Private Investigators and Private Security Agencies

Ark. Code Ann. tit. 17, ch. 40

in effect

Ark. Code Ann. § 17-40-101 Title.

This chapter may be cited as the “Private Security Agency, Private Investigator, and School Security Licensing and Credentialing Act”.

Ark. Code Ann. § 17-40-102 Definitions.

As used in this chapter: (1) “Alarm systems agent” means an individual employed by an alarm systems company who sells on site, performs a survey of the premises to be protected, or responds to alarm signal devices, burglar alarms, or cameras; (2) “Alarm systems apprentice” means an individual employed by an alarm systems company who installs, services, or repairs on site and who is supervised by an alarm systems technician, a supervisor of technicians, or a manager; (3) “Alarm systems company” means a person, firm, association, or corporation that for a fee or other valuable consideration installs, services, sells on site, performs a survey of the premises to be protected, monitors, or responds to electrical, electronic, or mechanical alarm signal devices, burglar alarms, television cameras, or still cameras used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity; (4) “Alarm systems monitor” means an individual employed by an alarm systems company who monitors or responds to an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity; (5) “Alarm systems technician” means an individual employed by an alarm systems company who installs, services, or repairs on site an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity; (6) “Arkansas Fire Prevention Code” means the International Fire Code, the International Building Code, and the International Residential Code for One- and Two-Family Dwellings as published by the International Code Council, and the rules as amended and adopted by the State Fire Marshal; (7) “Armored car company” means a person that provides armed security transportation and protection of money, currency, coins, bullion, securities, bonds, jewelry, or other valuables from one place or point to another place or point; (8)(A) “Assistant training administrator” means a person employed by a licensed company who may assist the training administrator with conducting the training of security personnel. (B) The assistant training administrator shall certify to the Director of the Division of Arkansas State Police that the required training has been completed; (9) “Burglar alarm” means a system designed to detect intrusion or unauthorized entry into a building, premises, or area; (10) “Commissioned school security officer” means a private security officer who: (A) Provides security for the school; and (B) Has received an authorization issued by the director to carry a firearm in the course of his or her employment; (11) “Commissioned security officer” means a private security officer to whom an authorization to carry a firearm in the course of his or her employment has been issued by the director; (12) “Consumer reporting agency” means a person that employs an individual who, for a monetary fee, dues, or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports; (13) “Convicted” means that a person pleaded guilty or nolo contendere to or was found guilty of a criminal offense, including a conviction that has been sealed or expunged; (14) “Credential” means an authorization granted by the Division of Arkansas State Police to an individual to perform the duties of a private investigator, alarm systems monitor, alarm systems apprentice, alarm systems technician, alarms systems agent, private security officer, commissioned security officer, commissioned school security officer, assistant training administrator, training administrator, training instructor, manager, or branch office manager; (15) “ESA” means the Electronic Security Association; (16)(A) “Firearm” means a device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use. (B) “Firearm” includes: (i) A device described in subdivision (16)(A) of this section that is not loaded or lacks a clip or another component to render it immediately operable; and (ii) Components that can readily be assembled into a device described in subdivision (16)(A) of this section; (17) “Guard company” means a person engaging in the business of providing or undertaking to provide services on a contractual basis for another person and performing one (1) or more of the following or similar functions: (A) Prevention of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property; (B) Prevention, observation, or detection of any unauthorized activity on private property; (C) Control, regulation, or direction of the flow or movements of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to assure the protection of property; or (D) Protection of individuals from bodily harm; (18)(A) “Investigations company” means a person or entity that engages in the business or accepts employment to obtain or furnish information with reference to: (i) Crime or wrongs done or threatened against the United States or any state or territory of the United States; (ii) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person; (iii) The location, disposition, or recovery of lost or stolen property; (iv) The cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to property; or (v) The securing of evidence to be used before any court, board, officer, or investigating committee. (B)(i) A Class A investigations company may employ one (1) or more credentialed individuals. (ii) A Class D investigations company may not employ more than one (1) credentialed individual; (19) “License” means a permit granted by the director entitling a person to operate as a security services contractor, an investigations company, or an alarm systems company; (20) “Licensee” means a person to whom a license is granted under this chapter; (21) “Manager” means, in the case of a corporation, an officer or supervisor or, in the case of a partnership, a general or unlimited partner meeting the experience qualifications for managing a security services contractor, private business, or an investigations company; (22) “Monitoring” means to observe, watch, surveil, and make appropriate response to an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity; (23) “NBFAA” means the National Burglar and Fire Alarm Association; (24) “NFPA” means the National Fire Protection Association; (25) “NICET” means the National Institute for Certification in Engineering Technologies; (26) “Person” means an individual, firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity; (27) “Private investigator” means a person who engages in the business or accepts employment to obtain or furnish information with reference to: (A) A crime or wrong done or threatened against the United States or any state or territory of the United States; (B) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person; (C) The location, disposition, or recovery of lost or stolen property; (D) The cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to property; or (E) The securing of evidence to be used before a court, board, officer, or investigating committee; (28) “Private school” means the property, grounds, or students of a private school for grades prekindergarten through twelve (preK-12), including a daycare program operated by the school; (29) “Private security officer” means an individual employed by a security services contractor or the security department of a private business or armored car company to perform at least one (1) of the following duties: (A) Prevention of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property; (B) Prevention, observation, or detection of any unauthorized activity on private property; (C) Control, regulation, or direction of the flow or movements of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to assure the protection of property; (D) Protection of individuals from bodily harm; or (E) Providing of armed security transportation and protection of money, currency, coins, bullion, securities, bonds, jewelry, or other valuable items from one place to another place; (30) “Public charter school” means a conversion public charter school, an open-enrollment public charter school, or a limited public charter school; (31) “School” means a school district, public charter school, or private school, including any daycare program operated by the school; (32) “School district” means the property, grounds, or students of a school for grades prekindergarten through twelve (preK-12), including any daycare program operated by the school; (33) “Security department of a private business or school” means the security department of a person or school if the general purpose of the security department is the protection and security of its own property, grounds, or students and if it does not offer or provide security services to any other person or school; (34) “Security services contractor” means a guard company or armored car company; (35) “Single-station alarm systems company” means a person that for a fee or other valuable consideration installs, services, or sells on site fire, smoke, or heat detectors to be installed in a one-family or two-family dwelling or that performs a survey of the premises to be protected if the detectors are single-station installations and not a part of or connected to any other detection device or system; (36) “Supervisor of technicians” means an individual employed by an alarm systems company who supervises alarm systems technicians or alarm systems apprentices and who may install, service, or repair on site, or who performs a survey of the premises to be protected, monitors, or responds to electrical, electronic, or mechanical alarm signal devices, burglar alarms, television cameras, or still cameras used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity; (37)(A) “Training administrator” means a person employed by a licensed company designated by a Class B, Class C, or Class G company designation or by the security department of a private business to conduct training for the security personnel. (B) The training administrator shall certify to the director that the required training has been completed; (38)(A) “Training instructor” means a person employed by a licensed company who may assist the training administrator with conducting the training of security personnel. (B) However, a training instructor shall not certify that the required training has been completed; and (39) “Undercover agent” means an individual hired by another individual, partnership, corporation, or other business entity to perform a job for that individual, partnership, corporation, or other business entity and, while performing the job, to act as an undercover agent, employee, or independent contractor of a licensee, and supervised by a licensee.

