Arkansas Administrative Code

12 CAR § 10-301. Request for emergency rulemaking. (a) The proponent of a rule may request the Arkansas State Police Commission to adopt an emergency rule. (b) In addition to the text of the proposed rule or amendment to an existing rule and any other information required by 12 C…

12 CAR § 10-302. Finding of an emergency. (a) Upon receipt of the written statement requesting an emergency rulemaking and documents or other evidence submitted in support of the assertion that an emergency exists, the Arkansas State Police Commission will make an independent jud…

12 CAR § 10-303. Effective date of emergency rule. (a) The emergency rule will be effective immediately upon filing, or at a stated time less than ten (10) days thereafter, if the Arkansas State Police Commission finds that this effective date is necessary because of imminent per…

12 CAR § 10-401. Employment qualifications. All applicants for employment as Arkansas State Police officers shall meet the qualifications and age requirements for law enforcement officers set by the Arkansas Commission on Law Enforcement Standards and Training.

12 CAR § 10-402. Hiring. (a) The Director of the Division of Arkansas State Police shall receive all applications for employment as officers and shall submit such list to the Arkansas State Police Commission for examination as to physical fitness and mental qualifications and for…

12 CAR § 10-403. Promotion. (a) The Director of the Division of Arkansas State Police shall recommend to the Arkansas State Police Commission all officers eligible for promotion. (b) The commission shall approve or disapprove all such promotions and shall indicate in writing the …

12 CAR § 10-501. Scope of this subpart. (a) This subpart applies in all appeal hearings conducted by the Arkansas State Police Commission. (b) This procedure is developed to provide a process by which the commission hears appeals of removal, demotion, suspension, discharge, and d…

12 CAR § 10-502. Hearing officer. The Arkansas State Police Commission chair shall preside at the hearing and may designate one (1) or more hearing officers to conduct the hearing.

12 CAR § 10-503. Appearances. (a) Any party appearing in any Arkansas State Police Commission hearing proceeding has the right, at his or her own expense, to be represented by counsel. (b) The petitioner may appear on his or her own behalf. (c) Any attorney representing a petitio…

12 CAR § 10-504. Consolidation. If there are separate matters that involve similar issues of law or fact or identical parties, the matters may be consolidated if it appears that consolidation: (1) Would promote the just, speedy, and inexpensive resolution of the proceedings; and …

12 CAR § 10-505. Notice to interested parties. If it appears that the determination of the rights of parties in a proceeding will necessarily involve a determination of the substantial interests of persons who are not parties, the hearing officer may enter an order requiring that…

12 CAR § 10-506. Service of papers. Unless the hearing officer otherwise orders, every pleading and every other paper filed for the proceeding, except applications for witness subpoenas and the subpoenas, shall be served on each party or the party’s representative at the last add…

12 CAR § 10-507. Initiation and notice of hearing. (a)(1) An appeal hearing is initiated by the filing of a notice of appeal pursuant to Arkansas Code § 12-8-204(c). (2) Filing with the Director of the Division of Arkansas State Police shall be considered service of the notice on…

12 CAR § 10-508. Motions. (a) All requests for relief will be by motion. (b)(1) Motions must be: (A) In writing; or (B) Made on the record during a hearing. (2) A motion must fully state the: (A) Action requested; and (B) Grounds relied upon. (c) The original written motion will …

12 CAR § 10-509. Ex parte communications. Prior to the hearing, commissioners will not communicate, directly or indirectly, in connection with any issue of fact with any person or party nor, in connection with any issue of law with any party or his or her representative.

