Arkansas Administrative Code

23 CAR § 400-220. Site requirements. (a) Storage. (1) Adequate storage shall be provided to protect equipment from physical, chemical, and ultraviolet ray damage. (2) The storage area shall be secured against unauthorized entry. (b) Communications. (1) There shall be a public add…

23 CAR § 400-221. Safety and loss control management. (a) Coordinator. A jump master shall be designated safety, health, and loss control coordinator. (b) Knowledge of rules. The jump master shall be thoroughly familiar with the bungee jumping rules in this subpart. (c) Emergency…

23 CAR § 400-222. Staff and duties. (a) Minimum age. The minimum age for employment at a bungee jumping site shall be eighteen (18) years. (b)(1) Jump master qualifications. To qualify as a jump master for a bungee jumping site, a person shall have completed a minimum of twenty-f…

23 CAR § 400-223. Site operating manual. (a) Contents of manual. The site operating manual shall describe the system of operation to be used and shall include, but not be limited to, a complete description of the following: (1) A site plan containing a plan view of the site with …

23 CAR § 400-224. Emergency provisions and procedures. (a) Emergency plan. Each site shall have an emergency plan. (b) First-aid kit. A first-aid kit and blankets shall be maintained on site. (c) First aid certification. All jump masters shall have current first aid and CPR certi…

23 CAR § 410-101. Commission meetings. (a)(1) Regular meetings of the Arkansas Motor Vehicle Commission shall be held on the third Wednesday of each month and will continue in session until business is completed insofar as it is possible. (2) Any regular meeting of the commission…

23 CAR § 410-102. Appearance before the commission. (a) Any person desiring to appear before the Arkansas Motor Vehicle Commission at any regular meeting to take up any business within the jurisdiction of the commission shall, at least twenty (20) days prior to any such meeting, …

23 CAR § 410-103. Order of business and notice. The Director of the Arkansas Motor Vehicle Commission shall arrange the order of business for all meetings of the commission and shall, at least fifteen (15) days thereto, notify all persons who are to appear before any such meeting…

23 CAR § 410-104. Records of proceedings — Record keeping. (a) The Director of the Arkansas Motor Vehicle Commission shall keep and maintain on file in the Arkansas Motor Vehicle Commission office a record of all proceedings of the commission. (b) The director shall also keep on …

23 CAR § 410-105. Director vacancy. At any time a vacancy shall exist in the office of the Director of the Arkansas Motor Vehicle Commission, the powers and duties of that office shall be performed by the commissioner holding the office of Commission Secretary and/or any member o…

23 CAR § 410-201. Hearings provisions and procedures. (a)(1) Any hearing to be conducted by the Arkansas Motor Vehicle Commission may be held at a regular commission meeting or at a special meeting convened for that purpose. (2) A hearing may be called on a notarized complaint fi…

23 CAR § 410-202. Alternate proceedings. (a)(1)(A) Prior to proceeding to a formal adjudicative hearing as provided for in 23 CAR § 410-201, the case will be reviewed by an ad hoc committee to determine whether summary proceedings should be invoked. (B) Members of the committee s…

23 CAR § 410-301. Objective. (a)(1) This subpart implements the legislative intent of the law governing advertising as stated in the Arkansas Motor Vehicle Commission Act, Arkansas Code § 23-112-101 et seq. (2) False and misleading advertising will be defined and prohibited in a …

23 CAR § 410-302. Definitions. As used in this subpart: (1) “Advertisement” or “advertising” means any oral, written, telecommunicated, graphic, pictorial, or other statement made in the course of soliciting business, including without limitation a statement or representation: (A…

23 CAR § 410-303. Advertising guidelines for sale or lease of new and used motor vehicles. (a) General advertising guidelines. (1)(A) The advertised price of a motor vehicle must be the full cash price for which the dealer will sell or lease the vehicle to any consumer and shall …

23 CAR § 410-304. Manufacturer advertising for new, used, and/or leased vehicles. (a) Manufacturers must comply with this subpart on advertising. (b) The suggested retail price of a new motor vehicle when advertised by a manufacturer or distributor shall include the following: (1…

