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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

1,940 sections·Filtered byTitle 17✕

Ark. Code Ann. § 17-17-201 Creation — Members
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(a) There is hereby created the Auctioneer's Licensing Board. The Governor shall appoint a board consisting of seven (7) members, four (4) of whom are licensed auctioneers and three (3) from the public at large, each of whom immediately before the date of his or her appointment h…
Ark. Code Ann. § 17-17-202 Organization
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(a) The Auctioneer's Licensing Board, immediately upon qualification of the member appointed in each year, shall organize by selecting from its members a chair. (b) A quorum of the board shall be four (4) members.
Ark. Code Ann. § 17-17-203 Employees
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(a) The Auctioneer's Licensing Board shall have authority to employ, in consultation with the Secretary of the Department of Labor and Licensing, and discharge:(1) A Director of the Auctioneer's Licensing Board who shall provide administrative services to the board; and(2) Such o…
Ark. Code Ann. § 17-17-204 Director — Disposition of funds
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(a) All fees, charges, and penalties collected by the Auctioneer's Licensing Board under the provisions of this chapter shall be paid to the Director of the Auctioneer's Licensing Board, who shall be the custodian of all funds and shall deposit them into the State Treasury. (b) (…

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Ark. Code Ann. § 17-17-205 Finances — Educational programs

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The Auctioneer's Licensing Board shall be financially self-sustaining, and, if funds permit, it may underwrite, within its financial limitations, educational programs for the enlightenment and benefit of the public and all auctioneers licensed under this chapter.

Ark. Code Ann. § 17-17-206 List of licensees

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The Auctioneer's Licensing Board shall annually publish a list of the names and addresses of all auctioneers licensed by it pursuant to this chapter. This list shall contain the names of all persons whose licenses have been suspended or revoked within the preceding year as well a…

Ark. Code Ann. § 17-17-207 Rules

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The Auctioneer's Licensing Board shall have the authority to promulgate such rules as may be necessary to implement this chapter and may establish by rule such forms as may be necessary to administer this chapter.

Ark. Code Ann. § 17-17-208 Proceedings

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The Auctioneer's Licensing Board shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Ark. Code Ann. § 17-17-209 Seal — Records

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(a) The Auctioneer's Licensing Board shall adopt a seal by which it shall authenticate its proceedings. (b) Copies of all records and papers in the office of the board, duly certified and authenticated by the seal of the board, shall be received in evidence in all courts equally …

Ark. Code Ann. § 17-17-301 Qualifications — Examination

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(a) Auctioneer licenses shall be granted only to persons who are found to be of good reputation, trustworthy, and competent to transact the business of an auctioneer, in such a manner as to safeguard the interest of the public. (b) The Auctioneer's Licensing Board is authorized t…

Ark. Code Ann. § 17-17-302 Issuance and renewal — Change of location

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(a) (1) An examination shall not be required for the renewal of any present or future license unless the license has been revoked. In this case, the applicant shall take and pass the written examination offered by the Auctioneer's Licensing Board before a new license may be issue…

Ark. Code Ann. § 17-17-304 Nonresidents — Licensing generally

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(a) A nonresident of this state may become a licensed auctioneer in this state by registering with the Auctioneer's Licensing Board and confirming in writing that his or her actions will be regulated by this chapter and other applicable laws of this state as stated in this sectio…

Ark. Code Ann. § 17-17-305 Nonresidents — Reciprocity

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(a) A person holding a license to engage in auctions issued to him or her by a proper authority of a state, territory, or possession of the United States or the District of Columbia having licensing requirements comparable to Arkansas and who in the opinion of the Auctioneer's Li…

Ark. Code Ann. § 17-17-306 Nonresidents — Actions against

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In addition, every nonresident applicant shall file an irrevocable consent that actions may be commenced against the applicant in any court of competent jurisdiction in the State of Arkansas, by the service of any summons, process, or pleading authorized by the law on the Secreta…

Ark. Code Ann. § 17-17-307 Auction house owners

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(a) If an auction house owner is one other than the principal auctioneer, the auction house owner shall apply for a license and meet all the provisions of this chapter. (b) When the owner of an auction company or the designated person of a corporation and the auctioneer are one a…

Ark. Code Ann. § 17-17-308 Suspension or revocation

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(1) The Auctioneer's Licensing Board may impose a civil penalty or suspend or revoke the license of an auctioneer for any of the following causes:(1) Obtaining a license through false or fraudulent representation;(2) Pursuing a continued and flagrant course of misrepresentation o…

Ark. Code Ann. § 17-17-309 Investigation by board

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The Auctioneer's Licensing Board may, upon its own motion, and shall, upon the verified written complaint of any person, investigate the actions of any auctioneer or any person who assumes to act in that capacity, if the complaint, or complaint together with other evidence presen…

Ark. Code Ann. § 17-17-310 Advertisements

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Each and every advertisement by an auctioneer or auction house shall include the number of the license issued to the auctioneer or auction company by the Auctioneer's Licensing Board.

