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Thread: PI LICENSING: Arkansas

  1. #1
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    PI LICENSING: Arkansas



    Exemptions (No license Required):

    (1) Any person employed exclusively and regularly by one employer in connection with the affairs of an employer only and where there exists an employer/employee relationship.

    (Examples: Legal firms, consumer and business protection agencies, corporate integrity firms, and any other employer or company that employs internal investigators that are not subject to the advertising of client services to the general public)

    (2) An officer or employee of the United States of America, or of this State or a political subdivision of either, while the employee or officer is engaged in the performance of official duties.

    (3) A person who has full­time employment as a law enforcement officer, who receives compensation for private employment on an individual or an independent contractor basis as a patrolman, guard, or watchman if such person is:

    (a) Employed in an employee­-employer relationship; or

    (b) Employed on an individual contractual basis; and

    (c) Not in the employ of another law enforcement officer.

    (4) Any 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 as defined in 15 U.S.C. 1681 et seq.

    (6) An attorney-­at-­law in performing his duties, or

    an employee of an attorney at law, in connection with providing investigatve services to the attorney and his 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. Section 153(h), 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 person who or business which sells or manufactures alarm systems, unless such person or business performs any service as described in section (1), subsection (6) of this chapter.

    (10) Installation, servicing or responding to fire alarm systems or any alarm device which is installed in a motor vehicle, aircraft, or boat.

    (11) Installation of an alarm system on property owned or leased to the installer.

    (12) Installation of fixed fire extinguisher systems by persons licensed by the Fire Extinguisher Board.

    (13) Installation of a fire alarm system by a person or organization not employed by a licensee under this chapter, who holds an electrical contractor's license in the State of Arkansas, when the installation is directed, inspected, and certified by a person or organization licensed under this chapter as an alarm systems company.

    Although the security department of a private business that hires or employs an individual in the capacity of a private security officer to possess a firearm in the course and scope of his duties is required to make application for a security officer commission for the individual, the security department of a private business shall not be required to make application to the Board for any license.

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    FURTHER EXEMPTIONS:

    c) Notwithstanding any other provission of this chapter, employees of a licensee who are employed exclusively as undercover agents shall not be required to register with the board under this chapter.

    Sources:

    http://www.asp.state.ar.us/divisions...x.html#private

    State Police

  2. #2
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    IF YOU WISH TO QUALIFY FOR A LICENSE:

    Arkansas reciprocates on private investigator licenses with the following states: Tennessee, Louisiana, and Oklahoma. To qualify for reciprocity, the license must be current, and the applicant must have been licensed in the reciprocal state for at least two consecutive years.

    FEES: $225 to register:[/b]

    17-40-306. License - Applicant qualifications.

    (a) An applicant for a license or his manager must, unless the requirement is waived by the board:

    (1) Be at least twenty-one (21) years of age;

    (2) Be a high school graduate or its equivalent if the applicant is a manager of an investigations company or an individual applying for an investigations company license;

    (3) Not have been convicted in any jurisdiction of any felony, Class A misdemeanor, crime involving an act of violence, or any crime involving moral turpitude for which a pardon has not been granted;

    (4) Not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and not have been restored;

    (5) Not be suffering from habitual drunkenness or from narcotics addiction or dependence;

    (6) Not have been discharged from the armed services of the United States under other than honorable conditions;

    (7) Be of good moral character; and

    (8) Be in compliance with any other reasonable qualifications that the board may fix by rule.

    (b)(1) An applicant who applies for a license to engage in the business of an investigations company or his manager shall have:

    (A) Two (2) consecutive years' experience prior to the date of the application in the investigative field as an agent, employee, manager, or owner of an investigations company; or

    (B) Been licensed under Acts 1965, No. 447 [repealed]; or

    (C)(i) Two (2) years' experience as a licensed bail bondsman; and

    (ii) A baccalaureate degree from a four-year institution of higher education; or

    (D) Satisfied such other requirements as may be set by the board.

    (2) The experience of the applicant must be reviewed by the board and determined to be adequate to qualify the applicant to engage in the business of an investigations company.

    (c) An applicant who applies for a license to engage in the business of a security services contractor or his manager shall have two (2) consecutive years' experience prior to the date of application in the security services field as an agent, employee, manager, or owner of a security services contractor company, or the applicant or his manager shall have been licensed under Acts 1973, No. 605 [repealed], or shall satisfy such other requirements as may be set by the board.


    Source: License Qualifications

  3. #3
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    ARKANSAS BOARD OF PRIVATE INVESTIGATORS:

    Scotty Battershell - Chairman

    Roy Chaloner

    Carl McBee

    James Hipp

    Rod Koberg

    Steven Taylor

    Karl Perman


    Administrator
    (Who reports to the Board)

    Wes Adams, CPL - State Police


    ---------

    Interpretation:

    When inquiring of the state statutes and licensing regulations, it is highly recommended you visit the state web site to acquaint yourself with the law. Although the state police clerical staff, administrator, and board members are required to offer interpretation and guidance based solely on the state statutes, your own personal review of the statutes will help you arrive at all possible interpretations based on your own needs.

  4. #4

    Question Interpretation of Law

    The Arkansas Private Investigators and Private Security Agencies Act (17-40-101-107 & other associated statutes).

