Current through Register Vol. 49, No. 9, September, 2024
SECTION
1.
TITLE/AUTHORITY/DEFINITIONS
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Rule
1.3.
Definitions -
....
(2) Administrator -
the designee of the Director of the Division of Arkansas State Police pursuant
to A.C.A. §
17-39-110.
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(4)
Applicant - any person who has submitted a properly completed application to be
licensed, credentialed, or commissioned under this chapter to the Division.
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(9)
Division -the Division of Arkansas State Police ("ASP").
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(13)
Institution of Instruction (IOI) -a teaching entity that has been approved by
the Division to instruct licensees, credential holders, and commission holders.
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SECTION 2.
APPLICATION
Rule 2.0.
Penalty for false response or
document - Submitting false answers or false documentation with an
application or in other communications with the Division shall subject the
applicant to the following:
(a) Criminal
penalty -Class A misdemeanor pursuant to A.C.A. §
5-53-103; and/or
(b) Non-criminal penalty -Denial, suspension,
revocation, or the imposition of fines and restrictions.
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Rule 2.3.
Complete Application -
An application will not be considered by the Division unless it is complete.
The documentation received from an applicant shall be deemed complete when it
contains all the requirements under Arkansas law and these Rules, as follows:
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(c) The applicable
fees for state and national background checks, as prescribed by law; (d) A
properly completed, legible, signed waiver authorizing the Division access to
the applicant's medical and criminal records;
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Rule
2.4.
Reciprocity & Temporary Licensing - An
applicant who holds a substantially similar license, credential, or commission
in another state, territory, or district of the United States may obtain a
reciprocal or temporary Arkansas license, credential, or commission as follows:
(a) An applicant for a polygraph examiner
license or a private investigator credential must meet the qualifications set
forth in A.C.A. §
17-39-205 or §
17-40-353.
(b) An applicant for any other reciprocal
license, credential, or commission must demonstrate that he or she:
(i) Holds the license, credential, or
commission in good standing;
(ii)
Has not had his or her license, credential, or commission revoked for an act of
bad faith or a violation of law, rule, or ethics;
(iii) Is not holding any suspended or
probationary license, credential, or commission;
(iv) Is sufficiently competent in his or her
field;
(v) Has been actively and
lawfully engaged in the particular profession requiring the license,
credential, or commission for one (1) or more years prior to submitting the
reciprocal application; and
(vi)
Has completed any Arkansas-specific education or training required by the
particular license, credential, or commission;
(c) An applicant for a reciprocal license,
credential, or commission who resides in a state, territory, or district of the
United States that does not require licensure to practice a profession covered
by this subchapter must demonstrate that he or she:
(i) Has not had his or her license,
credential, or commission revoked for an act of bad faith or a violation of
law, rule, or ethics;
(ii) Is not
holding any suspended or probationary license, credential, or commission;
(iii) Is sufficiently competent in
his or her field;
(iv) Has been
actively and lawfully engaged in the particular profession requiring the
license, credential, or commission for five (5) or more years prior to
submitting the reciprocal application; and
(v) Has completed any Arkansas-specific
education or training required by the particular license, credential, or
commission;
(d) An
applicant who meets the requirements of subsections (a), (b), or (c), above,
may obtain a 90-day temporary license, credential, or commission upon request.
The applicant seeking the reciprocal or temporary license,
credential, or commission must submit the required forms, non-refundable
application fee, and national and state background check fees. The applicant
must also have his or her background check successfully completed through state
and federal background check systems.
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Rule
2.6.
Fingerprinting for initial application - In the
event a legible and classifiable set of fingerprints cannot be obtained, as
determined by the Division 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.
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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 Division within sixty (60)
days. The application will not be processed to completion without the Division
having received the disposition information.
Rule 2.9.
Prior offenses - the
Director of the Division 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.
(a) A prior conviction will disqualify the
applicant even if the conviction has been sealed or expunged; but
(b) A prior conviction will not disqualify an
applicant if the applicant has received a pardon for the conviction in
accordance with A.C.A. §
16-93-201, et seq.
(i) To qualify for a commission, the pardon
must include a provision for full restoration of firearms rights.
