Arkansas Administrative Code

17 CAR § 350-703. Power and authority of hearing officer. The hearing officer shall conduct the administrative hearing, and he or she may: (1) Administer oaths; (2) Require testimony; and (3) Issue subpoenas for the: (A) Attendance of witnesses; and (B) Production of: (i) Relevan…

17 CAR § 350-704. Rights of appellant. Any person whose rights may be affected at any hearing has the right to appear personally and by counsel to: (1) Introduce evidence on their behalf; (2) Cross-examine witnesses; (3) Examine any document or other evidence submitted; and (4) R…

17 CAR § 350-705. Subpoenas. (a) A person desiring the issuance of a subpoena must file a written request with the administrator for same at least seven (7) days prior to the hearing. (b) The witness or matter to be subpoenaed must be described with such particularity to allow th…

17 CAR § 350-706. Consideration of evidence. (a) The hearing officer: (1) Shall not be bound by the technical rules of evidence; and (2) May admit any evidence if it is of a type commonly relied upon by reasonably prudent men and women in the conduct of their affairs. (b) However…

17 CAR § 350-707. Record. All evidence, including records and documents, considered by the hearing officer shall be offered and made part of the record in a hearing, and no other factual information or evidence shall be considered in the determination of any matter.

17 CAR § 350-708. Burden of proof. (a) In any hearing held for the purpose of affording an applicant the opportunity to contest a denial, the burden of proof shall be on the applicant. (b) In hearings held for the purpose of revocation, suspension, assessment of fines, and/or rep…

17 CAR § 350-709. Decisions. (a) The hearing officer shall submit his or her recommendations to the Director of the Division of Arkansas State Police within sixty (60) days of the hearing. (b) All decisions shall be: (1) In writing and signed by the director; and (2) Accompanied …

17 CAR § 350-801. Approval. (a) A school, college, university, or the security department of a private business may become an approved institution of instruction (IOI) to conduct the training required for certification as a licensee, credential holder, or commission holder by thi…

17 CAR § 350-802. Training administrator, assistant training administrator, and training instructors. (a) Before a training administrator (TA), assistant training administrator (ATA), or training instructor (TI) begins instruction under this part, he or she must receive a credent…

17 CAR § 350-803. Previously approved training administrator, assistant training administrator, or training instructor. (a) Individuals approved as training administrators, assistant training administrators, or training instructors prior to the effective date of this part who wis…

17 CAR § 350-804. Training certification. The TA or ATA is required to sign a student’s application attesting that all training requirements have been met.

17 CAR § 350-805. Company registration of trainers. (a) A company that provides training for its employees through the use of a TA or one (1) or more ATAs or TIs is required to identify the trainers used and register those trainers with the Division of Arkansas State Police. (b) …

17 CAR § 350-806. Guest instructor. (a) Guest instructors or guest subject matter experts can be utilized to teach training requirements under the guidance and supervision of a registered training administrator. (b)(1) If a guest instructor teaches any portion of the required tra…

17 CAR § 350-807. Course of instruction — License, credential, or commission. To become authorized to conduct the training for a particular license, credential, or commission, an approved IOI must submit proof that its course of instruction covers the necessary training requireme…

17 CAR § 350-808. Termination of training administrator, assistant training administrator, or training instructor. (a) If a TA, ATA, or TI ceases to be employed with an approved IOI for any reason whatsoever, the IOI shall notify the Division of Arkansas State Police in writing w…

17 CAR § 350-809. Current certifications. (a) If an IOI is certified by an accrediting association or organization, it shall provide a copy of the current certification to the Division of Arkansas State Police. (b) If the IOI is decertified by the accrediting association or organ…

17 CAR § 350-810. Ownership changes. If the ownership of an IOI changes, it must: (1) Notify the Division of Arkansas State Police in writing within seven (7) days of such changes; and (2) List the new owner.

