private security officer, an alarm systems technician, an alarm systems monitor, an alarm systems apprentice, or an alarm systems agent if the applicant is under the supervision of a person who holds a license or credential for which the applicant applied.
Amended by Act 2019, No. 910,§ 5986, eff. 7/1/2019.
Amended by Act 2016EX3, No. 11,§ 4, eff. 5/23/2016.
Amended by Act 2016EX3, No. 10,§ 4, eff. 5/23/2016.
Amended by Act 2015, No. 393,§ 73, eff. 9/1/2015.
Acts 1977, No. 429, § 27; 1979, No. 907, § 16; 1983, No. 899, § 8; A.S.A. 1947, § 71-2148; Acts 1989, No. 926, §§ 11, 14; 2005, No. 2237, § 9.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-326 - [Repealed]

Repealed by Act 2015, No. 393,§ 74, eff. 9/1/2015.
Acts 1977, No. 429, § 27; A.S.A. 1947, § 71-2148; Acts 1989, No. 926, § 12; 1999, No. 1493, § 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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-327 - [Repealed]

Repealed by Act 2015, No. 393,§ 75, eff. 9/1/2015.
Acts 1977, No. 429, § 28; 1979, No. 907, § 17; A.S.A. 1947, § 71-2149; Acts 2005, No. 2237, § 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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-328 - [Repealed]

Repealed by Act 2015, No. 393,§ 76, eff. 9/1/2015.
Acts 1977, No. 429, § 31; 1979, No. 907, § 19; 1981, No. 792, § 14; A.S.A. 1947, § 71-2152; Acts 1989, No. 926, § 13; 1995, No. 430, § 2; 1999, No. 1493, § 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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-329 - Issuance of credential photo identification card - Transfer and fee - Cancellation

(a)
(1)
A credential photo identification card of a size, a design, and content as may be determined by the Director of the Division of Arkansas State Police shall be issued by the Division of Arkansas State Police under this chapter.
(2)
The credential photo identification card shall display:
(A)
The name of the credential holder;
(B)
A photograph of the credential holder;
(C)
A credential number and date of expiration; and
(D)
The name of the entity by whom the credential holder is employed.
(b)
The credential of each person, private security officer, alarm systems technician, alarm systems monitor, alarm systems apprentice, credentialed private investigator, or alarm systems agent expires two (2) years from the date of issuance and is valid irrespective of the credential holder's employer.
(c)
When an individual to whom a credential has been issued terminates his or her position, he or she shall return the credential photo identification card to the licensee immediately upon termination.
(d)
When an individual to whom a credential has been issued changes employment from one licensee to another licensee, the new manager shall notify the director immediately in writing and pay a transfer fee.
(e)
Within seven (7) days after the licensee has received the identification card of a credentialed employee who has terminated his or her position, the licensee shall mail or deliver the credential photo identification card to the director for cancellation, along with a letter from the licensee stating:
(1)
The date the credentialed employee terminated his or her position;
(2)
That the licensee received the credential photo identification card of the credentialed employee who has terminated his or her position; and
(3)
The cause for which or the conditions under which the credentialed employee terminated his or her position.
Amended by Act 2019, No. 910,§ 5987, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 77, eff. 9/1/2015.
Acts 1977, No. 429, §§ 29, 30; 1979, No. 907, § 18; 1981, No. 792, § 13; 1983, No. 899, § 9; A.S.A. 1947, §§ 71-2150, 71-2151; Acts 1989, No. 926, § 14; 1995, No. 430, § 3; 1999, No. 1493, § 13; 2005, No. 2237, § 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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-330 - Authority to issue commission to carry a firearm

The Director of the Division of Arkansas State Police may determine the qualifications for and issue an authorization to carry a firearm in the form of a commission to a qualified security officer or qualified school security officer that shall be held during the course of his or her employment.
Amended by Act 2019, No. 910,§ 5988, eff. 7/1/2019.
Added by Act 2015, No. 393,§ 78, eff. 9/1/2015.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-331 - Previously issued license, credential, or commission

All previously licensed, credentialed, commissioned, or registered persons who were approved before September 1, 2015, shall meet all of the requirements of this chapter upon renewal.
Added by Act 2015, No. 393,§ 78, eff. 9/1/2015.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-332 - Time limit on civil liability

The Department of Arkansas State Police and its employees are not liable for any civil damages resulting from a license, credential, or commission issued before September 1, 2015.
Added by Act 2015, No. 393,§ 78, eff. 9/1/2015.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-336 - [Repealed]

