Arkansas Administrative Code

17 CAR § 30-704. Type C funeral establishment — Required records. All crematory authorities shall retain the following records: (1)(A) A cremation authorization form signed by an authorizing agent that identifies the funeral director arranging the cremation. (B) The cremation aut…

17 CAR § 30-705. Delegating authorization. (a) If an authorizing agent is not available to execute the cremation authorization form, that person may delegate that authority to another person in writing, or, if located outside of the area, by sending the crematory authority a writ…

17 CAR § 30-706. Receipt for delivery. (a) Upon receipt of the human remains, the crematory authority shall furnish to the person who delivers such human remains, a receipt signed by both the crematory authority and the person who delivers the human remains, including the followi…

17 CAR § 30-707. Type C Funeral Establishment — Record retention. (a) Records required under 17 CAR § 30-704 and 17 CAR § 30-706, shall be maintained for a period of three (3) years after the cremation of the body. (b) Following this period and subject to any other laws requiring…

17 CAR § 30-708. Type D Funeral Establishment — Required records. (a) Transport service firms are required to retain the following records: (1) The name of the deceased; (2) The date of transportation; (3) The location from which the body was picked up; (4) The location to which …

17 CAR § 30-801. Use of outside services. No funeral director, embalmer, or establishment shall utilize the services of an independent contractor, trade embalmer, or any other outside provider if the funeral director, embalmer, or establishment knows, or reasonably should know, t…

17 CAR § 30-802. Professionalism. All persons engaged in the profession of funeral directing, embalming, or the operation of a funeral establishment shall at all times act in a professional manner.

17 CAR § 30-803. Minimum standards. Minimum standards of service include the following: (1) Members of the public shall be treated in a respectful manner; (2) Establishments shall honor, in a timely manner, financial obligations to: (A) Suppliers; (B) Distributors; or (C) Other p…

17 CAR § 30-804. Code of ethics and professional conduct. (a) Service to families. (1) When making arrangements, funeral directors, embalmers, and establishments (“licensees”) have a legal and ethical responsibility to provide fair, accurate, nonjudgmental information, and compet…

17 CAR § 31-101. Purpose. The purpose of this part is to provide for licensure of individuals who hold a federal Form I-766 United States Citizenship and Immigration Services-issued Employment Authorization Document.

17 CAR § 31-102. Definitions. As used in this part, “licensure” means a: (1) Certificate of registration issued to an apprentice embalmer; (2) Certificate of registration issued to an apprentice funeral director; (3) License issued to an embalmer; (4) License issued to a funeral …

17 CAR § 31-103. Requirements. The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall grant a license to an applicant who fulfills the Arkansas requirements for licensure and is a person who holds a federal Form I-766 United States Citizenship and …

17 CAR § 32-101. Purpose. The purpose of this part is to waive the initial licensing fees for those individuals who are covered by the Workforce Expansion Act of 2021, Arkansas Code § 17-5-101 et seq., and who apply to the State Board of Embalmers, Funeral Directors, Cemeteries, …

17 CAR § 32-102. Definitions. As used in this part, “initial licensing fee” means the following fees: (1) The application fee required for an apprentice embalmer; (2) The application fee required for an apprentice funeral director; (3) The application fee required for a licensed …

17 CAR § 32-103. Requirements. The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall waive the initial licensing fee if the applicant: (1) Is receiving assistance through the: (A) Arkansas Medicaid Program; (B) Supplemental Nutrition Assistance Pr…

17 CAR § 37-101. Definitions. As used in this part: (1) “Apprentice” means an individual: (A) Enrolled in an apprenticeship training program that is registered by the United States Office of Apprenticeship; (B) Working within their chosen occupation; (C) Who has a signed indentur…

17 CAR § 37-102. Instructor qualifications. (a) In order to be a qualified instructor, an individual must: (1) Meet the Department of Education’s vocational-technical instructor requirements; or (2) Be recognized as a subject matter expert within an industry as having expertise i…