12 CAR § 10-510. Discovery. (a)(1) Upon written request, the Director of the Division of Arkansas State Police will provide the information designated in Arkansas Code § 25-15-208(a)(3) or any evidence which was the basis for the director’s decision. (2) The Arkansas Rules of Civ…

12 CAR § 10-511. Continuances. (a)(1) The Arkansas State Police Commission or hearing officer may grant a continuance of hearing for good cause shown. (2) Requests for continuances will be made in writing. (3) The request must state the grounds to be considered and be made as soo…

12 CAR § 10-512. Hearing procedures. (a)(1) The hearing officer presides at the hearing and may: (A) Rule on motions; (B) Require briefs; and (C) Issue such orders as will ensure the orderly conduct of the proceedings. (2) Provided, however, any hearing officer other than the Ark…

12 CAR § 10-513. Order of proceedings. The hearing officer will conduct the hearing in the following manner: (1) Counsel for the Director of the Division of Arkansas State Police and counsel for the petitioner will give opening statements, briefly describing the nature of the pro…

12 CAR § 10-514. Evidence. (a) The hearing officer shall rule on the admissibility of evidence and may, when appropriate, take official notice of facts in accordance with all applicable requirements of law. (b)(1) Stipulation of facts is encouraged. (2) The Arkansas State Police …

12 CAR § 10-515. Default. If the petitioner fails to appear or participate in an appeal hearing after proper service of notice, the Director of the Division of Arkansas State Police’s decision shall stand.

12 CAR § 10-516. Subpoenas. (a)(1) At the written request of any party, the chair or member authorized by the Arkansas State Police Commission may issue subpoenas for the attendance of witnesses at the hearing. (2) The requesting party shall specify whether the witness is also re…

12 CAR § 10-517. Recording the proceedings. (a) The responsibility to provide a certified court reporter to record the testimony heard at a hearing is borne by the Arkansas State Police Commission. (b) Upon the filing of a petition for judicial review, the commission will file a …

12 CAR § 10-518. Deliberations. (a) The Arkansas State Police Commission’s deliberations will be held in executive session. (b) The commission’s vote will be taken in public and on the record.

12 CAR § 10-519. Final order. (a)(1) The Arkansas State Police Commission will serve on the petitioner a written order that reflects the action taken by the commission. (2) The order will include a recitation of facts found based on testimony and other evidence presented and reas…

12 CAR § 20-101. Purpose. The purpose of this part is to set written guidelines for compliance with Acts 2007, No. 371, and thus to ensure the orderly patrol of controlled-access facilities by municipal police departments listed by the Director of the Division of Arkansas State P…

12 CAR § 20-102. Scope. This part shall apply to all municipal police departments in the State of Arkansas that make application to the Director of the Division of Arkansas State Police to patrol the controlled-access facilities pursuant to Arkansas Code § 12-8-106(h).

12 CAR § 20-103. Definitions. As used in this part, these terms mean the following: (1)(A) “Controlled-access facilities”, for purposes of Arkansas Code § 12-8-106 and this part, includes highways designated by the Arkansas Department of Transportation as “fully controlled-access…

12 CAR § 20-104. Factors considered by the director in approving requests by municipal police departments to patrol controlled-access facilities pursuant to Arkansas Code § 12-8-106(h). The factors which the Director of the Division of Arkansas State Police shall take into consid…

12 CAR § 20-105. Patrol authorizations issued by the Director of the Division of Arkansas State Police. (a)(1) All municipal police departments which have previously been granted approval by the Division of Arkansas State Police to patrol what has previously been described as lim…

12 CAR § 20-106. Required records to be maintained by municipal police departments granted authorization to patrol controlled-access facilities. (a) The municipal police department shall keep records reflecting the ratio of the total number of tickets written by the police depart…

12 CAR § 20-107. Withdrawal of authorization. (a)(1) The Director of the Division of Arkansas State Police may withdraw authorization from a municipal police department to patrol any controlled-access facilities for good cause. (2) In withdrawing any authorization, the director w…

12 CAR § 20-108. Appeal process. The appeal process applies only to municipal police departments which have been granted authorization to patrol controlled-access facilities and such authorization is withdrawn.

