Arkansas Administrative Code

27 CAR § 30-127. Extensions or rescheduling of hearing. The Office of Driver Services may reschedule or extend the hearing date if the licensee or his or her attorney at law request such delay under the following conditions: (1)(A) Illness, hospitalization, or recuperation of the…

27 CAR § 30-128. Office of Driver Services procedure. The following directions shall be considered Office of Driver Services procedure in the matters of a hearing: (1) Valid request for hearing. The date of the request for a hearing shall be the date of the postmark or the date t…

27 CAR § 30-129. Conditions for which hearing may be reset and alternate procedures. (a)(1) The licensee may cancel the hearing at any time. (2) However, the licensee will have forfeited the right to a hearing before suspension unless written application is made for an alternate …

27 CAR § 30-130. Incapacity of driver to report. Any person physically incapable of filing a report during the required time period may file a report within thirty (30) days after his or her recovery.

27 CAR § 30-131. Owner may file report. The Office of Driver Services may require the filing of whatever information it deems necessary to verify such incapacity of the driver and such date the owner learned of the accident.

27 CAR § 30-132. Form or evidence of a compliance. A written statement to the Office of Driver Services from a state agency having jurisdiction over that state’s driving privileges indicating compliance with that state’s laws, shall be evidence of compliance.

27 CAR § 30-133. Amount of security required. (a)(1) The Office of Driver Services may require proof of bodily injury or property damages where the estimated amount reported by all parties involved in the accident are not within comparable amounts. (2) See Arkansas Code § 27-19-6…

27 CAR § 30-134. Reevaluation of security. (a) The Office of Driver Services may reduce the amount of security required at any time if information warranting such reduction is received by the office. (b) The office may stay the issuance of any notice of security requirement for a…

27 CAR § 30-135. Incorporation of notice of security requirement and order of suspension. (a) The Office of Driver Services may incorporate in the notice of security required an order of suspension. (b) Said notice shall provide information to the person that upon the expiration …

27 CAR § 30-136. Verification of consent. The owner of a vehicle involved in an accident as described in this Act, or the liability insurance carrier for such vehicle, shall be considered the authority as to whether a vehicle was being operated without the owner’s permission, exp…

27 CAR § 30-137. Coverage by any other form of policy or bond. (a) If a person claims coverage by any form of liability insurance or bond not covered in this Act and such carrier or surety company is authorized to do business in this state and meets the requirements of Arkansas C…

27 CAR § 30-138. No injury or damage caused to other person or property. (a) The other party involved in an accident as described in this Act shall be considered the authority as to whether injury or damage was caused to their person or property. (b) However, the Office of Driver…

27 CAR § 30-139. Vehicle operated without permission of owner. Any owner whose vehicle was being used without his or her permission shall be relieved of the security requirement by filing information sufficient for the Office of Driver Services to determine that said vehicle was …

27 CAR § 30-140. Exempt ownership or lease statements. (a) Verification that a vehicle was owned or leased to the United States, this state, or any political subdivision of this state or municipality may come in the form of a written statement executed by an authorized agent of s…

27 CAR § 30-141. Vehicle driven or directed by a police officer. Any vehicle being driven or used under emergency police duties shall be exempt if such police officer files a written statement of such use with the Office of Driver Services.

27 CAR § 30-142. Security deposit designation. (a)(1) The driver and owner of a motor vehicle involved in an accident as described in this Act shall be the only person or persons required to deposit security. (2) However, any person or persons may deposit the security on behalf o…

27 CAR § 30-143. Form of security. (a) Security deposits shall be made in cash, money order, and cashier’s check. (b) Personal checks may be accepted, but shall be endorsed immediately. (c) Assignments of certificates of deposits or passbook type savings may also be accepted.…

27 CAR § 30-144. Financial responsibility corporate surety bond. (a) A financial responsibility corporate surety bond may be filed in lieu of the specified forms of security as described in 27 CAR § 30-143. (b) Such bond shall be: (1) On a form approved by the Director of the Off…

27 CAR § 30-145. No installment payments on security. (a) The security must be deposited in the total amount as determined by the Office of Driver Services. (b) No security shall be accepted under any type of installment payment.

27 CAR § 30-146. Notice to be sent to nonresident’s home state. Upon suspending the operating privilege of any nonresident, the Office of Driver Services shall issue notice of such suspension to the state in which such nonresident resides.

27 CAR § 30-147. Procedure of suspension same for nonresidents. A nonresident shall have driving and registration privileges suspended in the same manner as for a resident.

27 CAR § 30-148. Relief may be granted to owner and/or driver. (a)(1) If any person other than the licensee is deprived of the necessities of life, food, clothing, and/or shelter, then the licensee may request a hearing before the Office of Driver Services for relief from order o…

27 CAR § 30-149. Form of the affidavit. Any affidavit filed pursuant to this subsection must include, but shall not be limited to the following items: (1) Date and location of accident; (2) Effective date of suspension; and (3) Statement that one (1) year has elapsed since the ef…

27 CAR § 30-150. Definition of an affected person. For the purpose of this section, means any person with a pecuniary interest in an accident as described in this Act may be considered an affected person.