17 CAR § 37-103. Terms of apprenticeship agreement. (a) All apprentices shall be placed under a written apprenticeship agreement which shall be signed by the: (1) Apprentice; (2) Apprentice’s employer; and (3) Program sponsor. (b) All signed apprenticeship agreements under this s…

17 CAR § 37-104. Working conditions and safety. (a) Apprentices shall be subject to the same hours of work and working conditions as licensed journeymen within the occupation. (b) The apprentice’s employer shall: (1) Instruct the apprentice in safe practices and procedures; and (…

17 CAR § 37-105. Related technical instruction. (a)(1) Apprentices are required to attend related technical instruction classes: (A) For a minimum of one hundred forty-four (144) hours per year; or (B) As mandated in the standards of apprenticeship for the relevant occupation. (2…

17 CAR § 37-106. Duties of the program sponsor or local apprenticeship committee. (a) Program sponsors and local apprenticeship committees shall: (1) Administer the apprenticeship program and enforce its provisions; (2) Establish minimum standards of education and experience for …

17 CAR § 37-107. Apprenticeship funding. (a) A program sponsor will be eligible to apply for apprenticeship funding through the Office of Apprenticeship of the Office of Skills Development based on the following: (1) Number of contact hours of related technical instruction as app…

17 CAR § 37-108. Plumbing apprenticeship programs. (a)(1) The provisions in this section govern plumbing apprenticeship programs and are supplemental to the requirements outlined in 17 CAR §§ 37-101 – 37-107, unless otherwise specified by this section. (2) Terms shall have the de…

17 CAR § 37-109. Electrical apprentice programs. (a)(1) The provisions in this section govern electrical apprenticeship programs and are supplemental to the requirements outlined in 17 CAR §§ 37-101 – 37-107, unless otherwise specified by this section. (2) Terms shall have the de…

17 CAR § 37-110. Pre-apprenticeship programs. (a)(1) Pre-apprenticeship programs provide instruction and training to increase math, literacy, and other vocational skills needed to gain industry into a registered apprenticeship program. (2) Pre-apprenticeship programs are not regi…

17 CAR § 37-111. Construction Industry Craft Training Trust Fund. (a)(1) The Office of Apprenticeship of the Office of Skills Development, in collaboration with the Arkansas Apprenticeship Coordination Steering Committee, will make every effort to ensure the fair and equitable di…

18 CAR § 1-101. Approved posting paint. The accepted paint for posting real property shall be: (1) Light purple in color; and (2) An exterior grade paint.

18 CAR § 1-102. Availability. The Forestry Division of the Department of Agriculture shall: (1) Maintain paint sample formulas from major manufacturers for the approved paint and publish them on their website; and (2) Have samples available upon request.…

18 CAR § 21-101. Title. This part shall be known as the “Arkansas Unclaimed Property Administrative Rules.”

18 CAR § 21-102. Purpose. The purpose of this part is to provide clear and consistent rules for all participants in the Arkansas Unclaimed Property Program.

18 CAR § 21-103. Intent. (a)(1) The Arkansas Unclaimed Property Program is one (1) element of the state’s consumer protection initiatives. (2) It allows lost or abandoned property to be collected in a single, neutral location for the convenience of the owner, and makes it possibl…

18 CAR § 21-104. Definitions. (a) This part adopts the definitions set forth in Arkansas Code § 18-28-201. (b) In addition to the definitions set forth in Arkansas Code § 18-28-201, this part defines the following terms: (1)(A) “Descendants” means an individual’s children, grandc…

18 CAR § 21-201. Organization and administration. (a) The Auditor of State is the administrator of the Arkansas Unclaimed Property Program. (b) The Auditor of State has explicit authority to delegate his or her duties to division directors or employees as deemed appropriate. (c) …

18 CAR § 21-202. No permanent escheat. (a) Unclaimed property received by the State of Arkansas does not permanently escheat to the state. (b) It remains held in trust, in perpetuity.

