reglab/statecodes huggingface dataset:
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.96-006 - Reg. 60 - Pharmacy Technicians

Current through Register Vol. 49, No. 6, June, 2024
REGULATION
		  60
- PHARMACY TECHNICIANS
I.
DEFINITIONS:
A.
PHARMACY
		  TECHNICIAN:
This term refers to those individuals identified as
		  Pharmacist Assistants in Arkansas Code §
									17-92-801.
		  Pharmacy Technicians are those pharmacy personnel, exclusive of pharmacy
		  interns, who are regular paid employees of the pharmacy or hospital and assist
		  the pharmacist in pharmaceutical services.
B.
SUPERVISION:
Supervision means that the responsible pharmacist must be physically present to
		  observe, direct, and supervise the pharmacy technician at all times when the
		  pharmacy technician performs acts specified in this regulation. The supervising
		  pharmacist is totally and absolutely responsible for the actions of the
		  pharmacy technician.
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.97-004 - Regulation 11 - Minimum Prescription Equipment

Current through Register Vol. 49, No. 6, June, 2024
11. Minimum prescription equipment
		  specifications as authorized by the Arkansas State Board of Pharmacy are:
1. Graduates capable of measuring from .1 ml
		  to at least 120ml.
2. Mortars and
		  pestles-at least one (porcelain or glass).
3. Hot and cold running water in prescription
		  department.
4. Spatulas.
5. Ointment slab or ointment
		  papers.
6. Exempt narcotic record
		  book.
7. Class III Balance and
		  Weights.
8. Equipment for
		  Labeling.
9. Pharmacy Library-Each
		  pharmacy shall have:
(a) . available for use
		  by the pharmacist and use by the patient either current drug information
		  manuals, or computer capability of printing current drug information for the
		  pharmacist and patient drug information and monographs for patients. (i.e: The
		  U.S.P. DI 3 Book Set including "Drug Information for the Healthcare
		  Professional" {2 Volumes} and "Advice for the Patient" {1 Volume}); or "Drug
		  Facts and Comparisons" and "Patient Drug Facts")
(b) other pharmacy reference books and
		  periodicals necessary for effective pharmacy practice.
EXCEPTIONS: Pharmacies meeting the requirements of Regulation 38
			 or Regulation 43 shall be exempted from requirements of this Regulation when
			 not applicable. (10/09/80) (Revised 6/25/83, 4/07/89 and 6/07/90)
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.97-005 - Regulation 61 - Prescription Orders to Administer Medication and/or Immunizations

Current through Register Vol. 49, No. 6, June, 2024
REGULATION
		  61
PRESCRIPTION ORDERS TO ADMINISTER MEDICATION AND/OR
			 IMMUNIZATIONS
A. MEDICATION
		  ADMINISTRATION ADVISORY COMMITTEE:
1. The
		  purpose of the Medication Administration Advisory Committee shall include
		  functioning in an advisory capacity to assist the Board with implementation and
		  oversight of the provisions regarding medication administration
		  authority.
2. The Medication
		  Administration Advisory Committee shall be composed of five members, to be
		  approved by the Governor, who have the following qualifications:
a. Two members shall be licensed physicians
		  selected from a list of three names per position submitted jointly by the State
		  Medical Board and the Arkansas Medical Society.
b. Two members shall be licensed pharmacists-
		  one pharmacist shall be recommended by the Arkansas Pharmacists Association and
		  one pharmacist shall be a member of the Arkansas State Board of
		  Pharmacy.
c. One member shall be an
		  advanced practice nurse holding a certificate of prescriptive authority
		  selected from a list of three names submitted jointly by the State Nursing
		  Board and the Arkansas Nurses Association.
d. The Board may remove any advisory
		  committee member, after notice and hearing for incapacity, incompetence,
		  neglect of duty, or malfeasance in office.
e. The members shall serve without
		  compensation, but may be reimbursed to the extent special moneys are
		  appropriated therefor for actual and necessary expenses incurred in the
		  performance of their duties.
3. The five initial members appointed to the
		  committee shall draw lots to determine staggered lengths of their initial
		  terms. Successive members shall serve three (3) year terms.
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.97-008 - Regulation 37 - Emergency kits for long-term care facilities

Current through Register Vol. 49, No. 6, June, 2024
37.
(A) With recognition of D.E.A.'s statement of
		  policy regarding emergency kits for long-term-care facilities, the following
		  regulation is adopted.to meet D.E.A. requirements to permit controlled
		  substances to be stored in emergency kits in long-term-care facilities in
		  Arkansas.
REQUIREMENTS:
1. All
		  contents of the emergency kit will be provided by one pharmacy designated by
		  the long-term-care facility. This pharmacy must-be properly registered with
		  D.E.A.
2. The emergency kit shall
		  be properly sealed, stored, and accessible only to authorized
		  personnel.
3. The emergency kit
		  contents may be administered by authorized personnel acting on order of a
		  physician in compliance with
		  21 CFR
		  1306.11 and
		  21 CFR
		  1306.21.
4. The Board of pharmacy will establish a
		  standerd list of drug categories to be contained the emergency kit. The
		  contents of the kit shall be determined by the Pharmaceutical Services
		  committee, at the long term care facility and reviewed by the Executive
		  Director of the Board of Pharmacy Any exception to the established standard
		  categories must be approved by the Board of Pharmacy. A list of contents shall
		  be kept in the kit.
5. The
		  facility's licensed consultant pharmacist shall be responsible for the
		  accountability of the content of the kit and the facility's licensed consultant
		  pharmacist shall check the kit periodically for outdated drugs, etc.
6. Legend drugs administered from the kit
		  will be replaced within 72 hours by the designated provider pharmacy based on a
		  prescription for the patient to whom the drugs were administered.
7. If the requirements of this regulation are
		  violated, the violation shall be good cause to revoke, deny, or suspend
		  permission for the facility to maintain an emergency Kit.
8. Violation of this regulation shall be just
		  cause to suspend or revoke the consulting license of the responsible
		  pharmacist.
9. Emergency kit drugs
		  shall be of such a nature that the absence of such drugs would detrimentally
		  affect the health of the patient. 10/14/81
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.97-010 - Regulation 56 - Schedule II Prescription Drugs

