Current through Register Vol. 49, No. 2, February 2024
SECTION
1.
PURPOSE
The purpose of these Rules is to define driver's license testing
fraud and establish penalties for such fraud as provided by Ark. Code Ann.
§
27-16-705(c).
SECTION 2.
AUTHORITY
These Rules are promulgated pursuant to the Director's authority
under Ark. Code Ann. §§
27-16-705(c)
and
25-15-201,
et seq.
SECTION
3.
DEFINITIONS
A person commits driver's license or instruction permit
examination fraud if during any written or electronic examination process for a
driver's license or instructions permit the person:
A. Possesses or uses written or electronic
answers to the examination during the examination process;
B. Uses any electronic communication device
to communicate with a person who is not employed by the Department of the
Arkansas State Police (and in a position that is assisting in the
administration of the examination);
C. Writes down question contained on the
examination during the examination process with the intent to leave the testing
center with the questions or otherwise transmit the data; or
D. Uses any electronic device to record,
capture, access data, or transmit any portion of the examination during the
examination process.
SECTION
4.
PROCEDURES
A.
Any person violating any portion of Section
3 of these Rules on the first
offense will receive a suspension that bars the person from the privilege of
taking the driver's license or instruction permit examination for forty-five
(45) days.
B. Any person violating
any portion of Section
3 of these Rules on the second
offense will receive a suspension of ninety (90) days.
C. Any person violating any portion of
Section 3 of these Rules on the third
offense and each successive offense will receive a suspension of one hundred
eighty (180) days.
D. All
suspensions will be recorded in the Department's Driver's License/Commercial
Driver's License testing system. The system will display a red flag when a
suspended person attempts to retake a test at another location when their name
is entered into the system.
SECTION
5.
EFFECTIVE DATE
The effective date of these Rules is January 22, 2012.
SECTION 6.
SEVERABILITY
Any section or provision of these Rules held by a court to be
invalid or unconstitutional will not affect the validity of any other section
or provision of these Rules.