Rule 2.10.
Designated Offenses - Pursuant to A.C.A. §
17-40-306(e), the
Division 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).
....
(e) Offenses
involving a crime against a person: .;
(11)
A.C.A. §
5-60-124 -Interference with
Emergency Communication in the First Degree;
(12) A.C.A. §
5-71-217 -Cyberbullying;
(13) A.C.A. §
5-71-229 -Stalking;
(14) A.C.A. §
9-15-207 -Violation of Order of
Protection; and
(15) A.C.A. §
16-85-714 -Violation of No Contact
Order.
....
Rule 2.13.
New Employees - If a
licensee hires an individual required to be licensed, credentialed, or
commissioned by the Division, 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 Division.
(a) "Supervision" is defined as the licensee
or credential holder watching and directing the applicant's activities while in
the immediate presence (line of sight proximity) of the applicant at all
times.
(b) If the required state
and federal background check uncovers a potential disqualifying factor in the
applicant's criminal history, the applicant shall immediately cease work upon
notification by the Division until the disqualifying factor has been
resolved.
(c) A commissioned
applicant cannot work in an armed capacity until the application has been fully
processed and the ID card issued.
....
Rule
2.16.
Prelicensure Criminal Background Determination
- an individual with a criminal record may seek a determination from the
Division of whether his or her criminal record will disqualify him or her from
obtaining a license, credential, or commission. It is not necessary for an
individual seeking a prelicensure criminal background determination to complete
training or submit to the full application process. A petitioner for a
prelicensure criminal background determination shall submit to the Division the
following items:
(a) A completed criminal
background determination request form provided by the Division;
(b) The applicable fees for state and
national background checks, as prescribed by law;
(c) A properly completed, legible, signed
waiver authorizing the Division access to the petitioner's criminal
records;
(d) Two (2) classifiable
sets of fingerprints; and
(e) Full
and complete details of the criminal record of the individual.
Upon receipt of the above items, the Division will notify the
petitioner whether his or her criminal record would disqualify him or her from
obtaining a license, credential, or commission. The determination of the
Division is not binding in the event the petitioner commits subsequent criminal
offenses or if additional information about the petitioner's criminal
background is uncovered that was not previously disclosed. In order to obtain a
license, credential, or commission, the petitioner must submit to the full
application process, including additional background checks, and meet all other
qualifications for licensure.
SECTION 3.
RENEWAL
Rule 3.0.
Process for renewal of
license - A licensee, credential holder, or commission holder may renew
his or her license, credential, or commission no more than ninety (90) days
prior to its expiration date by submitting to the Division the following items:
(a) A completed renewal form provided by the
Division;
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Rule 3.3.
Late Fee - Delinquency
fees shall be imposed in accordance with A.C.A. §
17-39-207, §
17-39-305, and §
17-40-302 if the renewal
application is not received by the Division on or before the date on which it
would otherwise expire. A renewal application may be submitted to the Division
at any time within ninety (90) days prior to the expiration of the license, but
under no circumstances will an application be accepted before the ninety (90)
days prior to expiration.
Rule 3.4.
Previously issued license, credential, or commission - Any
application for renewal of a previously issued license, credential, or
commission that is submitted after the effective date of these Rules shall be
evaluated in accordance with the provisions contained Page | 8 Act 393 -ASP
Revised Rules December 13, 2016 herein and current laws and rules.
SECTION 4.
OTHER CHANGES TO
LICENSE, CREDENTIAL, OR COMMISSION
Rule
4.0.
Voluntary Termination - When a company or
individual licensed under these Rules ceases to conduct business in this state,
it must return all certificates of licensure and all credential cards issued to
its employees to the Division, accompanied by a notarized writing stating it is
no longer actively in business and the date it ceased any activity encompassed
by these Rules.
Rule 4.1.
Lost or destroyed license or credential card - A licensee or any
credentialed employee of a licensee shall report a lost or stolen license or
credential card to the Administrator and the licensee within five (5) days of
any such loss or theft. The report shall be in writing, by notarized statement,
and a Division form shall be provided for that purpose. If a person complies
with this provision, he or she may obtain a replacement license or credential
card with up-to-date information upon the payment to the Division of a fee as
established by law.
