Arkansas Administrative Code

27 CAR § 51-112. Insurance requirements. (a)(1) Each third-party tester must maintain bodily injury and property damage liability insurance coverage on motor vehicles owned or registered by the third-party tester while used to administer CDL skills tests. (2) Insurance coverage m…

27 CAR § 51-113. Notification requirements. (a) The third-party tester must: (1) Notify the Division of Arkansas State Police in writing within thirty (30) days prior to any change in the tester’s name or address; and (2) Notify the division in writing within ten (10) days of any…

27 CAR § 51-114. Test administration. (a) CDL skills tests shall be conducted strictly in accordance with the provisions of law and the test specifications and procedures prescribed in the Third-party Examiner Manual provided by the Division of Arkansas State Police. (b) CDL skil…

27 CAR § 51-115. Denial/termination of third-party testing program. (a)(1) The Division of Arkansas State Police may deny any application for a third-party tester certificate/agreement or examiner certificate if the applicant or examiner does not qualify for the certificate under…

27 CAR § 51-116. Third-party testing fee schedule. The third-party testing fee schedule is as follows: (1) Third-party tester application fee, one hundred dollars ($100); (2) Third-party tester renewal fee, one hundred dollars ($100); (3) Third-party examiner application fee (inc…

27 CAR § 52-101. Noncommercial driver’s license testing — Waiting period. In the event that a person does not successfully complete the knowledge portion of the test for an Arkansas learner’s permit, learner’s license, or intermediate driver’s license, there shall be a five-calen…

27 CAR § 52-102. Noncommercial driver’s license — Failing skill testing. (a) Purpose. The purpose of this section is to define driver’s license skill testing offenses and penalties for a failed exam as provided by Arkansas Code § 27-16-705(c). (b)(1) Definitions. A person fails t…

27 CAR § 52-103. Procedures. (a) Any person violating any portion of 27 CAR § 52-102(b)(2)(A) of this part on the first offense will receive a verbal warning. (b) Any person violating any portion of 27 CAR § 52-102(b)(2)(B) of this part on the second offense will receive a two-we…

27 CAR § 52-104. Severability. Any section or provision of this part held by a court to be invalid or unconstitutional will not affect the validity of any other section or provision of this part.

27 CAR § 53-101. Purpose. The purpose of this part is to: (1) Define driver's license testing fraud; and (2) Establish penalties for such fraud as provided by Arkansas Code § 27-16-705(c).

27 CAR § 53-102. Definitions. A person commits driver's license or instruction permit examination fraud if during any written or electronic examination process for a driver's license or instruction permit the person: (1) Possesses or uses written or electronic answers to the exam…

27 CAR § 53-103. Procedures. (a) Any person violating any portion of 27 CAR § 53-102: (1) On the first offense will receive a suspension that bars the person from the privilege of taking the driver's license or instruction permit examination for forty-five (45) days; (2) On the s…

27 CAR § 53-104. Severability. Any section or provision of this part held by a court to be invalid or unconstitutional will not affect the validity of any other section or provision of this part.

27 CAR § 70-101. Bicycle facility accommodation policy. (a)(1) Accommodation of bicycles will be given due consideration when: (A) A proposed highway project is on a route that has been designated as a bicycle route by a locally adopted bicycle plan or master street plan; and (B)…

27 CAR § 70-102. Sidewalk policy. (a) When curb and gutter sections are proposed along a highway with existing sidewalks, the sidewalks will be replaced in accordance with this policy. (b)(1) When curb and gutter sections are proposed along a highway with no existing sidewalks, s…

27 CAR § 71-101. Title. This part shall be known as the Arkansas Department of Transportation’s “Rules for Transportation-Related Research and Workforce Development Grants”.

