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Arkansas Statutes, Title 17

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Arkansas/Statutes

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Title 17, Professions, Occupations, and Businesses

83 chapters · 1,940 sections in this title.

All chapters in Title 171,940 Ch 92, Pharmacists and Pharmacies102 Ch 95, Physicians and Surgeons86 Ch 82, Dentists, Dental Hygienists, and Den…68 Ch 26, Cosmetology and Related Occupations67 Ch 42, Real Estate License Law67 Ch 87, Nurses64 Ch 25, Contractors61 Ch 80, General Provisions46 Ch 40, Private Investigators and Private Se…44 Ch 12, Accountants43 Ch 17, Auctioneers40 Ch 20, Barbers40 Ch 97, Psychologists and Psychological Exam…39 Ch 27, Counselors38

44 sections·Filtered byTitle 17✕Ch 40✕

Ark. Code Ann. § 17-40-101 Title
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This chapter may be cited as the “Private Security Agency, Private Investigator, and School Security Licensing and Credentialing Act”.
Ark. Code Ann. § 17-40-102 Definitions
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(1) As used in this chapter:(1) “Alarm systems agent” means an individual employed by an alarm systems company who sells on site, performs a survey of the premises to be protected, or responds to alarm signal devices, burglar alarms, or cameras;(2) “Alarm systems apprentice” mean…
Ark. Code Ann. § 17-40-103 Exemptions
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(a) This chapter does not apply to:(1) A person employed exclusively and regularly by one (1) employer in connection with the affairs of that employer only and where there exists an employer-employee relationship;(2) An officer or employee of the United States, of this state, or …
Ark. Code Ann. § 17-40-104 Penalties
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(a) A person who violates this chapter upon conviction is guilty of a Class A misdemeanor. (b) A person who violates this chapter within one (1) year of a previous violation upon conviction is guilty of a Class D felony.

Ark. Code Ann. § 17-40-105 Notice of violation

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The Director of the Division of Arkansas State Police shall not deny, suspend, revoke, or fine any person required to be licensed, credentialed, or commissioned under this chapter unless the person has been notified of the alleged violation of this chapter within three hundred si…

Ark. Code Ann. § 17-40-106 Exclusive regulation — Authority of political subdivisions

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(a) The regulation of investigation, security, and alarm systems companies is exclusive to the Director of the Division of Arkansas State Police. (b) Licensees and employees of licensees under the provisions of this chapter are not required to obtain any authorization, permit, fr…

Ark. Code Ann. § 17-40-108 Battery-charged fences — Definitions

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(a) As used in this section:(1) (A) “Alarm system” means a device or system that:(i) Transmits a signal intended to summon law enforcement of a municipality in response to a burglary; or(ii) Is used to: (a) Prevent or detect burglary, theft, pilferage, fire, or other loss of prop…

Ark. Code Ann. § 17-40-204 Administration

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(a) The Director of the Division of Arkansas State Police shall perform such duties as may be prescribed by the director and shall have no financial, personal, or business interests in an entity licensed under this chapter. (b) All legal processes and all documents required by la…

Ark. Code Ann. § 17-40-207 Powers and duties

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(a) The Director of the Division of Arkansas State Police shall have the following powers and duties:(1) To determine the qualifications of applicants as provided in this chapter;(2) To investigate alleged violations of this chapter and of any rules adopted by the director;(3) To…

Ark. Code Ann. § 17-40-208 Training of personnel

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(a) The Director of the Division of Arkansas State Police shall establish minimum training requirements under this chapter for a private security officer, a commissioned security officer, and a commissioned school security officer. (b) For a private security officer, the minimum …

Ark. Code Ann. § 17-40-209 Fees — Disposition of funds — Legislative intent

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(a) It is the intent of the General Assembly that the cost of investigating and credentialing private investigators or licensing private security agencies as authorized by this chapter be borne by the individuals and agencies so credentialed or licensed. (b) To assure that the in…

Ark. Code Ann. § 17-40-301 Unlawful acts

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(a) Except as provided under § 17-40-325, it is unlawful for a person to knowingly:(1) Perform any service as a private investigator unless the person has obtained a credential to perform the services of a private investigator under this chapter;(2) Perform any service as or enga…

