Arkansas Administrative Code

17 CAR § 350-202. Application design. (a) The application shall be of such size and design so as to include necessary and relevant information required by current Arkansas laws. (b) The Director of the Division of Arkansas State Police has the authority to design and revise the i…

17 CAR § 350-203. Application form. The application form for a license, credential, or commission shall be issued by the Director of the Division of Arkansas State Police and shall include: (1) The name, address, place and date of birth, and sex of the applicant; (2) The driver's…

17 CAR § 350-204. Complete application. (a) An application will not be considered by the Division of Arkansas State Police unless it is complete. (b) The documentation received from an applicant shall be deemed complete when it contains all the requirements under Arkansas law and…

17 CAR § 350-205. Reciprocity and temporary licensing. (a) An applicant who holds a substantially similar license, credential, or commission in another state, territory, or district of the United States may obtain a reciprocal or temporary Arkansas license, credential, or commiss…

17 CAR § 350-206. Transfer license, credential, or commission. (a) Individuals who wish to transfer a license, credential, or commission from one (1) company to another must: (1) Complete the transfer application; and (2) Submit the required background check and transfer fees. (b…

17 CAR § 350-207. Fingerprinting for initial application. (a) In the event a legible and classifiable set of fingerprints cannot be obtained, as determined by the Division of Arkansas State Police or the Federal Bureau of Investigation, the applicant shall be: (1) Contacted; and …

17 CAR § 350-208. Issuance. A license, credential, or commission shall be issued by the Director of the Division of Arkansas State Police if, after submission of a complete application: (1) The applicant satisfies the qualification requirements for the license, credential, or com…

17 CAR § 350-209. Unresolved arrests. (a) If a check of the applicant's criminal records uncovers any unresolved arrest that may lead to the disqualification of the applicant, the applicant shall obtain a disposition of the open charge and return the disposition to the Division o…

17 CAR § 350-210. Prior offenses. (a) The Director of the Division of Arkansas State Police shall deny an application if the applicant has been found guilty or has pleaded guilty or nolo contendere to a criminal offense as set forth in Arkansas Code § 17-39-202, § 17-39-206, § 17…

17 CAR § 350-211. Designated offenses. (a)(1) Pursuant to Arkansas Code § 17-40-306(e), the Division of Arkansas State Police is required to designate the Class A misdemeanors under Arkansas law that constitute disqualifying offenses involving: (A) Theft; (B) Sexual offenses; (C)…

17 CAR § 350-212. Incomplete application. (a) Applicants must tender all documents and information necessary for a complete application upon submission. (b) Application deficiencies must be corrected within thirty (30) days. (c) Dispositions must be received within sixty (60) day…

17 CAR § 350-213. Denial. (a) If the Director of the Division of Arkansas State Police denies an application, he or she shall notify the applicant in writing, stating the grounds for denial. (b) The letter shall be sent certified mail, return receipt requested.

17 CAR § 350-214. New employees. (a) If a licensee hires an individual required to be licensed, credentialed, or commissioned by the Division of Arkansas State Police, the licensee must file an application to obtain a license, credential, or commission for the employee within fou…

17 CAR § 350-215. Upgrades. (a) A licensee, credential holder, or commission holder may upgrade the status of his or her license, credential, or commission during the active period of his or her license. (b) In order to receive an upgrade, the company or individual must: (1) Comp…

17 CAR § 350-216. Fees. All fees for original licensure, registration, transfer, renewal, and delinquencies shall be charged as outlined in Arkansas Code §§ 17-39-207, 17-39-210, 17-39-305, and 17-40-302.