27 CAR § 71-102. Purpose. (a) This part describes the State Highway Commission and the Arkansas Department of Transportation procedures for awarding grants from the Future Transportation Research and Workforce Development Fund for the Transportation-Related Research and Workforce…

27 CAR § 71-103. Procedures. (a) Potential applicants will be notified when an application period begins by email, letter, advertisement in applicable publications, and/or a notice on the Arkansas Department of Transportation’s website. (b)(1) The minimum amount requested for eac…

27 CAR § 71-104. Selection committee. (a)(1) Applications will be reviewed and scored by the Transportation-Related Research and Workforce Development Grant Program Committee. (2) It will be the duty of the committee to rate the quality of each application in order to recommend w…

27 CAR § 71-105. Eligible applicants. Any publicly funded institution of higher education may submit an application to receive a grant for transportation-related research or workforce development to the Arkansas Department of Transportation.

27 CAR § 71-106. Scoring criteria. (a) Pursuant to Arkansas Code § 27-65-145, “transportation-related research” means the systematic investigation into and study of materials and sources in order to establish facts and reach new conclusions to provide resilient and sustainable lo…

27 CAR § 71-107. Award process. (a)(1) The Transportation-Related Research and Workforce Development Grant Program Committee will submit their recommendation or recommendations for award of Transportation-Related Research and Workforce Development Grant Program funding to the Dir…

27 CAR § 71-108. Reporting requirements. (a) At the end of each state fiscal year, the recipient must provide the Arkansas Department of Transportation with certification that expenditures were an appropriate use of the Transportation-Related Research and Workforce Development Gr…

27 CAR § 91-1001. Reimbursable proposals. When all or part of the cost of required relocation of a utility owner's facilities is determined to be reimbursable, the Utilities Section shall be furnished the following: (1) One (1) copy of a detailed cost estimate; (2) Three (3) sets…

27 CAR § 91-1002. Minimum requirements for a cost estimate. (a) A utility owner shall use an accounting system prescribed by the federal or state regulatory body under which it operates to accumulate costs as required in 27 CAR § 91-1104. (b) The elements or components of a cost …

27 CAR § 91-1003. Nonreimbursable relocation proposals. For fully nonreimbursable relocations, the utility owner shall submit: (1) A statement that the utility owner is not seeking reimbursement for the relocation; (2) Three (3) sets of the detailed relocation plans; (3) The numb…

27 CAR § 91-1004. Minimum information for relocation plans. (a) Plans, whether for reimbursable or nonreimbursable relocations, shall, as a minimum, contain the following elements: (1)(A) Be drawn to scale. (B) Utility owners shall utilize electronic files or reproduce the applic…

27 CAR § 91-101. Purpose. This part prescribes the minimum requirements for the accommodation of public and private utilities within the right-of-way of the Arkansas state highway system.

27 CAR § 91-102. Scope. (a) The Arkansas Department of Transportation, through the districts and the Utilities Section of the Right of Way Division, is authorized to: (1) Issue permits and enter into agreements to provide for the installation, relocation, maintenance, or removal …

27 CAR § 91-103. Definitions. As used in this part: (1)(A) “Abandoned facility” means a facility that is no longer in service and is physically disconnected from a portion of the operating facility that still carries service. (B) An “abandoned facility” has been deemed abandoned …

27 CAR § 91-104. Application. (a) This part shall apply to the owners and operators of utility facilities, including but not limited to: (1) Electric power; (2) Water; (3) Sewer; (4) Gas; (5) Communications; (6) Chemical; (7) Oil; (8) Petroleum products; (9) Steam; (10) Stormwate…

27 CAR § 91-105. Prior policy. The provisions of this part shall supersede and void all prior State Highway Commission or administrative orders and/or statements of Arkansas Department of Transportation policy relating to the accommodation and/or relocation of utilities and relat…

27 CAR § 91-106. Exceptions. (a) Exceptions to any provisions of this part may be authorized under certain situations where it is shown that extreme hardship and/or unusual conditions provide justification, and where alternate measures can be prescribed in keeping with the intent…

27 CAR § 91-107. Enforcement. (a) This part shall be enforced as provided for in existing Arkansas statutes. (b) Such enforcement might include, but is not limited to the following: (1) Increased bonding levels to recoup potential restoration costs; (2) Denial of future permits u…

