RULE 055.00.98-001 - Changes and Additions in Board Rules and Regulations

RULE 055.00.98-001. Changes and Additions in Board Rules and Regulations

(CHANGE)

RULE 2.4 An applicant for a Class "E" or Class "F" license under the provisions of this chapter and its rules and regulations, if the applicant is an individual, the manager and any branch manager if the applicant is a partnership or corporation, must demonstrate his qualifications by successfully completing an examination of the following:

Arkansas Code 17-40-101 et seq. and the rules and regulations promulgated by the Board.

Successful completion of the examination shall consist of making a minimum score of seventy percent (70%). If any individual fails to successfully complete the required examination, they shall not be allowed to retake the required examination until a period of five (5) working days have elapsed and pay the reexamination fee which shall be in the amount of fifty dollars ($50.00). Failure to pass after two (2) examinations have been administered shall result in the denial of the application in accordance with Arkansas Code 17-40-350(a)(5).

The licensee applicant or his manager applicant of a Class "E" or Class "F" license shall show proof of NBFAA Level 2 certification or Board approved equivalent. Current licensee or his manager shall have two (2) years from June 1, 1998 to obtain the aforementioned certification.

(CHANGE)

RULE 2.6 Each alarm systems company shall maintain the following records at its principal place of business in this state about its employees who are required to be registered with the Board:

(1) A copy of the application that is submitted to the Board for registration.

(2) One (1) classifiable set of fingerprints.

(3) One (1) photograph (bust preferred).

(4) Records of certification provided to the Board for registration.

The Board shall devise an information form regarding the provisions of this chapter and its rules and regulations, that each employee must complete. This form shall be maintained under the provisions of this rule with regards to paragraph 2.6(D).

An applicant for an alarm system agent registration who will service or install alarms as described in A.C.A. 17-40-102(6) shall show proof of NBFAA Level 1 Certification or Board approved equivalent within 1 (one) year of employment. Currently registered alarm agents who install or service alarms as stated above shall have two (2) years from June 1,1998 comply.

(NEW RULE)

RULE 2.11 Alarm technicians, alarm agents, supervisor of technicians and alarm apprentices shall wear in plain sight their pocket identification card issued by the Board while performing any function listed 17-40-102(6).

(NEW RULE)

RULE 2.12 All alarm system installation or service vehicles shall display the company name and alarm system license number on both sides of each vehicle. The license number shall begin with "AR. Lie. #". The aforementioned display shall be no less than three (3") inches in height and shall be of contrasting color from the vehicle color and be clearly visible.

(NEW RULE)

RULE 2.13 All contracts, bid sheets, invoices or bills given to a customer or any advertisement authorized by a licensed alarm systems company shall contain the alarm system company license number. All contracts, bid sheets, invoices or bills given to a customer shall contain, in a conspicuous place, the following phrase:

Regulated by: Arkansas Board of Private Investigators and Private Security Agencies

#1 State Police Plaza Drive

Little Rock, Ar. 72209

(501)618-8600

All alarm system company licensees shall have 365 days from June 1, 1998 to comply with this rule. This rule does not apply to contracts existing on June 1, 1998.

(NEW RULE)

RULE 2.14 No officer, employee, partner or other person employed by a licensee may use a company name other than the name approved by and registered with the Arkansas Board of Private Investigators and Private Security Agencies.

(NEW RULE)

RULE 2.15 All Class "F" and Class "E" companies shall maintain an office in this State and if not exempt, as provided under Arkansas Code Annotated 17-40-314, register a manager. The manager must be in a supervisory position with the company on a daily basis and reside in the State. Affected licensed companies shall have 90 days from June 1, 1998 to comply.

(NEW RULE)

RULE 2.17 Vehicles operated by licensees or their employees are not emergency vehicles. They shall not display flashing or rotating lights on any public road, street, highway or property, and the drivers must obey all traffic and other laws in responding to an alarm or in performing other duties authorized pursuant to A.C.A. 17-40-101 et seq.

(NEW RULE)

RULE 2.35 The licensee or the manager of a licensee shall notify, within 5 (five) days of receipt of notification, any employee required to be registered under this chapter of any charges brought by the Board against said employee or of any denial of registration or renewal, and any summons or subpoena to appear before the Board. The licensee, manager of a licensee or his designated representative (who shall be in a supervisory position) shall appear with the employee before the Board in cases where charges are brought or of denial of registration.

