Arkansas Administrative Code

4 CAR § 1-104. Approval of service area requires water plan certification. (a) The Director of the Arkansas Natural Resources Commission’s decision to issue a Certificate of Existence to an applicant approves formation or conversion to a water authority. (b) Any applicant proposi…

4 CAR § 1-201. Formation of water authority — Application. Two (2) or more persons, which may include cities, counties, public bodies, or nonprofit corporations, may apply to form a water authority by presenting to and filing the following with the Director of the Arkansas Natura…

4 CAR § 1-202. Review procedure. (a) When the Director of the Arkansas Natural Resources Commission receives an application, the director must review it to ascertain its completeness and accuracy. (b) The applicant must provide any additional items or information requested by the…

4 CAR § 1-203. Approval of formation. (a) Based upon the application and any information deemed pertinent by the Director of the Arkansas Natural Resources Commission, the director will determine whether to issue a Certificate of Existence. (b) The director will: (1) Approve or d…

4 CAR § 1-301. Conversion to a water authority — Application. Whenever a qualified corporation desires to convert to and become reconstituted as a water authority, the qualified corporation must file with the Director of the Arkansas Natural Resources Commission: (1) A resolution…

4 CAR § 1-302. No members. (a)(1) In addition to the requirements of 4 CAR § 1-301, if the qualified corporation seeking to become a water authority has members, the qualified corporation must also submit a resolution approved by the members that conforms to the requirements of 4…

4 CAR § 1-303. Review procedure. (a) When the Director of the Arkansas Natural Resources Commission receives an application, the director will review it to ascertain its completeness and accuracy. (b) The applicant must provide any additional items or information requested by the…

4 CAR § 1-304. Approval of conversion. (a) Based upon the application and any information deemed pertinent by the Director of the Arkansas Natural Resources Commission, the director will determine whether to issue a Certificate of Existence. (b) The director will: (1) Approve or …

4 CAR § 1-401. Issuance of Certificate of Existence. (a)(1) If the application is found by the Director of the Arkansas Natural Resources Commission to be complete and accurate, the director will issue a Certificate of Existence. (2) The water authority referred to therein will c…

4 CAR § 1-402. Filing with Secretary of State. (a) After issuance of the Certificate of Existence, the Arkansas Natural Resources Commission will file the water authority’s articles of constitution or articles of conversion and reconstitution in the office of the Secretary of Sta…

4 CAR § 1-501. Amendment to articles. (a) Any amendment to articles must be filed with the Director of the Arkansas Natural Resources Commission along with the following information: (1) The name of the water authority; (2) The text of the amendment adopted; (3) The date of each …

4 CAR § 1-502. Amendments to bylaws. (a) A water authority is only required to obtain written approval for a proposed bylaw amendment from the Director of the Arkansas Natural Resources Commission if the proposed amendment changes any of the following: (1) The number of directors…

4 CAR § 1-601. Articles of dissolution. Any water authority that intends to transfer, merge, consolidate, or otherwise dissolve its existence must file articles of dissolution with the Director of the Arkansas Natural Resources Commission.

4 CAR § 1-602. Disposal of assets. Upon dissolution, any assets of a water authority remaining after payment of claims and liabilities of the water authority must be transferred to the: (1) Successor water authority, if applicable; or (2) Arkansas Natural Resources Commission.…

4 CAR § 10-101. Purpose. (a) The purpose of this part is to provide purchasers of motor vehicles with odometer information to assist them in determining a vehicle’s condition and value by: (1) Making the disclosure of a vehicle’s mileage a condition of title; and (2) Requiring le…

4 CAR § 10-102. Definitions. As used in this part: (1) “Lessee” means any person, or the agent for any person, to whom a motor vehicle has been leased for a term of at least four (4) months; (2) “Lessor” means any person, or the agent for any person, who has leased five (5) or mo…

4 CAR § 10-103. Security of title documents and power of attorney forms. (a) Each title shall be set forth by means of a secure printing process or other secure process. (b) In addition, power of attorney forms issued pursuant to 4 CAR § 10-109 and documents which are used to rea…

4 CAR § 10-104. Disclosure of odometer information. (a) Each title, at the time it is issued to the transferee, must contain: (1) The mileage disclosed by the transferor when ownership of the vehicle was transferred; and (2) A space for the information required to be disclosed un…

4 CAR § 10-105. Exemptions. Notwithstanding the requirements of 4 CAR §§ 10-104 and 106: (1) A transferor or a lessee of any of the following motor vehicles need not disclose the vehicle’s odometer mileage: (A) A vehicle having a gross vehicle weight rating, as defined in 49 CFR …

4 CAR § 10-106. Disclosure of odometer information for leased motor vehicles. (a)(1) Before executing any transfer of ownership document, each lessor of a leased motor vehicle shall notify the lessee in writing that the lessee is required to provide a written disclosure to the le…

4 CAR § 10-107. Odometer disclosure statement retention. (a)(1) Dealers and distributors of motor vehicles who are required to execute an odometer disclosure statement shall retain for five (5) years a photostat, carbon, or other facsimile copy of each odometer mileage statement …

4 CAR § 10-108. Odometer record retention for auction companies. Each auction company shall establish and retain at its primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval, for five (5) years following the date …

