2019 Arkansas Code
Title 12 - Law Enforcement, Emergency Management, and Military Affairs
Subtitle 2 - Law Enforcement Agencies and Programs
Chapter 8 - Division of Arkansas State Police
Subchapter 1 - General Provisions
§ 12-8-103. Commission's Powers and Duties - Restrictions
(a) The Arkansas State Police Commission shall:
(1) Approve or disapprove each promotion;
(2) Approve or disapprove each demotion for nondisciplinary reasons; and
(3) Review each application for employment presented to it by the Director of the Division of Arkansas State Police for certification to the eligibility list.
(b)
(1) The commission shall hear appeals of any disciplinary action taken against a commissioned officer by the director that results in removal, suspension, discharge, demotion, or disciplinary transfer.
(2) The appeal shall be heard under § 12-8-204(c).
(c) The members of the commission are granted disciplinary authority equal to that of supervisory and administrative personnel of the Division of Arkansas State Police with respect to violations of rules committed by a division employee in the presence of a commissioner.
(d)
(1) In addition to its existing powers and duties, the commission may administer oaths and subpoena witnesses, books, records, and other documents deemed necessary for the proper investigation and performance of any powers, functions, or duties of the commission.
(2) All such subpoenas shall be issued by the chair of the commission or such other members of the commission as authorized by a majority vote of the membership of the commission.
(3)
(A) Any person failing to appear or to produce the books, records, or documents subpoenaed by the commission shall be guilty of contempt.
(B) The person shall be punished by the circuit court upon petition being filed with the circuit court by the commission in the same manner as provided by law for punishment of contempt of the circuit court.
(e)
(1) The commission shall perform the duties prescribed in this chapter.
(2) For such purposes, the commission may promulgate and enforce reasonable and necessary rules.
(f) Members of the commission shall not exercise police powers, nor shall the appointment qualify a commissioner as a law enforcement officer as defined in § 12-9-102.
