Arkansas Deaf and Hearing Impaired Telecommunications Services Corporation

Ark. Code Ann. tit. 25, ch. 29

in effect

Ark. Code Ann. § 25-29-101 Creation — Board of directors.

(a) There is hereby created the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation. (b) The corporation shall be governed by a seven-member board of directors appointed by the Governor as follows: (1) Three (3) shall be representatives of the Deaf, deaf, and Hard of Hearing community; and (2) Four (4) shall be representatives of Arkansas local exchange carriers. (c)(1) The Governor shall appoint one (1) member after consulting representatives of the Deaf, deaf, and Hard of Hearing community and one (1) member after consulting representatives of Arkansas local exchange carriers. (2) Members appointed by the Governor under subdivision (c)(1) of this section shall be subject to confirmation of the Senate. (d) The initial appointments shall be for such terms as will result in two (2) serving a one-year term, two (2) serving a two-year term, and three (3) serving a three-year term. All successors shall serve three-year terms. (e) The Governor shall designate one (1) of the board members to preside over the initial meeting of the board, at which meeting the board shall elect a president, a secretary, and such other officers as it deems appropriate. (f) Members of the board shall serve without compensation but may be reimbursed for reasonable expenses, except that no corporate money shall be used for out-of-state travel expenses. (g) All vacancies on the board shall be filled in the same manner as the original appointments.

Ark. Code Ann. § 25-29-102 Board of directors — Attendance at meetings required.

(a) In order to ensure broad representation and a quorum, all members of the Board of Directors of the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation have a responsibility to attend all regular or special meetings of the board. (b) A board member shall be subject to removal from the board in the event the member shall fail to present to the Governor a satisfactory excuse for his or her absence. Unexcused absences from three (3) successive regular meetings without attending any intermediary called special meetings shall constitute sufficient cause for removal. (c) Removal of board members shall be in accordance with the following: (1)(A) Within thirty (30) days after each regular board meeting, the secretary of the board shall give written notice to the Governor of any member who has been absent from three (3) successive regular meetings without attending any intermediary called special meetings. (B) The secretary's notice to the Governor shall include a copy of all meeting notices and attendance records for the past year. (C) Failure by the secretary to submit the notices and documentation required by this chapter shall be considered cause for removal by the Governor in accordance with the procedures set forth at § 25-17-210; (2) Within sixty (60) days after receiving the notice and supporting documentation from the secretary, the Governor shall notify, in writing, the board member of his or her intent to remove the member for cause. This notice shall suffice for the notice required in § 25-17-210(a); (3) Within twenty (20) days after the date of the Governor's notice, the board member may request an excused absence as provided by this chapter or may file with the Governor's office notice that the member disputes the attendance records and the reasons therefor; (4) The Governor shall grant an excuse for illness of the member when verified by a written sworn statement by the attending physician or other proper excuse as determined by the Governor; and (5) If no rebuttal is received or other adequate documentation submitted within twenty (20) days after the date of the Governor's notice, the board member may be removed in accordance with the provisions set forth in § 25-17-210. (d) Any board member referred to the Governor because of excessive absences under the provisions of this chapter shall not be entitled to any expense reimbursement for travel to or attendance at any subsequent meeting until the board receives notification from the Governor that the member has been excused for the absences.

Ark. Code Ann. § 25-29-103 Assessment on local exchange service providers.

(a) In order to fund the services provided by the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation, the Board of Directors of the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall levy assessments on all providers of: (1) Local l exchange service not to exceed ten cents (10¢) per subject access line per month in order to fund the services provided by the corporation; and (2)(A) Commercial mobile radio service not to exceed ten cents (10¢) per customer account or number. (B) As used in this section, “commercial mobile radio service” means the same as defined in § 12-10-303. (b) The board may adjust the assessment no more than once in a calendar year quarter, but at no time shall the assessment exceed the amount set in subsection (a) of this section. (c) The assessment under subdivision (a)(1) of this section shall not be levied on more than one hundred (100) lines at any single customer location. (d) The assessments levied under subsection (a) of this section may be collected by the providers of local exchange service or commercial mobile radio service from their customers and transmitted monthly to the board, and the board shall deposit the assessments into a financial institution authorized to accept public funds. (e) The assessments levied under subsection (a) of this section by the corporation shall not be considered a tax and shall not be affected by any laws of this state governing taxation, nor shall the assessments be subject to any state or local tax or franchise fee.

Ark. Code Ann. § 25-29-104 Powers and duties.

The Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall: (1) Provide telecommunications relay services, including, but not limited to, services that enable two-way communication between an individual who uses a TDD or other nonvoice terminal device and an individual who does not use such a device, for persons who are Deaf, deaf, Hard of Hearing, deaf and blind, or severely speech impaired; (2) Take other actions necessary and proper to provide telecommunications services to persons who are Deaf, deaf, Hard of Hearing, deaf and blind, or severely speech impaired; (3) Have perpetual succession as a body politic and corporate, adopt bylaws for the regulation of the affairs and the conduct of its business, and prescribe rules and policies in connection with the performance of its functions and duties; (4) Adopt an official seal and alter it at pleasure; (5) Sue and be sued in its own name and plead and be impleaded; (6) Make and execute contracts and other instruments necessary or convenient in the exercise of the powers and functions of the authority under this chapter, including contracts with persons, firms, corporations, and others; (7) Purchase insurance; and (8) Do any and all other acts and things necessary, convenient, or desirable to carry out the purposes of this chapter and to exercise the powers granted to it by this chapter.

Ark. Code Ann. § 25-29-105 Staff — Real property — Debt.

(a) The Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall not employ any person as a salaried employee but shall rely upon volunteers and professional services obtained by contract. (b) No corporate asset may be used to purchase or lease any real property, nor is the corporation authorized to incur any indebtedness.

Ark. Code Ann. § 25-29-106 Corporate offices.

The Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation may maintain an office at such location as it deems suitable. 25-29-107. Annual audit. The Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall be audited annually in accordance with generally accepted accounting procedures and file a copy of the audit with the Legislative Joint Auditing Committee and the Arkansas Public Service Commission. 25-29-108. Articles of incorporation. Within thirty (30) days after the first meeting of the Board of Directors of the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation, it shall cause articles of incorporation be filed with the Secretary of State. 25-29-109. Purchase of telecommunications services. The purchase of telecommunications services by the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall be by competitive bid using procedures substantially similar to the Arkansas Procurement Law, § 19-11-201 et seq. 25-29-110. Annual report. The Board of Directors of the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall transmit to the Legislative Council, the Secretary of the Department of Commerce, and the Arkansas Public Service Commission an annual report of its activities. The annual report shall be filed by March 31 of each year.

Ark. Code Ann. § 25-29-107 Annual audit.

The Arkansas Deaf and Hearing Impaired Telecommunications Services Corporation shall be audited annually in accordance with generally accepted accounting procedures and file a copy of the audit with the Legislative Joint Auditing Committee and the Arkansas Public Service Commission.

Ark. Code Ann. § 25-29-108 Articles of incorporation.

The Board of Directors of the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall keep articles of incorporation on file with the Secretary of State.

Ark. Code Ann. § 25-29-109 Purchase of telecommunications services.

The purchase of telecommunications services by the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall be by competitive bid using procedures substantially similar to the Arkansas Procurement Law, § 19-61-101 et seq.

Ark. Code Ann. § 25-29-110 Annual report.

The Board of Directors of the Arkansas Deaf and Hearing Impaired Telecommunications Services Corporation shall transmit to the Legislative Council, the Secretary of the Department of Commerce, and the Arkansas Public Service Commission an annual report of its activities. The annual report shall be filed by March 31 of each year.

Ark. Code Ann. § 25-29-111 Section 12 companies.

(a) The provisions of this section apply only to telecommunications corporations with fewer than ten thousand (10,000) access lines which have elected to become Section 12 companies pursuant to § 23-17-412. (b)(1) All telecommunications companies currently making contributions which affect the Arkansas Intrastate Carrier Common Line Pool (AICCLP) or the Arkansas IntraLATA Toll Pool, or both, due to prior review shall not be required to continue making the contributions effective upon the companies' election as Section 12 companies, pursuant to § 23-17-412. (2) Provided, if the companies discontinue making contributions to the Arkansas Intrastate Carrier Common Line Pool (AICCLP) or the Arkansas IntraLATA Toll Pool, or both, one percent (1%) of contributions that would have been made to the Arkansas Intrastate Carrier Common Line Pool (AICCLP) or the Arkansas IntraLATA Toll Pool, or both, for ten (10) months will be paid for start-up costs to the corporation provided for in this chapter.

Ark. Code Ann. § 25-29-112 Effect of chapter on Acts 1995, No. 501.

All laws and parts of laws in conflict with this chapter are hereby repealed. However, to the extent any provisions of this chapter conflict with any provisions of Acts 1995, No. 501, the provisions of Acts 1995, No. 501, shall prevail.

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.25.htmlFetched: 11/8/2026