Title 17, Professions, Occupations, and Businesses

This subchapter and subchapter 2 shall be known and may be cited as the “Polygraph Examiners Licensing Act”.

(1) As used in this subchapter and subchapter 2:(1) “Intern” means a person who holds a valid intern polygraph examiner license issued by the Director of the Division of Arkansas State Police;(2) “Internship” means the study of polygraph examinations and of the administration of …

(a) A person who violates this subchapter or subchapter 2 or who falsely states or represents that he or she is a properly licensed polygraph examiner or intern, upon conviction is guilty of a Class A misdemeanor. (b) It is unlawful for a person to conduct a polygraph examination…

(a) If a person violates this subchapter or subchapter 2, the Director of the Division of Arkansas State Police, through the Attorney General, may apply in any circuit court of competent jurisdiction for an order enjoining the violation or for an order enforcing compliance with t…

This subchapter and subchapter 2 shall not be construed as permitting the results of a polygraph examination to be introduced or admitted as evidence in a criminal proceeding.

(a) The Director of the Division of Arkansas State Police may perform the functions and duties enumerated in this subchapter and subchapter 2 with respect to the licensing of polygraph examiners and interns and perform all other acts incidental and necessary to the proper perform…

(a) All fees collected under this subchapter and § 17-39-201 et seq. shall be deposited into the State Treasury to the credit of the Division of Arkansas State Police Fund. (b) (1) All funds received by the Division of Arkansas State Police shall be deposited into the State Treas…

(a) Every polygraph examiner or intern shall use an instrument that records visually, permanently, and simultaneously a subject's:(1) Cardiovascular pattern;(2) Electrodermal activity; and(3) Respiratory pattern. (1) Cardiovascular pattern; (2) Electrodermal activity; and (3) Res…

The Director of the Division of Arkansas State Police may designate a person on his or her staff to administer and carry out the provisions of this subchapter and subchapter 2.

It is unlawful for a person, including a city, county, or state employee, to administer polygraph examinations or hold himself or herself out as a polygraph examiner or intern without a polygraph examiner license or intern polygraph examiner license approved and issued by the Dir…

(1) A polygraph examiner license or an intern polygraph examiner license may be issued to an applicant who:(1) Is at least twenty-one (21) years of age at the time of application;(2) (A) Has successfully completed a criminal background check and has not been found guilty of or pl…

(a) An application for an initial polygraph examiner license or intern polygraph examiner license shall be made to the Director of the Division of Arkansas State Police on forms prescribed by the director and shall be accompanied by the required fee as set out in § 17-39-207. (b)…

(a) In addition to other application requirements, a polygraph examiner licensee or an intern polygraph examiner licensee who does not maintain a place of business in Arkansas shall file with the Director of the Division of Arkansas State Police an irrevocable consent that:(1) Ac…

(1) An applicant who is a polygraph examiner licensed under the laws of another state or territory of the United States may be issued a two-year license by the Director of the Division of Arkansas State Police upon the production of satisfactory proof that the applicant:(1) (A) M…

(a) (1) The Director of the Division of Arkansas State Police shall issue an intern polygraph examiner license to an applicant, provided that he or she submits a properly completed application, meets the licensing requirements, and pays the required fee under § 17-39-207.(2) The …

(a) The fees to be paid with an application for a license under this subchapter and subchapter 1 are as follows:(1) For an initial two-year polygraph examiner license, one hundred twenty dollars ($120);(2) For a one-year intern polygraph examiner license, thirty dollars ($30.00);…

A polygraph examiner license, an intern polygraph examiner license, or the photo identification card issued by the Director of the Division of Arkansas State Police shall be prominently displayed at the place of business of the licensee or worn on his or her person.

Notice in writing shall be given to the Director of the Division of Arkansas State Police by the polygraph examiner licensee or the intern of any change of principal business location, telephone number, or email address within thirty (30) days of the time he or she changes locati…

(a) Each polygraph examiner license shall be issued for the term of two (2) years and, unless suspended or revoked, may be renewed with documentation prescribed by the Director of the Division of Arkansas State Police. (b) (1) A polygraph examiner whose license has been expired f…

(1) The Director of the Division of Arkansas State Police may deny, suspend, or revoke a polygraph examiner license or an intern polygraph examiner license on any one (1) or more of the following grounds:(1) Failure of a licensee before conducting a polygraph examination to infor…

(a) Each first-time applicant and applicant for license renewal shall be required to apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Identification Bureau of the Division of Arka…

(a) (1) (A) When the Director of the Division of Arkansas State Police seeks to deny an application or suspend or revoke a license issued under this subchapter and subchapter 1, the director shall notify the applicant or licensee in person or by certified mail, return receipt req…

(a) An applicant or licensee dissatisfied with the action of the Director of the Division of Arkansas State Police in denying, suspending, or revoking a license may appeal the decision of the director under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) The di…

The Director of the Division of Arkansas State Police may promulgate rules to permit the efficient administration of this subchapter and subchapter 1.

(1) As used in this subchapter:(1) “Voice stress analysis” means the procedure for analyzing the responses of an individual to a specific set of questions;(2) “Voice stress analysis examiner” means an individual who has been trained in the operation of a voice stress analysis mac…

This subchapter shall not be construed to permit the results of any voice stress analysis examination to be introduced or admitted in any criminal proceeding.

An applicant who seeks licensure under this subchapter as a certified voice stress analysis examiner has the burden to provide sufficient information to bring himself or herself within the licensing standards that would allow the Director of the Division of Arkansas State Police …

(1) A person who desires to be licensed as a certified voice stress analysis examiner and conduct voice stress analysis examinations within this state shall apply for licensure to the Director of the Division of Arkansas State Police and shall submit with the application document…

(a) (1) Except as provided under subdivision (a)(2) of this section, the applicant for licensure under this subchapter shall pay the following fees:(A) For an initial two-year voice stress analysis examiner's license, one hundred twenty dollars ($120);(B) For a two-year renewal o…

(1) The Director of the Division of Arkansas State Police may deny, suspend, or revoke a license of a certified voice stress analysis examiner on one (1) or more of the following grounds:(1) Failure of a certified voice stress analysis examiner before conducting a voice stress an…

The Director of the Division of Arkansas State Police may promulgate rules to permit the efficient administration of this subchapter.

(a) Except as provided in subsection (d) of this section, a voice stress analysis examination shall be conducted only in person. (b) Before undergoing the voice stress analysis examination, the subject of the voice stress analysis examination shall provide his or her written perm…

(a) (1) Each first-time applicant and each applicant for renewal of licensure as a certified voice stress analysis examiner shall apply to the Division of Arkansas State Police for a state and national criminal background check to be conducted by the division and the Federal Bure…

(a) It is unlawful for a person to conduct a certified voice stress analysis examination unless that person holds a valid license as a voice stress analysis examiner issued by the Department of Arkansas State Police. (b) A person who knowingly violates this subchapter or a person…

(a) If a person violates this subchapter, the Director of the Division of Arkansas State Police, through the Attorney General, may apply in the circuit court having jurisdiction for an order enjoining the violation or for an order enforcing compliance with this subchapter. (b) (1…

(a) The Director of the Division of Arkansas State Police may perform the functions and duties enumerated within this subchapter with respect to the licensing of certified voice stress analysis examiners and perform all other acts incidental and necessary to the proper performanc…

This chapter may be cited as the “Private Security Agency, Private Investigator, and School Security Licensing and Credentialing Act”.

(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…

(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 …

(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.

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…

(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…

(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…

(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…

(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…

(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 …