Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-112-105 Civil damages
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(a) A licensee suffering pecuniary loss because of any willful failure by any other licensee to comply with this chapter, other than a new automobile or truck dealer's failure to comply with § 23-112-301(d)(1) and (2) or with any rule promulgated by the Arkansas Motor Vehicle Com…
Ark. Code Ann. § 23-112-106 Enforcement
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(a) The Arkansas Motor Vehicle Commission may enter orders that direct and command compliance with this chapter and rules under this chapter if any of the following conditions have been met:(1) The commission has conducted a hearing within sixty (60) days on the matter;(2) The co…
Ark. Code Ann. § 23-112-107 Motor vehicle event data recorder — Data ownership — Definitions
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(a) As used in this section:(1) “Authorized representative” means a person who is the attorney-in-fact for an owner or a person who has been appointed the administrator or personal representative of the estate of the owner;(2) “Motor vehicle event data recorder” means a factory-i…
Ark. Code Ann. § 23-112-201 Arkansas Motor Vehicle Commission — Creation — Members — Officers. [Effective until 91 days after final adjournment of the 2025 Regular Session.]
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(a) There is created the Arkansas Motor Vehicle Commission, hereinafter referred to as the “commission”, to be composed of nine (9) members to be appointed by the Governor for terms of seven (7) years, subject to confirmation by the Senate. (b) (1) One (1) commissioner shall be a…
Ark. Code Ann. § 23-112-202 Proceedings — Bond
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(a) The Arkansas Motor Vehicle Commission shall meet at Little Rock and complete its organization immediately after the entire membership thereof has been appointed and has qualified. (b) Before entering upon the discharge of the duties of his or her office, the Chair of the Arka…
Ark. Code Ann. § 23-112-203 Director of the Arkansas Motor Vehicle Commission
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(a) (1) The Arkansas Motor Vehicle Commission in consultation with the Secretary of the Department of Labor and Licensing shall employ a qualified person to serve as Director of the Arkansas Motor Vehicle Commission, to serve at the pleasure of the commission, and shall fix his o…
Ark. Code Ann. § 23-112-204 Rules
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The Arkansas Motor Vehicle Commission shall have power to prescribe, issue, amend, and rescind, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., such reasonable rules as may be reasonably necessary or appropriate to carry out the provisions of this chap…
Ark. Code Ann. § 23-112-205 Disposition of funds. [Effective until August 5, 2025.]
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(a) All funds received by the Arkansas Motor Vehicle Commission shall be deposited into the State Treasury as special revenues to the credit of a special fund to be known as the “Motor Vehicle Commission Fund”. (b) All expenses incurred in the organization, maintenance, operation…
Ark. Code Ann. § 23-112-206 [Repealed.]
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A.C.A. § 23-112-206Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-112-207 Automotive Technologist Education Grant Program
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(a) The Automotive Technologist Education Grant Program is established within the Arkansas Motor Vehicle Commission. (b) (1) The commission shall use the Automotive Technologist Education Grant Program to provide discretionary grants to career education programs with a focus on t…
Ark. Code Ann. § 23-112-301 License required — Definition
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(a) Notwithstanding any other statute, the following acts are declared to be unlawful:(1) The violation of any of the provisions of this chapter; and(2) For any person to engage in business as, serve in the capacity of, or act as a new motor vehicle dealer, motor vehicle lessor, …
Ark. Code Ann. § 23-112-302 Application for license
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(a) Applications for licenses required to be obtained under the provisions of this chapter shall:(1) Be verified by the oath or affirmation of the applicants;(2) Be on forms prescribed by the Arkansas Motor Vehicle Commission and furnished to the applicants; and(3) Contain such i…
Ark. Code Ann. § 23-112-303 Application fees
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(a) All applications for licenses shall be accompanied by the appropriate fees in accordance with the schedule set out in this subchapter. (b) In the event any application is denied and the license applied for is not issued, the entire license fee shall be returned to the applica…
Ark. Code Ann. § 23-112-304 Issuance of license — Change of location — Change of business or corporate name, structure, or DBA name — Dealers, manufacturers, distributors, etc
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(a) The license issued to each motor vehicle dealer, manufacturer, distributor, factory branch or division, or distributor branch or division shall specify the location of the factory, office, branch, or division thereof. (b) In case the location is changed, the Arkansas Motor Ve…
Ark. Code Ann. § 23-112-305 Display of license — Change of employer — Factory representative and distributor representative
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(a) Every motor vehicle factory representative or distributor representative shall have his or her license upon his or her person when engaged in his or her business and shall display the license upon request. (b) The name of the employer of the factory representative or distribu…
Ark. Code Ann. § 23-112-306 [Repealed.]