Rule 4.2.
Change of name - Within fourteen (14) days after the changing of a
legal name, the licensee, credential holder, or commission holder shall notify
the Director in writing of the change and provide court documentation that
officially created the change. A Division form shall be provided for that
purpose. If the person would like a new license or credential card printed with
updated information, he or she may destroy the old document and apply for a
replacement with payment of a fee.
Rule
4.3.
Voluntary surrender - If a licensee, credential
holder, or commission holder voluntarily surrenders his or her license,
credential, or commission to the Division in the absence of suspension or
revocation proceedings, the Division will accept and cancel it.
SECTION 5.
GENERAL RULES OF
OPERATION & COMPLIANCE
.
Rule 5.1.
Employee files - Each licensee shall maintain a record of its
licensed, credentialed, and/or commissioned employees. This record shall be
kept at the address of the licensee. The records shall contain the following
information:
(a) A complete application for
employment of the type that is submitted to the Division;
(b) One (1) classifiable set of finger
prints;
(c) One (1) passport-style
photograph taken within one (1) year of submitting a new application or of the
most recent renewal; and
(d)
Records of all certifications provided to the Division for registration.
These records must be maintained by the licensee for a period of
one (1) year after the date the employee was terminated.
Rule 5.2.
Personnel
transactions - Each licensee shall furnish the Division a list of
personnel transactions on a weekly basis. The list shall include all new
employees to be qualified under these Rules and their date of hire and all
terminated employees qualified under these Rules and the date of and reason for
their termination. If there are no personnel transactions in any given week,
the licensee is not required to send a list to the Division.
Rule 5.3.
Termination of manager
- If the manager of any licensee ceases to be the manager for any reason, the
licensee shall name a person responsible for the conduct of the company and
notify the Division of the changes in writing within fourteen (14) days from
the date of cessation of employment. The license shall remain in effect for
thirty (30) days from the date the Division receives the notification, during
which time the business of the licensee may continue pending the qualification
of another manager. The Division will notify the licensee in writing by
certified mail of the date on which the thirty (30) day period
expires.
Rule 5.4.
Termination of licensed or credentialed individual - When an individual
whose license or credential was the basis for qualification of a business
regulated by these Rules ceases to be connected with the business, the business
must notify the Division of the change in writing within fourteen (14) days of
cessation. The business may be carried on for thirty (30) days from the date of
cessation, during which time the business may associate a new, licensed or
credentialed individual for qualification or take the necessary action to wind
up the affairs of the business.
Rule
5.5.
Identification - All licensed, credentialed, or
commissioned individuals shall wear their pocket identification or credential
card in plain sight while performing any function described in A.C.A. §
17-40-102 and produce said card
upon request in such a manner that enables the requestor to identify the
licensee, credential holder, or commission holder.
Exception: This Rule does not apply to individuals possessing a
Class A or Class D license or a Credentialed Private Investigator, however, he
or she must produce his or her credential card or license upon request in such
a manner that enables the requestor to identify the licensee or credential
holder.
Any card holder who fails to comply with this provision shall be
brought to the Division to answer why their registration should not be
revoked.
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Rule
5.8.
Contract display - All contracts, bid sheets,
invoices, and/or bills given to a customer or client and/or any advertisements
authorized by a licensee shall contain the company name and license number. All
contracts, bid sheets, invoices, and/or bills given to a customer or client
shall contain, in a conspicuous place, the following statement:
Regulated by:
Division of Arkansas State Police
1 State Police Plaza Drive
Little Rock, Arkansas 72209
501-618-8600
Rule
5.9.
Company name - No officer, employee, partner, or
other person employed by a licensee may use any company name other than the
name approved by and registered with the Division.
Rule 5.10.
Audits - The Manager
is responsible for ensuring that copies of all training documents, including
graded applicants' exams, are maintained. The Manager is required to produce
copies of any training documents upon request by the Division.
SECTION 6.
DENIAL, SUSPENSIONS, REVOCATIONS, AND REPRIMANDS
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Rule
6.1.