27 CAR § 91-108. Right to revoke. (a) The Director of State Highways and Transportation is authorized to revoke or annul a permit or agreement, subject to giving the utility owner reasonable notice. (b) Justifications for revocation include, but are not limited to the following: …

27 CAR § 91-1101. Purpose. (a) If the relocation of a utility owner's facilities is determined to be reimbursable, the process for reimbursement shall be in accordance with this subpart. (b) These are the minimum requirements for: (1) Requesting reimbursement; (2) Documenting exp…

27 CAR § 91-1102. Preliminary engineering agreement. (a) An executed PE agreement establishes the estimated cost for preliminary engineering services if a utility owner is not adequately staffed to carry out the necessary preliminary engineering required for the relocations. (b) …

27 CAR § 91-1103. Utility relocation agreement. (a) The executed relocation agreement establishes the estimated cost and reimbursement factor for the relocation of a utility owner's facilities for a highway project. (b) The relocation agreement may be on an actual cost or lump-su…

27 CAR § 91-1104. Accounting system. (a) A utility owner shall use an accounting system prescribed by the federal or state regulatory body under which it operates, or in cases where a utility owner does not use a prescribed accounting system, it shall use its established system o…

27 CAR § 91-1105. Conformity of estimate and invoices. (a) The preliminary cost estimate and actual cost invoices must be prepared in conformity with the same accounting procedure and use comparable unit descriptions, quantities, and price structure by cost categories such as lab…

27 CAR § 91-1106. Availability of records. Utility owners, their consultants, and/or contractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and make such material available at their respective offices at all re…

27 CAR § 91-1107. Billing invoices. (a) The utility owner's records must fully support the invoiced amounts. (b) The invoice must contain only those costs actually incurred as direct or related costs in the relocation or removal of the utility owner's facilities related to the sp…

27 CAR § 91-1108. Controlling dates for incurring reimbursable costs. (a) Costs incurred for work accomplished prior to receiving written authorization as noted below will not be eligible for reimbursement. (b) Preliminary engineering. Date of the Arkansas Department of Transport…

27 CAR § 91-1201. Documentation of cost. (a) All cost records must be identified in the utility owner's records with the specific relocation project. (b) Guidelines for determining actual eligible costs shall be those contained in 23 C.F.R. § 645.101 et seq. (c) Following are nor…

27 CAR § 91-1202. Direct expenses for labor. (a) Salary and/or wage rates shall be calculated by classes on a monthly basis or labor hours by rate and amount for project. (b)(1) Overtime must be approved in advance by the Arkansas Department of Transportation and reported separat…

27 CAR § 91-1203. Overhead costs. (a)(1) Utility owners. Overhead costs include expenses for: (A) General engineering and supervision; (B) General office services; (C) Legal services; (D) Insurance; and (E) Other items. (2) Overhead charges must be stated in detail. (b) Costs not…

27 CAR § 91-1204. General indirect expense. (a) Utility owners. (1) A rate may be developed from actual experience or a rate of five percent (5%) of total project costs may be used. (2) Include a schedule that shows the base figures and computations with the relocation proposal. …

27 CAR § 91-1205. Materials expense. The utility owner shall, as necessary and appropriate: (1)(A) Itemize all materials issued from stock for installation by type and show the number of: (i) Items; (ii) Average unit costs; and (iii) Amount. (B) Items of new materials and supplie…

27 CAR § 91-1206. Equipment expense. (a)(1) In the accumulation of utility relocation costs necessitated by a highway project, costs incurred in the operation and use of equipment and transportation vehicles are reimbursable when properly supported. (2) Vehicle number, descriptio…

27 CAR § 91-1207. Rental of equipment. (a) Where the utility owner does not have equipment available of the kind or type required to perform the necessary utility relocation, reimbursement will be limited to the amount of rental paid to the lowest bidder following an appropriate …