23 CAR § 410-305. Prohibited statements and advertising techniques. The following statements or advertising techniques are presumptively false and misleading, and the burden of proving otherwise shall be on the advertiser/licensee: (1)(A) Statements using abbreviations or shorten…

23 CAR § 410-306. Required disclosures for credit term and lease advertisements. (a) Closed-ended credit term advertising. (1) The Federal Reserve System and the Federal Trade Commission are two (2) agencies involved with the enforcement of federal Regulation Z. (2)(A) If an adve…

23 CAR § 410-401. Facility requirements for locations licensed by the commission. (a) General requirements. (1)(A) Must be a building permanently affixed and anchored to a foundation system. (B) A tent or temporary stand is not deemed permanent. (2) May not be shared with a resid…

23 CAR § 410-402. Facility requirements for branch locations licensed by the commission. (a) Branch name. The name used on signage at the branch location and in advertisements for the branch location: (1) May not include any portion of the franchise name used at the primary locat…

23 CAR § 410-501. Limitations. (a) A new motor vehicle dealer will be licensed only after the Arkansas Motor Vehicle Commission is provided with a signed copy of the contract between the dealer and manufacturer or distributor which specifies: (1) The line-make or line-makes which…

23 CAR § 410-601. Licensing dealer leasing activities. (a) A new motor vehicle dealer conducting a leasing business at a location licensed for the sale of new motor vehicles and as a part of the same business entity, whether a proprietorship, partnership, corporation, or any othe…

23 CAR § 410-701. Off-premises sales, displays, and/or events — Generally. (a) Off-premises sales, displays, and/or events: (1) Are strictly prohibited except as provided in this part; (2) Are permitted after prior written approval is obtained from the Arkansas Motor Vehicle Comm…

23 CAR § 410-702. Definitions. As used in this subpart: (1) “AMVC” means the Arkansas Motor Vehicle Commission; (2) “Contiguous” means counties bordering or sharing a common border with the host county; (3) “Dealer” means a new motor vehicle dealer licensed by the Arkansas Motor …

23 CAR § 410-703. Obtaining approval to conduct off-premises sales. (a) In order to obtain approval to sponsor an off-premises sale for new motor vehicle dealers, a sponsor must: (1) Invite all local new motor vehicle dealers to participate in the off-premises sale; and (2)(A) Su…

23 CAR § 410-704. Conducting off-premises sales, displays, and/or events. (a) The sponsor must conduct the off-premises sale of new and/or used motor vehicles in compliance with: (1) The Arkansas Motor Vehicle Commission Act, Arkansas Code § 23-112-101 et seq.; (2) The rules of t…

23 CAR § 410-705. Participation by qualified dealers. (a) Qualified dealers may be invited to participate in an off-premises sale provided that: (1) The sponsor obtains written approval from the Director of the Arkansas Motor Vehicle Commission; (2) A reciprocity agreement has be…

23 CAR § 410-706. Inviting qualified dealers from contiguous counties — Specific industry guidelines. (a) Automobile/truck. (1) If there are no automobile or truck dealers in the host county, all qualified dealers in contiguous counties must be invited to participate. (2) If ther…

23 CAR § 410-707. Displays. Dealers may display new motor vehicles at locations other than that for which a license is held, provided: (1) Arkansas Motor Vehicle Commission approval has been granted; (2) A Display Request Form is on file at the commission office; (3) Dealer perso…

23 CAR § 410-708. Exceptions for new automobiles and truck sales and/or displays and used vehicle sales. (a) New and used vehicle displays. A new motor vehicle dealer licensed by the Arkansas Motor Vehicle Commission may display not more than five (5) new vehicles per franchise h…

23 CAR § 410-709. Manufacturer or distributor event or events. (a)(1) Events may be conducted by a qualified manufacturer or distributor provided the following qualifications are met: (A) The event is held at a public venue; (B) If the event promotes any dealer of its franchise l…

23 CAR § 410-710. Manufacturer allowed new motor vehicle displays. If the purpose of the show is to display vehicles for the general public to review and inspect a manufacturer’s or a distributor’s new motor vehicle or vehicles, whether or not a Arkansas Motor Vehicle Commission …