Ark. Code Ann. § 17-40-103 Exemptions.

(a) This chapter does not apply to: (1) A person employed exclusively and regularly by one (1) employer in connection with the affairs of that employer only and where there exists an employer-employee relationship; (2) An officer or employee of the United States, of this state, or of a political subdivision of either, while the employee or officer is engaged in the performance of official duties; (3) A person not in the employ of another law enforcement officer and who has part-time or full-time employment as a law enforcement officer and who is certified by the Arkansas Commission on Law Enforcement Standards and Training as a law enforcement officer and receives compensation for private employment on an individual or an independent contractor basis as a patrolman, guard, or watchman if the person is: (A) Employed in an employee-employer relationship; or (B) Employed on an individual contractual basis; (4) A person engaged exclusively in the business of obtaining and furnishing information for purposes of credit worthiness or collecting debts or ascertaining the financial responsibility of applicants for property insurance and for indemnity or surety bonds, with respect to persons, firms, and corporations; (5) Consumer reporting agencies; (6) A licensed attorney in performing his or her duties, or an employee of an attorney only in connection with providing investigative services to the attorney and his or her practice; (7) Admitted insurers, insurance adjusters, agents, and insurance brokers licensed by the state performing duties in connection with insurance transacted by them; (8) An officer, employee, or agent of a communications common carrier, as defined in 47 U.S.C. § 153(11), while engaged in the normal course of business of the carrier or protecting the carrier or a user of the services of that carrier from fraudulent, unlawful, or abusive use of services; (9) A professional engineer registered with the State Board of Licensure for Professional Engineers and Professional Surveyors engaged in providing investigative services as outlined in this chapter; (10) A person that sells or manufactures alarm systems, unless such a person or business performs any service as an alarm systems company; (11) Installation, servicing, or responding to fire alarm systems or any alarm device that is installed in a motor vehicle, aircraft, or boat; (12) Installation of an alarm system on property owned by or leased to the installer; (13) Installation of fixed fire extinguisher systems by persons licensed by the Arkansas Fire Protection Licensing Board; (14) Installation of the raceway, conductors, and components of a fire alarm system by an entity holding a valid Arkansas contractor's license, electrical classification, when the systems are furnished by alarm systems companies licensed under this chapter, provided the alarm systems company: (A) Furnishes a system designed to comply with applicable codes and standards; (B) Furnishes the installing contractor with wiring diagrams and specifications for the required conductors; (C) Provides periodic job site inspections of the installation in progress; (D) Connects and installs the system components; (E) Tests the completed installation in compliance with the Arkansas Fire Prevention Code and NFPA standard number 72: National Fire Alarm and Signaling Code, 2013 Edition, providing the owner's representative and the local fire marshal with test documentation; and (F) Instructs the system owner's representative and provides operator manuals for the installed system; (15) Alarm system agents, alarm system apprentices, and alarm system technicians for a class E-S license are exempt from the requirements for National Burglar and Fire Alarm Association Level 1 and 2 certification; (16) An agent, employee, or sales representative of an alarm systems company, if the agent, employee, or sales representative: (A) Does not alter, install, maintain, move, repair, replace, service, or reconfigure an alarm system or any individual component connected to an alarm system at an end-user's premises; and (B) Is not granted access to passwords or codes that can be used to arm or disarm the alarm system installed at a specific end-user premises; and (17) A certified public accountant licensed by the state performing his or her duties, only in connection with providing investigative services, and all employees, independent contractors, or agents acting under the supervision of a certified public accountant licensed by the state, only in connection with providing investigative services to the certified public accountant and his or her practice. (18)(A) Installation of a device that is on property owned or leased by a person monitoring the device. (B) As used in subdivision (18)(A) of this section, "device" includes without limitation an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect a burglary, an act of breaking and entering, shoplifting, pilferage, theft, a holdup, or other illegal or unauthorized activity. (C)(i) A technician who is installing a device as described in subdivision (a)(18)(A) of this section is required to submit to a state and national criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (ii) The state and national criminal background check described in subdivision (a)(18)(C)(i) of this section shall: (a) Conform to all applicable federal standards; and (b) Include the taking of fingerprints. (iii) The results of the state and national criminal background check required under subdivision (a)(18)(C)(i) of this section shall be subject to § 17-40-306(d). (b)(1) If the security department of a private business or school hires or employs an individual in the capacity of a commissioned security officer or commissioned school security officer, the security department of the private business or school is not required to make application to the Division of Arkansas State Police for any license under this chapter. (2) However, the private business or school is required to be recognized by the Director of the Division of Arkansas State Police as a private business or school for the purpose of employing the commissioned security officer or commissioned school security officer. (c) Notwithstanding any other provision of this chapter, employees of a licensee who are employed exclusively as undercover agents are not required to register with the director under this chapter.

