Arkansas Administrative Code

20 CAR § 811-103. Recordkeeping requirements — Maintained records. (a) Records required to be kept for current year and three (3) proceeding calendar years: (1)(A) General business records. (B) Transporters/distributors shall keep all books and records necessary to fully account …

20 CAR § 811-201. Registry identification card. Any employee, supervisor, or agent employed by a transporter/distributor must have a current registry identification card issued by the Alcoholic Beverage Control Division pursuant to this part.

20 CAR § 811-202. Hiring procedure. (a) A transporter/distributor shall provide a prospective agent a completed Notice of Intent to Hire form for submission to the Alcoholic Beverage Control Division. (b) The prospective agent may not perform any duties on behalf of the transport…

20 CAR § 811-203. Separation of employment. (a) A transporter/distributor shall notify the Alcoholic Beverage Control Division when any agent ceases to be employed by the transporter/distributor. (b) Notice of separation of employment shall be on a form provided by the division, …

20 CAR § 811-204. Personnel records. (a) A transporter/distributor shall keep a record of all agents employed by the transporter/distributor, including, but not limited to: (1) Name of agent; (2) Detailed job description; (3) Records of all training received or acquired by the ag…

20 CAR § 811-301. Inspection and investigation. (a) Transportation vehicles and transporter/distributor facilities shall be subject to reasonable inspection by the Alcoholic Beverage Control Division. (b) The Director of the Alcoholic Beverage Control Division, the Director of th…

20 CAR § 811-302. Inspection required prior to operation. (a) All transporters/distributors shall notify the Alcoholic Beverage Control Division of their intent to commence operations. (b) The Alcoholic Beverage Control Division shall conduct a thorough inspection of the premises…

20 CAR § 811-303. Annual inspections required. (a) The Alcoholic Beverage Control Division shall conduct or request the Alcoholic Beverage Control Enforcement Division to conduct, at minimum, one (1) inspection every twelve (12) months, of all transportation vehicles and transpor…

20 CAR § 811-401. Duty to operate a secure premises. (a) A transporter/distributor shall implement appropriate security measures to deter and prevent the theft and diversion of marijuana. (b) A transporter/distributor shall implement appropriate security measures to deter and pre…

20 CAR § 811-402. Transport security. (a) Shipping requirements. (1) Shipping container required. A transporter/distributor shall only transport medical marijuana that is packaged for transport inside a shipping container, as defined in this rule, tagged with a UIN. (2) Secured c…

20 CAR § 811-403. Storage facility requirements. If a transporter is required to store marijuana at the licensed facility due to an inability to complete delivery within the designated allowable times, the following requirements shall apply: (1) Storage requirements. (A) All mari…

20 CAR § 811-501. Hours of operation. (a) A transporter/distributor may transport medical marijuana to a licensed facility or approved laboratory between the hours of 7:00 a.m. and 9:00 p.m. (b) If the transporter/distributor has in its possession medical marijuana outside of the…

20 CAR § 811-502. Inventory manifest required. (a)(1) Prior to the transport of any marijuana, the originating licensee shall provide the transporter/distributor with a copy of the manifest generated from the inventory tracking system. (2) The manifest shall include the following…

20 CAR § 811-503. Transporter/distributor restrictions. A transporter/distributor licensed under this part shall not: (1) Grow or prepare marijuana; (2) Manufacture or process marijuana; (3) Supply or dispense marijuana to a qualified patient or designated caregiver; and (4) Purc…

20 CAR § 811-504. Limited access to transporter/distributor facility. Only the following individuals shall be allowed to access transporter’s/distributor’s facility: (1) Individuals in possession of a current registry identification card issued by the Alcoholic Beverage Control D…

20 CAR § 811-505. Limited access areas. (a) Transporter’s/distributor’s facility shall have limited access to areas where marijuana is stored to authorized personnel. (b) Signage. Limited access areas shall be clearly marked. (c) Controlled access. (1) Limited access areas shall …