23 CAR § 410-711. Cancellation, suspension, or termination of off-premises sale and/or display grounds. (a)(1) The Director of the Arkansas Motor Vehicle Commission may suspend, cancel, or terminate: (A) An off-premises sale; (B) An off-premises display; and (C) A manufacturer or…

23 CAR § 410-801. Fees and disclosures. (a) Pursuant to Arkansas Code § 23-112-317(c)(1) the Arkansas Motor Vehicle Commission shall determine the amount of the dealer service or handling fee, and that fee shall be no less than zero dollars ($0) and no more than one hundred twent…

23 CAR § 410-901. Required disclosures. (a) Disclosures in the following language, in order and sequence, must be used in all agreements for delivery prior to sale of any motor vehicle unless excluded by this part: AGREEMENT FOR DELIVERY PRIOR TO SALE These disclosures are requir…

23 CAR § 430-101. Definitions. As used in this part, unless the context otherwise requires, the following terms are defined as: (1) “Act” means Acts 1993, No. 490, as it may hereafter be amended; (2) “Applicant” means any person who has submitted to the Division of Arkansas State…

23 CAR § 430-102. Licensee responsibilities. (a) Any person who fails to renew the certificate of license as outlined in the act and within the guidelines of the provisions of the Office of Motor Vehicle shall be required to submit with the application for renewal a sworn affidav…

23 CAR § 430-103. Hearing provisions. (a)(1) The Director of the Division of Arkansas State Police shall have the authority to deny the issuance of a license. (2) He or she shall notify the applicant of his or her decision in writing, stating the reason for the denial. (3) The ap…

23 CAR § 430-104. Reciprocal, temporary, and expedited licensure. (a)(1) An applicant who holds a used motor vehicle dealer’s license in another state, territory, or district of the United States may obtain a reciprocal Arkansas license if he or she meets the requirements set for…

23 CAR § 431-101. Scope. This part shall apply to all used motor vehicle dealerships which or used motor vehicle dealers who are subject to licensure by the Division of Arkansas State Police under Arkansas Code § 23-112-601 et seq.

23 CAR § 431-102. Definitions. As used in this part: (1) “Director” means Director of the Division of Arkansas State Police; (2) “Division” means the Division of Arkansas State Police; (3) “Service and handling fee” as a term means the sums charged customers of used motor vehicle…

23 CAR § 431-103. Determination of fee. (a) By law, the Director of the Division of Arkansas State Police shall, pursuant to Arkansas Code § 23-112-617, determine the amount of licensed used motor vehicle dealers’ fees for servicing and handling the sale, or lease with option to …

23 CAR § 431-104. Dealers’ imposition of fee. (a) Any service and handling fee imposed on customers by used motor vehicle dealers subject to this part: (1) Shall be charged uniformly to all retail customers; (2) May not be presented as: (A) Mandatory in writing, electronically, v…

23 CAR § 450-101. Authority. This part is promulgated pursuant to the Arkansas Public Service Commission’s authority under Arkansas Code §§ 23‑2‑301, 23‑2‑304(a)(3), 23‑2‑305, 23‑3‑102(e), 23‑3‑103, and 23-18-103.

23 CAR § 450-102. Purpose. The purpose of this part is to: (1) Ensure that all transactions among or between a public utility and any affiliates or divisions do not result in rates which are unreasonable and in violation of Arkansas Code §§ 23-4-103 and 23-4-104; (2) Ensure that …

23 CAR § 450-103. Definitions. As used in this part: (1) “Affiliate” means: (A) Any person covered by the definition of: (i) “Affiliated interest with a public utility” under Arkansas Code § 23‑1‑101(1); (ii) “Affiliate” under Arkansas Code § 23‑3‑302(2); or (iii) “Affiliated com…

23 CAR § 450-104. Affiliate financial transactions. (a) Except as otherwise provided in this section, a public utility shall not engage in any affiliate transaction in which the public utility: (1) Provides to or shares with any affiliate any financial resource or financial benef…