Arkansas Administrative Code
Agency 157 - Arkansas Towing and Recovery Board
Rule 157.00.08-001 - Rule 1-11: Towing and Recovery Board rules
Current through Register Vol. 49, No. 9, September, 2024
RULE 1: DEFINITIONS
For purposes of these Regulations promulgated by the Arkansas Towing & Recovery Board pursuant to Act 899 of 1989 and/or Acts 1000 of 1993 and 250, 381, 392 and 841 of 1997, the same being Arkansas Code Annotated 27-50-1201 et seq., as now or hereafter amended, the following definitions, unless the text otherwise requires, shall apply:
RULE 2: EXEMPTIONS
The Rules and Regulations promulgated pursuant to Arkansas Act 1000 of 1993 as amended by Acts 250, 381, 392 and 841 of 1997, the same being Arkansas Code Annotated 27-50-1201 et seq., as now or hereafter amended, shall not apply to the following:
RULE 3: GENERAL ORGANIZATION OF THE BOARD
RULE 4: POWERS OF THE BOARD
RULE 5: HEARING PROVISIONS
issued in error, or that accounting records and/or bank statement reflects proper amount of license and/or permit fees was not received, the Director shall have authority to summarily suspend or revoke said license and/or permit. In such circumstance, or in the event of suspension of any licensee or permit pursuant to Rule 9.4 of these regulations, as now or hereafter amended, the licensee or tow vehicle safety permit holder shall be notified in writing via certified mail of his right to a hearing before the Board. If the licensee or permit holder fails to submit a request in writing for a hearing before the Board within the fifteen (15) days prescribed in Rule 5.3, said suspension or revocation shall become final. Upon decision to hold formal hearing to consider suspension or revocation of any license or tow vehicle safety permit issued by the Board pursuant to A.C.A. 27-50-1101 and 27-50-1201 et seq., as now or hereafter amended, or the Rules and Regulations promulgated pursuant thereto, the Board shall notify the licensee or tow vehicle safety permit holder of his right to such hearing before the Board.
RULE 6: LICENSE AND TOW VEHICLE SAFETY PERMIT REQUIREMENTS
RULE 7: EQUIPMENT REQUIREMENTS
Light Duty: 9,000 - 15,000 pounds GVWR.
Medium Duty: 15,001 - 33,000 pounds GVWR.
Heavy Duty: 33,001 pounds and over GVWR. Provided, it is recommended that the owner or operator of any Light Duty, Medium Duty, or Heavy Duty tow vehicle, observe applicable gross vehicle weight ratings (GVWR) when transporting or attempting to transport, vehicles on public roadways of the State of Arkansas.
RULE 8: FEES
RULE 9: INSURANCE REQUIREMENTS
RULE 10: CHARGES FOR NOTIFICATIONS
RULE 11: Excessive Pricing Regulatory Factors
The Arkansas Towing and Recovery Board may consider the following factors in determining if the pricing is excessive or unnecessary under A.C.A § 27-50-1203(e)(1)(C), and (D).
HISTORYof theRULES AND REGULATIONS
ADOPTED BY THE ARKANSAS TOWING & RECOVERY BOARD Pursuant to Arkansas Code Annotated 27-50-1201 et seq.
NUMBER ONE: April 14, 1993 Adopted by the "Board" pursuant to Acts 899 of 1989 and 1000 of 1993.
September 16, 1993 Legal Notice published in Arkansas Democrat.
October 02, 1993 Public Hearing held in Room 149 of the State Capitol Building.
October 07, 1993 Reviewed (and accepted) by the Administrative Rules and Regulations Subcommittee of the Legislative Council.
July 1 1994 Effective
NUMBER TWO: December 03, 1998 Adopted by the "Board"* pursuant to Acts 899 of 1989, 1000 of 1993 and 250, 381, 392 and 841 of 1997.
December 30, 1998 Legal Notice published in Arkansas Democrat.
December 31, 1998 Filed with Bureau of Legislative Research.
January 30, 1999 Public Hearing held in Room 149 of the State Capitol Building.
February 02, 1999 "Final" copy filed with Bureau of Legislative Research.
May 13, 1999 Reviewed (and accepted) by Administrative Rules and Regulations Subcommittee of the Legislative Council.
July 01, 1999 Effective Date.
NUMBER THREE: July 28, 1999 Change Adopted by the "Board"* pursuant to Acts 899 of 1989, 1000 of 1993 and 250, 381, 392, and 841 of 1997.
July 30, 1999 Legal Notice published in Arkansas Democrat/Gazette.