27 CAR § 30-151. Form of agreement. Any written agreement filed with the Office of Driver Services as an exception to the security requirement should include, but shall not be limited to the following items: (1) Conditions of the agreement; (2) Date and location of accident; (3) …

27 CAR § 30-152. Reduced security. Any agreement which does not provide for settlement of all claims shall not terminate the security requirement, however, whatever monetary amount is listed on such agreement shall be subtracted from the security required.

27 CAR § 30-153. Existence of a default. (a) The agreement creditor shall notify the Office of Driver Services in writing within one (1) year of any default. (b) The office shall not enter into any mediation with the agreement debtor as to whether the terms of the agreement have …

27 CAR § 30-154. Erroneous notice of default. If the Office of Driver Services is notified of a default, then action shall be taken pursuant to this subsection unless the agreement creditor files a written statement that such default notice was erroneous.

27 CAR § 30-155. Balance of security to be deposited. (a) If notice of a default is received by the Office of Driver Services, then the office shall issue a notice of the balance of security required. (b) Such security requirement shall be the difference between the: (1) Amount o…

27 CAR § 30-156. Verification that balance has been paid. Upon notice by the agreement creditor that all conditions of the agreement have been met and the creditor is releasing the agreement debtor from the conditions of the agreement, then the Office of Driver Services shall res…

27 CAR § 30-157. Form of the affidavit. Any affidavit filed for reinstatement of driving and/or registration privilege shall include, but shall not be limited to the following items: (1) Date and location of accident; (2) Effective date of suspension; and (3) Statement that one (…

27 CAR § 30-158. Release signed by all persons. A release from liability executed in favor of a person subject to the security requirement shall be signed by all persons for whom the Office of Driver Services has required security.

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27 CAR § 30-160. Conflict with other contractual agreements. Any release of liability executed and filed shall be accepted regardless of whether the releasor’s signing of the release is in conflict with any other contractual agreement known or unknown to either the releasor or th…

27 CAR § 30-161. Covenant not to sue signed by all persons. Any covenant not to sue executed in favor of a person subject to the security requirement shall be signed by all persons for whom the Office of Driver Services has required security.

27 CAR § 30-162. Form of covenant not to sue. The covenant not to sue should be notarized indicating: (1) The parties of the covenant; (2) The date and location of the accident; (3) Any conditions under which the covenant is being executed; (4) The date the covenant is being exec…

27 CAR § 30-163. Conflict with other contractual agreements. Any covenant not to sue executed and filed shall be accepted regardless of whether any party of the covenant is in conflict with any other contractual agreement known or unknown to either the parties or the Office of Dr…

27 CAR § 30-164. Verification of adjudication. Verification of final adjudication of nonliability shall be reported to the Office of Driver Services by certified copy of final judgment.

27 CAR § 30-165. Verification of payment of a judgment. Verification of satisfaction of a judgment shall be reported to the Office of Driver Services by: (1) The court rendering such judgment; or (2) A written statement by the judgment creditor or his or her representative that s…

27 CAR § 30-166. Verification of reimbursement. (a) Verification of reimbursement may be a statement of reimbursement signed by the reimbursor or his or her liability insurance carrier, or receipt, or copies of receipts, signed by the reimbursor. (b) Such verifications must also …

27 CAR § 30-167. Office may disburse security for settlement. (a) The Office of Driver Services shall, upon receipt of proper verification, disburse any or all of a security deposit if such disbursement is for the settlement of any claim arising from some person for whom the offi…

27 CAR § 30-168. Security disbursement upon receipt of judgment. (a) Upon receipt of a certified copy of a judgment, the Office of Driver Services shall disburse the security to any person obtaining the judgment for whom the office is requiring security. (b) Such security shall b…

27 CAR § 30-169. Form of disbursement request. The form of the disbursement request must include, but shall not be limited to, the following items: (1) Amount of deposit; (2) Amount to be disbursed; (3) Name and address of person or persons to receive disbursement and amount each…

27 CAR § 30-170. Suit filed more than one year from deposit date. If action at law is begun more than one (1) year from the date of deposit, then such security shall not be disbursed to the judgment creditor unless the depositor of such security requests such disbursement pursuan…

27 CAR § 30-171. Only depositor may request disbursement for settlement. (a) Request of disbursement must be made by the person depositing the security. (b) Request by the person required to provide the security shall not be honored unless such person is also the depositor.…

27 CAR § 30-172. Form of affidavit for return of deposit. Any affidavit filed for the return of a deposit shall include, but shall not be limited to the following items: (1) Date and location of the accident; (2) Statement that: (A) One (1) year has elapsed since such deposit was…

27 CAR § 30-173. Other satisfactory evidence. (a) The Office of Driver Services may, in its discretion, accept evidence other than an affidavit if such evidence is deemed satisfactory. (b) Such evidence may include, but shall not be limited to the following items: (1) Statement f…