Investigation - The Division shall have the
power to conduct an investigation, on its own initiative or as the result of a
complaint, to determine whether there exists sufficient proof that an
applicant, licensee, credential holder, or commission holder has violated these
rules or A.C.A. §§
17-39-101, et seq. or §§
17-40-101, et seq. In the course
of any such investigation, the Director may issue subpoenas to compel the
attendance of witnesses and the production of pertinent books, accounts,
records, and documents.
Rule 6.2.
Adverse action - Upon a determination by the Division that there
exists good cause to believe that the acts or omissions of an applicant,
licensee, credential holder, or commission holder constitute a violation of
these Rules or A.C.A. §§
17-39-101, et seq. or §§
17-40-101, et seq., the Division
may deny an application; revoke or suspend a license, credential, or
commission; levy fines; and/or reprimand a licensee, credential holder, or
commission holder.
Rule 6.3.
Notice to employees - The licensee or manager of a licensee shall
notify any employee of charges brought by the Division against the employee or
of a denial of license, credential, or commission or of any summons or subpoena
to appear before the Director within five (5) days of receipt of such
notification. In any case where charges are brought against the employee or of
a denial, the licensee, manager, or a designated representative (who holds a
supervisory position) shall appear with the employee before the
Director.
Rule 6.4.
Suspension for arrest or criminal charge - If the licensee,
credential holder, or commission holder is arrested or formally charged with a
crime that would disqualify him or her from having a license, credential, or
commission, he or she shall immediately notify the Division, and the Director
shall suspend a license until final disposition of the case. If the Division is
notified of such arrest or charges by any law enforcement agency or a court and
receives subsequent written verification, the Director shall suspend a license
until final disposition of the case. If the charges are dismissed (including a
dismissal by nolle prosequi) or the individual is found "not guilty," then the
license, credential, or commission will be returned unless it has expired. If
it has expired, then the individual may apply for renewal under these Rules
under A.C.A. §
17-39-210 or §
17-40-313.
Rule 6.5.
Suspension for non-payment of
child support - The Division is required by Arkansas law to suspend a
license, credential, or commission if so ordered by the Office of Child Support
Enforcement (OCSE). Once the Division receives official notification from OCSE
to release the suspension, then the license, credential, or commission will be
returned, unless it has expired. If it has expired, then the individual may
apply for renewal under these Rules under A.C.A. §
17-39-210 or §
17-40-313.
Rule 6.6.
Revocation - The
Director may revoke a license, credential, or commission if during the term of
the license, credential, or commission:
(a)
An individual becomes ineligible under the criteria set forth in state or
federal law or these Rules;
(b) The
Division receives notification from any law enforcement agency, court, or the
individual that a licensee, credential holder, or commission holder has been
found guilty or has pleaded guilty or "nolo contendere" to any crime.
The Director may issue instructions for possible reapplication
after revocation.
....
Rule
6.8.
Notice of denial, suspension, revocation, or
reprimand - When the Director denies an application or takes adverse
action for violations of these Rules or A.C.A. §§
17-39-101, et seq., or
§§
17-40-101, et seq., the Division
shall provide written notice to the applicant, licensee, credential holder, or
commission holder of the denial or adverse action. The notice shall include the
basis for the determination, the rules or laws violated, the action taken as a
result, and inform the applicant, licensee, credential holder, or commission
holder of his or her right to a hearing. The notice shall be sent by certified
mail, return receipt requested, to the individual's last known address.
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SECTION 7.
APPEALS
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Rule
7.7.
Burden of Proof - In any hearing held for the
purpose of affording an applicant the opportunity to contest a denial, the
burden of proof shall be on the applicant. In hearings held for the purpose of
revocation, suspension, assessment of fines, and/or reprimand of a licensee,
credential holder, or commission holder, the burden of proof shall be on the
Division or complainant.
....
SECTION 8.
APPROVED INSTITUTIONS OF
INSTRUCTION (IOI) AND TRAINING ADMINISTRATORS
Rule
8.0.
Approval - A school, college, university, or the
security department of a private business may become an approved Institution of
Instruction (IOI) to conduct the training required for certification as a
licensee, credential holder, or commission holder by these Rules.