Repealed by Act 2015, No. 393,§ 80, eff. 9/1/2015.
Acts 1977, No. 429, § 19; A.S.A. 1947, § 71-2140.
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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-337 - Commission - Applicant qualifications

(a)
A commission as a commissioned security officer or a commissioned school security officer shall not be issued under this chapter to an individual who:
(1)
Is under twenty-one (21) years of age;
(2)
Has been found guilty of or who has pleaded guilty or nolo contendere to any of the following offenses, whether or not those offenses have been sealed or expunged:
(A)
An offense listed under §
17-40-306(d)
;
(B)
A crime involving the use of a firearm; or
(C)
A crime involving the use of alcohol while in possession of a firearm;
(3)
Has committed an act that would be grounds for suspension or revocation under this chapter;
(4)
Does not meet the qualifications for a commission as determined by the Director of the Division of Arkansas State Police;
(5)
May not lawfully possess a firearm;
(6)
(A)
Has not successfully completed a state and national criminal background check to be conducted by the Division of Arkansas State Police and the Federal Bureau of Investigation.
(B)
Criminal history records from the Arkansas Crime Information Center shall be available to the director for review of the applicant's qualifications.
(C)
The state and national criminal background check shall conform to applicable federal standards and shall include the taking of fingerprints.
(D)
The individual applicant shall sign a release of information to the director and shall make payment of any fee associated with the state and national criminal background check;
(7)
Has been adjudicated as mentally incompetent or has been involuntarily committed to a mental institution or mental health treatment facility;
(8)
Is a registered sex offender or required to be registered as a sex offender under the Sex Offender Registration Act of 1997, §
12-12-901
et seq.;
(9)
Is suffering from habitual drunkenness or from narcotics addiction or dependence;
(10)
Has been discharged from the United States Armed Forces under dishonorable conditions; or
(11)
Is not in compliance with any other reasonable qualification that the director may set by rule.
(b)
The director shall not issue a commission as a commissioned security officer or as a commissioned school security officer to an applicant employed by a licensee or the security department of a private business or school unless the applicant submits evidence satisfactory to the director that he or she meets all qualifications established by this chapter and by the rules of the director.
Amended by Act 2019, No. 910,§ 5990, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5989, eff. 7/1/2019.
Amended by Act 2016EX3, No. 11,§ 5, eff. 5/23/2016.
Amended by Act 2016EX3, No. 10,§ 5, eff. 5/23/2016.
Amended by Act 2015, No. 393,§ 81, eff. 9/1/2015.
Acts 1977, No. 429, §§ 19, 36; A.S.A. 1947, §§ 71-2140, 71-2157; Acts 2005, No. 2237, § 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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-338 - [Repealed]

Repealed by Act 2015, No. 393,§ 82, eff. 9/1/2015.
Acts 1977, No. 429, § 19; A.S.A. 1947, § 71-2140.
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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-339 - Commission - Notice to law enforcement

(a)
The Director of the Division of Arkansas State Police shall notify the sheriff of the county and the chief of police of the city, if applicable, in which the applicant resides of the application for a commission to be a commissioned security officer or a commissioned school security officer.
(b)
A sheriff or chief of police who wishes to object to the issuance of a commission as a commissioned security officer or a commissioned school security officer to a particular applicant may do so by notifying the director of his or her objection with specific reasons within thirty (30) days after the date of receipt of notification under this section.
(c)
If a sheriff or chief of police who is given notice under this section files an objection and the director finds good cause to consider the objection to have merit, the director may deny the application for the commission.
Amended by Act 2019, No. 910,§ 5991, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 83, eff. 9/1/2015.
Acts 1977, No. 429, § 19; A.S.A. 1947, § 71-2140.
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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-340 - Commission - Issuance of identification card

Each commission as a commissioned security officer or a commissioned school security officer issued under this chapter shall be in the form of a commission photo identification card designed by the Director of the Division of Arkansas State Police that shall identify:
(1)
The commission holder;
(2)
The security department of a private business or school by whom the commission holder is employed;
(3)
A photograph of the credential holder; and
(4)
A credential number and date of expiration.
Amended by Act 2019, No. 910,§ 5992, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 84, eff. 9/1/2015.
Acts 1977, No. 429, § 19; 1979, No. 907, § 13; 1981, No. 792, § 11; A.S.A. 1947, § 71-2140; Acts 1999, No. 1493, § 14.
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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-342 - Commission - Termination