Ark. Code Ann. § 17-40-104 Penalties.

(a) A person who violates this chapter upon conviction is guilty of a Class A misdemeanor. (b) A person who violates this chapter within one (1) year of a previous violation upon conviction is guilty of a Class D felony.

Ark. Code Ann. § 17-40-105 Notice of violation.

The Director of the Division of Arkansas State Police shall not deny, suspend, revoke, or fine any person required to be licensed, credentialed, or commissioned under this chapter unless the person has been notified of the alleged violation of this chapter within three hundred sixty-five (365) days after the occurrence of the alleged violation.

Ark. Code Ann. § 17-40-106 Exclusive regulation — Authority of political subdivisions.

(a) The regulation of investigation, security, and alarm systems companies is exclusive to the Director of the Division of Arkansas State Police. (b) Licensees and employees of licensees under the provisions of this chapter are not required to obtain any authorization, permit, franchise, or license from, or pay another fee or franchise tax to, or post bond in any city, county, or other political subdivision of this state to engage in the business or perform any service authorized under this chapter. (c) However, any city or county may require a company operating within its jurisdiction to register without fee and may adopt an ordinance to require users of alarm systems to obtain revocable permits without fee.

Ark. Code Ann. § 17-40-108 Battery-charged fences — Definitions.

(a) As used in this section: (1)(A) "Alarm system" means a device or system that: (i) Transmits a signal intended to summon law enforcement of a municipality in response to a burglary; or (ii) Is used to: (a) Prevent or detect burglary, theft, pilferage, fire, or other loss of property; or (b) Prevent or detect intrusion. (B) "Alarm system" does not include an alarm: (i) Installed on a motor vehicle, unless the motor vehicle is used for habitation at a permanent site; or (ii) Designed to alert only the inhabitants within the premises; (2) "Battery-charged fence" means a fence that: (A) Interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to a burglary; (B) Is located on property that is not designated by a municipality or county for residential use; (C) Has an energizer that is driven by a commercial storage battery that is not more than twelve volts (12v) of direct current; (D) Produces an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by the standards established by the International Electrotechnical Commission, as it existed on January 1, 2023; (E) Is completely surrounded by a nonelectric perimeter fence or wall that is not less than five feet (5') in height; (F) Is not taller than: (i) Ten feet (10') in height; or (ii) Two feet (2') higher than the height of the nonelectric perimeter fence or wall, whichever is taller; (G) Is marked with conspicuous warning signs that are located on the electric fence at not less than thirty-foot (30') intervals and that read: "WARNING — ELECTRIC FENCE"; and (H) Has all ancillary components and a battery charger that produces a very small current to maintain the battery; (3) "County" means any county in this state; and (4) "Municipality" means: (A) A city of the first class; (B) A city of the second class; or (C) An incorporated town. (b) Notwithstanding any other law, a municipality or county shall not adopt or enforce an ordinance, order, or rule that: (1) Requires a permit for the installation or use of a battery- charged fence that is in addition to any alarm system permit or license issued by the municipality or county; (2) Imposes installation or operational requirements for a battery-charged fence; or (3) Prohibits the installation or use of a battery-charged fence. (c) This section does not apply to a fence used for agricultural or aquacultural purposes.

Ark. Code Ann. § 17-40-204 Administration.