4 CAR § 10-109. Disclosure of odometer information by power of attorney. (a)(1) If the transferor’s title is physically held by a lienholder, or if the transferor to whom the title was issued by the state has lost his or her title and the transferee obtains a duplicate title on b…

4 CAR § 10-110. Power of attorney to review title documents and acknowledge disclosure. (a)(1) In circumstances where part A of a secure power of attorney form has been used pursuant to 4 CAR § 10-109, and if otherwise permitted by state law, a transferee may give a power of atto…

4 CAR § 10-111. Certification by person exercising powers of attorney. (a)(1) A person who exercises a power of attorney under both 4 CAR §§ 10-109 and 110 must complete a certification that: (A) He or she has disclosed on the title document the mileage as it was provided to him …

4 CAR § 10-112. Access of transferee to prior title and power of attorney documents. (a) In circumstances in which a power of attorney has been used pursuant to 4 CAR § 10-109, if a subsequent transferee elects to return to his or her transferor to sign the disclosure on the titl…

4 CAR § 20-101. Purpose. (a) The 78th General Assembly of the State of Arkansas has found and declared that: (1) Abuses exist within the pet store industry regarding: (A) Selling sick and injured animals to the public; (B) Failing to provide consumer guarantees for these animals …

4 CAR § 20-102. Definitions. For the purposes of this part: (1) "Ambient temperature" means the air temperature surrounding the animal which must be between seventy-two degrees Fahrenheit (72° F) and eighty-two degrees Fahrenheit (82° F) at all times; (2) "Animal" means a dog or …

4 CAR § 20-103. Registration. Registration is governed by Acts 1991, No. 1225, § 4.

4 CAR § 20-104. Acquisition of animals. (a)(1) A retail pet store shall maintain a permanent record for each animal received by it, containing the following: (A) The animal's identifying number; (B) A description of the animal including its: (i) Birth date; (ii) Breed; (iii) Sex;…

4 CAR § 20-105. Minimum standards of care. (a)(1) A retail pet store shall advise all employees, whether or not directly involved with animal care, of the minimum standards of care required by this section. (2) A retail pet store shall post such minimum standards of care at any h…

4 CAR § 20-106. Disposition of animals. Disposition of animals is governed by Acts 1991, No. 1225, § 7 (a)-(c).

4 CAR § 20-107. Inspection. Inspection is governed by Acts 1991, No. 1225, § 8 (a)-(c).

4 CAR § 30-101. Title. This rule shall be known as the “Rule for Central Filing with the Secretary of State for Agricultural Liens and Farm-related Security Interests — Transition”.

4 CAR § 30-102. Purpose. The purpose of this rule is to provide a procedure to implement Acts 2009, No. 942, also known as “An Act to Provide Central Filing with the Secretary of State for Agricultural Liens and Farm-related security interests; to provide for Filing Fees with the…

4 CAR § 30-103. Definitions. (a) Terms defined in Arkansas Code § 4-9-102(a) shall apply in this rule. (b) “Amendment statement” as used in this part means an amendment, including a termination statement, to a financing statement filed in the office of circuit clerk prior to Janu…

4 CAR § 30-104. General. (a) Except as provided in subsection (b) of this section, beginning January 1, 2010, the filing office for a financing statement, a termination statement, an amendment statement, or a continuation statement to extend the effectiveness of a financing state…

4 CAR § 30-105. Transition – Continuation. (a) The effectiveness of a financing statement that perfects an agricultural lien or a security interest in equipment used in farming operations, farm products, or accounts arising from the sale of farm products may be continued by filin…

4 CAR § 30-106. Transition — Amendment. (a) The effectiveness of a financing statement that perfects an agricultural lien or a security interest in equipment used in farming operations, farm products, or accounts arising from the sale of farm products may be amended by filing an …

4 CAR § 31-101. Title. These rules shall be known as the Uniform Commercial Code Filing Office Rules.

4 CAR § 31-102. Purpose. The purpose of this part is to provide procedures for the UCC filing office.

4 CAR § 31-103. Definitions. As used in this part: (1) “Active record” means a UCC record that has been stored in the UCC information management system and indexed in, but not yet removed from, the searchable indexes; (2) “Address” means information provided as an address on a UC…

4 CAR § 31-104. Means to deliver UCC records and time of filing. (a) Personal delivery by remitter at the filing office’s street address. (1) The file time for a UCC record delivered by this method is when delivery of the UCC record is taken by the filing office (even though the …

4 CAR § 31-105. Forms — Approved forms. (a) The forms prescribed by Arkansas Code § 4-9-521 are accepted by the filing office. (b) Paper-based forms approved by the International Association of Commercial Administrators from time to time will be accepted when specifically approve…

4 CAR § 31-106. Fees. (a) UCC record. The fee for filing a UCC record is prescribed by Arkansas Code § 4-9-525. (b) Federal tax lien. The fee for filing a federal tax lien is six dollars ($6.00) and is prescribed by Arkansas Code § 18-47-205.

4 CAR § 31-107. Method of payment. (a) Cash. Payment in cash (United States currency only) shall be accepted if paid in person at the filing office. (b) Checks. Personal checks, cashier’s checks, and money orders made payable to the filing office shall be accepted for payment pro…

4 CAR § 31-108. Overpayment and underpayment policies. (a) Overpayment. (1) Any overpayment will be held in the filer’s submitter account to be applied to future transactions. (2) A request for the return of any of these funds must be made in writing on the filer’s letterhead. (b…