Current through Register Vol. 49, No. 6, June, 2024
56. Schedule II Prescription Drugs
I. Emergency Prescriptions - In the case of
		  an emergency situation as defined by this regulation, a pharmacist may dispens
		  a controlled substance listed in Schedule II upon receiving oral authorzation
		  of a prescribing individual practitioner -- provided that the quantify
		  prescribed and dispensed is limited to the amount adequate to treat the patient
		  during the emergency period (never more than 72 hours). Dispensing, beyond the
		  emergency period, must be pursuant to a written prescription signed by the
		  prescribing individual practitioner. For the purposes of authorizing an oral
		  prescription for a controlled substance listed in Schedule II of the Arkansas
		  Controlled Substance List, the term "emergency situation" means those
		  situations in which the prescribing practitioner determines that:
(A) Immediate administration of the
		  controlled substance is necessary for proper treatment of the intended ultimate
		  user;
(B) No appropriate
		  alternative treatment is available (which includes the administration of a drug
		  which is not a Schedule II), and
(C) It is not reasonably possible for the
		  prescribing practitioner to provide a written prescription to be presented to
		  the pharmacist dispensing the drug prior to the dispensing.
The prescription shall be immediately reduced to writing by the
			 pharmacist. Within seven (7) days after authorizing an emergency oral
			 prescription, the prescribing practitioner shall cause a written prescription
			 for the emergency quantity prescribed to be delivered to the dispensing
			 pharmacist. The statement "Authorization for Emergency Dispensing," and the
			 date of the oral order, must be on the face of the prescription. Upon receipt,
			 the dispensing pharmacist shall attach this prescription to the oral emergency
			 prescription which had earlier been reduced to writing The pharmacist shall
			 notify the nearest office of the D.E.A. if the prescribing practitioner fails
			 to deliver a written perscription-failure of the pharmacist to do so shall void
			 the authority conterred by this regulation to dispense without a written
			 prescription of a prescribing practitioner.
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.97-011 - Regulation 64 - Prescription Transfers

Current through Register Vol. 49, No. 6, June, 2024
PROPOSED REGULATION 64-PRESCRIPTION TRANSFERS:
A. The transfer of original prescription
		  information for a legend drug or a controlled substance listed in Schedules
		  III, IV, or V for the purpose of refill dispensing is permissible between
		  pharmacies on a one-time basis only. However, pharmacies electronically sharing
		  a real-time, on-line database may transfer up to the maximum refills permitted
		  by law and the prescriber's authorization. Transfers are subject to the
		  following requirements:
(1) The transfer is
		  communicated directly between two licensed pharmacists and the transferring
		  pharmacist records the following information:
(a) Write the word "Void" on the face of the
		  invalidated prescription.
(b)
		  Record on the reverse of the invalidated prescription the name, address, and
		  DEA registration number of the pharmacy to which it was transferred and the
		  name of the pharmacist receiving the prescription information.
(c) Record the date of the transfer and the
		  name of the pharmacist transferring the information.
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.98-004 - Regulation 53 - Practice after Inactivity when Reciprocating a License

Current through Register Vol. 49, No. 6, June, 2024
53. Practice After
		  Inactivity when Reciprocating or Reinstating a License
To be reinstated and immediately practice without supervision,
			 the pharmacist's license shall not have lapsed more than two calendar
			 years.
To be reciprocated and immediately practice without supervision,
			 the pharmacist shall have practiced the profession of pharmacy, as defined by
			 law, and in a licensed facility at least 40 hours per year in the previous two
			 calendar years.
If these criteria are not met, the pharmacist must:
1. Prior to resuming the unsupervised
		  practice of pharmacy, practice 40 hours under direct pharmacist supervision of
		  an Arkansas licensed pharmacist for each year or part of year out of practice.
		  This time under supervision shall not exceed 240 hours.
2. Cause the supervising pharmacist to
		  document, in writing to the Board, that the pharmacist has completed the
		  designated number of hours of supervised practice.
3. Meet with a Board representative in a
		  practice situation so that the Board representative, by observation,
		  questioning, and other methods as required, can assure the pharmacist is able
		  to competently practice pharmacy.
4. Meet the same continuing education
		  requirements for a pharmacist reactivating his/her license from inactive status
		  pursuant to Regulation 32 (III. E.). (10/12/93 Amended 6/18/98)
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.98-005 - Regulation 32 - Continuing Education