17 CAR § 350-811. Violations. If any IOI violates any provision of this part it shall be subject to decertification.

17 CAR § 350-901. Class E Unrestricted alarm systems company. (a)(1) A Class E Unrestricted alarm systems company installs alarm systems, including those systems in structures that are required by the Arkansas Fire Prevention Code, 12 CAR pt. 15, to have a fire alarm system. (2) …

17 CAR § 350-902. Class E Restricted alarm systems company. (a) A Class E Restricted alarm systems company installs alarm systems in structures that are not required by the Arkansas Fire Prevention Code, 12 CAR pt. 15, to have a fire alarm system. (b) To be licensed as a Class E …

17 CAR § 350-903. Class E-S license examination. (a)(1) The licensee or the licensee’s manager shall be required to successfully pass a written examination administered by the Division of Arkansas State Police. (2) The examination will test the licensee’s or licensee’s manager’s …

17 CAR § 350-904. Monitoring companies. (a) Alarm systems monitors and the managers of alarm system monitoring companies are not required to complete any courses or examinations. (b) The manager of an alarm system monitoring company must execute an affidavit that he or she has re…

17 CAR § 350-905. Approved equivalents. (a) The Director of the Division of Arkansas State Police has the authority to modify or expand the training requirements necessary to qualify for a license or credential under this subpart pursuant to Arkansas Code § 17-40-318. (b) The dir…

17 CAR § 350-906. Licensee and credential holder examination. (a) An applicant for a license or credential under this subpart must demonstrate his or her qualifications by successfully completing an examination covering the Private Security Agency, Private Investigator, and Schoo…

17 CAR § 350-907. Apprentices. (a) An individual may be employed as an alarm system apprentice for a period of six (6) months without providing proof of NICET Level II, ESA Level I, NESA Level I, or Elite CEU Level I certification to the Division of Arkansas State Police. (b) At …

17 CAR § 350-908. Vehicle appearance. (a) All vehicles used by licensees or their employees under this subpart must display the company name and license number on both sides of the vehicle. (b) The display shall be: (1) No less than three inches (3”) high; and (2) A contrasting c…

17 CAR § 25-101. Prelicensure criminal background check. (a) Individuals may petition for a prelicensure determination of whether the individual’s criminal record will disqualify the individual from licensure and whether a waiver may be obtained. (b) The individual must obtain th…

17 CAR § 25-102. Waiver request. (a) If an individual has been convicted of an offense listed in Arkansas Code § 17-3-102(a), except those permanently disqualifying offenses found in Arkansas Code § 17-3-102(e), the State Plant Board or a committee of the board may waive disquali…

17 CAR § 26-1001. Reciprocity. (a) Required qualifications. An applicant applying for reciprocal licensure as a nurseryman, nursery dealer, landscape contractor, plant breeder, or lime vendor shall meet the following requirements: (1)(A) The applicant shall hold a substantially s…

17 CAR § 26-1002. Temporary and provisional license. (a) The Department of Agriculture shall issue a temporary and provisional license immediately upon receipt of the application and required fee. (b) The temporary and provisional license shall be effective for ninety (90) days, …

17 CAR § 26-1003. License for person from a jurisdiction that does not license occupation. An applicant from a United States jurisdiction that does not license the occupations covered under this section shall meet the following requirements: (1) The applicant shall be sufficientl…

17 CAR § 26-101. Conflict of rules. This part shall supersede any State Plant Board rules governing reciprocal, temporary, and provisional licensing of the occupational licenses enumerated herein.

17 CAR § 26-102. Incorporation of definitions. This part hereby incorporate by reference the definitions of each rule governing the licenses addressed herein unless the context clearly indicates otherwise.