(a) The Director of the Division of Arkansas State Police shall perform such duties as may be prescribed by the director and shall have no financial, personal, or business interests in an entity licensed under this chapter. (b) All legal processes and all documents required by law shall be served upon the director or his or her designee or filed within the Division of Arkansas State Police.

Ark. Code Ann. § 17-40-207 Powers and duties.

(a) The Director of the Division of Arkansas State Police shall have the following powers and duties: (1) To determine the qualifications of applicants as provided in this chapter; (2) To investigate alleged violations of this chapter and of any rules adopted by the director; (3) To grant, deny, suspend, or revoke any license, credential, or commission issued under this chapter and to levy fines for violation of this chapter; (4) To authorize a licensed or credentialed private investigator from another state to operate in this state for up to ten (10) calendar days without being issued a credential under this chapter, under the rules promulgated by the director; (5) To promulgate reasonable rules in the manner provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (6) To establish and enforce standards governing the safety and conduct of persons licensed, credentialed, or commissioned under this chapter. (b)(1) In the conduct of any investigation performed under this chapter, the director may issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records, and documents. (2)(A) The administrative hearing officer shall conduct the administrative hearing, and he or she may administer oaths, require testimony, and issue subpoenas for the attendance of witnesses and the production of relevant books, papers, documents, or other relevant evidence. (B) The administrative hearing officer shall submit his or her recommendation to the director within sixty (60) days of the hearing. (c) The director may designate a person on his or her staff to administer and carry out this chapter.

Ark. Code Ann. § 17-40-208 Training of personnel.

(a) The Director of the Division of Arkansas State Police shall establish minimum training requirements under this chapter for a private security officer, a commissioned security officer, and a commissioned school security officer. (b) For a private security officer, the minimum training requirements under this chapter include without limitation the following topics: (1) Legal limitations on the use of firearms and on the powers and authority of the private security officer; (2) Familiarity with this chapter; (3) Field note taking and report writing; and (4) Other topics that the director deems necessary. (c) For a commissioned security officer, the minimum training requirements under this chapter include without limitation the following topics: (1) Legal limitations on the use of firearms and on the powers and authority of the commissioned security officer; (2) Familiarity with this chapter; (3) Field note taking and report writing; (4) Range firing and procedure and handgun safety and maintenance; and (5) Other topics the director deems necessary. (d) For a commissioned school security officer, the minimum training requirements under this chapter include without limitation the following topics: (1) Legal limitations on the use of firearms and on the powers and authority of the commissioned school security officer; (2) Familiarity with this chapter; (3) Field note taking and report writing; (4) Fundamental use of firearms, including firearm safety drills, tactics, and required qualification on an approved course of fire; (5) Active shooter training; (6) Active shooter simulation scenarios; (7) Trauma care; (8) Defensive tactics; (9) Weapon retention; (10) Handgun safety and maintenance; and (11) Other topics the director deems necessary. (e)(1) When an individual meets the training requirements approved by the director, that individual shall not be required to be retrained until two (2) years after the private security officer is commissioned. (2) Refresher training for a commissioned security officer and a commissioned school security officer is required each year.

Ark. Code Ann. § 17-40-209 Fees — Disposition of funds — Legislative intent.

(a) It is the intent of the General Assembly that the cost of investigating and credentialing private investigators or licensing private security agencies as authorized by this chapter be borne by the individuals and agencies so credentialed or licensed. (b) To assure that the intent is carried out, the expenditure for personal services and operating expenses associated with investigating and licensing, credentialing, or commissioning of individuals and agencies required to be licensed, credentialed, or commissioned under this chapter shall be limited in the aggregate to the amount deposited into the State Treasury to the credit of the Division of Arkansas State Police Fund from license, credential, and commission fees of the individuals and agencies. (c) In order to provide sufficient revenues to carry out the duties and functions prescribed by this chapter, the Director of the Division of Arkansas State Police shall levy fees for licenses, credentials, and commissions as authorized by this chapter as determined by the director. (d) A late fee or a fine may be levied by the director. (e)(1) All funds received by the director shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund. (2) Money remaining at the end of the fiscal year shall carry over to the next fiscal year and shall not revert to any other fund.

Ark. Code Ann. § 17-40-301 Unlawful acts.

