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235.09.1-16. Reciprocal Licensure

AR ADC 235.09.1-16Arkansas Administrative CodeEffective: July 1, 2020

West's Arkansas Administrative Code
Title 235. Arkansas Department of Labor and Licensing
Division 9. Professional Bail Bondsman Licensing Board
Rule 1. Rules of Bail Bond Business
Effective: July 1, 2020
Ark. Admin. Code 235.09.1-16
235.09.1-16. Reciprocal Licensure
Currentness
A. Required Qualifications. An applicant applying for reciprocal licensure shall meet the following requirements:
1. The applicant shall hold a substantially similar license in another United States' jurisdiction.
a. A license from another state is substantially similar to an Arkansas Professional Bail Bondsman license if the other state licenses professional bail bondsmen.
b. The applicant shall hold his or her occupational licensure in good standing;
c. The applicant shall not have had a license revoked for:
1. An act of bad faith; or
2. A violation of law, rule, or ethics;
d. The applicant shall not hold a suspended or probationary license in a United States' jurisdiction;
2. The applicant shall be sufficiently competent to serve as a Professional Bail Bondsman; and
3. Have a valid appointment from a professional bail bond company in the State;
4. Provide a duly executed power of attorney issued by the professional bail bond company for whom the professional bail bondsman will be acting; and
5. Apply to the Identification Bureau of the Arkansas State Police for a state and nationwide criminal records check.
B. Required documentation. An applicant shall submit a fully-executed application, the required fee, and the documentation described below.
1. As evidence that the applicant's license from another jurisdiction is substantially similar to Arkansas's, the applicant shall submit the following information:
a. Evidence of current and active licensure in that state;
b. And Evidence that the other state's licensure requirements match those listed in A.1.a.
2. To demonstrate that the applicant meets the requirement in A.1.b. through d., the applicant shall provide the Board with:
a. The names of all states in which the applicant is currently licensed or has been previously licensed;
b. Letters of good standing or other information from each state in which the applicant is currently or has ever been licensed showing that the applicant has not had his license revoked for the reasons listed in A.1.c. and does not hold a license on suspended or probationary status as described in A.1.d.
3. As evidence that the applicant is sufficiently competent to be a Professional Bail Bondsman, an applicant shall:
a. Pass the written examination prepared by the Board; and
b. Submit three (3) written statements from persons who know his or her character.
Temporary and Provisional License
A. The Board shall issue a temporary and provisional license immediately upon receipt of the application, the required fee, and the documentation required under B.(I).i. and ii above.
B. The temporary and provisional license shall be effective until the Board makes a decision on the application, unless the Board determines that the applicant does not meet the requirements in Reciprocity sections A.(I). and A.(II)., in which case the temporary and provisional license shall be immediately revoked.
C. An applicant may provide the rest of the documentation required above in order to receive a license, or the applicant may only provide the information necessary for the issuance of a temporary and provisional license.
License for person from a state that does not license profession
A. Required Qualifications. An applicant from a state that does not license Professional Bail Bondsman shall meet the following requirements:
1. The applicant shall be sufficiently competent to serve as a Professional Bail bondsman; and
2. Have a valid appointment from a professional bail bond company in the State;
3. Provide a duly executed power of attorney issued by the professional bail bond company for whom the professional bail bondsman will be acting; and
4. Apply to the Identification Bureau of the Arkansas State Police for a state and nationwide criminal records check.
B. Required documentation. An applicant shall submit a fully-executed application, the required fee, and the documentation described below.
1. As evidence that the applicant is sufficiently competent in the field of [name], and applicant shall:
a. Pass the written examination prepared by the Board; and
b. Submit three (3) written statements from persons who know his or her character.
Reciprocity and state-specific education
A. The Board shall require an applicant to take the written examination prepared by the Board if the applicant is licensed in another state that does not offer reciprocity to Arkansas residents that is similar to reciprocity to out-of-state applicants in A.C.A. § 17-1-108.
B. Reciprocity in another state will be considered similar to reciprocity under A.C.A. § 17-1-108 if the reciprocity provisions in the other state:
1. Provide the least restrictive path to licensure for Arkansas applicants;
2. Does not require Arkansas applicants to participate in the apprenticeship, education, or training required as a prerequisite to licensure of a new professional in that state, except that the state may require Arkansas applicants to participate in continuing education or training that is required for all professionals in that state to maintain licensure.
3. Does not require Arkansas applicants to take a state-specified education unless required under the same conditions described in A.C.A. § 17-1-108.

Credits

Adopted July 1, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 235.09.1-16, AR ADC 235.09.1-16
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