(a) The IOI shall be required to register
with the Division.
(b) The IOI must
submit a course syllabus and be approved by the Division.
(c) Each approved IOI shall provide the
Division a list of its instructors and their qualifications (e.g. curriculum
vitae, resume, certifications, etc.).
(d) Each approved IOI shall provide the
Division a list of its enrolled students.
(e) Upon completion of the training, the IOI
will be required to issue the student a certificate of completion prepared in
accordance with Division requirements.
Rule 8.1.
Training Administrator (TA),
Assistant Training Administrator (ATA), and Training Instructors (TI) -
Before a Training Administrator, Assistant Training Administrator, or Training
Instructor begins instruction under these Rules he or she must receive a
credential through a specific company as its TA, ATA, or TI and be approved by
the Division. All approved IOIs shall be required to register a Training
Administrator and may register Assistant Training Administrators or Training
Instructors. To qualify as a TA, ATA, or TI, the individual must:
(a) Successfully complete the required
examination for the license, credential, or commission on which he or she is
instructing.
(b) Have his or her
background check successfully completed through state and federal background
check systems.
(c) If applying as a
TA, ATA, or TI for an approved IOI that also maintains a Class B, Class C, or
Class G license, the individual must meet the requirements for a
manager.
(d) A TA, ATA, or TI may
have his or her training credential suspended or revoked by the Division for a
violation of these Rules, A.C.A. §§
17-39-101, et seq., or A.C.A.
§§
17-40-101, et seq.
Rule 8.2.
Previously
approved Training Administrator, Assistant Training Administrator, or Training
Instructor - individuals approved as Training Administrators, Assistant
Training Administrators, or Training Instructors prior to the effective date of
these Rules who wish to continue conducting firearms training must obtain
required Firearms Trainer Certifications, as set forth below in Rule 10.7, by
September 1, 2016 in order for the firearms training to be valid and accepted
by the Division. If certification is not obtained, guest instructors must be
utilized.
....
Rule
8.4.
Company Registration of Trainers - a company
that provides training for its employees through the use of a TA or one (1) or
more ATAs or TIs is required to identify the trainers used and register those
trainers with the Division. Upon the initial registration, the company must
submit the trainer's information and fingerprints for a background check, which
must be successfully completed through state and federal background check
systems.
....
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 Division 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
8.8.
Current Certifications - If an IOI is certified
by an accrediting association or organization, it shall provide a copy of the
current certification to the Division. If the IOI is decertified by the
accrediting association or organization, the IOI must notify the Division in
writing within seven (7) days of decertification and list the reason(s) why it
was decertified.
Rule 8.9.
Ownership Changes - If the ownership of an IOI changes, it must notify
the Division in writing within seven (7) days of such changes and list the new
owner.
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SECTION
9.
ALARM SYSTEMS COMPANIES
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:
(a) Manager certification requirements - the
manager must have completed all of the courses from one of the following
organizations:
....
(iv) Elite
Continuing Education University (CEU)
(1)
Elite CEU Levil I;
(2) Advanced
Electronic Intrusion Technician (AEIT); and
(3) Fire Alarm Installation Techniques
(FAIT).
....
....
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:
(a) Manager
certification requirements -the manager must have completed all of the courses
from one of the following organizations:
....
(iv) Elite
Continuing Education University (CEU)
(1)
Elite CEU Level I;
(2) Advanced
Electronic Intrusion Technician (AEIT); and
(3) Fire Alarm Installation Techniques
(FAIT).
....
....
Rule 9.5.
Licensee and Credential
Holder Examination - An applicant for a license or credential under
this Section must demonstrate his or her qualifications by successfully
completing an examination covering A.C.A. §
17-40-101, et seq. and these
Rules.
(a) The Owner of a company is exempt
from an exam if they have a credentialed Manager.
(b) The applicant must take the examination
in person. If the applicant is a partnership or corporation, the manager and
any branch manager must take the examination.
(c) Scoring seventy percent (70%) or above on
the examination constitutes successful completion.
