reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-220 - Operations Manual

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				adoption agency shall have a written operations manual, which shall include:
1. A statement of the adoption agency's
				purpose, philosophy, and program;
2. A list of any eligibility requirements for
				a client;
3. A description of
				services provided to clients and the name of any person or entity providing the
				service, if different from the adoption agency and its employees;
4. An organizational chart explaining the
				adoption agency's lines of authority;
5. Intake policies and procedures;
6. The operational procedures the adoption
				agency follows for delivery of services;
7. Confidentiality policies and
				procedures;
8. Staff training
				policy;
9. Policy for use of
				volunteers;
10. Policy on student
				and intern placement;
11. Policy
				and procedures to be followed in the event of adoptive placement
				disruption;
12. Policy for
				recruitment and selection of adoptive families; and
13. Policy for transferring files if the
				adoption agency goes out of business, including designated personnel or
				positions to handle the transfer.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-221 - Adoption Agency Operations Budget; Financial Records

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before the start of the adoption agency's
				fiscal year, the Governing Body shall adopt a budget that shall reflect
				sufficient funds to pay the costs of the adoption agency's program and shall be
				based on the audit report prepared in compliance with R21-9-222, or, if
				applicable, the documentation required by R21-9-222 subsection (C).
B. The adoption agency shall operate within
				the budget adopted by the Governing Body.
C. The adoption agency shall maintain
				financial records of receipts, disbursements, assets, and liabilities. The
				adoption agency shall maintain its financial records in accordance with
				generally accepted accounting principles; the records shall accurately reflect
				the adoption agency's financial position.
D. The adoption agency shall maintain records
				showing the following information:
1. Each
				adoptive parent's original contract date with the adoption agency;
2. Fees that each adoptive parent has paid to
				the adoption agency and the date of such payments; and
3. Fees that the adoption agency has charged
				to the adoptive parent.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-222 - Annual Financial Audit

Current through Register Vol. 30, No. 28, July 12, 2024
A. An adoption agency shall obtain an annual,
				fiscal year-end, financial audit by an independent certified public accountant.
				The accountant shall conduct the audit in accordance with generally accepted
				auditing standards.
B. The adoption
				agency shall obtain from the auditor a written audit report that shall include
				the following financial information:
1. Income
				statement,
2. Balance
				sheet,
3. Statement of cash
				flows,
4. Statement of monies or
				other benefits the adoption agency has paid or transferred to other business
				entities or individuals affiliated with the adoption agency, and
5. A record of any financial transactions
				between the adoption agency and any other adoption agency.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-223 - Insurance Coverage

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				adoption agency contracted with the State shall have insurance coverage as
				required by the State contract in addition to the requirements of this
				Section.
B. An adoption agency
				shall have insurance coverage that provides protection against financial loss
				as required by this Section, including insurance coverage with the minimum
				scope and limits of liability not less than those stated below.
1. Commercial General Liability - Occurrence
				Form Coverage including bodily injury, property damage, personal injury, and
				broad form contractual liability:
a. General
				Aggregate $2,000,000;
b. Products -
				Completed Operations Aggregate $1,000,000;
c. Personal and Advertising Injury
				$1,000,000;
d. Blanket Contractual
				Liability - Written and Oral $1,000,000;
e. Fire Legal Liability $50,000;
f. Each Occurrence $1,000,000; and
g. The policy shall include coverage for
				sexual abuse and molestation.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-224 - Physical Space Requirements; Transportation of a Child

Current through Register Vol. 30, No. 28, July 12, 2024
A. An adoption agency shall not discuss
				confidential information with a client in a public setting.
B. An adoption agency shall have available a
				physical space in Arizona that provides privacy and security.
C. Meeting Space.
1. Available space. The adoption agency shall
				maintain at its offices in Arizona or have available a local meeting space for
				interviewing children and families and for supervisory conferences.
2. Confidentiality. The adoption agency
				meeting space shall provide privacy for interviews and discussion of
				confidential information.
3.
				Safety. The adoption agency meeting space shall comply with any building,
				health, fire or other codes in effect in the jurisdiction where it is
				located.
4. Telephone. The adoption
				agency meeting space shall have telephone service.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-225 - Protecting Confidentiality of Adoption Records

Current through Register Vol. 30, No. 28, July 12, 2024
The adoption agency shall have and follow a written policy
				  for the maintenance and security of adoption records. The policy shall be
				  consistent with A.R.S. && 8-120, 8-121, and 36-2903.01(Q) and shall
				  specify:
1. The personnel responsible
				for supervision and maintenance of records;
2. The persons who shall and may have access
				to the records;
3. The procedures
				for immediately securing confidential information;
4. The procedures for authorizing release of
				records;
5. The procedures for
				release of records;
6. The
				procedures for security breach or loss of adoption records; and
7. The procedures for transferring
				records.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-226 - Recordkeeping Requirements: Adoptive Children