20 CAR § 811-506. Inventory tracking system. (a) All transporters/distributors shall utilize the inventory tracking system implemented by the State of Arkansas to medical marijuana stored at the licensed facility. (b) Transporters/distributors shall acquire and maintain all softw…

20 CAR § 811-507. Transporter/distributor tracking requirements. (a) Transporters/distributors shall ensure the following events are logged into the inventory tracking system: (1) The storage of medical marijuana at their facility; and (2) Transport of medical marijuana back to t…

20 CAR § 811-601. Investigations. (a) The Director of the Alcoholic Beverage Control Division, or the Director of the Alcoholic Beverage Control Enforcement Division, or an enforcement agent, may: (1) Without the need for a search warrant, inspect at any time: (A) A transportatio…

20 CAR § 811-602. Closure of business. The Director of the Alcoholic Beverage Control Division may issue an order providing for the manner and condition under which marijuana may be transferred to another licensed facility under the following circumstances: (1) Revocation or susp…

20 CAR § 811-701. Advertising — Directed toward the public. Transporters/distributors shall not advertise through any public medium or means designed to market its services to the public.

20 CAR § 811-702. Advertising — Directed toward facilities and laboratories. Transporters/distributors may market their services directly to licensed facilities and approved labs by any means directed solely to the licensed facilities and approved labs and not to the public.…

20 CAR § 811-801. Registration required. (a) Every individual employed by or working for or volunteering for a transporter/distributor shall register with the Alcoholic Beverage Control Division and obtain a registry identification card prior to the commencement of any activity o…

20 CAR § 811-802. Application. (a) The following items must be submitted to the Alcoholic Beverage Control Division to apply for a transporter/distributor agent registry identification card: (1) An application form from the Alcoholic Beverage Control Division to include the follo…

20 CAR § 811-803. Registry identification card. (a) An agent of a transporter/distributor shall maintain possession of their transporter/distributor agent registry identification card during any activity within the scope of employment or service of a transporter/distributor. (b) …

20 CAR § 811-804. Fees. (a) Initial registry identification card - $50.00. (b) Renewal of registry identification card - $50.00. (c) Renewal late fee - $25.00. (d) Replacement of registration card - $25.00.

20 CAR § 811-805. Issuance. (a) The total fee for a registry identification card issued by the Alcoholic Beverage Control Division shall be fifty dollars ($50.00). (b) The total fee shall be collected as follows: (1) One half (1/2) of the fee shall be remitted along with the appl…

20 CAR § 811-806. Replacement. (a) The Alcoholic Beverage Control Division shall issue a replacement registry identification card to a transporter/distributor agent if the card has not expired. (b) In order to receive a replacement registry identification card, a person must pres…

20 CAR § 811-807. Expiration and renewal. (a) A registry identification card shall expire one (1) year after the date of issuance unless renewed as described in this part. (b) A registry identification card shall expire upon notification to the Alcoholic Beverage Control Division…

20 CAR § 811-808. Separation of employment. A transporter/distributor shall notify the Alcoholic Beverage Control Division of any employment separation of a transporter/distributor agent by filing a Notice of Separation of Employment with the division within seven (7) days follow…

20 CAR § 811-809. Persons disqualified. (a) The Alcoholic Beverage Control Division shall not issue a registry identification card to the following individuals: (1) Any person under twenty-one (21) years of age; (2) Any person who has been convicted of an excluded felony offense;…

20 CAR § 811-901. Grounds for suspension or revocation of a registry identification card. (a) If the Alcoholic Beverage Control Division finds that a transporter/distributor agent has knowingly violated any provision of the Arkansas Medical Marijuana Amendment of 2016, Ark. Const…

20 CAR § 811-902. Grounds for suspension, revocation, or placing a monetary fine against a transporter/distributor or transporter/distributor agent. Grounds for suspension, revocation, or placing a monetary fine against a transporter/distributor or transporter/distributor agent: …