Current through Register Vol. 49, No. 6, June, 2024
32. CONTINUING EDUCATION
I. Arkansas Tripartite Committee on
		  Continuing Pharmacy Education:
A. The Arkansas
		  Tripartite Committee on Continuing Pharmacy Education, hereinafter referred to
		  as the Committee, is established to .maintain! professional competence through
		  continuing education. The Committee shall consist of the Executive Director of
		  the Arkansas State Board of Pharmacy, the Dean of the University of Arkansas
		  College of Pharmacy, and the Executive Vice President of the Arkansas
		  Pharmacists Association or the designated representatives of these
		  individuals.
B. The general areas
		  of responsibility for the Committee shall be following:
1. Plan and coordinate continuing education
		  opportunities.
2. Promote research
		  in continuing pharmacy education.
3. Develop information and record systems,
		  pertaining to the participation of pharmacists licensed in the state of
		  Arkansas, in continuing education.
4. Make recommendations to the Arkansas State
		  Board of Pharmacy concerning Continuing Education Regulations.
C. The Committee will meet
		  periodically review and recommend changes in the criteria by which the
		  continuing education will be approved and to accomplish the above
		  responsibilities.
D. The Executive
		  Director of the Board of Pharmacy will carry out approval of continuing
		  education according to the guidelines below.
E. The Executive Director of the Board of
		  Pharmacy will act as Chairman of the Committee.
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.99-004 - 04-00-0004 - Pick Up Stations

Current through Register Vol. 49, No. 6, June, 2024
04-00-0004 -PICK UP STATIONS
No person, firm, or business establishment shall offer to the
			 public, in any manner, their services as a "pick-up-station" or intermediary
			 for the purpose of having prescriptions filled or delivered, whether for profit
			 of gratuitously. Nor may the owner of any Pharmacy or Drug Store authorize any
			 person, firm, or business establishment to act for them in this manner provided
			 however, intermediary delivery stations after approval by the Board may be
			 operated in Clinics in which a practitioner is in attendance at least one day
			 per week and located in an area where pharmaceutical services are unavailable
			 within ten miles of the Clinic provided the filled prescriptions are delivered
			 to a designated representative of the pharmacist filling the prescription.
			 10/09/80 (Amended 2/17/82, 8/19/99)
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.99-005 - 07-00-0003 - Signing Prescriptions

Current through Register Vol. 49, No. 6, June, 2024
07-00-0003 -SIGNING PRESCRIPTIONS
Every licensed pharmacist or intern who shall fill or refill a
			 prescription, shall attest that he has personally filled said prescription by
			 placing upon said prescription his signature with date thereof unless the
			 pharmacy is electronically processing prescriptions. If the pharmacy uses an
			 electronic prescription processing system, they must fill prescriptions in
			 accordance with Regulation 07-00-0008. 10/09/80 (Revised 10/14/81, 6/20/91 and
			 8/19/99)
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.99-006 - 09-01: Disease State Management

Current through Register Vol. 49, No. 6, June, 2024
09-01:
DISEASE STATE
		  MANAGEMENT
09-01-0001
-AREAS OF PRACTICE IN DISEASE STATE MANAGEMENT
The Board of Pharmacy will recognize the following areas of
			 practice in Disease State Management. This list may be expanded, as standard
			 exams in other areas become available.
1. Asthma
2. Anticoagulation Therapy
3. Diabetes
4. Dyslipidemia
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.99-007 - 04-04: Out of State Pharmacies

Current through Register Vol. 49, No. 6, June, 2024
04-04:
OUT OF STATE
		  PHARMACIES
04-04-0001 -OUT OF
		  STATE PHARMACY REGULATION
Out-of-State Pharmacies shall comply with the following
			 qualifications to be and remain licensed in Arkansas by the Board.
1.
A. The
		  pharmacy holds a current license in good standing in the state(s) in which it
		  is located.
B. Each pharmacist
		  dispensing drugs into Arkansas shall be licensed as a pharmacist in Arkansas or
		  in the state where he practices if that state has standards of licensure at
		  least equivalent to those of Arkansas.
Arkansas Administrative Code › Agency 071 - State Board of Physical Therapy › Rule 071.00.05-001 - Rules for the State Board of Physical Therapy

Current through Register Vol. 49, No. 6, June, 2024
ARKANSAS STATE BOARD OF PHYSICAL THERAPY RULES AND
			 REGULATIONS
I.
Officers
		  and Meetings
A. Officers shall:
1. Consist of a chairperson and a
		  secretary/treasurer, each of whom shall have the privilege of
		  re-election.
2. Officers shall be
		  elected annually in July, unless otherwise determined by the Board.
Arkansas Administrative Code › Agency 071 - State Board of Physical Therapy › Rule 071.00.14-001 - Arkansas State Board of Physical Therapy Rules and Regulations (2014)

Current through Register Vol. 49, No. 6, June, 2024
ARKANSAS STATE BOARD OF PHYSICAL THERAPY RULES AND
			 REGULATIONS
I.
Officers
		  and Meetings
A. Officers shall:
1. Consist of a chairperson and a
		  secretary/treasurer, each of whom shall have the privilege of
		  re-election.
2. Officers shall be
		  elected annually in July, unless otherwise determined by the Board.
Arkansas Administrative Code › Agency 073 - Board of Podiatric Medicine › Rule 073.00.18-001 - Rule and Regulations