Current through Register Vol. 30, No. 28, July 12, 2024
The adoption agency shall maintain a case record for each
				  adoptive child. Except as otherwise provided in A.R.S. §
									8-129,
				  the record shall be divided into two sections as follows:
1. Non-identifying information as required by
				A.R.S. & 8-129; and
2.
				Identifying information which shall include:
a. Tapes, videos, or photos of the adoptive
				child or birth parent;
b. Legal
				documents and reports required for adoption;
c. Social, physical, mental, and educational
				history of the child's birth family;
d. Social, physical, mental, and educational
				history of the adoptive child; and
e. A summary of all action taken to prepare
				the child for placement in the adoptive home.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-227 - Recordkeeping Requirements: Adoptive Parents

Current through Register Vol. 30, No. 28, July 12, 2024
The adoption agency shall maintain a case record for each
				  adoptive parent. If the adoptive parent is a member of the same family as
				  another adoptive parent, the adoption agency can maintain one file for the
				  adoptive family. The file shall include:
1. Documentation showing that the adoptive
				parent received the orientation described in
				R21-5-403,
2. The adoptive parent's application for
				certification,
3. The adoptive
				parent's certification report and any recertification reports,
4. A copy or description of the
				non-identifying information the adoption agency has provided to the adoptive
				parent pursuant to A.R.S. §
									8-129(A),
				and
5. A summary of the adoptive
				placement decision and the pre-placement and post-placement contacts with the
				adoptive family and the adoptive child.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-228 - Reporting Requirements: Abuse; Adoption Agency Change; Change of Circumstances of a Child or Family

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				During the period of time that an adoption agency is providing services to an
				adoptive child or family, the adoption agency shall:
1. Immediately report any suspected or
				alleged incident of abuse or neglect of an adoptive child to the Department;
				and
2. Immediately notify an
				adoption agency licensing representative in OLR if an adoptive child dies or
				suffers a serious illness, bodily injury, or psychiatric episode.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-229 - Closure of Adoption Agency: Record Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. An adoption agency shall not destroy any
				files, records, reports, and other papers not filed in or in the possession of
				the court for 99 years;
B. If an
				adoption agency ceases operations, the adoption agency shall do all of the
				following:
1. Transfer the documents
				described in subsection (A) of this section to the Department or to another
				adoption agency in this state if the documents concern a matter that is
				closed;
2. Transfer the documents
				described in subsection (A) of this section to another adoption agency in this
				state if the documents concern a matter that is open;
3. Notify the Department of the transfer of
				any documents to another adoption agency in this state; and
4. Notify all adoptive parents whose files
				the adoption agency is transferring to the Department or another adoption
				agency in this state of the transfer.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-230 - Birth Parent: Service Agreement; Prohibitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before providing services to a birth
				parent, an adoption agency shall enter into a signed written agreement with the
				birth parent. The agreement shall:
1.
				Describe all services the adoption agency shall provide to the birth
				parent;
2. Contain an explanation
				in plain language describing any monies that an adoptive parent may pay to a
				birth parent under A.R.S. &
				8-114,
				including that a birth parent may only receive payments up to $1,000 without
				court approval;
3. Contain an
				itemized statement describing the nature, purpose, and amount of any payments
				the birth parent shall receive through the adoption agency or any entity
				affiliated with the adoption agency under A.R.S. § 8-114;
a. If the actual amount under subsection (3)
				is not known, the adoption agency shall describe how the amount shall be
				calculated, and
b. Include amounts
				only for reasonable and necessary expenses incurred in connection with the
				adoption under A.R.S. & 8-114.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-231 - Adoption Fees; Reasonableness

Current through Register Vol. 30, No. 28, July 12, 2024
A. An adoption agency shall not charge a
				client more than a reasonable fee for services.
B. An adoption agency shall establish,
				maintain, and follow a written policy on the fees it charges a client for
				adoption services. The fee policy shall include all of the adoption agency's
				practices and procedures regarding fees, including the following:
1. A schedule of fees the adoption agency
				charges for each specific service the adoption agency offers, and the time in
				the adoption process when the client is required to pay the fee, broken down,
				at a minimum, as follows:
a. Preregistration
				and registration fees,
b.
				Application and orientation fees,
c. Certification application fee,
d. Certification investigation,
e. Certification report,
f. Certification renewal fees,
g. Placement services,
h. Placement investigation and
				report,
i. Foreign adoption
				services,
j. Post-placement
				services,
k. Fees incurred when a
				child has special needs, and
l.
				Twins or sibling placements;
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-232 - Adoption Fee Agreement