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A.C.A. § 23-112-306Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-112-307 Expiration of license
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(1) Unless the Arkansas Motor Vehicle Commission by rule provides to the contrary, all licenses issued to:(1) Manufacturers, distributors, factory or distributor branches, importers, second-stage manufacturers, converters, and their representatives expire June 30 following the da…
Ark. Code Ann. § 23-112-308 Denial, revocation, and suspension. [Effective until August 5, 2025]
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(a) Notwithstanding any other statute, the Arkansas Motor Vehicle Commission may deny an application for a license or revoke or suspend a license after it has been granted for any of the following reasons:(1) (A) For selling or soliciting sales of a motor vehicle without:(i) A mo…
Ark. Code Ann. § 23-112-309 Monetary penalty in lieu of suspension or revocation of license
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(a) (1) If after alternative proceedings or notice and hearing the Arkansas Motor Vehicle Commission finds that any person holding a license under this chapter is guilty of any violation of this chapter or rules promulgated under this chapter, it shall have the power and authorit…
Ark. Code Ann. § 23-112-310 Delivery, preparation, and warranty obligations
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(a) (1) Every licensed motor vehicle manufacturer, distributor, second-stage manufacturer, importer, or converter shall file with the Arkansas Motor Vehicle Commission with its initial application for a license:(A) A copy of the documents stating the delivery, preparation, and wa…
Ark. Code Ann. § 23-112-311 Addition or relocation of new motor vehicle dealer
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(a) (1) In all instances, when a manufacturer or distributor seeks to enter into a franchise establishing an additional new motor vehicle dealer or relocating an existing new motor vehicle dealer within or into a relevant market area where the same line make is then represented, …
Ark. Code Ann. § 23-112-312 License reciprocity with other states
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(a) The Arkansas Motor Vehicle Commission may enter into reciprocal agreements with motor vehicle commissions or their equivalents in other states to allow motor vehicle dealers who are licensed in those states to obtain a temporary permit in this state, pursuant to the rules pro…
Ark. Code Ann. § 23-112-313 Warranty agreements — Definitions
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(a) Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall properly fulfill any warranty or recall campaign agreements and adequately and fairly compensate each of its motor vehicle dealers fo…
Ark. Code Ann. § 23-112-314 Civil penalty — Definition
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(a) If after request for alternative proceedings or notice and hearing the Arkansas Motor Vehicle Commission finds that any person not holding a license under this chapter is guilty of any violation of this chapter or rules promulgated thereunder, the commission shall have the po…
Ark. Code Ann. § 23-112-315 [Repealed.]
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A.C.A. § 23-112-315Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-112-316 Delivery prior to sale — Disclosures — Definitions
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(a) As used in this section:(1) (A) “Contract for sale” means the final agreement between a new motor vehicle dealer and a consumer that:(i) Includes all material terms of the sale of a motor vehicle; and(ii) Is binding upon the seller, the buyer, and any necessary third-party fi…
Ark. Code Ann. § 23-112-317 Motor vehicle dealer service and handling fees
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(a) A motor vehicle dealer may fill in the blanks on standardized forms in connection with the sale or lease of a new or a used motor vehicle if the motor vehicle dealer does not charge for the service of filling in the blanks or otherwise charge for preparing documents. (b) (1) …
Ark. Code Ann. § 23-112-318 Negative equity financing and disclosures permitted
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(1) A new or used motor vehicle dealer or a new or used motor vehicle lessor is not required to be licensed by the State Bank Department in order to:(1) (A) Pay in connection with a credit sale transaction, any amount necessary to satisfy a lease, a security interest, or a lien u…
Ark. Code Ann. § 23-112-319 Reimbursement claim by motor vehicle dealer
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(a) (1) A manufacturer shall compensate its new motor vehicle dealers for all labor and parts required by the manufacturer to perform recall repairs.(2) The compensation for recall repairs required under subdivision (a)(1) of this section shall be reasonable.(3) If recall parts o…
Ark. Code Ann. § 23-112-401 [Repealed.]
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A.C.A. § 23-112-401Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-112-402 Motor vehicle dealer
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(1) It is unlawful for a motor vehicle dealer:(1) (A) To require a purchaser of a motor vehicle, as a condition of sale and delivery of the motor vehicle, to also purchase special features, appliances, equipment, parts, or accessories not desired or requested by the purchaser.(B)…
Ark. Code Ann. § 23-112-403 Manufacturers, distributors, second-stage manufacturers, importers, or converters — Definition
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(a) It shall be unlawful:(1) For a manufacturer, distributor, second-stage manufacturer, importer, converter, distributor branch or division, or factory branch or division, or an officer, agent, or other representative thereof, to coerce or attempt to coerce any motor vehicle dea…
Ark. Code Ann. § 23-112-404 Motor vehicle lessors
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(1) It is unlawful for a motor vehicle lessor or any agent, employee, or representative thereof:(1) To represent and to offer for sale or to sell as a new motor vehicle a motor vehicle that has been used or was intended to be used and operated for leasing or rental purposes or wh…
Ark. Code Ann. § 23-112-405 [Repealed.]