If the holder of a commission terminates his or her employment with the licensee or the security department of a private business or school, he or she shall return the commission photo identification card to the Director of the Division of Arkansas State Police within seven (7) days of the date of termination of the employment.
Amended by Act 2019, No. 910,§ 5993, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 85, eff. 9/1/2015.
Acts 1977, No. 429, § 19; 1981, No. 792, § 11; A.S.A. 1947, § 71-2140; Acts 1999, No. 1493, § 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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-343 - Commission - Expiration

A commission as a commissioned security officer or a commission as a commissioned school security officer expires two (2) years after the date it is issued.
Amended by Act 2015, No. 393,§ 86, eff. 9/1/2015.
Acts 1977, No. 429, § 19; 1979, No. 907, § 13; A.S.A. 1947, § 71-2140; Acts 2005, No. 2237, § 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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-344 - Commission - Denial, suspension, or revocation

The Director of the Division of Arkansas State Police may deny, suspend, or revoke a commission as a commissioned school security officer or a commission as a commissioned security officer if the applicant for a commission or the commission holder is indicted or arrested for one (1) of the following offenses or a comparable offense in another state:
(1)
A felony;
(2)
A Class A misdemeanor;
(3)
A crime involving an act of violence;
(4)
A crime involving the use of a firearm;
(5)
A crime involving the use of alcohol or drugs while in possession of a firearm;
(6)
A crime that results in the person's disqualifying himself or herself from legally possessing a firearm under state or federal law; or
(7)
A crime involving moral turpitude.
Amended by Act 2019, No. 910,§ 5994, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 87, eff. 9/1/2015.
Acts 1977, No. 429, § 19; 1979, No. 907, § 14; A.S.A. 1947, § 71-2140; Acts 1999, No. 1493, § 17; 2005, No. 2237, § 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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-349 - Suspension for nonpayment of child support

(a)
The Director of the Division of Arkansas State Police shall suspend a license, credential, or commission issued under this chapter if the Division of Arkansas State Police is notified by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration that the licensee, credential holder, or commission holder has not paid his or her required child support.
(b)
The licensee, credential holder, or commission holder shall be sent notice of the suspension under this section.
(c)
The licensee, credential holder, or commission holder may be reinstated after:
(1)
Full payment of the amount due through the office; and
(2)
Notification from the office to the division.
Amended by Act 2019, No. 910,§ 5996, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5995, eff. 7/1/2019.
Added by Act 2015, No. 393,§ 88, eff. 9/1/2015.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-350 - Grounds for disciplinary action

(a)
The Director of the Division of Arkansas State Police may suspend or revoke a license, credential, or commission or issue a fine in an amount not to exceed one thousand dollars ($1,000) for each violation of this chapter, or both, or the director may deny an application for a license, credential, or commission, or renewal thereof, on proof that the applicant, licensee, commission holder, or credential holder:
(1)
Violated a provision of this chapter or violated a rule promulgated under this chapter;
(2)
No longer meets the qualifications for the license, credential, or commission under this chapter; or
(3)
Has been arrested for an offense that if convicted would result in disqualification for the license, credential, or commission under this chapter.
(b)
The director may summarily suspend for no more than sixty (60) days a license, credential, or commission if it is shown that the health, safety, or welfare of the public is endangered.
(c)
(1)
The director may suspend a license, credential, or commission of a person who is found guilty of or pleaded guilty or nolo contendere to a felony, a Class A misdemeanor, a crime involving an act of violence, or a crime involving an act of moral turpitude in this state or a comparable offense in another state or territory of the United States or in any foreign country.
(2)
If the licensee is a corporation, proof of actual participation or actual knowledge on the part of the licensee or on the part of an employee of the licensee who is also a credential holder or commission holder is required.
(3)
If the hearing on a license, credential, or commission that has been summarily suspended is adjourned at the request of the licensee, credential holder, or commission holder, the suspension may be continued for the additional period of the adjournment.
Amended by Act 2019, No. 910,§ 5997, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 89, eff. 9/1/2015.
Acts 1977, No. 429, § 11; 1979, No. 907, §§ 5-8; 1981, No. 792, §§ 4-6; 1983, No. 899, §§ 5, 6; A.S.A. 1947, § 71-2132; Acts 2005, No. 2237, §§ 6, 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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-351 - Procedure for denial