(a) Except as provided under § 17-40-325, it is unlawful for a person to knowingly: (1) Perform any service as a private investigator unless the person has obtained a credential to perform the services of a private investigator under this chapter; (2) Perform any service as or engage in the business or business activity of a security services contractor or alarm systems company unless the person has obtained a license as a securities services contractor or alarm systems company under this chapter; (3) Engage in an operation outside the scope of the person's license or credential; or (4) Perform any service that requires a license, credential, or commission under this subchapter without having first been issued that license, credential, or commission. (b) A credential holder or a licensee or an officer, director, partner, manager, or employee of a licensee shall not knowingly make a false report to his or her employer or client for whom information was being obtained. (c)(1) A credential holder, licensee, manager, or agent authorized by one (1) or both the licensee or manager shall have the sole responsibility of knowingly submitting a written investigative report to a client. (2) The person submitting the written investigative report shall exercise due diligence in ascertaining the truth and accuracy of the information in the report. (d) A credential holder, or a licensee or officer, director, partner, manager, or employee of a licensee, except a full-time police officer, shall not knowingly use a title, wear a uniform, use an insignia, use an identification, or make any statement with the intent to give the impression that the person is connected in any way with the United States Government, a state government, county government, city government, or any political subdivision of a state government. (e) It is unlawful for a person to misrepresent that he or she is employed by a credential holder or a licensee. (f)(1) It is unlawful for a state, county, or municipal government or political subdivision of a state, county, or municipal government to install, service, maintain, monitor, operate, sell, or lease as lessor a burglar alarm, fire alarm system, or other electronic security system on private property if a private contractor licensed to do business within the county or municipality offers such systems or services to the public within the county or municipality. (2) This section does not prohibit a county or municipal government from installing, servicing, maintaining, or operating a burglar alarm or fire alarm system on property owned or leased by a county or municipal government. (3) This subsection does not apply to an entity authorized to provide, directly or indirectly, voice, data, broadband, video, or wireless telecommunications services under § 23-17-409(b)(2). (g) A person shall not program an automatic dialing device to call a law enforcement agency, fire department, emergency health service, or a state, city, or county agency without the prior approval of the Director of the Division of Arkansas State Police. (h) A credential holder or a licensee shall not contract or subcontract with an unlicensed person or uncredentialed individual to perform a service that requires a credential or a license under this chapter. (i) A person licensed only as a security services contractor shall not engage in an investigation unless the investigation is incidental to the theft, loss, embezzlement, misappropriation, or concealment of property that the person has been hired or engaged to protect. (j) A person shall not employ an individual as a private security officer and knowingly authorize or permit him or her to carry a firearm during the course of performing his or her duties as a private security officer if the director has not issued the private security officer a security officer commission. (k) An individual employed as a private security officer shall not knowingly carry a firearm during the course of performing his or her duties as a private security officer if the director has not issued him or her a security officer commission. (l) A person shall not knowingly hire or employ an individual as a private security officer and an individual shall not accept employment as a private security officer if the employment requires the private security officer to carry a firearm in the course and scope of his or her duties, unless the private security officer is a commissioned security officer.

Ark. Code Ann. § 17-40-302 Fees.

(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.

Ark. Code Ann. § 17-40-303 [Reserved.]

Ark. Code Ann. § 17-40-306 License or credential — Applicant qualifications.

(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. (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. (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. (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. (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.

Ark. Code Ann. § 17-40-307 License or credential — Application and examination.

(a) An application for a license or credential under this chapter shall be in the form prescribed by the Director of the Division of Arkansas State Police and shall include: (1) The full name and business address of the applicant; (2) The name under which the applicant intends to do business; (3) A statement as to the general nature of the business and the business classification in which the applicant intends to engage; (4) The full name and residence address of each of the applicant's partners, officers, directors, and managers if the applicant is an entity other than an individual; (5) Two (2) recent passport-style photographs of the applicant, if the applicant is an individual, or of each officer and of each partner or shareholder who owns an interest of twenty-five percent (25%) or more in the applicant if the applicant is an entity; (6) Two (2) classifiable sets of fingerprints of the applicant, if the applicant is an individual, or of each officer and of each partner or shareholder who owns an interest of twenty-five percent (25%) or more in the applicant if the applicant is an entity; (7) A verified statement of the applicant's experience qualifications; (8) A verified statement disclosing any record of arrests, pending criminal charges, or convictions of the applicant of a felony, Class A misdemeanor, or a crime involving an act of violence, including those that have been sealed or expunged; and (9) Information that may be required by the director that would show that the applicant is honest, trustworthy, and of good character if the applicant is an individual. (b) An application for a license or credential under this chapter shall include the Social Security number of the applicant. (c) The director may require an applicant or his or her manager to demonstrate qualifications determined by the director by an examination or show proof of other qualifications as may be determined by the director. (d)(1) Payment of the application fee prescribed by this chapter entitles the applicant or his or her manager to one (1) examination without further charge. (2) If the person fails to pass the examination, he or she shall not be eligible for any subsequent examination except upon payment of the reexamination fee, which shall be set by the director. (e)(1)(A) Each first-time applicant and applicant for license or credential renewal shall apply to the Division of Arkansas State Police for a state and national criminal background check to be conducted by the division and the Federal Bureau of Investigation. (B) Criminal history records from the Arkansas Crime Information Center shall be available to the director for the review of applicant qualification. (2) The state and national criminal background check shall conform to applicable federal standards and shall include the taking of fingerprints as required in subdivision (a)(6) of this section. (3) The applicant shall sign a release of information to the director and shall be responsible for the payment of any fee associated with the state and national criminal background check. (4) Upon completion of the state and national criminal background check, the division shall forward to the director all releasable information obtained concerning the applicant. (f) The burden is on the applicant to provide information sufficient to allow the director to determine if the applicant is qualified to hold the license or credential.

Ark. Code Ann. § 17-40-308 License or credential — Insurance prerequisite.