12 CAR § 20-109. Appeal procedure. (a)(1) A municipal police department whose authority has been withdrawn by the Director of the Division of Arkansas State Police to patrol controlled-access facilities may appeal the decision. (2) A written or electronic notice of appeal shall b…

12 CAR § 21-101. Scope and authority. (a)(1) Pursuant to Arkansas Code § 12-8-106(a)(1)(B), each troop shall establish, maintain, and enforce a list of approved towing businesses that shall be requested to tow vehicles to assist in clearing highways of motor vehicles that have be…

12 CAR § 21-102. Minimum requirements. (a)(1) Satisfaction of the minimum requirements does not guarantee that a towing business will be placed on the list. (2) The Troop Commander has discretion to: (A) Monitor the number and capacity of towing businesses on a list; and (B) Decl…

12 CAR § 21-103. Rotation list compliance requirements. (a)(1) If a towing business becomes unavailable to take calls for any period of time, it shall notify the respective troop communications center. (2) That towing business shall be removed from the troop rotation list for the…

12 CAR § 21-104. Rotation list types. (a) Each Troop Commander shall establish the towing zones within the respective troop. (b) Each troop headquarters shall establish two (2) towing rotation lists as follows: (1)(A) Light-duty towing rotation list. (B) To be placed on the light…

12 CAR § 21-105. Rates and charges requirements. (a) A towing business receiving calls from the Division of Arkansas State Police: (1) Shall not charge fees in excess of those provided and agreed upon in writing by the towing business to the troop headquarters; and (2) Shall not …

12 CAR § 21-106. Complaints and removal from rotation. Complaints made against a towing business on a towing rotation list shall be handled as provided below, with the discretion of the Troop Commander: (1)(A) Minor infractions include but are not limited to: (i) Response times e…

12 CAR § 21-107. Towing business complaints against the Division of Arkansas State Police. (a)(1) The towing business owner or designated agent shall submit the complaint in written form, with the original being sent to the respective Troop Commander. (2) It shall include the fol…

12 CAR § 22-101. Purpose. (a) The purpose and authority for this part is contained in Acts 2013, No. 426, and Arkansas Code § 12-18-616, as amended. (b)(1) It is of critical importance that child maltreatment reports reach an “investigation determination” within forty-five (45) d…

12 CAR § 22-102. Explanation. (a) This act and law authorizes a fifteen-day extension to the forty-five-day “investigation determination” deadline. (b) The purpose of this part is to outline the process to extend the deadline from forty-five (45) days to sixty (60) days.…

12 CAR § 22-103. Crimes Against Children Division — Investigative deadline extension. (a) Request. (1) If needed, a Crimes Against Children Division of the Division of Arkansas State Police investigator shall request approval for the fifteen-day extension to the investigation det…

12 CAR § 23-101. Title. This part shall be known as "Rino’s Law".

12 CAR § 23-102. Definitions. As used in this part: (1) "Certified" means a law enforcement officer in the State of Arkansas who is recognized by the Arkansas Commission on Law Enforcement Standards and Training as meeting standards required by the Arkansas Commission on Law Enfo…

12 CAR § 23-103. Administrative procedures. (a) The Secretary of the Department of Public Safety or their designee shall administer Rino’s Law. (b) The reimbursement should be provided to the eligible law enforcement officers or their family within ten (10) days of receipt of the…

12 CAR § 23-104. Scope. This part shall govern the Secretary of the Department of Public Safety or their designee in administering Rino's Law to provide up to two thousand five hundred dollars ($2,500) per year in reimbursements for the costs of food, flea and tick infestation pr…

12 CAR § 23-105. Objective. To alleviate financial hardships suffered by a Division of Arkansas State Police canine handler and/or his or her family member for the costs of food, flea and tick infestation prevention, and veterinarian bills for a canine that is retired from the di…

12 CAR § 23-106. Eligibility criteria. In order to be eligible for relief under Rino's Law, an individual must be either a: (1) Division of Arkansas State Police canine handler and submit a signed TR-1 form as detailed in 12 CAR § 23-107; or (2) Family member of a division canine…