17 CAR § 350-217. Prelicensure criminal background determination. (a)(1) An individual with a criminal record may seek a determination from the Division of Arkansas State Police of whether his or her criminal record will disqualify him or her from obtaining a: (A) License; (B) Cr…

17 CAR § 350-218. Expedited process for active duty service members, returning military veterans, and spouses. (a) The Division of Arkansas State Police will expedite the licensure process for: (1) A uniformed service member stationed in the State of Arkansas; (2) A uniformed ser…

17 CAR § 350-219. Fee waivers. The Division of Arkansas State Police will waive the initial application fees prescribed by Arkansas Code § 17-39-207, § 17-39-305, or § 17-40-302 if the applicant: (1) Is receiving assistance through the: (A) Arkansas Medicaid Program; (B) Suppleme…

17 CAR § 350-301. Process for renewal of license. (a) A licensee, credential holder, or commission holder may renew his or her license, credential, or commission no more than ninety (90) days prior to its expiration date by submitting to the Division of Arkansas State Police the …

17 CAR § 350-302. Expired card. Upon renewal of a credential card, the expired card must be returned to the licensee who shall make it a part of the employee’s file.

17 CAR § 350-303. Renewal license denial. (a) The Director of the Division of Arkansas State Police may deny the renewal of a license on the same bases for denial of an initial application for license. (b)(1) If the director denies the renewal application, he or she shall notify …

17 CAR § 350-304. Late fee. (a) Delinquency fees shall be imposed in accordance with Arkansas Code §§ 17-39-207, 17-39-305, and 17-40-302 if the renewal application is not received by the Division of Arkansas State Police on or before the date on which it would otherwise expire. …

17 CAR § 350-305. Previously issued license, credential, or commission. Any application for renewal of a previously issued license, credential, or commission that is submitted after the effective date of this part shall be evaluated in accordance with the provisions contained her…

17 CAR § 350-401. Voluntary termination. When a company or individual licensed under this part ceases to conduct business in this state, it must return all certificates of licensure and all credential cards issued to its employees to the Division of Arkansas State Police, accompa…

17 CAR § 350-402. Lost or destroyed license or credential card. (a)(1) A licensee or any credentialed employee of a licensee shall report a lost or stolen license or credential card to the administrator and the licensee within five (5) days of any such loss or theft. (2) The repo…

17 CAR § 350-403. Change of name. (a)(1) Within fourteen (14) days after the changing of a legal name, the licensee, credential holder, or commission holder shall notify the Director of the Division of Arkansas State Police in writing of the change and provide court documentation…

17 CAR § 350-404. Voluntary surrender. If a licensee, credential holder, or commission holder voluntarily surrenders his or her license, credential, or commission to the Division of Arkansas State Police in the absence of suspension or revocation proceedings, the division will ac…

17 CAR § 350-501. Manager. (a)(1) All licensees, except for those licensed under the Polygraph Examiners Licensing Act, Arkansas Code § 17-39-101 et seq., shall register a manager. (2) The manager must be in a supervisory position with the company on a daily basis. (b) An individ…

17 CAR § 350-502. Employee files. (a)(1) Each licensee shall maintain a record of its licensed, credentialed, and/or commissioned employees. (2) This record shall be kept at the address of the licensee. (b) The records shall contain the following information: (1) A complete appli…

17 CAR § 350-503. Personnel transactions. (a) Each licensee shall furnish the Division of Arkansas State Police a list of personnel transactions on a weekly basis. (b) The list shall include all: (1) New employees to be qualified under this part and their date of hire; and (2) Te…

17 CAR § 350-504. Termination of manager. (a) If the manager of any licensee ceases to be the manager for any reason, the licensee shall name a person responsible for the conduct of the company and notify the Division of Arkansas State Police of the changes in writing within four…

17 CAR § 350-505. Termination of licensed or credentialed individual. (a) When an individual whose license or credential was the basis for qualification of a business regulated by this part ceases to be connected with the business, the business must notify the Division of Arkansa…

17 CAR § 350-506. Identification. (a) All licensed, credentialed, or commissioned individuals shall: (1) Wear their pocket identification or credential card in plain sight while performing any function described in Arkansas Code § 17-40-102; and (2) Produce said card upon request…

17 CAR § 350-507. Resemblance to law enforcement. A badge, uniform, or insignia used by a licensee or its employees cannot resemble those worn by police agencies in the State of Arkansas.