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Before providing services to an adoptive parent, the adoption agency shall
				enter into a written fee agreement with the adoptive parent. Both the adoptive
				parent and an authorized representative of the adoption agency shall sign and
				date the agreement. The adoption agency shall retain the original agreement in
				the adoptive parent's file and provide a copy to the adoptive parent.
B. The fee agreement shall include the
				following terms:
1. A description of all
				services the adoption agency will provide to the adoptive parent and the fee
				for each service; the agreement shall specify how much of the fee is being
				allocated to cover medical expenses, including the cost of prenatal care and
				delivery;
2. A general description
				of any adoption services the adoption agency is not providing but that are
				required to finalize the adoption, with an estimate of the costs of such
				services;
3. The terms of payment,
				including payment due dates and amounts; and
4. A statement advising the client of the
				client's right to receive a copy of the adoption agency's fee policy.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-233 - Monitoring: Inspections and Interviews; Compliance Audit

Current through Register Vol. 30, No. 28, July 12, 2024
A. OLR shall monitor the ongoing operations
				of each adoption agency.
B.
				Monitoring activities may include the following:
1. At least one announced and one unannounced
				onsite inspection of each adoption agency during the licensing year;
2. Interviews of adoption agency personnel
				and clients;
3. A review of the
				adoption agency's books, records, and sample client files; and
4. A compliance audit of the adoption agency,
				as described in subsection (C).
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-234 - Complaints; Investigations

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person may register a complaint about
				an adoption agency with OLR. OLR shall ask persons making oral complaints to
				put the complaint in writing.
B.
				Upon receipt of a complaint, or in response to deficiencies observed by
				Department staff, OLR shall investigate the allegations of the complaint or the
				deficiencies.
C. OLR's
				investigation may include:
1. Interviews with
				the complaining party, adoption agency staff, including a volunteers and
				interns, and adoption agency clients;
2. Inspections of adoption agency records,
				files, or other documents related to the issues raised in the complaint;
				and
3. Any other activities
				necessary to determine the truth of the allegations.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-5-235 - Noncompliance Status: Corrective Action Plan

Current through Register Vol. 30, No. 28, July 12, 2024
A. OLR shall place an adoption agency in
				noncompliance status when an OLR representative observes or receives and
				validates a complaint in an area that does not endanger the health, safety, or
				well-being of a client.
B. OLR
				shall mail the adoption agency written notice of the noncompliance status, the
				reason for that status, and recommendations for changes the adoption agency can
				make to cure the identified problem.
C. No later than 14 days following the date
				of the noncompliance notice, the adoption agency shall provide OLR with a
				written plan showing how the adoption agency shall correct the problem that
				resulted in the noncompliance status, with an estimated time-frame in that the
				adoption agency shall implement the corrective action. OLR may extend the
				14-day time-frame when the adoption agency has demonstrated a good faith effort
				to address and resolve the identified problem.
D. Imposition of a corrective action plan is
				not appealable.
E. Failure to
				comply with the requirements of a corrective action plan may result in an
				adverse licensing action.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-236 - Suspension

Current through Register Vol. 30, No. 28, July 12, 2024
A. OLR may suspend
				an adoption agency's license for violations of the statutes or rules governing
				adoptions, or for any activity that may threaten the health, safety, or welfare
				of any adoption agency client, including the following:
1. When the Department receives a report of
				abuse or neglect alleged to have been committed by adoption agency staff,
				including a volunteer of intern against a child, and the adoption agency fails
				to take protective measures pending an investigative finding;
2. Conduct that causes disruption of a
				placement or adoption;
3. When an
				adoption agency permits an employee who has failed to comply with
				fingerprinting requirements or who has been denied fingerprint clearance to
				continue providing services to children;
4. When an adoption agency refuses to
				cooperate with OLR requests for information that OLR requires for determining
				compliance with the statutes and rules governing provision of adoption
				services;
5. When an adoption
				agency refuses to provide OLR with information OLR has requested during the
				course of a complaint investigation; or
6. When an adoption agency fails to correct a
				problem that resulted in imposition of noncompliance status, within the time
				provided in the adoption agency's corrective action plan.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-237 - Revocation

Current through Register Vol. 30, No. 28, July 12, 2024
A. OLR may revoke a
				license for any of the following reasons:
1.
				When the adoption agency refuses or fails to comply with licensing
				requirements, Arizona or federal laws, local codes or ordinances, or violates a
				statute or rule governing provision of adoption services;
2. When the adoption agency commits any
				activity that may threaten the health, safety, or welfare of any adoption
				agency client, including, but not limited to the circumstances justifying
				license suspension, as prescribed in R21-9-236;
3. When the adoption agency commits fraud or
				intentional misrepresentation in obtaining or renewing its license;
4. When the adoption agency commits fraud or
				intentional misrepresentation in dealing with its clients;
5. When the adoption agency has obtained a
				birth parent's relinquishment and consent to adoption through duress, coercion,
				extortion, or intimidation;
6. When
				the adoption agency knowingly fails to advise an adoptive parent that the
				adoptive child has been abused while in the adoption agency's care or control;
				or
7. When the adoption agency
				violates its agreement with a client for provision of services.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-238 - Adverse Action: Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A. When OLR takes adverse action against
				adoption agency applicant or adoption agency, OLR shall give the affected party
				written notice of such adverse action by first-class or registered
				mail.
B. For the purpose of this
				Section, the following are adverse actions:
1. Denial of an initial or renewal license,
				and
2. Suspension or revocation of
				a license.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-239 - Appeals

