Arkansas Administrative Code

12 CAR § 130-108. Fund sources. (a) Pursuant to Arkansas Code § 26-51-2506(c), the Revenue Division of the Department of Finance and Administration includes on Arkansas individual income tax forms a reference to the Military Family Relief Check-off Program where individuals can d…

12 CAR § 130-109. Contact information. Current members or family members of the Arkansas National Guard or a reserve component of the United States Armed Forces may contact the Arkansas National Guard Foundation at its offices on Camp Joseph T. Robinson: (1) By calling (501) 758-…

12 CAR § 131-101. Purpose. (a) The purpose of this part is to ensure the safe and orderly operation of motor vehicles on state military reservations. (b) This part supplements existing state laws with additional measures that are intended to safeguard military personnel and prope…

12 CAR § 131-102. Definitions. (a) As used in this part: (1)(A) “All-terrain vehicles”. (B) The definitions found in Arkansas Code § 27-21-102 relating to terms relating to all-terrain vehicles (also called ATVs) are incorporated throughout this part; (2)(A) “Military reservation…

12 CAR § 131-103. Privilege to enter military reservations. (a) It is a privilege, not a right, to enter a state military reservation. (b) Similarly, it is a privilege, not a right, to operate a motorized vehicle on a state military reservation. (c) As provided in 12 CAR § 131-20…

12 CAR § 131-104. Persons subject to the Military Code of Arkansas. (a) This part constitutes a lawful order given by the Adjutant General for all persons under his or her command. (b) This part is punitive in nature. (c) Any person suspected of violating this part while subject …

12 CAR § 131-105. Persons not subject to the Military Code of Arkansas. (a) This part constitutes the lawful exercise of administrative controls over all persons entering state military reservations. (b) Any person suspected of violating this part may be cited: (1) Under the admi…

12 CAR § 131-106. Responsibilities. (a) Commanders of state military reservations are responsible for implementing this part within their respective jurisdictional areas, as directed by the Adjutant General, to include: (1) Erecting signage and distributing pamphlets to reasonabl…

12 CAR § 131-107. Directions for implementation. This part shall be implemented at Camp Joseph T. Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center, which are defined as military reservations in Arkansas Code § 12-63-201.

12 CAR § 131-201. Administrative disposition of violations generally. This part: (1) Serves as a guide to administratively dispose of minor traffic and parking violations in a manner consistent with state law, particularly Acts 1975, No. 895, as amended (codified at Arkansas Code…

12 CAR § 131-202. Violations not subject to administrative disposition. (a) The decision to issue an administrative citation, in lieu of other processes, rests in the discretion of the military reservation police officer in accordance with the ethical duties of his or her profess…

12 CAR § 131-203. Alternative remedies. (a) Uniform traffic citation. In lieu of issuing an administrative citation, a military reservation police officer may elect, in his or her sole discretion, to issue a uniform traffic citation for prosecution in the district court having ju…

12 CAR § 131-204. Administrative citations. (a) The system of administrative disposition is initiated by the issuance of an administrative citation to the operator of a vehicle on a military reservation. (b) Form. (1) The form of the citation shall be approved by the military res…

12 CAR § 131-205. Payment of civil penalty in lieu of appearance. Unless the face of the citation states otherwise, every person receiving an administrative citation may pay an administrative penalty of twenty-five dollars ($25.00) per violation in lieu of appearing before an adm…

12 CAR § 131-206. Administrative hearing. (a) At the time and place indicated on the face of the citation, an administrative hearing shall be held to determine whether the respondent violated this part and, if so, an appropriate civil penalty to encourage compliance. (b) Hearing …

12 CAR § 131-207. Persons failing to appear. (a) The hearing officer shall report through the State Judge Advocate to the Adjutant General, or his or her designee, the name of every person who failed to either: (1)(A) Pay a civil penalty in lieu of appearance before an administra…

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12 CAR § 131-303. Unsafe operation of motorcycle. (a) Every person driving or operating a motorcycle on a state military reservation shall wear proper safety equipment and shall maintain proper control of the motorcycle in a manner consistent with state law as well as this part. …

12 CAR § 131-304. Unsafe operation of other motorized vehicles. (a) Every person driving or operating ATVs or other motorized vehicles not regulated under 12 CAR § 131-302 or § 131-303 on a state military reservation shall wear proper safety equipment and shall maintain proper co…

12 CAR § 131-305. Unauthorized parking. It is prohibited for any person to park: (1) In any parking place that is marked as reserved for another person or in such a manner as to restrict access to a parking place that is reserved for another person; (2) In a place that restricts …

12 CAR § 131-306. Restricted areas. It is prohibited for any unauthorized person to enter or unlawfully remain in a restricted area.