17 CAR § 350-508. Vehicle usage. (a) Vehicles used by licensees or their employees are not authorized emergency vehicles. (b) The vehicle may not display flashing or rotating lights on any public road, street, highway, or property, and the drivers must obey all traffic and other …

17 CAR § 350-509. Required company information display. (a) All contracts, bid sheets, invoices, and/or bills given to a customer or client shall contain the company name and license number. (b) At all times a licensee is engaged in an activity regulated by this subpart, the lice…

17 CAR § 350-510. Company name. No officer, employee, partner, or other person employed by a licensee may use any company name other than the name approved by and registered with the Division of Arkansas State Police.

17 CAR § 350-511. Audits. (a) The manager is responsible for ensuring that copies of all training documents, including graded applicants’ exams, are maintained. (b) The manager is required to produce copies of any training documents upon request by the Division of Arkansas State …

17 CAR § 350-601. Compliance. At all times an applicant, licensee, credential holder, or commission holder must: (1) Meet the qualifications outlined in this part; and (2) Abide by: (A) This part; (B) The Polygraph Examiners Licensing Act, Arkansas Code § 17-39-101 et seq.; and (…

17 CAR § 350-602. Investigation. (a) The Division of Arkansas State Police shall have the power to conduct an investigation, on its own initiative or as the result of a complaint, to determine whether there exists sufficient proof that an applicant, licensee, credential holder, o…

17 CAR § 350-603. Adverse action. Upon a determination by the Division of Arkansas State police that there exists good cause to believe that the acts or omissions of an applicant, licensee, credential holder, or commission holder constitute a violation of this part, the Polygraph…

17 CAR § 350-604. Notice to employees. (a) The licensee or manager of a licensee shall notify any employee of charges brought by the Division of Arkansas State Police against the employee, a denial of license, credential, or commission, or of any summons or subpoena to appear bef…

17 CAR § 350-605. Suspension for arrest or criminal charge. (a) If the licensee, credential holder, or commission holder is arrested or formally charged with a crime that would disqualify him or her from having a license, credential, or commission: (1) He or she shall immediately…

17 CAR § 350-606. Suspension for nonpayment of child support. (a) The Division of Arkansas State Police is required by Arkansas law to suspend a license, credential, or commission if so ordered by the Office of Child Support Enforcement. (b) Once the division receives official no…

17 CAR § 350-607. Revocation. (a) The Director of the Division of Arkansas State Police may revoke a license, credential, or commission if during the term of the license, credential, or commission: (1) An individual becomes ineligible under the criteria set forth in state or fede…

17 CAR § 350-608. Temporary suspension. Pending an appeal of a denial, suspension, revocation, or reprimand, the Director of the Division of Arkansas State Police may suspend a license, credential, or commission when that person has been convicted in any jurisdiction of a disqual…

17 CAR § 350-609. Notice of denial, suspension, revocation, or reprimand. (a) When the Director of the Division of Arkansas State Police denies an application or takes adverse action for violations of this part, the Polygraph Examiners Licensing Act, Arkansas Code § 17-39-101 et …

17 CAR § 350-610. Fines and consent judgment. (a) The Director of the Division of Arkansas State Police may assess the maximum fines allowed by Arkansas Code §§ 17-39-103 and 17-40-350 for each violation of: (1) This part; (2) The Polygraph Examiners Licensing Act, Arkansas Code …

17 CAR § 350-701. Hearing request. (a)(1) The applicant, licensee, credential holder, or commission holder may request an administrative hearing to appeal the denial or adverse action taken by the Director of the Division of Arkansas State Police. (2) The hearing must be requeste…

17 CAR § 350-702. Docketing. (a) The administrator shall assign a file number to each appellate matter and thereafter, all documents pertaining to the matter shall bear that assigned number. (b) All pleadings and motions to be filed relative to the hearing shall be submitted to t…