Current through Register Vol. 30, No. 28, July 12, 2024
A. An adoption
				agency applicant or adoption agency may appeal an adverse action other than
				imposition of a corrective action plan due to noncompliance status, by filing a
				written notice of appeal with OLR no later than 20 days after receipt of the
				notice or letter advising the adoption agency of the adverse action.
B. OLR shall conduct an appeal from an
				adverse action as prescribed in A.A.C. Title 21, Chapter 1, Article
				3.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 9 - DEPARTMENT OF CHILD SAFETY - ADOPTION AGENCY LICENSING › Article 2 - ADOPTION AGENCY LICENSING REQUIREMENTS › Section R21-9-240 - International Adoptions

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				adoption agency shall not accept a foreign child for adoptive placement in the
				United States unless the government of the foreign child's country of origin
				authorized the placement.
B. The
				adoption agency shall provide OLR with evidence of its authority from or
				agreements with a foreign country or placing organization (such as Hague
				Accreditation). If the evidence of authority is not written in English, the
				adoption agency shall provide an English language translation of the
				documentation by an independent translation service.
C. The adoption agency shall advise the
				adoptive parents of the need to have the child naturalized in the United
				States.
D. The adoption agency
				shall provide adoptive parents with information about the child's culture of
				origin.
Arkansas Administrative Code › Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION › Rule 001.00.07-001 - Regulations for the Control of Outdoor Advertising - Electronic Message Device (EMD)

Current through Register Vol. 49, No. 6, June, 2024
Section 7
Electronic Message Devices (EMD)
A. Definitions:
1)
"Electronic Message Device
		  (EMD)"
means a sign with the capability of displaying words, symbols,
		  figures or images controlled by electronic communications.
2)
"Blinking"
means any form
		  of flashing where a pattern of sudden illumination changes occurs, excluding
		  the transition of electronic messages.
3)
"Dissolve"
means a mode
		  of message transition on an Electronic Message Device accomplished by varying
		  the light intensity or pattern, where the first message gradually appears to
		  dissipate and lose legibility simultaneously with the gradual appearance and
		  legibility of the subsequent message.
4)
"Fade"
means a mode of
		  message transition on an Electronic Message Device accomplished by varying the
		  light intensity or pattern, where the first message gradually reduces the
		  intensity to the point of not being legible and the subsequent message
		  gradually increases intensity to the point of legibility.
5)
"Flashing"
means any
		  pattern of changing light illumination where the sign illumination alternates
		  suddenly between fully illuminated and fully non-illuminated, excluding the
		  transition of electronic messages.
6)
"Intermittent"
means any
		  pattern of changing light intensity, other than that achieved with fade,
		  dissolve or instantaneous transitions or the temporary suspension of
		  illumination.
7)
"Malfunction"
means any interruption in the normal display on
		  the Electronic Message Device that results in blinking, flashing, intermittent
		  or moving light display of lighting, and any other abnormal function of the
		  sign that would cause distraction to motorists.
8)
"Moving light"
means the
		  physical change in position of any visible illumination source while lighted or
		  the simulation of movement achieved with a pattern of sequentially illuminating
		  visible illumination sources within close proximity of each other.
Arkansas Administrative Code › Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION › Rule 001.00.16-001 - Proposed Rules for Design-Build Contracts

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1
Regulatory Authority
1.1 The Arkansas State Highway Commission's
		  authority for promulgating these rules is pursuant to Ark. Code Ann. §
								27-65-107
		  and §
								27-67-206.
1.2 These rules shall be known as the
		  Arkansas State Highway and Transportation Department Rules for Design-Build
		  Contracts.
Arkansas Administrative Code › Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION › Rule 001.00.18-001 - Transportation-Related Research Grant Program

Current through Register Vol. 49, No. 6, June, 2024
SECTION
		  1
Regulatory Authority
1.1 Authority for promulgating these rules is
		  conferred upon the Arkansas Highway Commission and the Arkansas Department of
		  Transportation (ArDOT) pursuant...to Ark. Code Ann. §
								27-65-145.
1.2 These rules shall be known as the
		  Arkansas Department of Transportation Rules for Transportation-Related Research
		  Grants.
1.3 Pursuant to Ark. Code
		  Ann. §
								19-5-1258
		  the ArDOT is responsible for the award and administration of grants under the
		  Transportation-Related Research Grant Program (TRRGP).
Arkansas Administrative Code › Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION › Rule 001.01.90-002 - Rules and Regulations Governing Insurance Filing Requirements, Interstate Carriers