Ark. Code Ann. § 17-17-311 Continuing education

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(a) Except as provided in subsection (c) of this section, every application to the Auctioneer's Licensing Board for annual renewal of the license of an auctioneer shall be accompanied by proof that the applicant has satisfactorily completed six (6) hours of continuing education i…

Ark. Code Ann. § 17-17-312 Criminal background checks

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(a) Beginning July 16, 2003, each first-time applicant for a license issued by the Auctioneer's Licensing Board and each applicant seeking reinstatement of an expired license from the board shall be required to apply to the Identification Bureau of the Division of Arkansas State …

Ark. Code Ann. § 17-17-401 Auctioneer Education and Recovery Fund

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(a) The Auctioneer's Licensing Board shall establish and administer the “Auctioneer Education and Recovery Fund” which shall only be used for education and recovery purposes as detailed in this chapter. (b) The fees collected under § 17-17-404 shall be deposited into the fund.

Ark. Code Ann. § 17-17-402 Applicability

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(1) The provisions of this subchapter shall apply only to:(1) Auctioneers who were licensed at the time of the occurrence of the acts or violations complained of; and(2) Acts or violations which occur after December 31, 1999. (1) Auctioneers who were licensed at the time of the o…

Ark. Code Ann. § 17-17-403 Construction

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Nothing in this subchapter shall be construed to limit or restrict in any manner other civil or criminal remedies which may be available to any person.

Ark. Code Ann. § 17-17-404 Additional fee

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(a) Except as provided in subsection (b) of this section, each auctioneer shall pay to the Auctioneer's Licensing Board at the time of initial licensure and at each annual renewal a fee as the board may require, not to exceed one hundred dollars ($100). This fee shall be in addit…

Ark. Code Ann. § 17-17-405 Disciplinary hearing — Recovery procedure

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(a) (1) In any disciplinary hearing before the Auctioneer's Licensing Board that involves a licensee who has allegedly violated any provision of this chapter, the board shall first determine whether a violation has occurred.(2) If so, the board shall then determine the amount of …

Ark. Code Ann. § 17-17-406 Education

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(1) The Auctioneer's Licensing Board, in its discretion, may use any funds in the Auctioneer Education and Recovery Fund in excess of the one-hundred-eighty-thousand-dollar level, regardless of whether it is from the fund fees or accrued interest thereon for any or all of the fol…

Ark. Code Ann. § 17-17-407 Jurisdiction

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(a) The Auctioneer's Licensing Board's jurisdiction and authority to award damages to an aggrieved party pursuant to § 17-17-405 is limited to actual compensatory damages. The board shall not award punitive or exemplary damages, nor shall it award interest on damages. (b) The app…

Ark. Code Ann. § 17-17-408 Appeal

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(a) An appeal may be taken to the circuit court from a final order of the Auctioneer's Licensing Board in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) An appeal shall automatically stay that portion of the board's order which directs the paym…

Ark. Code Ann. § 17-17-409 Subrogation — Suspension of license

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(1) Upon the payment by the Auctioneer's Licensing Board of any amount of money under § 17-17-405:(1) The recipients of the payment, to the extent of the payment, shall assign to the board all rights and claims that they may have against the licensee involved;(2) The board shall …

Ark. Code Ann. § 17-18-101 Purpose

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The purpose of this chapter is to provide an additional means of preventing theft of motor vehicle parts, tires, and accessories.

Ark. Code Ann. § 17-18-102 Penalty

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A person who violates this chapter or a rule hereunder shall be fined not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500).

Ark. Code Ann. § 17-18-103 Authority of Division of Arkansas State Police

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The Division of Arkansas State Police is empowered to make and enforce reasonable rules to effectuate the purpose of this chapter.