12 CAR § 131-401. Military reservation traffic board. (a) Each commander of a state military reservation will establish a military reservation traffic board to: (1) Establish procedures for implementing this part; (2) Propose changes to this part; and (3) Request the expenditure …

12 CAR § 131-402. Disbursement of funds. (a) The military reservation commander may authorize, with coordination of the Director of State Resources, disbursement of funds obtained through implementation of this part in order to defray any cost associated with implementation. (b) …

12 CAR § 132-101. Joint Enlistment Enhancement Program (JEEP) overview. (a) This program is designed to gain assistance in enlisting soldiers or airmen into the Arkansas National Guard who are not otherwise excluded from the program by the terms contained herein. (b) When a soldi…

12 CAR § 132-102. Definitions. As used in this part: (1) “Applicant” means a person who is prequalified and desires voluntary enlistment in the Arkansas National Guard and is being considered for entry; (2)(A) “Assistant” means an Arkansas National Guard soldier, airman, or veter…

12 CAR § 132-103. Duties of the JEEP assistant. (a) The assistant shall be available to the prospect from initial contact until the new recruit ships to initial training in order to provide: (1) Guidance; (2) Encouragement; (3) Mentorship; and (4) Support. (b) The assistant shall…

12 CAR § 132-104. JEEP assistant payment. (a)(1) The State of Arkansas will pay one thousand dollars ($1,000) to the assistant for services per the assistant agreement. (2) A soldier, airman, or veteran may enter into a separate assistant agreement for each lead provided. (3) Whe…

12 CAR § 132-105. JEEP administration and responsibility for administration. (a)(1) The Arkansas Army National Guard, through the Commander of the Recruiting and Retention Battalion and the Department of the Military, will coordinate, supervise, monitor, maintain all records, tra…

12 CAR § 132-106. JEEP excluded persons and actions prohibited. (a) Officers of the Arkansas National Guard holding the pay grade of O-5 and above cannot participate in this program. (b) Soldiers or airmen assigned or attached (full-time, part-time, temporary status, or performin…

12 CAR § 132-107. Joint Enlistment Enhancement Program (JEEP) conflicts and dispute resolution. (a)(1) In the case of a dispute involving the JEEP assistant program, all issues of the dispute will be decided by a dispute resolution panel consisting of the: (A) Chief of Staff of t…

12 CAR § 132-108. Effective dates and duration of the program. (a) This program will be effective June 10, 2024, and shall remain in effect unless amended or suspended by the Adjutant General. (b) This program may be terminated at any time and for any reason by the Adjutant Gener…

12 CAR § 132-109. Forms. The JEEP Assistant Agreement and the JEEP Request for Payment are included as Appendix A.

12 CAR § 10-101. Statement of organization and operations. (a) The Division of Arkansas State Police is an agency of state government created by Arkansas Code §§ 12-8-101 – 12-8-506. (b) The division is created for the purpose of enforcing the motor vehicle laws, traffic laws, an…

12 CAR § 10-102. General organization. (a)(1)(A) The Arkansas State Police Commission is composed of seven (7) members appointed by the Governor for a term of seven (7) years. (B) The officers of the commission will be: (i) Chair; (ii) Vice-chair; and (iii) Secretary. (C) Electio…

12 CAR § 10-201. Authority. (a)(1) The Arkansas State Police Commission has been authorized by the General Assembly to promulgate rules. (2) See Arkansas Code §§ 12-8-103, 12-8-210, 12-8-214, and 12-8-305. (b) The commission follows the procedural requirements of the Arkansas Adm…

12 CAR § 10-202. Initiation of rulemaking. (a) The process of adopting a new rule or amending or repealing an existing rule (hereinafter referred to as “rulemaking”) may be initiated by request of the Arkansas State Police Commission that the staff submit proposed drafts. (b) Add…

12 CAR § 10-203. Petition to initiate rulemaking. (a) Third parties may initiate rulemaking to adopt, amend, or repeal a rule by filing a petition with the Arkansas State Police Commission to initiate rulemaking. (b) The petition must contain: (1) The name, address, and telephone…

12 CAR § 10-204. Prefiling with the Bureau of Legislative Research. Thirty (30) days before the public comment period ends, the Division of Arkansas State Police will file with the Bureau of Legislative Research the text of the proposed rule or amendment as well as a financial im…

12 CAR § 10-205. Public input. (a)(1) Before finalizing language of a proposed new rule or an amendment to, or repeal of, an existing rule, the Arkansas State Police Commission will receive public input through written comments and/or oral submissions. (2) The commission will des…

12 CAR § 10-206. Notice of rulemaking. (a) The Arkansas State Police Commission will give notice of proposed rulemaking to be published pursuant to Arkansas Code § 25-15-204. (b) The notice will set any written comment period and will specify the time, date, and place of any publ…

12 CAR § 10-207. The decision to adopt a rule. (a) The Arkansas State Police Commission will not finalize language of the rule or decide whether to adopt a rule until the period for public comment has expired. (b) Before acting on a proposed rule, the commission will consider: (1…

12 CAR § 10-208. Variance between adopted rule and published notice of proposed rule. (a) The Arkansas State Police Commission may not adopt a rule that differs from the rule proposed in the published notice of the intended rulemaking on which the rule is based unless: (1) The fi…

12 CAR § 10-209. Concise statement of reasons. (a)(1) When requested by an interested person, either prior to the adoption of a rule or within thirty (30) days after its adoption, the Arkansas State Police Commission shall issue a concise statement of the principal reasons for an…

12 CAR § 10-210. Contents. (a) The Arkansas State Police Commission shall cause its rules to be published and made available to interested persons. (b) The publication must include: (1) The text of the rule; (2) A note containing the following: (A) The date or dates the commissio…

12 CAR § 10-211. Incorporation by reference. (a) By reference in a rule, the Arkansas State Police Commission may incorporate all or any part of a statute, standard, rule, or other matter if the commission finds that copying the matter in the commission’s rule would be: (1) Undul…

12 CAR § 10-212. Filing. (a) After the Arkansas State Police Commission formally adopts a new rule, amends a current rule, or repeals an existing rule, and after the rule change has been reviewed by the Legislative Council, the staff will file final copies of the rule with the Se…