Current through Register Vol. 49, No. 6, June, 2024
ARTICLE I
DEFINITIONS
The "Board" will be construed as meaning the Arkansas Board of Podiatric Medicine.
ARTICLE II
APPLICATION FOR EXAMINATION
1. Official application forms are available on the Board's website. No application for examination will be considered unless fully and completely filled out on this form and properly attested.
2. An applicant must have official documentation sent to the Secretary of the Board from the National Board of Podiatric Medical Examiners that a passing score was achieved by the applicant on the American Podiatric Medical Licensing Examination (APMLE) Part I and Part II of the National Board Examination.
3. An applicant may take the state examination or submit official documentation from the National Board of Podiatric Medical Examiners of a passing score on the Part III Examination.
4. No applicant will be admitted to the state examination except on presentation of a valid driver's license or other form of government-issued photo identification.
5. Applications should be sent to the address provided on the Board's website.
6. The fee for examination, as set by the Board shall accompany the application. The fee shall be sent in form of cashier's check, personal check or money order.
7. The applicant will furnish with the application transcripts under seal of the college or colleges of podiatric medicine attended.
8. Applicants shall provide themselves with pen and ink to be used in writing the state examination. Paper and other materials will be furnished by the Board.
9. All applications must be completed and submitted to the Board at least sixty (60) days prior to the state Board examination, unless otherwise provided by law.
10. The application is subject to Arkansas law at the time of consideration of the application by the Arkansas Board of Podiatric Medicine.
11. The state examination shall be conducted in English.
12. All state examinations shall be conducted in the presence of at least one member of the Board.
13. If an applicant fails to pass the state examination, the applicant may appear before the Board for not more than two examinations, all of which must be taken within a period of six months from the date of the first examination of the applicant.
14. An applicant who can demonstrate that he meets the following criteria may have his license reinstated upon payment of the application fee:
(A) Was previously licensed as a podiatrist at any time in this state;
(B) Held his or her license in good standing at the time of licensing;
(C) Did not have his or her license revoked for:
(i) An act of bad faith; or
(ii) A violation of law, rule, or ethics;
(D) Is not holding a suspended or probationary license in any state; and
(E) Has been practicing as a podiatrist in another state and holds a license there that is in good standing.
Arkansas Administrative Code › Agency 075 - PUBLIC EMPLOYEES RETIREMENT SYSTEM › Rule 075.00.15-001 - Amended Regulation 408

Current through Register Vol. 49, No. 6, June, 2024
In accordance with A.C.A.
			 24-4-101(38),
			 the rate of interest to be charged for all provisions of Chapter
			 4
			 of Title 24 of the Arkansas Code where
			 reference is made to "regular interest" shall be the actuarially assumed rate
			 of return as adopted by the Board of Trustees from time to time. Unless
			 otherwise directed by the Board of Trustees, a change in the rate of "regular
			 interest" shall become effective on the first day of the calendar year. Any
			 commitment already in active payment status at that time wherein APERS has
			 received at least one installment payment shall remain at the rate previously
			 established by the Board.
MARKUP
-APERS Regulation
			 408
REGULATION 408 - REGULAR
		  INTEREST - In accordance with A.C.A.
		  24-4-101(38),
		  the rate of interest to be charged for all provisions of Chapter
		  4 of Title 24 where reference is
		  made to "regular interest",
shall be the actuarially assumed rate of
		  return as adopted by the Board of Trustees from time to time. Unless otherwise
		  directed by the Board of Trustees, a change in the rate of "regular interest"
		  shall become effective on the first day of the calendar year. Any commitment
		  already in active payment status at that time wherein APERS has received at
		  least one installment payment shall remain at the rate previously established
		  by the Board.
APERS REGULATION 408 - REGULAR INTEREST SUMMARY OF
			 AMENDMENT CHANGE TO REGULATION 408
This amendment fixes the interest rate charged and paid as
			 "regular interest" under the provisions of Chapter 4 of Title 24 (laws
			 governing APERS) at the actuarially assumed rate of return on APERS investments
			 adopted by the APERS Board of Trustees. The amendment changes the regular
			 interest rate from a fixed rate to that which mirrors APERS's investment's
			 actuarially-assumed rate of return. Its immediate effect is to lower the rate
			 charged by APERS from 8% to 7.75%.
Arkansas Administrative Code › Agency 075 - PUBLIC EMPLOYEES RETIREMENT SYSTEM › Rule 075.00.19-001 - Amendment 201-1957 - Age of Members - How Established

Current through Register Vol. 49, No. 6, June, 2024
201 - 1957 (5) - Age of Members - How
			 Established
Effective with retirements commencing on or after July 1, 2011,
			 proof of age must be provided by the member directly to APERS before a benefit
			 can be paid. Employer certification of a member's age will not be accepted. One
			 of any of the following documents shall be accepted as proof of age:
1. Birth Certificate,
2. Baptismal or other church records issued
		  before age 5,
3. U.S. Census Report
		  issued 1920 or before,
4. Social
		  Security document other than application for Social Security Number that states
		  age or date of birth recognized by SSA,
5. A valid United States passport
		  or
6. A valid Arkansas Enhanced
		  Security Driver License.
For the following, any combination of two that agree:
1. Marriage license,
2. Insurance policy issued at least 10 years
		  prior to current date,
3. Family
		  Bible,
4. Military
		  discharge,
5. Child's birth
		  certificate,
6. Application for
		  Social Security Number,
7. Birth
		  certificate issued at date when person was older than age 5 when certified by
		  the appropriate administering agency.
Arkansas Administrative Code › Agency 075 - PUBLIC EMPLOYEES RETIREMENT SYSTEM › Rule 075.00.19-004 - Official Rules of the Board of Trustees of the Arkansas Public Employees Retirement System