Ark. Code Ann. § 17-40-302 Fees

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(a) The Director of the Division of Arkansas State Police may assess fees under this chapter as follows:(1) For an initial application:(A) Alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential $40.00;(B) Class A license $600;…

Ark. Code Ann. § 17-40-306 License or credential — Applicant qualifications

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(a) A person applying for a license or credential other than that for a commissioned security officer or commissioned school security officer shall:(1) Be at least eighteen (18) years of age at the time of application;(2) Not be suffering from habitual drunkenness or from narcoti…

Ark. Code Ann. § 17-40-307 License or credential — Application and examination

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(a) An application for a license or credential under this chapter shall be in the form prescribed by the Director of the Division of Arkansas State Police and shall include:(1) The full name and business address of the applicant;(2) The name under which the applicant intends to d…

Ark. Code Ann. § 17-40-308 License or credential — Insurance prerequisite

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(a) A Class B, Class C, or Class G license shall not be issued to an applicant under this chapter unless the applicant files with the Director of the Division of Arkansas State Police proof of a policy of continuing public liability insurance in a sum not less than five hundred t…

Ark. Code Ann. § 17-40-309 License and credential — Classifications

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(1) For purposes of defining the scope of licenses under this chapter, the following license classifications are established:(1) “Class A” means a license issued to an investigations company employing one (1) or more individuals;(2) “Class B” means a security services contractor …

Ark. Code Ann. § 17-40-310 License and credential — Form

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(1) A license or credential when issued shall be in the form prescribed by the Director of the Division of Arkansas State Police and shall include the:(1) Name of the licensee or credential holder;(2) Name under which the licensee or credential holder is to operate; and(3) Licens…

Ark. Code Ann. § 17-40-311 License and credential — Assignability

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A license or credential issued under this chapter is not assignable.

Ark. Code Ann. § 17-40-312 License and credential — Termination

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The Director of the Division of Arkansas State Police shall prescribe by rule the procedure under which a license or credential issued under this chapter may be terminated by the licensee or credential holder.

Ark. Code Ann. § 17-40-313 License and credential — Expiration and renewal

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(a) (1) A license or credential issued under this chapter shall expire two (2) years from the date of issuance.(2) To renew an unexpired license or credential, the licensee or the credential holder shall apply for renewal on a form prescribed by the Director of the Division of Ar…

Ark. Code Ann. § 17-40-314 Managers

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(a) The business of each licensee shall be operated under the direction and control of at least one (1) manager. (b) A person shall not act as a manager of a licensee or private business until the person has:(1) Demonstrated the person's qualifications by a written examination; a…

Ark. Code Ann. § 17-40-315 Duties of licensee or credential holder

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(a) Each licensee or credential holder shall maintain a record containing the information relative to his or her employees as may be prescribed by the Director of the Division of Arkansas State Police. (b) At all times a licensee or credential holder shall be legally responsible …

Ark. Code Ann. § 17-40-316 Licenses and credentials — Change of address, telephone number, email address, name, or officers or partners

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(a) A licensee or credential holder shall notify the Director of the Division of Arkansas State Police within fourteen (14) days after a change of the licensee's or credential holder's name, address, telephone number, email address, or officer or partner. (b) A licensee or manage…

Ark. Code Ann. § 17-40-317 Licensees and credential holders — Windup period

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When the individual on the basis of whose qualifications a license or credential under this chapter has been obtained ceases to be connected with the business for which a license or credential under this chapter is required, the business may be carried on for a temporary period u…

Ark. Code Ann. § 17-40-318 Training requirements for alarm systems company

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The Director of the Division of Arkansas State Police shall promulgate rules regarding the training requirements for alarm systems companies, alarm systems apprentices, alarm systems monitors, alarm systems technicians, and alarm systems agents.

Ark. Code Ann. § 17-40-325 License or credential application

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(a) A person who is employed as a private investigator, a manager, a private security officer, an alarm systems technician, an alarm systems monitor, an alarm systems apprentice, or an alarm systems agent and who is required to be licensed or credentialed under this chapter shall…

Ark. Code Ann. § 17-40-329 Issuance of credential photo identification card — Transfer and fee — Cancellation

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(a) (1) A credential photo identification card of a size, a design, and content as may be determined by the Director of the Division of Arkansas State Police shall be issued by the Division of Arkansas State Police under this chapter.(2) The credential photo identification card s…

Ark. Code Ann. § 17-40-330 Authority to issue commission to carry a firearm

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The Director of the Division of Arkansas State Police may determine the qualifications for and issue an authorization to carry a firearm in the form of a commission to a qualified security officer or qualified school security officer that shall be held during the course of his or…

Ark. Code Ann. § 17-40-331 Previously issued license, credential, or commission

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All previously licensed, credentialed, commissioned, or registered persons who were approved before September 1, 2015, shall meet all of the requirements of this chapter upon renewal.