Ark. Code Ann. § 17-18-104 Record of transactions

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(a) A person engaged in the wholesale or retail business of dealing in new or used motor vehicle parts, tires, or accessories shall make and keep at the place of business for a period of ninety (90) days, a record of:(1) All motor vehicle parts, tires, or accessories acquired by …

Ark. Code Ann. § 17-19-101 Definitions

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(1) As used in this chapter, unless the context otherwise requires:(1) “Bail bond or appearance bond” means a bond for a specified monetary amount which is executed by the defendant and a qualified licensee under this chapter and which is issued to a court, magistrate, or authori…

Ark. Code Ann. § 17-19-102 Penalties

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(a) Any person who is found guilty of violating any of the provisions of this chapter shall upon conviction be guilty of a Class A misdemeanor. (b) Any person who falsely represents to the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board that any pers…

Ark. Code Ann. § 17-19-103 Civil and criminal proceedings

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The venue for any criminal or civil proceeding filed for any violation of this chapter shall be in the county wherein the violation occurred.

Ark. Code Ann. § 17-19-104 Exemption

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This chapter shall not affect the negotiation through a licensed broker or agent for, nor the execution or delivery of, an undertaking of bail executed by an insurer for its insured under a policy of automobile insurance or of liability insurance upon the automobile of the insure…

Ark. Code Ann. § 17-19-105 Prohibitions

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(1) No professional bail bondsman or professional bail bond company, nor court, nor law enforcement officer, nor any individual working on behalf of a professional bail bondsman or professional bail bond company, shall:(1) Require as a condition of his or her executing a bail bon…

Ark. Code Ann. § 17-19-106 Professional Bail Bond Company and Professional Bail Bondsman Licensing Board

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(a) This section may be cited as the “Arkansas Professional Bail Bond Company and Professional Bail Bondsman Licensing Act”. (b) (1) There is hereby created the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board.(2) (A) The board shall be composed of se…

Ark. Code Ann. § 17-19-107 Exception to education requirements

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Any licensed professional bail bondsman who is sixty-five (65) years of age or older and who has been licensed as a bail bondsman for fifteen (15) years or more shall be exempt from both the education and continuing education requirements of § 17-19-212 and § 17-19-401 et seq.

Ark. Code Ann. § 17-19-108 Rules

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The Professional Bail Bond Company and Professional Bail Bondsman Licensing Board shall adopt such reasonable rules as it shall deem necessary to assure the effective and efficient administration of §§ 17-19-107 and 17-19-212 and § 17-19-401 et seq.

Ark. Code Ann. § 17-19-109 Advertising by professional bail bond companies

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(a) All business cards, signs, telephone ads, newspaper ads, or any other type of advertising by professional bail bond companies shall display the company name prominently to assure that the identity of the company doing the advertising is readily apparent. (b) Any such advertis…

Ark. Code Ann. § 17-19-110 Licensed bail bond agent

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(a) A licensed bail bond agent shall be permitted to write a bail bond in any county if:(1) The agent has a current license with a current licensed professional bail bond company; and(2) The agent and the agent's company are in good standing with the courts in the jurisdiction wh…

Ark. Code Ann. § 17-19-111 Fees

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(a) Notwithstanding any other provisions of this chapter to the contrary, and notwithstanding any other provisions of Arkansas law to the contrary, a professional bail bond company, county sheriff, keeper of a jail, or other person authorized to take bond under § 16-84-102 is her…

Ark. Code Ann. § 17-19-112 Unpaid bond forfeiture judgment limits

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(a) (1) There shall be an initial one hundred thousand dollars ($100,000) limit on active unpaid bond forfeiture judgments for each bail bonding company.(2) Under this section, the amount of unpaid forfeiture or forfeitures shall be determined using the face value of an unpaid fo…

Ark. Code Ann. § 17-19-201 Licenses required

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(a) No person shall engage in bail bond business without first having been licensed as provided in this chapter. (b) A professional bail bondsman shall not execute, issue, or deliver an appearance bond in this state without holding a valid appointment from a professional bail bon…

Ark. Code Ann. § 17-19-202 Applications

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(a) Every applicant for a professional bail bondsman license or a professional bail bond company license shall apply on forms furnished by the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board. (b) The application of a professional bail bondsman shall …

Ark. Code Ann. § 17-19-203 Character references

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(1) Each applicant for a professional bail bondsman license shall:(1) File with the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board written statements from at least three (3) persons who know his or her character;(2) (A) Be required to apply to the I…

Ark. Code Ann. § 17-19-204 Examination

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(a) In order to determine the competence of each applicant for a professional bail bondsman license, the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board shall require every individual to submit to, and to pass to the satisfaction of the board, a writ…

Ark. Code Ann. § 17-19-205 Letter of credit or certificate of deposit required

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(a) (1) An applicant for a professional bail bond company license shall file with the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board an irrevocable letter of credit from an Arkansas chartered bank or a federally chartered bank in Arkansas or a certi…