Current through Register Vol. 49, No. 6, June, 2024
Whereas a public hearing was held by the predecessor
			 Transportation Safety Agency for the purpose of promulgating rules,
			 regulations, and amendments to existing rules, and notice was duly given to the
			 public of said hearing on November 29, 1988 at the hour of 10:00 A.M. in the
			 hearing room of the Arkansas Transportation Safety Agency, the Transportation
			 Regulatory Board considered the adoption of the following amendment to Rule
			 12.2 of the rules promulgated
			 under the Arkansas Motor Carrier Act of 1955, as amended:
Rule 12.2
When a carrier operates solely in interstate commerce pursuant to
			 a Certificate or Permit issued by the Interstate Commerce Commission, the
			 owner, lessor, or a corporate officer must certify to the Commission the name
			 of its liability carrier, the policy, and the effective date of said insurance,
			 and must certify its Arkansas Agent for Service of Process.
After careful consideration of all facts involved in this matter,
			 the Commission finds that the aforementioned rule does not unduly burden
			 interstate commerce, and is not prohibited by 49 CFR § 1023.
It is further found that this amendment is necessary to the
			 proper functioning and administration of the duties of the Commission in
			 regulating motor carriers registering their authority in the State of
			 Arkansas.
IT IS THEREFORE ORDERED that said amendment to Rule 12.2 shall be
			 and the same is hereby adopted. Said amendment shall become effective 2 0 days
			 after filing with the Office of the Secretary of State, and shall apply to all
			 applications received for processing received on or after such
			 date.
Arkansas Administrative Code › Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION › Rule 001.01.92-001 - Amendment to Rules: 1.12, 2.9, 3.12, 10.2, 11.4, 13.1, 16.6(b), 17.1, 17.3, HM Rule 1.4 and New Rule B-8

Current through Register Vol. 49, No. 6, June, 2024
PROPOSED WORDING
RULE
		  1.12 - Dismissal of Appeal, Notice to Commission.
Any party appealing an order of the commission who shall
			 subsequently dismiss such appeal shall promptly notify the Commission in
			 writing of the dismissal of such appeal.
Any party appealing on order of the Commission from a circuit
			 court decision to an appellate court of the State of Arkansas shall promptly
			 notify the Commission in writing of such appeal being taken. Any party that has
			 appealed an order of the Commission to the circuit court or to an appellate
			 court shall notify this Commission within a reasonable time, not to exceed ten
			 days, of the decision entered by the circuit or appellate court.
RULE 2.9 - Service; Pleadings and
		  Papers to Show.
Every pleading, protest, intervention, or verified statement
			 filed by any party and tendered to the Commission for filing shall include a
			 certificate of the party or his attorney showing simultaneous service thereof
			 upon all parties to the proceeding made by registered or certified mail with
			 return receipt required. The return receipt or a photocopy thereof shall be
			 filed with the Commission.
Applications, formal complaints, supplemental complaints, amended
			 complaints, cross complaints, and letters to the Commission relating to oral
			 arguments and subpoenas, when service is required, may be served by depositing
			 same in the U. S. Postal Service with sufficient postage attached thereto to
			 ensure delivery and a certification of such service signed by the applicant or
			 his attorney.
RULE 3.12 -
		  Interventions, Petitions.
(b) When Filed.
A petition for leave to intervene in any proceeding should be
			 filed not less, than twenty (20) days after the official date of filing, except
			 for good cause shown. Such intervention must show service of a copy on the
			 interested parties or their attorneys by registered or certified mail with
			 return receipt required. The return receipt or a photocopy thereof must be
			 filed with the Commission by said intervenor.
Arkansas Administrative Code › Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION › Rule 001.01.92-003 - Permit Regulations for the Movement of Oversize and/or Overweight Vehicles on the Arkansas State Highway System

Current through Register Vol. 49, No. 6, June, 2024
SECTION
		  I
GENERAL DEFINITIONS
DEPARTMENT: Arkansas Highway and Transportation
			 Department
DIVISION: Arkansas Highway Police Division of Arkansas
			 Highway and Transportation Department
PERMIT SECTION: Permit Section of Arkansas Highway Police
			 Division of Arkansas Highway and Transportation
COMMISSION: Arkansas Highway Commission (AHC)
COMMISSIONER: A member of the Arkansas Highway
			 Commission
DIRECTOR: Director of the 2U: Arkansas Highway and
			 Transportation Department
CHIEF: Chief of the Arkansas Highway Police
			 Division
POLICY: An established procedure pertaining to a specific
			 activity of the Section, Division, Department or Commission
PERMIT: A document issued by the Permit Section which gives
			 the bearer permission to move an oversize and/or laden or unladen along
			 specific routes during a specified period of time with certain restrictions;
			 said document having been issued under the authority given to the Arkansas
			 Highway Commission through Legislative Acts. When used in this publication the
			 terms "permit" and 'special permit" are synonymous
FOR PURPOSES OF THIS PUBLICATION, THE FOLLOWING TERMS ARE
			 CONSIDERED SYNONYMOUS:
(1)
LOAD;
(2)
VEHICLE WITH LOAD;
(3)
LADEN
(4)
VEHICLE AND/OR CARGO;
(5)
VEHICLE AND CARGOES
Arkansas Administrative Code › Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION › Rule 001.01.92-006 - Rule 17.3 - Splash Guard Requirements