(CHANGE)

Rule 2.9 If the manager of any alarm systems company ceases to be the manager for any reason whatsoever, the licensee shall name a person responsible for the conduct of the company and notify the Board in writing within fourteen (14) days from the date of cessation. The Board will then notify the licensee by certified mail that the license of the alarm systems company shall remain in effect for a period not to exceed thirty (30) days, within which time the company must qualify a new manager. If the licensee fails to notify the Board within fourteen (14) days of cessation of the manager or fails to name a person responsible for the conduct of the company within fourteen (14) days or to qualify a manager within the thirty (30) day period, the licensee shall be subject to penalties as outlined in Arkansas Code Annotated17-40-350(A) and 17-40-314.

(CHANGE)

RULE 3.3 (B) If the manager of any Class "B", Class "C" or Class "G" company ceases to be the manager for any reason whatsoever, the licensee shall name a person responsible for the conduct of the company and notify the Board in writing within fourteen (14) days from the date of cessation. The Board will then notify the licensee by certified mail that the license of the Class "B", Class "C'\ or Class "G" company shall remain in effect for a period not to exceed thirty (30) days, within which time the company must qualify a new manager. If the Class "B", Class "C" or Class "G" company fails notify the Board within fourteen (14) days-of cessation of the manager or fails to name a person responsible for the conduct of the company within fourteen (14) days or to qualify a manager within the thirty (30) day period, the licensee shall be subject to penalties as outlined in Arkansas Code Annotated 17-40-350(A) and 17-40-314.

(CHANGE)

RULE 3.6 All Class "B". Class "C" and Class "G" companies shall maintain as office in this State and if not exempt, as provided under Arkansas Code Annotated 17-40-314, register a manager. The manager must be in a supervisory position with the company on a daily basis and reside in this State. Affected licensed companies shall have 90 days from June 1, 1998 to comply.

(CHANGE)

RULE 3.7 Each Class "B". Class "C" and Class "G" company shall maintain the following records at its principal place of business in this state about its employees who are required to be registered with the Board:

(1) A copy of the application that is submitted to the Board for registration.

(2) One (1) classifiable set of fingerprints.

(3) One (1) photograph (bust preferred).

(4) Records of initial training and any subsequent training.

If the company is licensed under the provisions of this chapter and its rules and regulations as a Class "G" licensee, they must also maintain the records as outlined in Rule 2.6 with relation to employees who are registered as Alarm Agents. Alarm Technicians, Supervisor of Technicians, Alarm Apprentices and Managers.

(CHANGE)

RULE 3.12 A person to whom a registration card has been issued by the Board shall wear the card in plain sight while performing any function listed in Arkansas Code Annotated 17-40-102(4)and 17-40-102(6) and present the card upon request to any individual in such a manner that enables the individual to identify the licensee or registrant. This rule does not apply to registrant private investigators.

(DELETE)

RULE 3.15 Subsection (A)

(NEW RULE)

RULE 3.19 No officer, employee, partner or other person employed by a licensee may use a company name other than the name approved by and registered with the Board.

(NEW RULE)

RULE 3.20 The licensee or the manager of a licensee shall notify, within 5 (five) days of receipt of notification, any employee required to be registered under this chapter of any charges brought by the Board against said employee or of any denial of registration or renewal, and any summons or subpoena to appear before the Board. The licensee, manager of a licensee or his designated representative (who shall be in a supervisory position) shall appear with the employee before the Board in cases where charges are brought or of denial of registration.

(NEW RULE)

RULE 3.21 Except in cases of 'Shoplifting" as defined in Arkansas Code Annotated 5-36-116(a), no employee of a licensee may arrest, detain or otherwise take any action that a private citizen may not take.

(NEW RULE)

RULE 3.22 Vehicles operated by licensees or their employees are not emergency vehicles. They shall not display flashing or rotating lights on any public road, street, highway or property, and the drivers must obey all traffic and other laws in responding to an alarm or in performing other duties authorized pursuant to A.C.A. 17-40-101 et seq.