Ark. Code Ann. § 17-40-332 Time limit on civil liability

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The Department of Arkansas State Police and its employees are not liable for any civil damages resulting from a license, credential, or commission issued before September 1, 2015.

Ark. Code Ann. § 17-40-337 Commission — Applicant qualifications

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(a) A commission as a commissioned security officer or a commissioned school security officer shall not be issued under this chapter to an individual who:(1) Is under twenty-one (21) years of age;(2) Has been found guilty of or who has pleaded guilty or nolo contendere to any of …

Ark. Code Ann. § 17-40-340 Commission — Issuance of identification card

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(1) Each commission as a commissioned security officer or a commissioned school security officer issued under this chapter shall be in the form of a commission photo identification card or electronic identification card determined by the Director of the Division of Arkansas State…

Ark. Code Ann. § 17-40-342 Commission — Termination

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If the holder of a commission terminates his or her employment with the licensee or the security department of a private business or school, he or she shall return the commission photo identification card to the Director of the Division of Arkansas State Police within seven (7) d…

Ark. Code Ann. § 17-40-343 Commission — Expiration

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A commission as a commissioned security officer or a commission as a commissioned school security officer expires two (2) years after the date it is issued.

Ark. Code Ann. § 17-40-344 Commission — Denial, suspension, or revocation

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(1) The Director of the Division of Arkansas State Police may deny, suspend, or revoke a commission as a commissioned school security officer or a commission as a commissioned security officer if the applicant for a commission or the commission holder is indicted or arrested for …

Ark. Code Ann. § 17-40-349 Suspension for nonpayment of child support

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(a) The Director of the Division of Arkansas State Police shall suspend a license, credential, or commission issued under this chapter if the Division of Arkansas State Police is notified by the Office of Child Support Enforcement of the Revenue Division of the Department of Fina…

Ark. Code Ann. § 17-40-350 Grounds for disciplinary action

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(a) The Director of the Division of Arkansas State Police may suspend or revoke a license, credential, or commission or issue a fine in an amount not to exceed one thousand dollars ($1,000) for each violation of this chapter, or both, or the director may deny an application for a…

Ark. Code Ann. § 17-40-351 Procedure for denial

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(a) The Director of the Division of Arkansas State Police may deny the issuance of a license, credential, or commission under this chapter. (b) The director shall notify the applicant of the director's decision in writing. (c) The applicant may appeal the decision to the director…

Ark. Code Ann. § 17-40-352 License, credential, or commission — Record of denial, revocation, or suspension

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(a) If the Director of the Division of Arkansas State Police denies the application or suspends or revokes a license, credential, or commission, or if a fine is imposed, the director's decision shall be in writing. (b) The notice of the decision shall be mailed to the applicant, …

Ark. Code Ann. § 17-40-353 Reciprocity — Private investigator

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(1) A person who is licensed or credentialed under the laws of another state or territory of the United States as a private investigator may apply for a credential as a private investigator in this state upon production of satisfactory proof that:(1) The other state or territory …

Ark. Code Ann. § 17-40-354 Fingerprint cards

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(a) The Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation may retain the fingerprints collected for each individual who is fingerprinted under this chapter. (b) The Director of the Division of Arkansas State Police may enroll a…

Ark. Code Ann. § 17-40-355 Appeal of denial, suspension, or revocation — Venue

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(a) The denial, suspension, or revocation of a license, credential, or commission under this chapter by the Director of the Department of Arkansas State Police may be appealed to circuit court and shall be governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.…

Ark. Code Ann. § 17-40-356 Advertising

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Any time that a licensee is engaged in an activity regulated under this chapter, the licensee shall display the company name and license number or a statement referring to a website or toll-free number to obtain licensing information on all advertising and marketing materials, in…