(a) A Class B, Class C, or Class G license shall not be issued to an applicant under this chapter unless the applicant files with the Director of the Division of Arkansas State Police proof of a policy of continuing public liability insurance in a sum not less than five hundred thousand dollars ($500,000), conditioned to compensate any person for damages, including, but not limited to, bodily injury caused by wrongful acts of the principal or its servants, officers, agents, and employees in the conduct of any business licensed by this chapter. (b) A Class B or Class C license shall not be issued to an armored car company unless the applicant files with the director proof of a valid and continuing policy of armored car cargo insurance protecting customers' valuables in a sum not less than five hundred thousand dollars ($500,000). (c)(1) All Class E licensees shall maintain in force at all times while licensed a public liability insurance policy, with minimum limits of liability of three hundred thousand dollars ($300,000). (2) All alarm systems companies that issue Underwriters Laboratories certificates for local mercantile, central station, or police connected alarms shall maintain in force at all times a public liability insurance policy in an amount of at least three hundred thousand dollars ($300,000). (3) Proof of public liability insurance shall be provided to the director at the time of application or renewal or upon request. (4) This section does not pertain to alarm systems companies that do not sell, install, or service alarm systems.

Ark. Code Ann. § 17-40-309 License and credential — Classifications.

For purposes of defining the scope of licenses under this chapter, the following license classifications are established: (1) “Class A” means a license issued to an investigations company employing one (1) or more individuals; (2) “Class B” means a security services contractor license; (3) “Class C” means a license that includes the operations within a Class A license and a Class B license; (4) “Class D” means a license for a single individual operating as an investigations company with no other employees who are required to be licensed or credentialed under this chapter; (5) “Class E Restricted” means a license for an alarm systems company the work of which is limited to structures that are not required by the Arkansas Fire Prevention Code to have a fire alarm system; (6) “Class E Unrestricted” means a license for an alarm systems company that installs fire alarm systems that are required by the Arkansas Fire Prevention Code; (7) “Class E-M” means an alarm systems company license covering only monitoring; (8) “Class E-S” means a single-station alarm systems company license restricted to one-family and two-family dwellings; and (9) “Class G” means a general license for operations included within Class A, Class B, Class E Restricted, and Class E Unrestricted licenses.

Ark. Code Ann. § 17-40-310 License and credential — Form.

A license or credential when issued shall be in the form prescribed by the Director of the Division of Arkansas State Police and shall include the: (1) Name of the licensee or credential holder; (2) Name under which the licensee or credential holder is to operate; and (3) License or credential number and date of expiration.

Ark. Code Ann. § 17-40-311 License and credential — Assignability.

A license or credential issued under this chapter is not assignable.

Ark. Code Ann. § 17-40-312 License and credential — Termination.

The Director of the Division of Arkansas State Police shall prescribe by rule the procedure under which a license or credential issued under this chapter may be terminated by the licensee or credential holder.

Ark. Code Ann. § 17-40-313 License and credential — Expiration and renewal.

(a)(1) A license or credential issued under this chapter shall expire two (2) years from the date of issuance. (2) To renew an unexpired license or credential, the licensee or the credential holder shall apply for renewal on a form prescribed by the Director of the Division of Arkansas State Police and pay the renewal fee prescribed by this chapter. (3) Upon approval of the application by the director, a renewal license or credential shall be issued. (b)(1) A suspended license or credential is subject to expiration and may be renewed as provided in this chapter. (2) However, renewal does not entitle the licensee or the credential holder, while the license or credential remains suspended and until it is reinstated, to engage in the licensed or credentialed activity. (c) It is unlawful for a suspended licensee or credential holder or an employee of the suspended licensee or credential holder to operate while the license or credential is suspended. (d) A license or credential that is not renewed within six (6) months after its expiration shall not be renewed thereafter. (e) The holder of the license or credential that has been expired for more than six (6) months may obtain a new license or credential only on compliance with all of the provisions of this chapter relating to the issuance of an initial license or credential.

Ark. Code Ann. § 17-40-314 Managers.

(a) The business of each licensee shall be operated under the direction and control of at least one (1) manager. (b) A person shall not act as a manager of a licensee or private business until the person has: (1) Demonstrated the person's qualifications by a written examination; and (2) Made a satisfactory showing to the Director of the Division of Arkansas State Police that the person has the qualifications prescribed by this chapter. (c) It is unlawful for an individual to make application to the director as manager or to serve as manager of an investigations company, security services contractor, private business, or alarm systems company unless the individual intends to maintain a supervisory position on a daily basis for the investigations company, security services contractor, private business, or alarm systems company. (d)(1) If a manager who has qualified as provided in this section ceases to be manager for any reason, the licensee shall notify the director in writing within fourteen (14) days from the cessation of the manager. (2) If notice under subdivision (d)(1) of this section is given, the license shall remain in force for a reasonable length of time to be determined by the rules of the director and pending the qualification of another manager. (3) If the licensee fails to provide the notice under subdivision (d)(1) of this section to the director within the fourteen-day period, the licensee's license may be subject to suspension, a fine, or revocation.

Ark. Code Ann. § 17-40-315 Duties of licensee or credential holder.

(a) Each licensee or credential holder shall maintain a record containing the information relative to his or her employees as may be prescribed by the Director of the Division of Arkansas State Police. (b) At all times a licensee or credential holder shall be legally responsible for the good conduct in the business of each employee, including the licensee's manager. (c) A licensee or credential holder finding a violation of this chapter shall report the violation to the local authority and to the director.

