SECTION 2. APPLICATION Flashcards
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.
Rule 2.1. Application design
The application shall be of such size and design so as to
include necessary and relevant information required by current Arkansas laws. The Director has
the authority to design and revise the initial, renewal, transfer, or replacement application forms
as he or she deems necessary.
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:
(a) The completed application form;
(b) Non-refundable application fee in the amount prescribed by A.C.A. § 17-39-207, §
17-39-305, or §17-40-302;
A.C.A. § 17-39-207
Polygraph examiner fee $120 2 years
A.C.A. §17-39-305
Voice Stress Analysis fee- $120
A.C.A. §17-40-302
(a) The Director of the Division of Arkansas State Police may assess fees under this chapter as follows:
(1) For an initial application:
(A) Alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential $40.00;
(B) Class A license $600;
(C) Class B license $600;
(D) Class C license $850;
(E) Class D license $300;
(F) Class E-M license $600;
(G) Class E Restricted license $600;
(H) Class E-S license $600;
(I) Class E Unrestricted license $600;
(J) Class G license $1,200;
(K) Security guard credential $40.00; and
(L) Credentialed private investigator $450;
(2) For a renewal application:
(A) Alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential $40.00;
(B) Class A license $300;
(C) Class B license $300;
(D) Class C license $500;
(E) Class D license $150;
(F) Class E-M license $300;
(G) Class E Restricted license $300;
(H) Class E-S license $300;
(I) Class E Unrestricted license $300;
(J) Class G license $600;
(K) Security guard credential $40.00; and
(L) Credentialed private investigator $150; and
(3) For the following:
(A) Replacement credential or commission photo identification card $5.00;
(B) Duplicate wall-mounted license $10.00;
(C) Late renewal fee for a:
(i) Class A license $150;
(ii) Class B license $150;
(iii) Class C license $250;
(iv) Class D license $75.00;
(v) Class E license, any version $150; and
(vi) Class G license $300; and
(D) Transfer fee for:
(i) A credentialed private investigator $75.00; and
(ii) An alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential $20.00.
(b) Applicable state and national criminal background check fees are as set under the Arkansas State Criminal Records Act, § 12-12-1501 et seq., or by the Federal Bureau of Investigation.
(c) All fees under this section are nonrefundable.
§ 17-40-306 (a)
(a) A person applying for a license or credential other than that for a commissioned security officer or commissioned school security officer shall:
(1) Be at least eighteen (18) years of age at the time of application; (2) Not be suffering from habitual drunkenness or from narcotics addiction or dependence; (3) Not have been discharged from the United States Armed Forces under dishonorable conditions; (4) Be in compliance with any other reasonable qualifications that the Director of the Division of Arkansas State Police may set by rule; (5) Not have been adjudicated as mentally incompetent or have been involuntarily committed to a mental institution or mental health treatment facility; and (6) Not be a registered sex offender or be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.
§ 17-40-306 (b)
(b) An applicant who applies for a license to engage in the business of an investigations company or his or her manager shall have:
(1) Two (2) consecutive years' experience before the date of the application in the investigative field as an agent, employee, manager, or owner of an investigations company; (2) Two (2) years' experience as a licensed bail bondsman and a baccalaureate degree from a four-year institution of higher education; or (3) Satisfied other requirements as may be set by the director.
§ 17-40-306 (c)
(c) An applicant who makes application to engage in the business of a security services contractor, private business, or his or her manager shall:
(1) Have two (2) consecutive years' experience before the date of application in the security services field as an agent, employee, manager, or owner of a security services contractor company; or (2) Satisfy other requirements as may be set by the director.
§ 17-40-306 (d)
(d)
(1) Except as provided in subdivision (d)(2) of this section, the director shall not issue a license or credential nor renew an existing license or credential of a person who has been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or to a comparable offense in another state or in a military or federal court for which a pardon has not been granted:
(A) A felony;
(B) A Class A misdemeanor involving theft, sexual offenses, violence, an element of dishonesty, or a crime against a person as determined by the Division of Arkansas State Police under subsection (e) of this section; or
(C) An attempted felony or solicitation or conspiracy to commit a felony that is classified as a Class A misdemeanor.
(2) An individual shall not be denied issuance of a license or credential or renewal of an existing license or credential if the individual by any court has been found guilty of or pleaded guilty or nolo contendere to any misdemeanor if the person was found guilty of or pleaded guilty or nolo contendere to the misdemeanor ten (10) or more years before the date of the application for issuance or renewal.
(3) For purposes of this subsection, the state and national criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court.
§ 17-40-306 (e)
(e) The Department of Arkansas State Police or the Division of Arkansas State Police shall promulgate rules within ninety (90) days of May 23, 2016, that determine the offenses under subdivision (d)(1)(B) of this section that constitute a Class A misdemeanor involving theft, sexual offenses, violence, an element of dishonesty, or a crime against a person.
§ 17-40-337 (a)
(a) A commission as a commissioned security officer or a commissioned school security officer shall not be issued under this chapter to an individual who:
(1) Is under twenty-one (21) years of age;
(2) Has been found guilty of or who has pleaded guilty or nolo contendere to any of the following offenses, whether or not those offenses have been sealed or expunged:
(A) An offense listed under § 17-40-306(d);
(B) A crime involving the use of a firearm; or
(C) A crime involving the use of alcohol while in possession of a firearm;
(3) Has committed an act that would be grounds for suspension or revocation under this chapter;
(4) Does not meet the qualifications for a commission as determined by the Director of the Division of Arkansas State Police;
(5) May not lawfully possess a firearm;
(6)
(A) Has not successfully completed a state and national criminal background check to be conducted by the Division of Arkansas State Police and the Federal Bureau of Investigation.
(B) Criminal history records from the Arkansas Crime Information Center shall be available to the director for review of the applicant's qualifications.
(C) The state and national criminal background check shall conform to applicable federal standards and shall include the taking of fingerprints.
(D) The individual applicant shall sign a release of information to the director and shall make payment of any fee associated with the state and national criminal background check;
(7) Has been adjudicated as mentally incompetent or has been involuntarily committed to a mental institution or mental health treatment facility;
(8) Is a registered sex offender or required to be registered as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;
(9) Is suffering from habitual drunkenness or from narcotics addiction or dependence;
(10) Has been discharged from the United States Armed Forces under dishonorable conditions; or
(11) Is not in compliance with any other reasonable qualification that the director may set by rule.
§ 17-40-337 (b)
(b) The director shall not issue a commission as a commissioned security officer or as a commissioned school security officer to an applicant employed by a licensee or the security department of a private business or school unless the applicant submits evidence satisfactory to the director that he or she meets all qualifications established by this chapter and by the rules of the director.
