2016 Arkansas Code
Title 17 - Professions, Occupations, and Businesses
Subtitle 2 - Nonmedical Professions
Chapter 40 - Private Investigators and Private Security Agencies
Subchapter 3 - -- License, Credential, and Commission
§ 17-40-337. Commission -- Applicant qualifications

AR Code § 17-40-337 (2016) What's This?

(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 Department 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 Department 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 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.

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