(a)
The Director of the Division of Arkansas State Police may deny the issuance of a license, credential, or commission under this chapter.
(b)
The director shall notify the applicant of the director's decision in writing.
(c)
The applicant may appeal the decision to the director, provided he or she perfects the appeal within ten (10) days of the receipt of his or her notice of denial.
Amended by Act 2019, No. 910,§ 5998, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 90, eff. 9/1/2015.
Acts 1977, No. 429, § 11; 1979, No. 907, §§ 5-8; 1981, No. 792, § 6; A.S.A. 1947, § 71-2132.
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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-352 - License, credential, or commission - Record of denial, revocation, or suspension

(a)
If the Director of the Division of Arkansas State Police denies the application or suspends or revokes a license, credential, or commission, or if a fine is imposed, the director's decision shall be in writing.
(b)
The notice of the decision shall be mailed to the applicant, licensee, credential holder, or commission holder within sixty (60) days of the director's decision.
Amended by Act 2019, No. 910,§ 5999, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 91, eff. 9/1/2015.
Acts 1977, No. 429, § 11; 1979, No. 907, §§ 5-8; A.S.A. 1947, § 71-2132.
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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-353 - Reciprocity - Private investigator

A person who is licensed or credentialed under the laws of another state or territory of the United States as a private investigator may apply for a credential as a private investigator in this state upon production of satisfactory proof that:
(1)
The other state or territory grants similar reciprocity to credential holders of this state that coincides with the records on private investigator credential reciprocity maintained by the Division of Arkansas State Police;
(2)
The requirements for licensing or credentialing in the particular state or territory were at the date of the applicant's most recent licensing or credentialing substantially equivalent to the requirements now in effect in this state;
(3)
The applicant meets all the qualifications for the credential as set out in this chapter, including the successful completion of a state and national criminal background check; and
(4)
The applicant meets other reasonable qualifications as may be adopted by the Director of the Division of Arkansas State Police.
Amended by Act 2019, No. 910,§ 6001, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 6000, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 92, eff. 9/1/2015.
Acts 1993, No. 940, § 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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-354 - Fingerprint cards

(a)
The Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation may retain the fingerprints collected for each individual who is fingerprinted under this chapter.
(b)
The Director of the Division of Arkansas State Police may enroll a person issued a license, credential, or commission under this chapter in a program that electronically notifies law enforcement if the person has been arrested.
Amended by Act 2019, No. 910,§ 6002, eff. 7/1/2019.
Amended by Act 2015, No. 393,§ 93, eff. 9/1/2015.
Acts 2005, No. 2237, § 13.
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 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-355 - Appeal of denial, suspension, or revocation - Venue

(a)
The denial, suspension, or revocation of a license, credential, or commission under this chapter by the Director of the Department of Arkansas State Police may be appealed to circuit court and shall be governed by the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(b)
Venue for the appeal to circuit court under this section shall be in Pulaski County, Arkansas.
Added by Act 2015, No. 393,§ 94, eff. 9/1/2015.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 40 - PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (§§ 17-40-101 — 17-40-356) › Subchapter 3 - LICENSE, CREDENTIAL, AND COMMISSION (§§ 17-40-301 — 17-40-356) › Section 17-40-356 - Advertising

Any time that a licensee is engaged in an activity regulated under this chapter, the licensee shall display the company name and license number or a statement referring to a website or toll-free number to obtain licensing information on all advertising and marketing materials, including without limitation letterhead, printed advertisements, electronic media advertisements, decals, and yard signs.
Added by Act 2021, No. 61,§ 1, eff. 2/4/2021.
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 1 - REAL ESTATE LICENSE LAW - GENERAL PROVISIONS (§§ 17-42-101 — 17-42-110) › Section 17-42-101 - Title

This chapter shall be known as the "Real Estate License Law".
Acts 1993, No. 690, § 25.
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 1 - REAL ESTATE LICENSE LAW - GENERAL PROVISIONS (§§ 17-42-101 — 17-42-110) › Section 17-42-102 - Legislative findings and intent

The legislature finds that it is necessary to regulate the practice of real estate brokers and salespersons in order to protect the public health, safety, and welfare. It is the legislature's intent that only individuals who meet and maintain minimum standards of competence and conduct may provide service to the public.
Acts 1993, No. 690, § 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 1 - REAL ESTATE LICENSE LAW - GENERAL PROVISIONS (§§ 17-42-101 — 17-42-110) › Section 17-42-105 - Violations and criminal sanctions