Ark. Code Ann. § 17-40-316 Licenses and credentials — Change of address, telephone number, email address, name, or officers or partners.

(a) A licensee or credential holder shall notify the Director of the Division of Arkansas State Police within fourteen (14) days after a change of the licensee's or credential holder's name, address, telephone number, email address, or officer or partner. (b) A licensee or manager shall notify the director within fourteen (14) days after a change in the credentialed person's name, address, telephone number, or email address.

Ark. Code Ann. § 17-40-317 Licensees and credential holders — Windup period.

When the individual on the basis of whose qualifications a license or credential under this chapter has been obtained ceases to be connected with the business for which a license or credential under this chapter is required, the business may be carried on for a temporary period under such terms and conditions as the Director of the Division of Arkansas State Police shall provide by rule.

Ark. Code Ann. § 17-40-318 Training requirements for alarm systems company.

The Director of the Division of Arkansas State Police shall promulgate rules regarding the training requirements for alarm systems companies, alarm systems apprentices, alarm systems monitors, alarm systems technicians, and alarm systems agents.

Ark. Code Ann. § 17-40-319 [Reserved.]

Ark. Code Ann. § 17-40-325 License or credential application.

(a) A person who is employed as a private investigator, a manager, a private security officer, an alarm systems technician, an alarm systems monitor, an alarm systems apprentice, or an alarm systems agent and who is required to be licensed or credentialed under this chapter shall submit a properly completed application for the license or credential to the Director of the Division of Arkansas State Police within fourteen (14) calendar days after the commencement of employment. (b) While the application for the license or credential is pending, an applicant may perform the services of a private investigator, a manager, a private security officer, an alarm systems technician, an alarm systems monitor, an alarm systems apprentice, or an alarm systems agent if the applicant is under the supervision of a person who holds a license or credential for which the applicant applied.

Ark. Code Ann. § 17-40-329 Issuance of credential photo identification card — Transfer and fee — Cancellation.

(a)(1) A credential photo identification card of a size, a design, and content as may be determined by the Director of the Division of Arkansas State Police shall be issued by the Division of Arkansas State Police under this chapter. (2) The credential photo identification card shall display: (A) The name of the credential holder; (B) A photograph of the credential holder; (C) A credential number and date of expiration; and (D) The name of the entity by whom the credential holder is employed. (b) The credential of each person, private security officer, alarm systems technician, alarm systems monitor, alarm systems apprentice, credentialed private investigator, or alarm systems agent expires two (2) years from the date of issuance and is valid irrespective of the credential holder's employer. (c) When an individual to whom a credential has been issued terminates his or her position, he or she shall return the credential photo identification card to the licensee immediately upon termination. (d) When an individual to whom a credential has been issued changes employment from one licensee to another licensee, the new manager shall notify the director immediately in writing and pay a transfer fee. (e) Within seven (7) days after the licensee has received the identification card of a credentialed employee who has terminated his or her position, the licensee shall mail or deliver the credential photo identification card to the director for cancellation, along with a letter from the licensee stating: (1) The date the credentialed employee terminated his or her position; (2) That the licensee received the credential photo identification card of the credentialed employee who has terminated his or her position; and (3) The cause for which or the conditions under which the credentialed employee terminated his or her position.

Ark. Code Ann. § 17-40-330 Authority to issue commission to carry a firearm.

The Director of the Division of Arkansas State Police may determine the qualifications for and issue an authorization to carry a firearm in the form of a commission to a qualified security officer or qualified school security officer that shall be held during the course of his or her employment.

Ark. Code Ann. § 17-40-331 Previously issued license, credential, or commission.

All previously licensed, credentialed, commissioned, or registered persons who were approved before September 1, 2015, shall meet all of the requirements of this chapter upon renewal.

Ark. Code Ann. § 17-40-332 Time limit on civil liability.

The Department of Arkansas State Police and its employees are not liable for any civil damages resulting from a license, credential, or commission issued before September 1, 2015.

Ark. Code Ann. § 17-40-333 [Reserved.]

Ark. Code Ann. § 17-40-337 Commission — Applicant qualifications.

(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. (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.

Ark. Code Ann. § 17-40-340 Commission — Issuance of identification card.

Each commission as a commissioned security officer or a commissioned school security officer issued under this chapter shall be in the form of a commission photo identification card or electronic identification card determined by the Director of the Division of Arkansas State Police that shall identify: (1) The commission holder; (2) The security department of a private business or school by whom the commission holder is employed; (3) A photograph of the credential holder; and (4) A credential number and date of expiration.

Ark. Code Ann. § 17-40-342 Commission — Termination.

If the holder of a commission terminates his or her employment with the licensee or the security department of a private business or school, he or she shall return the commission photo identification card to the Director of the Division of Arkansas State Police within seven (7) days of the date of termination of the employment.

Ark. Code Ann. § 17-40-343 Commission — Expiration.

A commission as a commissioned security officer or a commission as a commissioned school security officer expires two (2) years after the date it is issued.

Ark. Code Ann. § 17-40-344 Commission — Denial, suspension, or revocation.