18 CAR § 21-301. Time periods. (a) Generally, property becomes subject to the Unclaimed Property Act between three (3) and seven (7) years after dormancy. (b) However, some properties take as little as one (1) year or, in the case of traveler’s checks, as many as fifteen (15) yea…

18 CAR § 21-302. Reporting required. Any person holding unclaimed property, as defined by Arkansas Code § 18-28-201 et seq., or Arkansas Code § 18-28-401 et seq., is required to file a report of unclaimed property to the Auditor of State.

18 CAR § 21-303. Statutory indemnification. (a) A holder who has remitted abandoned property to the state is relieved of liability for any claim which exists, or which may arise pursuant to Arkansas Code § 18-28-208(d). (b) Should a holder be sued for the remittance of property u…

18 CAR § 21-304. Prior to reporting. (a)(1) More than ninety (90) days prior to reporting property presumed abandoned under Arkansas law, each holder must exercise due diligence to locate the rightful owner. (2) Those efforts should include, but are not limited to: (A)(i) Reviewi…

18 CAR § 21-305. Reporting form and format. (a)(1) A holder shall submit reports electronically using the most current National Association of Unclaimed Property Administrators’ (NAUPA) standard electronic file format. (2) The reports must be submitted through the Arkansas unclai…

18 CAR § 21-306. Reporting and Delivery of Property. (a)(1) Holders are responsible for the content, accuracy, and timeliness of reports, as well as the retention of all records associated with the reports. (2) Holders’ report responsibilities apply regardless of whether the repo…

18 CAR § 21-307. Properties with special reporting requirements. (a) Life insurance. A life insurance company or person reporting life insurance proceeds must comply with the following additional requirements: (1) The full name of each insured or annuitant, or if a class of benef…

18 CAR § 21-308. Interest or service charge accrual. Accrual of service fees or interest on account balances terminates once property is deemed abandoned under Arkansas law.

18 CAR § 21-309. Voluntary disclosure program. (a) The voluntary disclosure program allows a holder to come into compliance with the reporting and delivery of property presumed abandoned without penalty during the period the holder participates. (b)(1) To participate in the volun…

18 CAR § 21-310. Holder advocates. (a) A holder subject to examination may retain third-party advocates to assist them in the examination process. (b) However, the retention of an advocate is not sufficient basis to delay the commencement of the examination. (c) The Auditor of St…

18 CAR § 21-311. Confidentiality agreements. (a) A holder subject to examination may require, as a condition of disclosure, that the Auditor of State, or his or her agent, execute and deliver to the holder to be examined a confidentiality agreement that: (1) Is in a form that is …

18 CAR § 21-312. Estimation. (a) If a holder subject to examination does not retain the records required by the applicable laws and regulations, the Auditor of State may determine the value of property due using a reasonable method of estimation based on all information available…

18 CAR § 21-401. Claims. A person making a claim to property held under the Arkansas Unclaimed Property Act or Mineral Proceeds Act by the Auditor of State may file a claim for the property on a form prescribed by the Auditor of State and that is available on the Auditor of State…

18 CAR § 21-402. Burden of proof. (a)(1) The Auditor of State is the custodian for unclaimed property delivered to the state and is responsible for the safekeeping of that property. (2) Any person making a claim for any property held by the Auditor of State shall bear the burden …

18 CAR § 21-403. Power of attorney. (a) A claim made by a person with a duly authorized power of attorney on behalf of the original owner may be processed at the Auditor of State’s discretion. (b) If a claim by power of attorney is initiated, such action does not preclude the Aud…

18 CAR § 21-404. Determining ownership. (a) If an owner dies intestate, the Auditor of State shall apply the “Intestate Descent Table” set forth in Arkansas Code § 28-9-214. (b)(1) The Auditor of State’s form affidavit of heirship can be used to establish the heirs of a decedent …