(CHANGE)

RULE 4.4 If the manager of any Class "A" company ceases to be the manager for any reason whatsoever, the licensee shall name a person responsible for the conduct of the company and shall notify the Board in writing within fourteen (14) days from the date of cessation. The Board will then notify the licensee by certified mail that the license of the Class "A" company shall remain in effect for a period not to exceed thirty (30) days, within which time the company must qualify a new manager. If the Class "A" company fails to notify the Board within fourteen (14) days or fails to name a person responsible for the conduct of the company within fourteen (14) days or to qualify another manager within the thirty (30) day period, the licensee shall be subject to penalties as outlined in Arkansas Code Annotated 17-40-350(A) and 17-40-314.

(CHANGE)

RULE 4.6 All Class 'A/' companies except those licensed in states that reciprocate with this state shall maintain an office in the State of Arkansas, and if not exempt, as provided under Arkansas Code Annotated 17-40-314, register a manager. The manager must be in a supervisory position of the company on a daily basis and reside in this State. The provisions of this rule do not apply to the holders of a Class "D" license. Affected licensed companies shall have 90 days from June 1,1998 to comply.

(CHANGE)

RULE 4.10 When an individual who is employed by a Class "A" company as a registrant private investigator renews their registration card, they shall return their expired card to the licensee who shall make it a part of the records as outlined in Rule 4.7.

(CHANGE)

RULE 4.17 All licensees shall furnish to the client for whom information was obtained, when requested, a complete and comprehensive itemized statement for services. The itemized statement shall include but is not limited to a complete description of services rendered, hours worked and expenses incurred and if a Class "A" company, number of registrant private investigators and hours each worked.

(NEW RULE)

RULE 4.18 No Class "D" licensee shall express or imply in any communication, whether oral or written, or in any advertisement in any medium to the term(s) "Associates", "Association", "Consultants", or similar term connoting an association, partnership, affiliation or alliance with any other individual, company or entity or that he is anything other than an individual.

(NEW RULE)

RULE 4.19 No officer, employee, partner or other person employed by a licensee may use a company name other than the name approved by and registered with the Board.

(NEW RULE)

RULE 4.20 The licensee or the manager of a licensee shall notify, with in 5 (five) days of receipt of notification, any employee required to be registered under this chapter of any charges brought by the Board against said employee or of any denial of registration or renewal, and any summons or subpoena to appear before the Board. The licensee, manager of a licensee or his designated representative (who shall be in a supervisory position) shall appear with the employee before the Board in cases where charges are brought or of denial of registration.

(NEW RULE)

RULE 4.21 Unless and investigator/client agreement exists on the effective date of this rule any private investigator who accepts employment from an individual to perform any function listed in A.C.A. 17-40-102(3) must execute a written contract with the client. Said contract shall state the purpose of the investigation or employment, the fee to be charged, how the fee is computed and how the fee is to be paid. If a retainer is required, the contract shall state what services the retainer will cover. The contract is to be signed by the investigator and the client. Any additional services added by either party shall be in writing, added to the contract and signed by both parties. The contract shall contain the following phrase in a conspicuous place: Regulated by the Arkansas Board of Private Investigators and Private Security Agencies, #1 State Police Plaza Drive, Little Rock, AR. 72209, (501) 618-8600.

(CHANGE)

RULE 5.1 An approved school of instruction as outlined under Rules 3.5 and 4.5 shall be required to register with the Board as a "Private Business" (the security department of a private business) and register each student with the Board-in accordance with ACA 17-40-325 and 17-40-103(B), except said registration may not include the required training if such training is included in the school course of instruction.

(CHANGE)

RULE 5.3 All approved schools shall furnish a list of their instructors and credentials of all instructors who teach any portion of the school with regards to security and investigation to the Board for their approval, which shall be made a permanent record of their files maintained by the Board.

(CHANGE)

RULE 5.7 If the training administrator ceases to be employed with an approved school for any reason whatsoever, the school shall notify the Board in writing within seven (7) days. The business of the school shall be carried on for a period of no more than thirty (30) days after the date the training administrator terminated, pending the qualification of a new training administrator. If the school fails to have an approved training administrator after the thirty (30) day period, they shall be subject to decertification by the Administrator of the Board.

(CHANGE)

RULE 5.9 If the ownership of any school changes, the school must notify the Board in writing within seven (7) days, by certified mail, of such changes, listing the new owner(s) and, upon demand, supply to the Board any information which it requests with reference to the change.

(CHANGE)

RULE 5.10 If any school violates any provision of this chapter and its rules and regulations they shall be subject to disciplinary action by the Board as outlined in Arkansas Code Annotated 17-40-350.

(9/1/1998)

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