(a)
It is unlawful to:
(1)
Engage in unlicensed real estate activity; or
(2)
Violate this chapter:
(A)
Individually; or
(B)
As an officer, agent, or member of a firm, corporation, partnership, copartnership, association, limited liability company, or other entity by participating in or being an accessory to a violation of this chapter by the firm, corporation, partnership, copartnership, association, limited liability company, or other entity.
(b)
A commissioner of the Arkansas Real Estate Commission, the Executive Director of the Arkansas Real Estate Commission, a commissioner's designee, the executive director's designee, or any licensee residing in the county where the violation occurs may by affidavit institute criminal proceedings for a violation of this chapter without filing a bond for costs.
(c)
The prosecuting attorney for each county shall prosecute any violation of this chapter that occurs in his or her county.
(d)
A violation of this chapter is a Class D felony.
Acts 1993, No. 690, § 20; 2011, No. 865, § 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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 1 - REAL ESTATE LICENSE LAW - GENERAL PROVISIONS (§§ 17-42-101 — 17-42-110) › Section 17-42-106 - Injunction

(a)
If the Arkansas Real Estate Commission has reason to believe that a person has violated a provision of this chapter, the commission or its designee may bring an action in the circuit court of any county in which the person resides or does business to enjoin the person from continuing, engaging in, or doing any act or acts in furtherance of the violation.
(b)
In any action under this section, the circuit court of any county in which the person resides or does business may enter a preliminary injunction, a final injunction, or an order for any other appropriate relief.
Acts 1993, No. 690, § 21; 2011, No. 865, § 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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 1 - REAL ESTATE LICENSE LAW - GENERAL PROVISIONS (§§ 17-42-101 — 17-42-110) › Section 17-42-107 - Capacity to sue and be sued - Definition

(a)
An action or suit shall not be instituted, nor recovery be had, in any court of this state by any person or other legal entity for compensation for performance of any acts described in §
17-42-103(10)
unless at the time of offering to perform and performing any such act or procuring any promise to contract for the payment of compensation for any such contemplated act:
(1)
The person holds an active license under this chapter as a principal broker; or
(2)
The person or other legal entity was the owner of the real estate firm that contracted for or otherwise performed the acts for the compensation that is the subject of the action or suit through either a principal broker or a person approved by the Arkansas Real Estate Commission under §
17-42-301(f)
while licensed or approved by the commission at the time of the acts.
(b)
No salesperson, executive broker, or associate broker may sue in his or her own capacity for the recovery of fees, commissions, or compensation for services as a salesperson, executive broker, or associate broker unless the action is against the principal broker with whom he or she is licensed or was licensed at the time the acts were performed.
(c)
(1)
As used in this subsection, "systematic residential rental property inspection program" means a program that requires all persons who reside outside of the State of Arkansas and are owners of residential rental property located within the corporate limits of a municipality in this state to designate an agent for service of process.
(2)
In any municipality that has established a systematic residential rental property inspection program, a licensee as defined under §
17-42-103
shall not have criminal or civil liability to the municipality, to the nonresident owner, or otherwise for any action or inaction of the municipality or owner:
(A)
When acting as an agent for service of process for a nonresident owner;
(B)
Arising from the agent's performance of duties as the agent for service of process; and
(C)
If within three (3) business days of receipt of service of process or at other times established by ordinance in effect as of August 12, 2005, the licensee sends the service of process to the last known address of the nonresident owner.
(3)
This subsection supersedes any provision of common law to the contrary.
Acts 1993, No. 690, § 8; 2001, No. 1172, § 1; 2005, No. 1840, § 1; 2011, No. 865, § 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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 1 - REAL ESTATE LICENSE LAW - GENERAL PROVISIONS (§§ 17-42-101 — 17-42-110) › Section 17-42-108 - Disclosure requirement

(a)
(1)
In every real estate transaction involving a licensee, the licensee shall clearly disclose to all parties or to their agents which party or parties he or she is representing.
(2)
A licensee may represent more than one (1) party to a real estate transaction pursuant to and subject to rules of the Arkansas Real Estate Commission.
(b)
The timing, method, and other requirements of such a disclosure shall be established by the commission, and the commission shall also determine the consequences of failure to make disclosure in accordance with such requirements.
Amended by Act 2019, No. 315,§ 1458, eff. 7/24/2019.
Acts 1993, No. 690, § 16; 1995, No. 399, § 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 1 - REAL ESTATE LICENSE LAW - GENERAL PROVISIONS (§§ 17-42-101 — 17-42-110) › Section 17-42-109 - Civil penalties for engaging in unlicensed real estate activity