Current through Register Vol. 49, No. 6, June, 2024
Administration
101
- 1957 (5) - Disclosure Of Information
(as amended in 1987 and May
		  1998)
Disclosure of information from PERS records and meetings shall be
			 open to the public as provided by
			 25-19-101,
			 21-12-203,
			 and other applicable law The Executive Director shall seek the advice of the
			 Attorney General when necessary regarding release of information as provided
			 herein No information on a member's record will be given to any individual or
			 agency except under the following conditions:
1 The individual member may request
		  information on his or her own account by coming to our office in person or by
		  requesting such information in writing.
2 Any person other than the member may
		  receive information on the individual member's account by furnishing the
		  Retirement System with a signed, notarized statement from such individual
		  member asking that such information be given to the named third
		  party.
Arkansas Administrative Code › Agency 075 - PUBLIC EMPLOYEES RETIREMENT SYSTEM › Rule 075.00.19-005 - Arkansas Judicial Retirement System Board of Trustees' Rules

Current through Register Vol. 49, No. 6, June, 2024
ARKANSAS JUDICIAL RETIREMENT SYSTEM BOARD
			 RULES
RULE 1 -
		  June 29, 1983-
AMORTIZATION PERIOD FOR UAAL
- Adopted amortization
		  period for actuarial purposes (unfunded liabilities) of 30 years.
RULE 2 - June 29, 1983 -
PRO-RATA
		  BENEFIT
- Authorized pro-rata benefit payments when eligibility begins on
		  some date other than the first of the month.
RULE 3 - September 9, 1983 -
NUMBER OF
		  TRUSTEES REQUIRED TO MAKE INVESTMENT DECISION
- Repealed February 5,
		  1998.
RULE 4 - April 12, 1984 -
RECIPIENT BENEFIT
- In the event that a retiree or a survivor of a
		  retiree dies, the recipient shall be entitled to benefits for the entire month
		  in which death occurs.
RULE 5 -
		  August 17, 1984 -
APPOINTED JUDGES OPTIONAL PARTICIPATION
(Repealed 1985)
RULE 6 -
		  October 25, 1984 -
BOARD MEETING DATES
(Amended February 5, 1998)
		  - The Board shall meet on the first Thursday of the second month of each
		  quarter and at such other times as called by chair.
RULE 7 - January 16, 1986 -
INSTALLMENT
		  PAYMENT
(as amended April 21, 1988) The Board adopted an installment
		  payment plan as follows.
1. A member may enter
		  in an agreement with the Judicial Retirement System to pay the total amount due
		  in 24 equal monthly installments.
2. The service will not be credited to the
		  member's retirement account until full payment is received by the
		  System.
3. Full payment must be
		  made before a member makes application for monthly benefits.
4. The System will refund to a member the
		  amount paid if the member does not pay in one lump-sum the balance due within
		  six months after termination of covered employment.
5. The System will refund, to the survivor
		  eligible for the refund, the amount paid if a member dies before completing
		  payment.
Arkansas Administrative Code › Agency 075 - PUBLIC EMPLOYEES RETIREMENT SYSTEM › Rule 075.00.22-002 - 24 CAR Section 1-213, DROP Provisions

Current through Register Vol. 49, No. 6, June, 2024
(a)
Contributions to DROP
		  account.
(1)
(A) For a member who has thirty (30) or more
		  years of actual service, the contribution shall:
(i) Be seventy-five percent (75%) of the
		  member's computed benefit after election of a straight life or option benefit,
		  as required by Subchapter 8 of Chapter 3 of Title 24 of the Arkansas Code;
		  and
(ii) Include the temporary
		  annuity, if applicable.
Arkansas Administrative Code › Agency 075 - PUBLIC EMPLOYEES RETIREMENT SYSTEM › Rule 075.00.23-001 - 24 CAR 1-213. Drop provisions

Current through Register Vol. 49, No. 6, June, 2024
(a)
Contributions to DROP
		  account.
(1)
(A) For a member who has thirty (30) or more
		  years of actual service, the contribution shall:
(i) Be seventy-five percent (75%) of the
		  member's computed benefit after election of a straight life or option benefit,
		  as required by Subchapter 8 of Chapter 3 of Title 24 of the Arkansas Code;
		  and
(ii) Include the temporary
		  annuity, if applicable.
Arkansas Administrative Code › Agency 075 - PUBLIC EMPLOYEES RETIREMENT SYSTEM › Rule 075.00.23-002 - APERS Rule 410-Purchase of AR National Guard or Armed Forces Reserve Service Credit

Current through Register Vol. 49, No. 6, June, 2024
Under Ark. Code Ann. §
							24-2-503, members of the Arkansas
			 Public Employees' Retirement System are eligible to purchase service credit for
			 time served in the Arkansas National Guard or armed forces reserve.
A copy of the Form DD-214, or other authorized military document,
			 is utilized to document active duty (IADT, AD). All other National Guard
			 service (Inactive duty training (IDT), Annual Training (AT) and Active Duty for
			 Training (ADT)) must be documented with a copy of NGB Form 23 or other
			 authorized military document.
Annual salary is defined as "fiscal year salary" that is reported
			 from July of one year to June of the next year. A full year of credited service
			 is defined as "fiscal year" which is from July of one year to June of the next
			 year.
Interest used in the calculation for the purchase of service
			 credit under Ark. Code Ann. §
							24-2-503 shall be applied at the
			 same rate as for the purchase of service credit by a member for time served in
			 the United States Armed Forces under Ark. Code Ann. §
							24-2-502. When the final average
			 of the three (3) highest annual salaries earned at the time of purchase are
			 utilized, interest will be calculated from the end of the most recent year of
			 credited service to the date of payment of full.
Arkansas Administrative Code › Agency 075 - PUBLIC EMPLOYEES RETIREMENT SYSTEM › Rule 075.00.23-003 - APERS Board Rule 312-2011(5) Crediting of service and additional contributions required of local elected officials