17 CAR § 26-201. Reciprocity. (a) Required qualifications. An applicant applying for reciprocal licensure in agriculture consultancy shall meet the following requirements: (1)(A) The applicant shall hold a substantially similar license in another United States jurisdiction. (B) A…

17 CAR § 26-202. Temporary and provisional license. (a) The Department of Agriculture shall issue a temporary and provisional license immediately upon receipt of the application, the required fee, and the documentation required under 17 CAR § 26-201(b)(2). (b) The temporary and p…

17 CAR § 26-203. License for person from a jurisdiction that does not license occupation. (a) Required qualifications. An applicant from a United States jurisdiction that does not license agricultural consultants shall meet the following requirements: (1) The applicant shall be s…

17 CAR § 26-301. Reciprocity. (a) Required qualifications. An applicant applying for reciprocal licensure as a catfish processor shall meet the following requirements: (1)(A) The applicant shall hold a substantially similar license in another United States jurisdiction. (B) The a…

17 CAR § 26-302. Temporary and provisional license. (a) The Department of Agriculture shall issue a temporary and provisional license immediately upon receipt of the application, the required fee, and the documentation required under 17 CAR § 26-301(b)(1)-(2). (b) The temporary a…

17 CAR § 26-303. License for person from a jurisdiction that does not license occupation. (a) Required qualifications. An applicant from a United States jurisdiction that does not license catfish processors shall meet the following requirements: (1) The applicant shall be suffici…

17 CAR § 26-401. Reciprocity. (a) Required qualifications. An applicant applying for reciprocal licensure as a commercial applicator as defined in Arkansas Code § 20-20-203(4) shall meet the following requirements: (1)(A) The applicant shall hold a substantially similar license i…

17 CAR § 26-402. Temporary and provisional license. (a) The Department of Agriculture shall issue a temporary and provisional license immediately upon receipt of the application, the required fee, and the documentation required under 17 CAR § 26-401(b)(2) and 26-401(b)(5). (b) Th…

17 CAR § 26-403. License for person from a jurisdiction that does not license occupation. (a) Required qualifications. An applicant from a state that does not license commercial applicators shall meet the following requirements: (1) The applicant shall be sufficiently competent i…

17 CAR § 26-501. Reciprocity. (a) Required Qualifications. An applicant applying for reciprocal licensure as a licensed operator as defined in Arkansas Code § 17-37-102(10) shall meet the following requirements: (1)(A) The applicant shall hold a substantially similar license in a…

17 CAR § 26-502. Temporary and provisional license. (a) The Department of Agriculture shall issue a temporary and provisional license immediately upon receipt of the application, the required fee, and the documentation required under 17 CAR § 26-501(b)(2) – (5). (b) The temporary…

17 CAR § 26-503. License for person from a jurisdiction that does not license occupation. (a) Required qualifications. An applicant from a state that does not license commercial applicators shall meet the following requirements: (1) The applicant shall be sufficiently competent i…

17 CAR § 26-601. Reciprocity. (a) Required qualifications. An applicant applying for reciprocal licensure as a pest control agent shall meet the following requirements: (1)(A) The applicant shall hold a substantially similar license in another United States jurisdiction. (B) The …

17 CAR § 26-701. Reciprocity. (a) Required qualifications. An applicant applying for reciprocal licensure as a grain dealer shall meet the following requirements: (1)(A) The applicant shall hold a substantially similar license in another United States jurisdiction. (B) The applic…

17 CAR § 26-702. Temporary and provisional license. (a) The Department of Agriculture shall issue a temporary and provisional license immediately upon receipt of the application, the required fee, and the documentation required under 17 CAR § 26-701(b)(2) and 26-701(b)(4). (b) Th…

17 CAR § 26-703. License for person from a jurisdiction that does not license occupation. (a) Required qualifications. An applicant from a United States jurisdiction that does not license grain dealers shall meet the following requirements: (1) The applicant shall be sufficiently…

17 CAR § 26-801. Reciprocity. (a) Required qualifications. An applicant applying for reciprocal licensure as a grain warehouse shall meet the following requirements: (1)(A) The applicant shall hold a substantially similar license in another United States jurisdiction. (B) The app…