(a)
If after notice and a hearing in accordance with this chapter and the Arkansas Administrative Procedure Act, §
25-15-201
et seq., the Arkansas Real Estate Commission finds that a person has engaged in unlicensed real estate activity, the commission may impose a civil penalty of no more than five thousand dollars ($5,000) and assess costs against the person.
(b)
The fact that a person offers to engage in or offers to perform any practice, act, or operation set forth in §
17-42-103(10)
without a license is prima facie evidence that the person is engaged in unlicensed real estate activity.
(c)
In addition to civil penalties imposed under this section, the commission may require the person engaged in unlicensed real estate activity to reimburse any compensation, fees, or other remuneration collected during the unlicensed real estate activity.
Acts 2011, No. 865, § 6.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 1 - REAL ESTATE LICENSE LAW - GENERAL PROVISIONS (§§ 17-42-101 — 17-42-110) › Section 17-42-110 - Broker's price opinions

(a)
A licensee may prepare, provide, and collect a fee for issuing a broker's price opinion for:
(1)
An existing or potential seller for the purposes of listing and selling real estate;
(2)
An existing or potential buyer of real estate;
(3)
A third party making decisions or performing due diligence related to the potential listing, offering, sale, exchange, option, lease, or acquisition price of real estate; or
(4)
(A)
An existing or potential lienholder.
(B)
However, a broker's price opinion prepared for an existing or potential lienholder in conjunction with the purchase of a buyer's principal residence shall not be used as the primary basis to determine the value of the buyer's principal residence for the purpose of a loan origination of a residential mortgage loan secured by the buyer's principal residence.
(b)
The Arkansas Real Estate Commission may prescribe rules for the preparation and issuance of a broker's price opinion.
(c)
Licensees shall have the authority to prepare and provide broker's price opinions pursuant to this section, notwithstanding the provisions of the Arkansas Appraiser Licensing and Certification Act, §
17-14-101
et seq., §
17-14-201
et seq., and §
17-14-301
et seq.
(d)
A broker's price opinion or market analysis issued by a real estate licensee shall not contain the terms "market value", "appraised value", or "appraisal".
Acts 2011, No. 762, § 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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 2 - ARKANSAS REAL ESTATE COMMISSION (§§ 17-42-201 — 17-42-205) › Section 17-42-201 - Creation - Members

(a)
(1)
The Arkansas Real Estate Commission shall consist of five (5) members, appointed by the Governor for terms of three (3) years, whose terms shall begin on January 1 and end on December 31 of the third year or when their respective successors are appointed and qualified.
(2)
(A)
Three (3) members shall have been licensed real estate brokers or licensed real estate salespersons for not fewer than five (5) years before their nominations.
(B)
The Governor shall consult the Arkansas Realtors Association before making an appointment to fill a vacancy.
(3)
(A)
Two (2) members shall not be actively engaged in or retired from the business of real estate.
(B)
One (1) shall represent consumers, and one (1) shall be sixty (60) years of age or older and shall represent the elderly.
(C)
Both shall be appointed from the state at large, subject to confirmation by the Senate.
(D)
The two (2) positions may not be held by the same person.
(E)
Both shall be full voting members but shall not participate in the grading of examinations.
(b)
Each commissioner may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq.
(c)
Appointments made by the Governor under this section shall be subject to confirmation by the Senate.
Amended by Act 2015, No. 1100,§ 27, eff. 7/22/2015.
Acts 1993, No. 690, § 5; 1997, No. 250, § 147.
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 2 - ARKANSAS REAL ESTATE COMMISSION (§§ 17-42-201 — 17-42-205) › Section 17-42-202 - Organization - Employees

(a)
(1)
Immediately upon the qualification of the member appointed in each year, the Arkansas Real Estate Commission shall meet and organize by selecting from its members a chair and vice chair.
(2)
A simple majority shall constitute a quorum.
(3)
The commission shall meet as often as necessary or desirable in order to conduct its business.
(b)
(1)
The commission shall employ an executive director and such staff as may be necessary to carry out the provisions of this chapter and to put into effect the rules the commission may promulgate.
(2)
The Executive Director of the Arkansas Real Estate Commission shall have such duties, authority, and responsibility as the commission may designate, or as necessarily implied herein.
(3)
The commission shall fix the salaries of employees.
Amended by Act 2019, No. 315,§ 1459, eff. 7/24/2019.
Acts 1993, No. 690, §§ 5, 6.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 2 - ARKANSAS REAL ESTATE COMMISSION (§§ 17-42-201 — 17-42-205) › Section 17-42-203 - Powers and duties