Current through Register Vol. 49, No. 6, June, 2024
(a) In compliance with Ark. Code Ann. §
							24-4-521(b)(5), a
		  person who is employed as a local elected official covered by Arkansas Public
		  Employees' Retirement System is eligible to receive enhanced service credit at
		  two (2) times the regular rate of crediting service.
(b)
(1)
		  Pursuant to Ark. Code Ann. §
								24-4-521(b)(5), a
		  person who is employed as a local elected official covered by the system must
		  contribute an additional percentage of his or her compensation for the
		  additional service credit that exceeds the regular rate of crediting service
		  based on the following chart:
Local Elected
						Officials
Requirements for Additional
						Contributions
Contributory/Noncontributory Member
						Status
Beginning Service Date as Elected
						Official
Service Credit
Additional Employer
						Contributions
Additional Employer
						Contributions
Noncontributory
06/30/2011 or earlier
2x regular rate
0%
0%
Noncontributory (elected)
07/01/2011 or later
2x regular rate
2.5%
2.5%
Contributory
12/31/2013 or earlier
2x regular rate
0%
0%
Contributory (elected)
01/01/2014 or later
2x regular rate
2.5%
2.5%
(2) Any
		  noncontributory local elected official who requests a refund of these
		  contributions shall forfeit all service credit for the period represented by
		  the refund.
Arkansas Administrative Code › Agency 075 - PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 01 - Arkansas State Police Retirement System (ASPRS) › Rule 075.01.23-001 - BOARD Rule 14 - Nov. 2003 - DEFERRED RETIREMENT OPTION PLAN (DROP) PROVISIONS FOR MEMBERS CALLED TO ACTIVE DUTY

Current through Register Vol. 49, No. 6, June, 2024
Generally
a. A DROP participant who is called to active
			 duty will provide ASPRS with a copy of his/her Orders that will be maintained
			 in the member's file. A copy of the Orders will be utilized to verify the date
			 that the member is called to active duty.
b. The employer will continue to report the
			 DROP participant on the monthly DROP report. The Agency representative will
			 indicate that the member is on "Military Leave".
c. The employer will continue to pay in to
			 the System the employer contributions on behalf of the DROP
			 participant.
d. When the member is
			 released from active duty, he/she will submit a copy of the DD214 Form or other
			 appropriate documents to ASPRS to verify that the member has returned to
			 covered employment and/or been released from active duty.
Maximum Participation Period
a. A DROP participant who is on active duty
			 shall continue to receive his/her monthly DROP payment (which includes any
			 benefit enhancements awarded to eligible retirees) until the maximum allowable
			 time in the DROP has occurred or the member requests retirement and
			 distribution of his/her DROP account, whichever occurs first.
b. If the member has participated in the DROP
			 for at least three (3) years, he/she must complete a retirement application
			 packet and DROP Distribution Form(s) prior to his/her departure for active duty
			 and deliver the completed forms to the ASPRS Office along with a copy of
			 his/her Orders. The retirement application and DROP Distribution Forms will be
			 held and processed on the effective date indicated unless he/she returns to
			 covered employment within the DROP term under Ark. Code Ann. §
								24-6-306 and Ark. Code Ann. §
								24-6-507.
c. Should the DROP member not deliver a
			 retirement application packet and DROP Distribution Form(s) to ASPRS and the
			 maximum period of DROP participation under Ark. Code Ann. §
								24-6-306 and Ark. Code Ann. §
								24-6-507 expires prior to the
			 member returning to covered employment and/or requesting retirement:
1.
I. the
			 monthly DROP accrual will cease on the fifth anniversary of the member's
			 beginning DROP date and no additional interest will be
			 paid;
Arkansas Administrative Code › Agency 076 - Real Estate Commission › Rule 076.00.00-001 - Regulation 3.1 - Fees

Current through Register Vol. 49, No. 6, June, 2024
Regulation
		  3.1
Fees
The following fees are established at the amounts
			 indicated:
a) Application fee -
		  $50.00
b) Original broker license
		  fee - $70.00
c) Annual renewal
		  broker license fee - $70.00
d)
		  Original salesperson license fee - $50.00
e) Annual renewal salesperson license fee -
		  $50.00
f) Broker expired license
		  fee - $100.00
g) Salesperson
		  expired license fee - $70.00
h)
		  License reissuance fee - $30.00
i)
		  Initial duplicate license fee - $30.00
j) Annual renewal duplicate license fee -
		  $30.00
k) Transfer fee -
		  $30.00
l) Appeal filing fee -
		  $100.00
m) Recovery fund fee -
		  $25.00
n) Examination fee shall be
		  the actual cost charged by the testing service and shall be paid directly to
		  the testing service.
Arkansas Administrative Code › Agency 076 - Real Estate Commission › Rule 076.00.00-002 - Regulation 9.5 - Hearings