(d) If an applicant fails to successfully
complete the required examination he or she:
(i) Must wait five 5 working days to be
eligible to retake the test; and
(ii) Pay a re-examination fee of $50.00 if
the test is administered by the Division.
(e) Failure to successfully complete the
examination after two (2) attempts shall result in cancellation of the pending
application. Upon cancellation, the applicant must re-apply as a new applicant
and is subject to pay required application fees.
Rule 9.6.
Apprentices - an
individual may be employed as an alarm system apprentice for a period of six
(6) months without providing proof of NICET Level II, ESA Level I, NESA Level
I, or Elite CEU Level I certification to the Division. At the expiration of the
six (6) month period, the alarm system company must provide proof of
certification to the Division, or the individual must cease work as an
apprentice. All alarm system apprentices must work under the direct supervision
of an alarm system agent or technician.
....
SECTION
10.
SECURITY AGENCIES
....
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
Division:
....
....
Rule
10.14.
Refresher training form - once a CSO or CSSO
has completed annual refresher training, the Training Administrator or
Assistant Training Administrator shall immediately submit the annual refresher
training completion form to the Division.
Rule
10.15.
Previously authorized CSOs with a school security
department - An employee of a school security department who was
previously registered as a CSO and whose registration is due to be revoked on
September 11, 2015 will be converted to a CSSO for the remainder of his or her
two (2) year registration (now credential) period, on the following terms:
(a) Submit a formal request for conversion in
writing to the Division prior to September 11, 2015;
(b) In the first full year from the date of
the conversion, the CSSO must complete sixteen (16) hours of ALERRT Active
Shooter Training; and
(c) Prior to
renewal of the CSSO credential, the credential holder must complete the
required twenty-four (24) hours of renewal training described in Rule 10.12,
above.
(d) The 16 hours of ALERRT
Active Shooter Training may count toward the minimum hours of ALERRT Active
Shooter Training required to be completed in annual refresher
training.
Rule 10.16.
PSO, CSO, and CSSO examination - An applicant for a credential or
commission under this Section must demonstrate his or her qualifications by
successfully completing an examination developed and administered by a Training
Administrator or Assistant Training Administrator covering A.C.A. §
17-40-101, et seq. and these
Rules.
....
(d) If an applicant
fails to successfully complete the required examination he or she:
(i) Must wait five 5 working days to be
eligible to retake the test; and
(ii) Pay a re-examination fee of $50.00 if
the test is administered by the Division.
....
....
Rule 10.19.
Discharge of firearm
- When a licensee, credential holder, or commission holder is involved in any
incident where a firearm is discharged, he or she shall submit a written report
to his or her employer detailing the incident. The report shall be submitted to
their employer within 12 hours of the incident and shall be prepared on a form
provided by the Division. The licensee, credential holder, commission holder,
or his or her manager shall submit a copy of the report to the Division within
48 hours of the incident.
Rule
10.20.
Equipment - When an employee of a licensee
under this Section fails to return any issued equipment to their employer upon
said employer's request, the employee shall not be eligible to transfer his or
her credential. The employee may only transfer after the prior employer
certifies to the Division that all equipment has been returned.
....
SECTION
11.
PRIVATE INVESTIGATION COMPANIES AND INDIVIDUALS
....
Rule
11.2.
Private Investigator Examination - an applicant
for a Private Investigator or a Private Investigations Company license under
this Section must demonstrate his or her qualifications by successfully
completing an examination.
....
(d) If an applicant
fails to successfully complete the required examination he or she:
(i) Must wait five 5 working days to be
eligible to retake the test; and
(ii) Pay a re-examination fee of $50.00 if
the test is administered by the Division.
...
....
Rule 11.9.
Temporary License -
any person who holds a valid license or credential as a private investigator
issued by another state may operate in this state for up to ten (10) calendar
days without being issued a credential under these Rules or Arkansas law. An
out of state investigator seeking authorization under this rule must notify
this Division in writing upon the commencement of an investigation.
....
SECTION
12.
POLYGRAPH EXAMINERS
....
Rule
12.4.
Unauthorized reproduction - Polygraph examiner
licenses issued by the Division shall not be reproduced or copied.