Current through Register Vol. 49, No. 6, June, 2024
RULE
		  17.3 - Splash Guard Requirements.
All trailers, trucks, truck/tractors, and/or semi-trailers with a
			 gross vehicle weight rating (GVWR) exceeding 10,000 pounds operated over the
			 highways of the State of Arkansas, subject to the jurisdiction of this
			 Commission, shall have attached thereto a splash apron of flexible material
			 directly to the rear of the rearmost wheels, hanging perpendicularly at right
			 angles to the body of the vehicle, and parallel with the rearmost axle; said
			 apron shall be of such size, weight, and substance as to prevent the bulk of
			 the spray or other substance picked up from the roadway from being thrown on
			 the windshield of a following vehicle.
Arkansas Administrative Code › Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION › Division 01 - Arkansas State Highway Commission › Rule 001.01.20-001 - Autonomous Vehicle Pilot Program Rules

Current through Register Vol. 49, No. 6, June, 2024
I. Introduction
Pursuant to Arkansas Code Annotated (A.C.A.) §
									27-51-2002,
				the Arkansas State Highway Commission (Commission) may approve a proposed
				autonomous vehicle pilot program submitted by a person. These rules are issued
				in accord with the statutory authority set out in subsection (d).
II. Definitions
(a) As used in these rules:
(1) "Automated driving system" means the
			 hardware and software that are collectively capable of performing the entire
			 dynamic driving task on a sustained basis, regardless of whether the automated
			 driving system is limited to a specific Operational Design Domain.
(A) An Operational Design Domain (ODD) is the
			 description of the specific operating domain(s) in which an automated function
			 or system is designed to properly operate, including but not limited to roadway
			 types, speed range, environmental conditions (weather, daytime/nighttime,
			 etc.), and other domain constraints.
Arkansas Administrative Code › Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION › Division 01 - Arkansas State Highway Commission › Rule 001.01.21-002 - Transportation-Related Research Grant Program

Current through Register Vol. 49, No. 6, June, 2024
Arkansas Department of Transportation
RULES FOR TRANSPORTATION-RELATED RESEARCH & WORKFORCE
				DEVELOPMENT GRANT PROGRAM
SECTION
			 1
Regulatory Authority
1.1 Authority for promulgating these rules is
			 conferred upon the Arkansas Highway Commission and the Arkansas Department of
			 Transportation (ArDOT) pursuant to Ark. Code Ann. §
									27-65-145.
1.2 These rules shall be known as the
			 Arkansas Department of Transportation Rules for Transportation-Related Research
			 & Workforce Development Grants.
1.3 Pursuant to Act 705 of 2017, and Act 884
			 of 2021, codified at Ark. Code Ann. §
									19-5-1258,
			 ArDOT is responsible for the award and administration of grants under the
			 Transportation-Related Research & Workforce Development Grant Program
			 (TRRWDGP).
Arkansas Administrative Code › Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION › Division 01 - Arkansas State Highway Commission › Rule 001.01.21-003 - Autonomous Vehicle Program Rules

Current through Register Vol. 49, No. 6, June, 2024
I. Introduction
Pursuant to Arkansas Code Annotated (A.C.A.) § 27-51-2002,
				the Arkansas State Highway Commission (Commission) may approve a proposed
				autonomous vehicle program submitted by a person. These rules are issued in
				accord with the statutory authority set out in subsection (d).
II. Definitions
(a) As used in these rules:
(1) "Automated driving system" means the
			 hardware and software that are collectively capable of performing the entire
			 dynamic driving task on a sustained basis, regardless of whether the automated
			 driving system is limited to a specific Operational Design Domain.
(A) An Operational Design Domain (ODD) is the
			 description of the specific operating domain(s) in which an automated function
			 or system is designed to properly operate, including but not limited to roadway
			 types, speed range, environmental conditions (weather, daytime/nighttime,
			 etc.), and other domain constraints.
Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.01-008 - Emergency Rule: Raft Creek / Steve N. Wilson WMA Closure; Final Rule: State Boating Law Revisions