Current through Register Vol. 49, No. 6, June, 2024
Regulation
		  9.5
Hearings
(a)
		  Hearings shall be scheduled for a day certain by the director who shall, at
		  least thirty (30) days prior to such hearing date, send notice to all persons
		  entitled to notice thereof of the place and approximate time of said hearing, a
		  statement of the allegations and charges forming the basis for the hearing, and
		  the provisions of the law or regulations thought to be involved therein. The
		  commission shall serve notice of said hearing by mailing same addressed to the
		  licensee at his or her address last known to the Commission or may, in its
		  discretion, serve the licensee by personal delivery of said
		  notice.
Arkansas Administrative Code › Agency 076 - Real Estate Commission › Rule 076.00.00-003 - Regulation 10.2 - Expiration Date for Agency Agreements or Contracts; Regulation 10.10 - Agreements to be Written; Regulation 10.13 - Listing Agreements; Agency Representation Agreements; Signs

Current through Register Vol. 49, No. 6, June, 2024
Regulation 10.2
Expiration Date for
		  Agency Agreements or Contracts.
A licensee shall put a specific determinable or a specific
			 expiration date on all written Agency agreements or contracts or any extensions
			 thereof. (Examples: Listing and Buyer Representation Agreements or
			 Contracts.)
Regulation 10.10
Agreements to be Written.
(b) It
		  is strongly recommended that agency agreements or contracts be in writing.
		  (Examples: Listing and Buyer Representation Agreements or Contracts.)
Arkansas Administrative Code › Agency 076 - Real Estate Commission › Rule 076.00.05-002 - Regulation 7.4 - Branch Office

Current through Register Vol. 49, No. 6, June, 2024
Regulation 7.4
Branch Office.
(a)
		  All branch offices shall have and display a real estate sign and a duplicate
		  principal broker's license. Principal Brokers who wish to open a branch office
		  shall furnish the commission a photograph of the office sign bearing the name
		  of the company and the words "Branch," "Branch Office," or some other variation
		  which must include the word "Branch." If licensees are to be licensed at that
		  branch office, an executive broker shall be designated by the principal broker,
		  to be in charge of the branch office. Such executive broker shall be
		  responsible for any licensee licensed with such branch office pursuant to a
		  written designation of responsibility filed by the principal broker with the
		  Commission on a form provided by the Commission consistent with Regulation
		  10.4(a)(1), and shall not be gainfully employed or engaged in any non-real
		  estate related field pursuant to Regulation 10.4(e).
(b) If such branch office, maintains its own
		  trust account or separate escrow agent the principal broker shall be
		  responsible and accountable for any and all trust funds received by the branch
		  office and any and all deposits to or disbursements from the trust account.
[Amended 11-1-05 ]
Arkansas Administrative Code › Agency 076 - Real Estate Commission › Rule 076.00.05-003 - Section 15 - Real Estate Auction Definitions and Requirements

Current through Register Vol. 49, No. 6, June, 2024
SECTION 15.
REAL ESTATE AUCTION DEFINITIONS AND REQUIREMENTS
15.1
Definitions.
(a) Auction means a method of selling real
		  estate in a public forum through open and competitive bidding.
(b) Auctioneer means any individual who holds
		  an active Arkansas Real Estate license pursuant to ACA §
									17-42-101 et
		  seq. [and an active Arkansas Auctioneer license pursuant to ACA §
									17-17-101 et
		  seq.], who offers, attempts, or agrees to auction real estate or participate in
		  a real estate auction.
(c) Buyer's
		  premium means an advertised percentage of the high bid or flat fee added to the
		  high bid to determine the total contract price to be paid by the
		  buyer.
(d) Absolute Auction means
		  an auction where the real estate is sold to the highest qualified bidder with
		  no minimum bid or limiting conditions. The Seller may not bid personally or
		  through an agent, unless the seller is a party to the dissolution of any
		  marriage, limited liability company, partnership, or corporation, and is
		  bidding as an individual apart from the selling entity. Also known as an
		  auction without reserve.
(e)
		  Auction With Reserve means an auction of real estate in which the Seller or his
		  agent reserves the right to establish a disclosed or undisclosed minimum bid,
		  to accept or reject any and all bids, and to withdraw the real estate at any
		  time prior to the completion of the sale by the Auctioneer. Also known as
		  reserve auction.
Arkansas Administrative Code › Agency 076 - Real Estate Commission › Rule 076.00.09-001 - Regulation 10.4 - Broker Responsibilities; and Regulation 7.4 - Branch Office

Current through Register Vol. 49, No. 6, June, 2024
10.4 Broker
		  responsibilities; executive brokers: part-time brokers.
(a)
(1) A
		  principal broker is generally responsible for all business conducted by the
		  broker's firm and for all of the real estate activities of all of those
		  licensed under or associated with the principal broker, unless the licensee
		  conducted real estate business independently and without permission or
		  authority from the principal broker. If the principal broker learns that a
		  licensee is conducting business independently, that principal broker must
		  comply with Commission Regulation 10.1(a).
Arkansas Administrative Code › Agency 076 - Real Estate Commission › Rule 076.00.11-001 - Regulations: 3.1 - Fees; 10.4 - Broker responsibilities; executive brokers; part-time brokers; 10.16 - Criminal convictions and disciplinary actions; 13.1 - Registration; renewal

Current through Register Vol. 49, No. 6, June, 2024
Regulation
		  3.1
Fees.
The following fees are established at the amounts
			 indicated:
a) Application fee -
		  $50.00
b) Original broker license
		  fee - $70.00
c) Annual renewal
		  broker license fee - $70.00
d)
		  Original salesperson license fee - $50.00
e) Annual renewal salesperson license fee -
		  $50.00
f) Broker expired license
		  fee - $110.00
g) Salesperson
		  expired license fee - $80.00
h)
		  License reissuance fee - $30.00
i)
		  Initial duplicate license fee - $30.00
j) Annual renewal duplicate license fee -
		  $30.00
k) Transfer fee -
		  $30.00
l) Appeal filing fee -
		  $100.00
m) Recovery fund fee -
		  $25.00
n) Examination fee shall be
		  the actual cost charged by the testing service and shall be paid directly to
		  the testing service.
Arkansas Administrative Code › Agency 076 - Real Estate Commission › Rule 076.00.12-001 - Rule 6.3 - Expired licenses; and Section 9 - Complaints, investigations, hearings

