Arkansas Administrative Code
Agency 130 - Arkansas State Police
Rule 130.00.16-001 - Rules for Licensing and Regulation of Private Investigators, Private Security Agencies, Alarm Systems Companies, Polygraph Examiners, and Voice Stress Analysis Examiners

Rule 1.3. Definitions -

Rule 2.2. Application form - The application form for a license, credential, or commission shall be issued by the Director and shall include:

Rule 2.4. Reciprocity - An applicant who meets the qualifications set forth in A.C.A. § 17-39-205 or § 17-40-353 may obtain an Arkansas license or credential by submission of the required forms, non-refundable application fee, and national and state background check fees. The transfer applicant must also have his or her background check successfully completed through state and federal background check systems.

Rule 2.5. Transfer license, credential, or commission - Individuals who wish to transfer a license, credential, or commission from one company to another must complete the transfer application and submit the required background check and transfer fees. The transfer fee is $20.00 for alarm systems agents, alarm systems apprentices, alarm systems technicians, alarm systems monitors, and security guards. The transfer fee is $75.00 for credentialed private investigators.

Rule 2.6. Fingerprinting for initial application - In the event a legible and classifiable set of fingerprints cannot be obtained, as determined by the Department or the Federal Bureau of Investigation, the applicant shall be contacted and shall be required to be fingerprinted again. After two (2) unsuccessful fingerprint card submissions, a name search through the FBI will be conducted. Electronic capture of the fingerprints of the applicant on a device and in a manner approved by the Director is allowed. The Director shall determine the applicant's eligibility for licensing only after successful completion of the FBI fingerprint-based check.

Rule 2.7. Issuance - A license, credential, or commission shall be issued by the Director if, after submission of a complete application:

Rule 2.8. Unresolved arrests - If a check of the applicant's criminal records uncovers any unresolved arrest that may lead to the disqualification of the applicant, the applicant shall obtain a disposition of the open charge and return the disposition to the Department within sixty (60) days. The application will not be processed to completion without the Department having received the disposition information.

Rule 2.9. Prior offenses - the Director of the Department shall deny an application if the applicant has been found guilty or has pleaded guilty or "nolo contendere" to a criminal offense as set forth in A.C.A. § 17-39-202, § 17-39-206, § 17-39-304, § 17-40-306, or § 17-40-337.

Rule 2.10. Designated Offenses - Pursuant to A.C.A. § 17-40-306(e), the Department is required to designate the Class A misdemeanors under Arkansas law that constitute disqualifying offenses involving theft, sexual offenses, violence, an element of dishonesty, or a crime against a person. This list shall not be deemed to exclude comparable offenses from another state or comparable offenses in the State of Arkansas that have been renumbered or repealed if such an offense otherwise falls within the requirements of A.C.A. § 17-40-306(d).

Rule 2.11. Incomplete application - Applicants must tender all documents and information necessary for a complete application upon submission. Application deficiencies must be corrected within thirty (30) days. Dispositions must be received within sixty (60) days of request for same or the application shall be voided. Applications not complete after 120 days of submission shall be voided.

Rule 2.12. Denial - If the Director denies an application, he or she shall notify the applicant in writing, stating the grounds for denial. The letter shall be sent certified mail, return receipt requested.

Rule 2.13. New Employees - If a licensee hires an individual required to be licensed, credentialed, or commissioned by the Department, the licensee must file an application to obtain a license, credential, or commission for the employee within 14 days of the hire. The employee may work under the supervision of the licensee or credential holder until the application has been processed by the Department.

Rule 2.14. Upgrades - A licensee, credential holder, or commission holder may upgrade the status of his or her license, credential, or commission during the active period of his or her license. In order to receive an upgrade, the company or individual must:

Rule 2.15. Fees - All fees for original licensure, registration, transfer, renewal, and delinquencies shall be charged as outlined in A.C.A. § 17-39-207, § 17-39-210, § 17-39-305, and § 17-40-302.

Rule 6.7. Temporary Suspension - Pending an appeal of a denial, suspension, revocation, or reprimand, the Director may suspend a license, credential, or commission when that person has been convicted in any jurisdiction of a disqualifying offense under A.C.A. § 17-39-202, § 17-39-206, § 17-39-211, § 17-39-304, § 17-39-306, § 17-40-306, § 17-40-344, or § 17-40-350.

Rule 8.7. Termination of Training Administrator, Assistant Training Administrator, or Training Instructor - If a TA, ATA, or TI ceases to be employed with an approved IOI for any reason whatsoever, the IOI shall notify the Department in writing within seven (7) days. The business of the IOI may be carried on for thirty (30) days from the date the TA was terminated, pending the qualification of another TA. If the IOI fails to have an approved TA when the thirty (30) day period expires, they shall be subject to decertification by the Administrator.

Rule 9.0. Class "E" Unrestricted alarm system company - installs alarm systems, including those systems in structures that are required by the AFPC to have a fire alarm system. An applicant that is qualified for a Class "E" Unrestricted license is also qualified for a Class "E" Restricted license. To be licensed as a Class "E" Unrestricted alarm system company, the applicant must meet the following qualifications:

Rule 9.1. Class "E" Restricted alarm systems company - installs alarm systems in structures that are not required by the AFPC to have a fire alarm system. To be licensed as a Class "E" Restricted alarm system company, the applicant must meet the following qualifications:

Rule 10.5. Phase III - In addition to Phase I and Phase II training, the training requirements for Phase III must be taught to all CSSO applicants and shall consist of thirty-six (36) hours minimum on the following subjects:

Rule 10.7. Firearms Training Instructor - A qualified Firearms Training Instructor must conduct the firearms training portion for CSOs and CSSOs. An individual seeking to be a qualified Firearms Training Instructor must prove that he or she meets the following requirements of the Department:

Rule 11.0. Credentialed Private Investigator (CPI) - An applicant for a CPI credential must work under the supervision of a qualified manager of a Class A company and pass an examination administered by the ASP.

Rule 11.1. PI Course of Instruction - all applicants for a Class A or D license must complete the following training requirements if they do not meet the experience of a manager as outlined in A.C.A. § 17-40-306:

Rule 12.1. Application - An applicant must submit with their new polygraph application:

Rule 12.2. Sponsors - A sponsor is a polygraph examiner who has held a Polygraph Examiners License for at least two (2) years.

Rule 12.3. Sponsor limit - No polygraph examiner shall sponsor more than two (2) interns at one time.

Rule 12.4. Unauthorized reproduction - Polygraph examiner licenses issued by the Department shall not be reproduced or copied.

Rule 12.5. Continuing education - All polygraph examiners renewing their license must submit proof of continuing polygraph examiner education consisting of at least fourteen (14) hours within the past two years.

Rule 12.6. Subject unfit - The polygraph examiner shall not conduct a polygraph examination of a subject who he or she believes, through observation or any other creditable evidence, to be physically or psychologically unfit for an examination at that time.

Rule 12.7. Voluntary examination - No examiner shall record any physiological or psychological reaction or response with an instrument, or any part of an instrument, without the subject being aware that their physiological or psychological reactions or responses are being recorded for the purpose of determining truth or deception.

Rule 12.8. Compliance with law - An examiner shall not conduct an examination where he or she has reason to believe the examination is intended to cause him or her to circumvent or defy the law.