    I have recently reviewed this law. My interpretation is that a individual on a contractual basis, or working as an employee for a business in this such field does not have to have a license. But that business, with articles of incorporation, i.e., must have a license, or an individual who wishes to open such a business must have a license.

    If an individual is to contract on his own, he must be registered with the Arkansas State Police under this act in sections 22 and 23, under authority of the board. The only exemption would be an attorney-at-law. And business wise, the exemption would be a law firm, law enforcement entity, or branch of Federal or State government.

  5. #5
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    Hello there! Just a quick note to add information.

    I called the Arkansas State Police HQ in Little Rock, Arkansas today and spoke to an officer in the licensing division.

    In addition to KNOWING the state laws:

    1. Article 17-40-306-8 states that you "be in compliance with any other reasonable qualifications that the board may fix by rule."

    2. The main qualification the State Police require you to have is 2 years consecutive, verifiable, PI experience, or you may attend the only school in the state that is approved for a 6 month course and a hefty fee

    3. So either GO TO SCHOOL for 6 months or WORK FOR 2 YEARS. Either way, you still must pass the S.P. administered test to qualify for a P.I. license.


    Hope this helps someone, I sure was surprised! Darryl

  6. #6

    Smile Arkansas Licensing

    Thanks Daryl for this helpful info.

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    Update PI LICENSING: Arkansas

    Private Investigators and Alarm Installation/Monitoring

    The Arkansas Private Investigators and Private Security Agencies Act (ACA 17-40-101 - 107 & other associated statutes) designates the Arkansas State Police as an administering agency to regulate private investigators, private security agencies and individuals or businesses offering security or investigative services.

    Through the Arkansas Board of Private Investigators and Private Security Agencies, the Arkansas State Police administers a variety of licensing functions that involve the private security and investigation industry.

    The requirements for obtaining an Arkansas private investigators license include a minimum of two consecutive years of investigation experience. This experience must be documented in writing by the company or agency where the investigations were assigned or ordered. Applicants must also take and pass the state board exam.

    Arknasas reciprocates on private investigator licenses with the following states: Tennessee, Louisiana, and Oklahoma. To qualify for reciprocity, the license must be current, and the applicant must have been licensed in the reciprocal state for at least two consecutive years.

    Should you have questions regarding those individuals or companies regulated by the State Police or if you are seeking assistance in obtaining a license, you may e-mail the Arkansas State Police Regulatory Services Division or call the office at 501-618-8600.

    Resource: http://www.asp.state.ar.us/divisions...x.html#private

  8. #8
    Edward Morrison is offline Lifetime Corporation Member

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    Re: PI LICENSING: Arkansas

    Hmmm...out of curiosity I'm wondering if my 2 years as a Auxiliary Deputy and Guard would count toward the "investigative experience"? I spent I believe it was 8 weeks in training for the Aux Deputy part.

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    Re: PI LICENSING: Arkansas

    Quote Originally Posted by Edward Morrison View Post
    Hmmm...out of curiosity I'm wondering if my 2 years as a Auxiliary Deputy and Guard would count toward the "investigative experience"? I spent I believe it was 8 weeks in training for the Aux Deputy part.
    Similar to former police officers applying for a PI license, the state looks closely to what they actually performed for the number of years required. If they were a traffic cop writing tickets, then they would not have any surveillance, investigative, or detective experience. Documentation is key. If your prior colleagues could mail you an official letter stating your investigative experience on military letterhead, that could prove valuable.
    Legal Affairs comments are not intended to be and should absolutely not be taken as legal advice. If you should require legal, tax, or financial advice, you must first enter into a written agreement with only a licensed professional for legal, tax, or financial services, signed by both you and the licensed professional, and paid a retainer in good funds. Legal Affairs is not, nor intends to be, nor solicits to be your licensed professional. Members accessing comments by Legal Affairs are required to be bound by their Terms of Use Agreement regarding Legal Affairs.

  10. #10
    Edward Morrison is offline Lifetime Corporation Member

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    Re: PI LICENSING: Arkansas

    Thanks for the info, appreciate it.

  11. #11
    Edward Morrison is offline Lifetime Corporation Member

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    Re: PI LICENSING: Arkansas

    So I just noticed that there have been recent amendments to the PI requirements here in Arkansas. Way too much legalese for me. If any of IPIU's legal staff want to take a stab at it let me know if anything major has changed please.


    https://static.ark.org/eeuploads/asp...393_082015.pdf

  12. #12
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    Re: PI LICENSING: Arkansas

    Quote Originally Posted by Edward Morrison View Post
    So I just noticed that there have been recent amendments to the PI requirements here in Arkansas. Way too much legalese for me. If any of IPIU's legal staff want to take a stab at it let me know if anything major has changed please.


    https://static.ark.org/eeuploads/asp...393_082015.pdf
    Most of the regulations and processes remain in tact. The biggest change is where they abolished the PI Board and have assigned the State Police to handle applications. Having a PI Board costs more, so their mission is to cut costs. But the application fees for PI's may have been raised a bit.

  13. #13
    Edward Morrison is offline Lifetime Corporation Member

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    Re: PI LICENSING: Arkansas

    Thanks for the response. I had looked back over it today and that is basically what I got out of it too, but wanted to be sure. Thank's again.

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