Current through Register Vol. 49, No. 6, June, 2024
6.3
Expired licenses.
(a) If an
		  application for the renewal of a license, either active or inactive, and/or the
		  required renewal fee is not received prior to the renewal deadline, such
		  license is deemed to have expired at the end of the renewal period.
(b) A person whose license has expired shall
		  not practice as a real estate broker or salesperson in this state.
(c) Upon reapplication within one (1) year of
		  the last calendar year in which the license was renewed, payment of the
		  required fees, and submission of such additional information as the Commission
		  may require, the license may be reinstated and placed on either active or
		  inactive status for the current license year. However, no license will be
		  issued as active until proof of satisfactory completion of the continuing
		  education requirement as required by Regulation 6.2 is submitted.
(d) Upon successful reapplication the prior
		  year identified as expired will be considered as if inactive for purposes of
		  continuing education requirements.
(e) A former licensee who fails to apply for
		  renewal of an expired license within the prescribed time period shall be
		  regarded as an original applicant.
(f) For purposes of providing notice to and
		  communication with any licensee who permits or has permitted his license to
		  expire and who is the subject of a pending complaint, investigation or hearing
		  pursuant to A. C. A. §
								17-42-312,
		  said licensee shall during any such pending complaint, investigation or hearing
		  notify the Commission in writing within seven (7) days of any change of name or
		  address.
Arkansas Administrative Code › Agency 076 - Real Estate Commission › Rule 076.00.12-002 - Rule 3.1 - Fees: Increases the annual license renewal fees $10 each to the allowed statutory limits of $80 for Brokers and $60 for Salespersons

Current through Register Vol. 49, No. 6, June, 2024
3.1
Fees.
The following fees are established at the amounts
			 indicated:
a) Application fee -
		  $50.00
b) Original broker license
		  fee - $70.00
c) Annual renewal
		  broker license fee - $80.00
d)
		  Original salesperson license fee - $50.00
e) Annual renewal salesperson license fee -
		  $60.00
f) Broker expired license
		  fee - $110.00
g) Salesperson
		  expired license fee - $80.00
h)
		  License reissuance fee - $30.00
i)
		  Initial duplicate license fee - $30.00
j) Annual renewal duplicate license fee -
		  $30.00
k) Transfer fee -
		  $30.00
l) Appeal filing fee -
		  $100.00
m) Recovery fund fee -
		  $25.00
n) Examination fee shall be
		  the actual cost charged by the testing service and shall be paid directly to
		  the testing service.
Arkansas Administrative Code › Agency 076 - Real Estate Commission › Rule 076.00.12-003 - Section 15. Real Estate Auction Definitions and Requirements

Current through Register Vol. 49, No. 6, June, 2024
SECTION 15.
REAL ESTATE AUCTION DEFINITIONS AND REQUIREMENTS.
15.1
Definitions.
(a) Absentee bid means a procedure that
		  allows a bidder to participate in the bidding without being physically
		  present.
(b) Absolute Auction means
		  an auction where the real estate is sold to the highest qualified bidder with
		  no minimum bid or limiting conditions. The seller may not bid personally or
		  through an agent, unless the seller is a party to the dissolution of any
		  marriage, limited liability company, partnership, or corporation, and is
		  bidding as an individual apart from the selling entity. Also known as an
		  auction without reserve.
(c)
		  Auction means a method of selling real estate in a public forum through open
		  and competitive bidding.
(d)
		  Auction agreement means the same as a written listing agreement or written
		  agency agreement for the purposes of this section.
(e) Auction With Reserve means an auction of
		  real estate in which the seller or his agent reserves the right to establish a
		  disclosed or undisclosed minimum bid, to accept or reject any and all bids, and
		  to withdraw the real estate at any time prior to announcement of the completion
		  of the sale by the auctioneer. Also known as reserve auction or as an auction
		  subject to confirmation.
(f)
		  Auctioneer means any individual who holds an active Arkansas Real Estate
		  license pursuant to ACA §
									17-42-101 et
		  seq. [and an active Arkansas Auctioneer license pursuant to ACA §
									17-17-101 et
		  seq.], who offers, attempts, or agrees to auction real estate or participate in
		  a real estate auction.
(g) Bid
		  means a prospective buyer's indication of offer of a price the prospective
		  buyer is willing to pay to purchase real estate at auction.
(h) Buyer's premium means an advertised
		  percentage of the high bid or flat fee added to the high bid to determine the
		  total contract price to be paid by the buyer.
(i) Internet auction means an auction in
		  which a prospective buyer bids using electronic media. The term also includes
		  an auction in which the auctioneer conducts the auction using electronic
		  media.
(j) Rafter Bid or Puffing of
		  a Bid means a fictitious bid used to increase the final sales price.
(k) Reserve means the minimum price that a
		  seller is willing to accept for a property to be sold at auction.
(l) Shill means a person who falsely pretends
		  to have no association with the auctioneer or seller and gives the impression
		  of being an enthusiastic bidder by puffing of a bid.