20 CAR § 811-903. Notice of violation. (a) The Director of the Alcoholic Beverage Control Division may issue a notice of violation if an inspection report or other credible information shows a transporter/distributor or its agent is in violation of: (1) The Arkansas Medical Marij…

20 CAR § 811-904. Emergency suspension. (a) If the Director of the Alcoholic Beverage Control Division finds, pursuant to Arkansas Code § 25-15-211(c), that the public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in …

20 CAR § 811-905. Notice of hearing. (a) If a hearing is required by this part, a notice of hearing shall be sent to the respondent transporter/distributor or transporter/distributor agent via regular mail or by service of an enforcement agent to the address on file with the Alco…

20 CAR § 811-906. Conduct of hearing by director or hearing officer. (a) The Director of the Alcoholic Beverage Control Division or designated hearing officer shall conduct hearings. (b) The director or hearing officer shall be authorized to: (1) Examine or cause to be examined u…

20 CAR § 811-907. Order of director. (a) If the Director of the Alcoholic Beverage Control Division denies, suspends, or revokes a transporter license or registry identification card, or if the director imposes a monetary fine against any transporter/distributor or transporter/di…

20 CAR § 811-908. Appeal of director’s order. (a) A transporter/distributor or transporter/distributor agent aggrieved by an order of the Director of the Alcoholic Beverage Control Division may appeal from such order to the Alcoholic Beverage Control Board by filing a notice of a…

20 CAR § 811-909. Conduct of hearing by the Alcoholic Beverage Control Board. In the conduct of any hearing held by the Alcoholic Beverage Control Board or the board’s designated hearing officer, the board or such hearing officer shall be authorized to: (1) Examine or cause to be…

20 CAR § 811-910. Order by the Alcoholic Beverage Control Board. (a) Within five (5) days after a hearing is concluded by the Alcoholic Beverage Control Board, the board shall issue its decision in the form of a written order. (b)(1) The order shall include findings of facts and …

20 CAR § 811-911. Appeal from the Alcoholic Beverage Control Board to courts. (a) Any transporter/distributor or transporter/distributor agent aggrieved by an Alcoholic Beverage Control Board order may appeal to circuit court in accordance with Arkansas Code § 25-15-212. (b) An a…

20 CAR § 811-912. Transcript of board hearings. (a) Pursuant to the provisions of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., the Alcoholic Beverage Control Division shall prepare a certified copy of the agency record for filing in any appeal fil…

20 CAR § 811-913. Admissibility of evidence in hearings. The Director of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Board, and any hearing officer shall not be bound by the legal rules of evidence in conducting any hearing and in making any decision, …

20 CAR § 811-914. Designation of hearing officer. Pursuant to the power granted to the Alcoholic Beverage Control Division, in part by Arkansas Code § 25-15-213, and pursuant to other powers granted to the Director of the Alcoholic Beverage Control Division and the Alcoholic Beve…

20 CAR § 811-915. Right to counsel and to cross-examine witnesses. Any respondent transporter/distributor or transporter/distributor agent or any other person compelled to appear at any hearing provided by this part or by any Arkansas medical marijuana law of the State of Arkansa…

20 CAR § 811-916. Surrender. After a transporter/distributor license or transporter/distributor agent registry identification card has been suspended or revoked by order of the Director of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Board, or any final…

20 CAR § 830-101. Purpose. The purpose of this part is to provide requirements that are applicable to perpetual care cemeteries and the cemetery companies who own and operate perpetual care cemeteries.

20 CAR § 830-102. Definitions. As used in this part: (1) “Board” means the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; (2) “Care and maintenance” means the continual maintenance of the cemetery grounds and graves in keeping with a properly mainta…

20 CAR § 830-103. Fee for examination of cemetery. The fee for every examination conducted by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services or its representative shall be one hundred dollars ($100) per day for each examiner who conducts the exam…