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A.C.A. § 23-112-405Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-112-406 Acting as broker
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(a) Notwithstanding any other statute, a person may not act as, offer to act as, or hold himself or herself out to be a broker of new motor vehicles. (b) (1) To effectuate this chapter, “arranges or offers to arrange a transaction” means soliciting or referring buyers for new mot…
Ark. Code Ann. § 23-112-407 [Repealed.]
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A.C.A. § 23-112-407Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-112-501 Right to hearing
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(a) (1) The Arkansas Motor Vehicle Commission may deny an application for a license if the application is considered inadequate after the initial review by the Executive Director of the Arkansas Motor Vehicle Commission.(2) Within thirty (30) days after the executive director den…
Ark. Code Ann. § 23-112-502 Call for hearing
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(a) Any interested party may petition the Arkansas Motor Vehicle Commission to call a hearing for the purpose of taking action with respect to any matter within the commission's jurisdiction by filing with the commission a notarized complaint setting forth grounds upon which the …
Ark. Code Ann. § 23-112-503 Notice — Location of hearing
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(a) When a hearing is to be held before the Arkansas Motor Vehicle Commission, the commission shall give written notice to all parties whose rights may be affected thereby. (b) The notice shall set forth the reason for the hearing, the questions or issues to be decided by the com…
Ark. Code Ann. § 23-112-504 Conduct of hearing
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All hearings shall be conducted pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Ark. Code Ann. § 23-112-505 Decisions and orders of commission — Quorum
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(a) All decisions of the Arkansas Motor Vehicle Commission with respect to the hearings provided for in this subchapter shall be incorporated into orders of the commission and spread upon its minutes. (b) A majority of the members of the commission shall constitute a quorum for p…
Ark. Code Ann. § 23-112-506 Appeals
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Appeals shall be governed by the terms of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Ark. Code Ann. § 23-112-507 Exhaustion of remedies required — Exception
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No decision of the Arkansas Motor Vehicle Commission made as a result of a hearing under the provisions of this subchapter shall become final with respect to any party affected and aggrieved by the decision until the party has exhausted, or shall have had an opportunity to exhaus…
Ark. Code Ann. § 23-112-508 Rules of order or procedure
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(a) The Arkansas Motor Vehicle Commission shall prescribe its rules of order or procedure in hearings, or other proceedings before it, under this chapter. (b) However, rules of order or procedure shall not be in conflict or contrary to the provisions of this subchapter.
Ark. Code Ann. § 23-112-509 Summons, citation, and subpoena
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(a) It shall be the duty of the sheriffs and constables of the counties of this state and of any employee of the Arkansas Motor Vehicle Commission, when so directed by the commission, to execute any summons, citation, or subpoena that the commission may cause to be issued and to …
Ark. Code Ann. § 23-112-601 Necessity for regulation — Legislative findings — Legislative declaration
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(a) The General Assembly declares that the public interest is affected by the sale and distribution of used motor vehicles, and it is recognized that a significant factor of the inducement in making a sale of a used motor vehicle to a member of the general public is the trust and…
Ark. Code Ann. § 23-112-602 Definitions
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(1) As used in this subchapter:(1) (A) “Auto auction” means any person who operates or provides a place of business or facilities for the wholesale exchange of motor vehicles by and between duly licensed motor vehicle dealers, or from used motor vehicle dealers to individuals, or…
Ark. Code Ann. § 23-112-603 Penalty for violation and disbursal of fines
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(a) In addition to any other penalty prescribed by existing laws, the penalties for violation of this subchapter and the disbursement of fines shall be as follows:(1) A first violation of this subchapter is a Class A misdemeanor;(2) A second violation of this subchapter is a Clas…
Ark. Code Ann. § 23-112-604 Powers generally
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(a) The Department of Arkansas State Police may promulgate rules that are necessary to implement, enforce, and administer this subchapter. (b) The department may cancel a dealer's license if the dealer:(1) Fails to keep and maintain the requirements of § 23-112-607(a) and (c); or…
Ark. Code Ann. § 23-112-605 Violations
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(1) It shall be a violation of this subchapter to knowingly or intentionally:(1) (A) Sell a vehicle without a dealer's license.(B) The sale of each vehicle shall constitute a separate offense;(2) Commit a fraudulent act in selling, purchasing, or otherwise dealing in motor vehicl…