Title 17, Professions, Occupations, and Businesses

A new certificate of registration to replace any certificate lost, destroyed, or mutilated may be issued subject to the rules of the Arkansas Natural Resources Commission. A reasonable charge shall be made for reissuance.

(a) The Arkansas Natural Resources Commission shall cause to have prepared and shall adopt a code of ethics, a copy of which shall be delivered to every registrant and applicant for registration under this chapter. (b) The delivery shall constitute due notice to all registrants. …

(1) The Arkansas Natural Resources Commission shall have the power to suspend, refuse to renew, or revoke the certificate of registration of, or reprimand, any registrant who is guilty of:(1) Fraud or deceit in obtaining a certificate of registration;(2) Gross negligence, incompe…

(a) Any person may prefer charges of fraud, deceit, gross negligence, incompetence, misconduct, or violation of the code of ethics against any individual registrant. (b) Charges shall be in writing, shall be sworn to by the person or persons making them, and shall be filed with t…

(1) As used in this chapter:(1) (A) “Firm” means a form of business entity that offers professional surveying services of its licensed personnel to the public.(B) “Firm” does not include an individual licensee operating under his or her name;(2) (A) “Land surveying” means a servi…

(a) (1) Unless a different penalty is specifically provided, a person who violates this chapter shall be guilty of a Class B misdemeanor.(2) It is the duty of all duly constituted officers of the state and all of its political subdivisions to enforce this chapter and prosecute an…

In order to safeguard the life, health, or property of the public, the practice of land surveying in this state is declared to be subject to regulation in the public interest.

(a) The State Board of Licensure for Professional Engineers and Professional Surveyors may adopt and amend all bylaws and rules of procedure not inconsistent with the Arkansas Constitution and laws of this state or this chapter that may be reasonably necessary for the proper perf…

(a) Each licensed professional surveyor shall:(1) Procure a personal seal, in form approved by the State Board of Licensure for Professional Engineers and Professional Surveyors; and(2) Affix his or her signature and the seal upon all maps, plats, surveys, or other documents befo…

(a) (1) A licensed professional surveyor is not required to file a plat until he or she has been paid for performing the survey.(2) A licensed professional surveyor shall file the plat with the Division of Land Surveys of the Arkansas Geographic Information Systems Office within …

(a) Every survey of a parcel of real property made after March 30, 1981, shall include a statement of the number of acres or parts of acres included in the parcel surveyed. If the parcel surveyed includes lands situated in more than one quarter-quarter, the approximate number of …

(a) (1) It is unlawful for a person who is not a professional surveyor licensed by the State Board of Licensure for Professional Engineers and Professional Surveyors to hold himself or herself out as a professional surveyor to practice or offer to practice land surveying in the s…

(a) Application for licensure as a professional surveyor or surveyor intern shall be made on forms provided by the State Board of Licensure for Professional Engineers and Professional Surveyors to be signed and sworn to by the applicant. (b) The forms shall contain statements mad…

(a) A person who shows to the satisfaction of the State Board of Licensure for Professional Engineers and Professional Surveyors that he or she is a person over twenty-one (21) years of age is eligible for licensure as a professional surveyor if he or she qualifies under one (1) …

(a) All certificates shall be renewed annually or biennially at the discretion of the State Board of Licensure for Professional Engineers and Professional Surveyors. (b) Certificates of licensure for professional surveyors and surveyor interns shall be renewed by the board to per…

(a) The State Board of Licensure for Professional Engineers and Professional Surveyors may suspend, revoke, or refuse to issue, restore, or renew a certificate of licensure of, or place on probation, fine, or reprimand a professional surveyor who is:(1) Found guilty of:(A) Fraud …

(a) (1) The State Board of Licensure for Professional Engineers and Professional Surveyors shall issue rules establishing the continuing education requirements for professional surveyors and surveyor interns.(2) The rules shall take into account the accessibility to applicants of…

(a) A firm that practices or offers to practice surveying is required to obtain a certificate of authorization from the State Board of Licensure for Professional Engineers and Professional Surveyors under the board's rules. (b) (1) In order to obtain a certificate of authorizatio…

(a) The rules promulgated by the State Board of Licensure for Professional Engineers and Professional Surveyors for disciplinary procedures shall be based on and consistent with the model rules of procedure of the Attorney General. (b) A charge, unless dismissed or settled inform…

The purpose of this subchapter is to enable surveyors to have access to survey monuments, triangulation stations, traverse stations, leveling stations, section corners, quarter-section corners and sixteenth-section corners, locations, and other evidence needed in conducting or pr…

(1) As used in this subchapter, “surveyor” means a person:(1) Who is a registered surveyor licensed to practice in the State of Arkansas by permanent registration number or by special permit;(2) Employed in surveying by the United States Government, by the State of Arkansas, or b…

(a) Surveyors shall have the right to enter on public or private land or waters, except buildings, in the lawful pursuit of their occupations and shall be immune from arrest for trespass when performing their duties as prescribed in this subchapter. (b) (1) Where practical, surve…

(a) Surveyors shall be personally liable for any damage caused to private property when exercising entry under this subchapter. (b) Surveyors shall forfeit any and all claim for damage or personal injury against the landowner while on such lands or waters unless the damage or inj…

(a) As used in this section, “commercial poultry farm” means a poultry operation with a poultry house or poultry houses in excess of five thousand square feet (5,000 sq. ft.). (b) Before a surveyor enters onto a commercial poultry farm to survey either the commercial poultry farm…

This subchapter shall be known and may be cited as the “Transient Merchant Licensing Act of 1983”.