The Director of the Division of Arkansas State Police may deny, suspend, or revoke a commission as a commissioned school security officer or a commission as a commissioned security officer if the applicant for a commission or the commission holder is indicted or arrested for one (1) of the following offenses or a comparable offense in another state: (1) A felony; (2) A Class A misdemeanor; (3) A crime involving an act of violence; (4) A crime involving the use of a firearm; (5) A crime involving the use of alcohol or drugs while in possession of a firearm; or (6) A crime that results in the person's disqualifying himself or herself from legally possessing a firearm under state or federal law .

Ark. Code Ann. § 17-40-345 [Reserved.]

Ark. Code Ann. § 17-40-349 Suspension for nonpayment of child support.

(a) The Director of the Division of Arkansas State Police shall suspend a license, credential, or commission issued under this chapter if the Division of Arkansas State Police is notified by the Office of Child Support Enforcement that the licensee, credential holder, or commission holder has not paid his or her required child support. (b) The licensee, credential holder, or commission holder shall be sent notice of the suspension under this section. (c) The licensee, credential holder, or commission holder may be reinstated after: (1) Full payment of the amount due through the office; and (2) Notification from the office to the division.

Ark. Code Ann. § 17-40-350 Grounds for disciplinary action.

(a) The Director of the Division of Arkansas State Police may suspend or revoke a license, credential, or commission or issue a fine in an amount not to exceed one thousand dollars ($1,000) for each violation of this chapter, or both, or the director may deny an application for a license, credential, or commission, or renewal thereof, on proof that the applicant, licensee, commission holder, or credential holder: (1) Violated a provision of this chapter or violated a rule promulgated under this chapter; (2) No longer meets the qualifications for the license, credential, or commission under this chapter; or (3) Has been arrested for an offense that if convicted would result in disqualification for the license, credential, or commission under this chapter. (b) The director may summarily suspend for no more than sixty (60) days a license, credential, or commission if it is shown that the health, safety, or welfare of the public is endangered. (c)(1) The director may suspend a license, credential, or commission of a person who is found guilty of or pleaded guilty or nolo contendere to a felony, a Class A misdemeanor, or a crime involving an act of violence in this state or a comparable offense in another state or territory of the United States or in any foreign country. (2) If the licensee is a corporation, proof of actual participation or actual knowledge on the part of the licensee or on the part of an employee of the licensee who is also a credential holder or commission holder is required. (3) If the hearing on a license, credential, or commission that has been summarily suspended is adjourned at the request of the licensee, credential holder, or commission holder, the suspension may be continued for the additional period of the adjournment.

Ark. Code Ann. § 17-40-351 Procedure for denial.

(a) The Director of the Division of Arkansas State Police may deny the issuance of a license, credential, or commission under this chapter. (b) The director shall notify the applicant of the director's decision in writing. (c) The applicant may appeal the decision to the director, provided he or she perfects the appeal within ten (10) days of the receipt of his or her notice of denial.

Ark. Code Ann. § 17-40-352 License, credential, or commission — Record of denial, revocation, or suspension.

(a) If the Director of the Division of Arkansas State Police denies the application or suspends or revokes a license, credential, or commission, or if a fine is imposed, the director's decision shall be in writing. (b) The notice of the decision shall be mailed to the applicant, licensee, credential holder, or commission holder within sixty (60) days of the director's decision.

Ark. Code Ann. § 17-40-353 Reciprocity — Private investigator.

A person who is licensed or credentialed under the laws of another state or territory of the United States as a private investigator may apply for a credential as a private investigator in this state upon production of satisfactory proof that: (1) The other state or territory grants similar reciprocity to credential holders of this state that coincides with the records on private investigator credential reciprocity maintained by the Division of Arkansas State Police; (2) The requirements for licensing or credentialing in the particular state or territory were at the date of the applicant's most recent licensing or credentialing substantially equivalent to the requirements now in effect in this state; (3) The applicant meets all the qualifications for the credential as set out in this chapter, including the successful completion of a state and national criminal background check; and (4) The applicant meets other reasonable qualifications as may be adopted by the Director of the Division of Arkansas State Police.

Ark. Code Ann. § 17-40-354 Fingerprint cards.

(a) The Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation may retain the fingerprints collected for each individual who is fingerprinted under this chapter. (b) The Director of the Division of Arkansas State Police may enroll a person issued a license, credential, or commission under this chapter in a program that electronically notifies law enforcement if the person has been arrested.

Ark. Code Ann. § 17-40-355 Appeal of denial, suspension, or revocation — Venue.

(a) The denial, suspension, or revocation of a license, credential, or commission under this chapter by the Director of the Department of Arkansas State Police may be appealed to circuit court and shall be governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) Venue for the appeal to circuit court under this section shall be in Pulaski County, Arkansas.

Ark. Code Ann. § 17-40-356 Advertising.

Any time that a licensee is engaged in an activity regulated under this chapter, the licensee shall display the company name and license number or a statement referring to a website or toll-free number to obtain licensing information on all advertising and marketing materials, including without limitation letterhead, printed advertisements, electronic media advertisements, decals, and yard signs.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.17.htmlFetched: 11/8/2026