Current through Register Vol. 49, No. 6, June, 2024
43.01
VESSEL OPERATION AND EQUIPMENT REQUIREMENTS FOR STATE WATERS
. It
		  shall be unlawful to operate watercraft on state waters in violation of Chapter
		  101 Arkansas Code Annotated Sections
		  27-101-101
		  through
		  27-101-312.
PENALTY:
As provided for in ACA
			 27-101-104.
43.02
VESSEL OPERATION AND EQUIPMENT
		  REQUIREMENTS FOR FEDERAL WATERS
. It shall be unlawful to operate
		  watercraft on waters designated as Federally Controlled and waters under
		  control of the United States Forest Service in violation of the provisions of
		  33 CFR 173, 174, and 175 and 46 CFR 25 as adopted pursuant to ACA
		  27-101-107,
		  203 and 303.
PENALTY:
As provided for in ACA
			 27-101-104.
Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.05-002 - 2005 Waterfowl Hunting Seasons; Game Tags

Current through Register Vol. 49, No. 6, June, 2024
03.03
HUNTING LICENSE
		  REQUIREMENTS
. It shall be unlawful for any resident or non-resident to
		  take or attempt to take any wild animal or bird by any means in Arkansas
		  without having on the person the appropriate Arkansas Hunting License as
		  provided herein:
(A) To hunt deer, turkey,
		  bear or elk the hunter must have physical possession of an official hunting
		  license with a "Record of Game" on the back of the license. A temporary
		  internet license is not valid for hunting these species. A
		  confirmation/authorization number from a telephone license order is not valid
		  for hunting these species.
(B)
		  Arkansas Resident (16 years of age and older) - SMALL GAME: Resident Wildlife
		  Conservation License; BIG GAME (deer, bear, elk and turkey): Resident
		  Sportsman's License; Resident Combination Sportsman's License; FURBEARERS
		  (Hunting and Trapping): Any valid hunting license. Holders of the following
		  licenses are entitled to hunt all game, except if taking waterfowl, an Arkansas
		  Resident Waterfowl Stamp, Federal Waterfowl Stamp and HIP are required.
		  Resident Lifetime Hunting and Fishing Sportsman's Permit; Resident 65 Plus
		  Lifetime Sportsman's Hunting License (or 65 Plus Lifetime Combination License);
		  Resident Disabled Lifetime Sportsman's Hunting License (or Resident Disabled
		  Lifetime Combination License) Resident Disabled Hunting 3-Year License (or
		  Resident Disabled combination 3-Year License).
(C) Non-Residents hunting small game only
		  (excluding deer, elk, turkey and bear). Requirements: Non-Resident Annual Small
		  Game License, or NonResident 5-Day Small Game License for a period of said
		  license, and Non-Resident Fur-Takers Permit if hunting furbearers. Small game
		  may also be taken on the Non-Resident All Game Licenses. If hunting waterfowl,
		  an Arkansas Non-Resident Waterfowl Stamp, Federal Waterfowl Stamp and HIP are
		  required.
(D) Non-Residents
		  hunting deer, bear, elk and/or wild turkey. Requirements: Non-Resident Annual
		  All Game License; NonResident 3-Day All Game License; or a Non-Resident 5-Day
		  All Game License and a Non-Resident Fur-Takers Permit if hunting or trapping
		  furbearers.
EXCEPTIONS
:
(1) Residents and Non-Residents engaging in
		  hunting activities on a licensed Game Bird Shooting Resort and Wildlife Hunting
		  Resort in compliance with regulations pertaining to Game Bird Shooting Resorts
		  and Wildlife Hunting Resorts.
(2)
		  Non-Residents under 16 years of age prior to killing a deer, turkey, elk or
		  bear providing said non-resident under 16years of age obtains a Non-Resident
		  Annual All Game License, or a Non-Resident 3-Day All Game License, or a
		  Non-Resident 5-Day All Game License after taking a deer, elk, turkey or
		  bear.
(3)
In compliance with
		  the Snow, Blue and Ross' Goose Conservation Order.
PENALTY
: Residents - $100.00 to $1,000.00.
			 Non-Residents - $300.00 to $1,000.00.
Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.05-003 - Paddlefish and Sturgeon Flesh (meat) Sales

Current through Register Vol. 49, No. 6, June, 2024
41.05(A)
RESIDENT ROE TAKER/SELLER
		  PERMIT REQUIREMENTS
. It shall be unlawful to take, sell or possess
		  paddlefish (also called spoonbill catfish) or sturgeon, or their parts,
		  including eggs (roe), without first obtaining a current Resident Roe
		  Taker/Seller Permit. A commercial fishing license is required to purchase a
		  Resident Roe Taker/Seller Permit.
EXCEPTIONS:
(1) A person with a Resident Roe Taker/Helper
		  Permit may harvest or assist in the harvest of paddlefish or sturgeon when in
		  the immediate presence of a permitted Roe Taker/Seller.
(2) Sportfishermen in compliance with Code
		  31.01B, Game Fish Possession Limit Restrictions.
(3) Permitted fish farmers in compliance with
		  Code 42.10, Paddlefish, Sturgeon and Bowfin Roe Regulations.
(4)
Paddlefish and sturgeon flesh
		  (meat) only may be sold in compliance with Code 41.06.
PENALTY:
$500.00 to $1,000.00 and fishing privileges
			 may be suspended in accordance with Code 11.05, Revocation of
			 Privileges.
Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.05-008 - 2005 -2006 Early Migratory Season Approvals; 2005 - 2006 Miscellaneous Code Change Approved