(a)
The Arkansas Real Estate Commission may do all things necessary and convenient for carrying into effect the provisions of this chapter and may from time to time promulgate necessary or desirable rules.
(b)
The commission shall have power to administer oaths.
(c)
The commission shall adopt a seal with such design as it may prescribe engraved thereon.
(d)
Copies of all records and papers in the office of the commission, certified and authenticated by the commission, shall be received in evidence in all courts equally and with like effect as the originals.
(e)
The commission:
(1)
Shall maintain in writing or in electronic format a list of the names and addresses of all active licensees licensed by it under the provisions of this chapter; and
(2)
May publish in writing or in electronic format the names of all persons who have been sanctioned under §
17-42-312
or by consent order, together with other information relative to the enforcement of the provisions of this chapter as it may deem of interest to the public.
(f)
The commission may conduct or assist in conducting real estate institutes and seminars and incur and pay the reasonable and necessary expenses in connection therewith. The institutes or seminars shall be open to all licensees.
(g)
The commission is authorized to make reasonable charges for materials provided by the commission and for services performed in connection with providing materials.
(h)
(1)
The commission may establish reasonable procedures that shall be used by licensees participating in real estate auctions.
(2)
For the protection of the public, licensees who participate in real estate auctions also shall be required to be licensed by the Auctioneer's Licensing Board.
(3)
Notwithstanding subdivision (h)(2) of this section, the commission shall have sole jurisdiction over licensees and their actions when participating in real estate auctions.
Amended by Act 2019, No. 315,§ 1460, eff. 7/24/2019.
Amended by Act 2019, No. 386,§ 23, eff. 7/24/2019.
Acts 1993, No. 690, § 5; 2005, No. 1173, § 1; 2007, No. 263, § 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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 2 - ARKANSAS REAL ESTATE COMMISSION (§§ 17-42-201 — 17-42-205) › Section 17-42-204 - Disposition of funds - Fund created

(a)
Except as otherwise provided herein, all fees, charges, fines, and penalties collected by the Arkansas Real Estate Commission shall be deposited into a fund to be known as the "Arkansas Real Estate Commission Fund".
(b)
The commission is empowered to expend funds appropriated from the Arkansas Real Estate Commission Fund for the requirements, purposes, and expenses of the commission under the provisions of this chapter.
Acts 1993, No. 690, § 5; 2007, No. 263, § 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 42 - REAL ESTATE LICENSE LAW (§§ 17-42-101 — 17-42-702) › Subchapter 2 - ARKANSAS REAL ESTATE COMMISSION (§§ 17-42-201 — 17-42-205) › Section 17-42-205 - Subpoenas and subpoenas duces tecum

(a)
The Arkansas Real Estate Commission shall have the power to issue subpoenas and subpoenas duces tecum in connection with both its investigations and hearings.
(b)
A subpoena duces tecum may require any book, writing, document, or other paper or thing which is germane to an investigation or hearing conducted by the commission to be transmitted to the commission.
(c)
(1)
Service of a subpoena shall be as provided by law for the service of subpoenas in civil cases in the circuit courts of this state, and the fees and mileage of officers serving the subpoenas and of witnesses appearing in answer to the subpoenas shall be the same as provided by law for proceedings in civil cases in the circuit courts of this state.
(2)
(A)
The commission shall issue a subpoena or subpoena duces tecum upon the request of any party to a hearing before the commission.
(B)
The fees and mileage of the officers serving the subpoena and of the witness shall be paid by the party at whose request a witness is subpoenaed.
(d)
(1)
In the event a person shall have been served with a subpoena or subpoena duces tecum as herein provided and fails to comply therewith, the commission may apply to the circuit court of the county in which the commission is conducting its investigation or hearing for an order causing the arrest of the person and directing that the person be brought before the court.
(2)
The court shall have the power to punish the disobedient person for contempt as provided by law in the trial of civil cases in the circuit courts of this state.
Acts 1993, No. 690, § 5.