October 13, 1999 "Final" copy filed with the Bureau of Legislative Research.
November 01, 1999 Effective Date.
NUMBER FOUR: October 12 2001 Change Adopted by the "Board"* pursuant to Acts 899 of 1989; 1000 of 1993; 250,381.392. and 841 of 1997; and 1830 of 2001. under an emergency clause.
October 12, 2001 Effective Date under the emergency clause.
October 14, 2001 Legal Notice published in Arkansas Democrat/Gazette
October 31, 2001 Filed with Bureau of Legislative Research.
November 15, 2001 Public Hearing held in 2nd Floor Conference Room of the Attorney General's Office, Tower Building.
November 21, 2001 "Final" copy filed with the Bureau of Legislative Research.
December 06, 2001 Reviewed and Accepted by the Administrative Rules and Regulations Subcommittee.
December 16, 2001 Effective Date under the Administrative Procedures Act.
NUMBER FIVE: April 17, 2002 Change adopted by the "Board" * pursuant to Acts 899 of 1989; 1000 of 1993; 250, 381, 329, 841 of 1997; and 1830 of 2001, under the emergency clause.
April 24, 2002 Legal Notice published in Arkansas Democrat/Gazette
April 22, 2002 File with Bureau of Legislative Research.
May 01, 2002 Effective Date under the emergency clause.
May 22, 2002 Public Hearing held in 2nd Floor Conference Room of the Attorney General's Office, Tower Building.
May 24, 2002 "Final" copy filed with the Bureau of Legislative Research. June 06, 2002 Reviewed by the Administrative Rules and Regulations Subcommittee.
June 16, 2002 Effective Date under Administrative Procedures Act.
NUMBER SIX:June 27, 2006 Change adopted by the "Board" * pursuant to Act 899 of 1989; 1000 of 1993; 250, 381, 329, 841 of 1997; 1830 of 2001; and 1807, 1878, 2189, 2211 of 2005.
June 28, 2006 Rule Notice, Financial Impact and Proposed changes filed in electronic format filed with the Arkansas Register
June 29, 2006 Proposed changes filed with the Bureau of Legislative Research.
July 1, 2006 Legal Notice published in the Arkansas Democrat/Gazette.
July 1, 2006 Effective Date under the emergency clause.
August 30, 2006 Public Hearing held in 2nd Floor Conference Room of the Attorney General's Office, Towing Building.
September 5, 2006 "Final" copy filed with the Bureau of Legislative Research.
September 6, 2006 Reviewed by the Administrative Rules and Regulations Subcommittee.
September 15, 2006 Effective date under the Administrative Procedures Act.
NUMBER SEVEN:
December 04, 2007 Change adopted by the "Board" * pursuant to Act 899 of 1989; 1000 of 1993; 250, 381, 329, 841 of 1997; 1830 of 2001; and 1807, 1878, 2189, 2211 of 2005, 100, 506, 607, 626, 861, 1053, of 2007.
December 05, 2007 Rule Notice, Financial Impact and Proposed changes filed in electronic format filed with the Arkansas Register
December 10, 2007 Financial Impact and Proposed changes filed with the Bureau of Legislative Research.
December 14-16, 2007 Legal Notice published in the Arkansas Democrat/Gazette.
January 01, 2008 Effective Date under the emergency clause.
January 22, 2008 Public Hearing held in 2nd Floor Conference Room of the Attorney General's Office, Towing Building.
March 10, 2008 "Final" copy filed with the Bureau of Legislative Research.
March 20, 2008 Reviewed by the Administrative Rules and Regulations Subcommittee.
April 04, 2008 Effective date under the Administrative Procedures Act.
*Membership and staff:
Glenna Butler, Chairperson and Insurance Industry Representative At Large (North Little Rock)
Wayne Edwards, Vice Chairperson and Zone 4 NC Operator Representative (Lake Village)
Mary Thoma, Zone 3 NC Operator Representative (Westfork)
Avon Phillips, Junior, Zone 2 NC Operator Representative (North Little Rock)
Charles "Tad" Bokker, Jr. Zone 1 NC Operator Representative (Forrest City)
E. L. Jacobs, Consent Only Representative At Large (Paris)Ronnie Walker, Consent Only Representative At Large (Hot Springs)
Darrell Hays, Citizen Representative At Large (Batesville)
Arlon Hickman, Treasurer and Citizen Representative At Large (Harrison)
Cynthia Lauen, Director (Searcy)
April Staggs, Clerical Assistant (Searcy)
Gary Ashcraft, Investigator (Hot Springs)