Current through Register Vol. 49, No. 6, June, 2024
02.13A
DEER,
		  TURKEY AND BEAR TAGGING REQUIREMENTS.
REQUIREMENTS
. It
		  shall be unlawful to fail to comply with the following provisions:
(A) Immediately after taking a deer or turkey
		  and before moving the animal each hunter must remove the appropriate deer or
		  turkey tag from the hunter's license and legibly fill out (in ink) the
		  appropriate tag with true and accurate information. The tag must be securely
		  fastened to the antler or ear for a deer or to the leg for a turkey. The tag
		  must remain on the deer or turkey until final processing and storage by the
		  hunter.
EXCEPTIONS
:
(1) Resident hunters under sixteen years of
		  age, holders of 65+ lifetime hunting license, disabled license holders
and Mississippi license holders hunting under the Reciprocal Hunting
		  License Agreement
must legibly fill out (in ink) a game tag provided in
		  the current Arkansas Hunting Guidebook or use a piece of paper to make a tag
		  and legibly print (in ink) the hunter's name, the date, the WMA or zone number
		  and the time of harvest. The tag must be securely fastened to the antler or ear
		  for a deer or to the leg for a turkey.
(2) Non-resident hunters under sixteen years
		  of age must fasten a tag to the deer or turkey using one of the provisions in
		  Exception (1) until a valid Arkansas hunting license has been purchased. Ref.
		  Code 03.03 (Hunting License Requirements) Exception (2). After purchasing the
		  appropriate license, the applicable deer or turkey tag must be removed from the
		  license and legibly filled out (in ink). The tag must be securely fastened to
		  the antler or ear for a deer or to the leg for a turkey.
(3) Bonus deer including does taken with deer
		  camp doe tags and bucks taken with the Deer Management Assistance Program
		  Management Buck tags.
Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.06-001 - Approved Wildlife Breeder / Dealer Permits for Mountain Lions

Current through Register Vol. 49, No. 6, June, 2024
15.12
WILDLIFE BREEDER/DEALER PERMIT REQUIREMENTS.
It shall be unlawful for a person to rear, breed, propagate,
			 produce or distribute any fur-bearing animals, game animals, game birds, or
			 other wildlife without a Wildlife Breeder/Dealer Permit.
(A) Wildlife Breeder/Dealer Permits for new
		  facilities rearing, breeding, propagating, producing or distributing any member
		  of the cervidae family, including, but not limited to white-tailed deer and elk
		  shall not be issued after October 17, 2002.
(B) Closure of Commercial Trade in Box
		  Turtles (genus
Terrapene
). Wildlife Breeder/Dealer Permits
		  shall not be issued after September 1, 2004 for any person or operation engaged
		  in the importation, propagation, sale, transfer, barter, or distribution of box
		  turtles (genus
Terrapene
). The importation, propagation, sale,
		  transfer, barter, or distribution of any
Terrapene
will be
		  prohibited after June 30, 2005.
(C)
Wildlife Persons legally possessing a large carnivore or mountain lion
		  on or before December 31, 2005 may apply for and receive a Wildlife
		  Breeder/Dealer Permit up until June 30, 2006. After June 30, 2006, Wildlife
		  Breeder/Dealer Permits for new facilities shall not be issued for those species
		  other than to individuals or organizations determined to be involved in bona
		  fide scientific or conservation efforts or to those possessing existing
		  Wildlife Breeder/Dealer permits wishing to transfer their permit to a new
		  location, provided that the new facility passes an inspection in accordance
		  with Commission Code 15.11(B).
EXCEPTION:
(1) Fish, bullfrogs, mussels, aquatic turtles
		  and alligators in compliance with the following Commission Codes:
(a) Commission Code Section
		  36.00 (Bull Frog
		  Regulations);
(b) Commission Code
		  Section 37.00 (Minnow
		  Regulations);
(c) Commission Code
		  Section 38.00 (Fresh Water Mussel
		  Regulations);
(d) Commission Code
		  Section 39.00 (Aquatic Turtle
		  Regulations);
(e) Commission Code
		  Section 40.00 (Alligator Farming
		  Regulations);
(f) Commission Code
		  Section 41.00 (Commercial Fishing
		  Regulations);
(g) Commission Code
		  Section 42.00 (Fish Farmer
		  Regulations);
(h) Game birds
		  legally killed on a Game Bird Shooting Resort. Ref. Code 15.08 (Game Bird
		  Shooting Resort License).
PENALTY
: $500.00 to $5,000.00.