(a) The General Assembly finds that because of the temporary nature of the business conducted by transient merchants, consumers in the State of Arkansas are not likely to be able to obtain proper contact information to resolve disputes with, serve legal process upon, or satisfy m…

(1) As used in this subchapter:(1) “Person” means any individual, corporation, partnership, association, or other entity;(2) “Temporary or transient business” means any business conducted for the sale or offer for sale of goods, wares, or merchandise that is carried on in any bui…

(a) The provisions of this subchapter shall not apply to:(1) Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business;(2) Wholesale trade shows or conventions;(3) Sales of goods, wares, or merchandise by sample catalogue or …

It is the duty of the county sheriff and other law enforcement officers in each county and the prosecuting attorney for each county to enforce the provisions of this subchapter.

(a) It is unlawful for any transient merchant to transact business in any county in this state unless the merchant and the owners of any goods, wares, or merchandise to be offered for sale or sold, if such are not owned by the merchant, shall have first secured a registration cer…

(a) Any transient merchant desiring to transact business in any county in this state shall register in each county in which the merchant desires to transact business. (b) The registration shall be filed with the county clerk and shall include the following information:(1) The nam…

(a) Each registered agent designated by a transient merchant shall be a resident of the county and shall be agent of the transient merchant upon whom any process, notice, or demand required or permitted by law to be served upon the transient merchant may be served. (b) The regist…

(a) Each application for a transient merchant registration certificate shall be accompanied by a registration fee of fifty dollars ($50.00) and by a cash bond or a surety bond issued by a corporate surety authorized to do business in the state in the amount of two thousand dollar…

(a) A transient business registration certificate shall be issued under this section only when all requirements of this subchapter have been met. (b) The registration certificate shall:(1) Not be transferable;(2) Be valid only within the territorial limits of the issuing county;(…

(a) Peddlers have always been recognized as a special class, subject to special laws regulating, licensing, and policing the class. This is based on their particular way of doing business, upon the fact that many of them contribute nothing or very little in the way of taxes and o…

(1) As used in this subchapter, unless the context otherwise requires:(1) (A) “Established place of business” means any permanent warehouse, building, or structure:(i) At which a permanent business is carried on in good faith, and not for the purpose of evading this subchapter, d…

(a) No person shall be exempt from the requirements of this subchapter by reason of the provisions of § 17-49-202(4)(B) unless he or she or the driver of the motor vehicle upon which his or her property is being transported shall, upon the request of any state, county, or townshi…

(a) Any person violating any provision of this subchapter shall be guilty of a misdemeanor, except as herein otherwise provided, and shall upon conviction be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or by imprisonment in…

It shall be the duty of the Department of Finance and Administration or its authorized agents, the Department of Arkansas State Police, and all peace officers to enforce this subchapter.

Nothing in this subchapter shall be construed to repeal or amend any statute delegating authority to any county or municipal corporation to license, tax, or regulate peddlers or itinerant merchants.

No person shall engage in business or use any motor vehicle in this state as an itinerant merchant, as defined and fixed in § 17-49-202, without complying with this subchapter and without obtaining from the Department of Finance and Administration the license required by this sub…

(a) An application for a license as an itinerant merchant shall be made to the Department of Finance and Administration through any of its authorized agents upon forms to be prepared by the department. (b) A separate application and license shall be required for each motor vehicl…

(a) (1) The fee for each license, except as herein otherwise provided, shall be fifty dollars ($50.00) per year.(2) However, if the license is issued after June 30 in any year, the license fee shall be twenty-five dollars ($25.00).(3) The proper fee shall accompany the applicatio…

(a) No license shall be issued by the Department of Finance and Administration until the applicant has filed with each application the following insurance policies and bonds issued by an insurance company or bonding company authorized to do business within this state, which have …

(1) Any person having a cause of action against the itinerant merchant arising out of the matters described in § 17-49-210(a)(1) and (2):(1) May join the itinerant merchant and the surety on his or her bond in the same action; or(2) May sue the surety without joining the itineran…

Before a license shall be issued, the applicant shall sign and file with the Department of Finance and Administration an irrevocable power of attorney appointing the department his or her agent to accept service of summons for all causes of action against him or her arising out o…