157.00.14 Ark. Code R. § 001 - Arkansas Towing and Recovery Board - Rules and Regulations 2014
PURSUANT TO ARKANSAS CODE ANNOTATED 27-50-1201 et seq.
APPLICABILITY
These Regulations promulgated by the Arkansas Towing & Recovery Board, pursuant to Act 1061 of 2011 and Arkansas Code Annotated § 27-50-1201 et seq., shall apply to a person
A person is "hired to tow" if that person operates a tow vehicle(s) for compensation, consideration or commercial purposes, but does not include operation of a tow vehicle(s) to transport or otherwise facilitate the movement of a vehicle(s) that is owned by the operator or the operator's employer.
For purposes of these Regulations promulgated by the Arkansas Towing & Recovery Board pursuant to Arkansas Code Annotated 27-50-1201 et seq. , as now or hereafter amended, the following definitions, unless the text otherwise requires, shall apply:
The Rules and Regulations promulgated pursuant to Arkansas Code Annotated 27-50-1201 et seq., as now or hereafter amended, shall not apply to the following:
Light Duty: 9,000 - 15,000 pounds GVWR.
Medium Duty: 15,001 - 33,000 pounds GVWR.
Heavy Duty: 33,001 pounds and over GVWR.
Provided, it is recommended that the owner or operator of any Light Duty, Medium Duty, or Heavy Duty tow vehicle, observe applicable gross vehicle weight ratings (GVWR) when transporting or attempting to transport, vehicles on public roadways of the State of Arkansas.
The Arkansas Towing and Recovery Board may consider the following factors in determining if the pricing is excessive or unnecessary under A.C.A § 27-50-1203(e)(1)(C), and (D).
HISTORY of the RULES AND REGULATIONS
ADOPTED BY THE ARKANSAS TOWING & RECOVERY BOARD Pursuant to Arkansas Code Annotated 27-50-1201 et seq.
NUMBER ONE: April 14, 1993 Adopted by the "Board" pursuant to Acts 899 of 1989 and 1000 of 1993.
September 16, 1993 Legal Notice published in Arkansas Democrat.
October 02, 1993 Public Hearing held in Room 149 of the State Capitol Building.
October 07, 1993 Reviewed (and accepted) by the Administrative Rules and Regulations Subcommittee of the Legislative Council.
July 1, 1994 Effective date.
NUMBER TWO: December 03, 1998 Adopted by the "Board"* pursuant to Acts 899 of 1989, 1000 of 1993 and 250, 381, 392 and 841 of 1997.
December 30, 1998 Legal Notice published in Arkansas Democrat.
December 31, 1998 Filed with Bureau of Legislative Research.
January 30, 1999 Public Hearing held in Room 149 of the State Capitol Building.
February 02, 1999 "Final" copy filed with Bureau of Legislative Research.
May 13, 1999 Reviewed (and accepted) by Administrative Rules and Regulations Subcommittee of the Legislative Council.
July 01, 1999 Effective Date.
NUMBER THREE: July 28, 1999 Change Adopted by the "Board"* pursuant to Acts 899 of 1989, 1000 of 1993 and 250, 381, 392, and 841 of 1997.
July 30, 1999 Legal Notice published in Arkansas Democrat/Gazette.
October 13, 1999 "Final" copy filed with the Bureau of Legislative Research.
November 01, 1999 Effective Date.
NUMBER FOUR: October 12, 2001 Change Adopted by the "Board"* pursuant to Acts 899 of 1989; 1000 of 1993; 250,381.392. and 841 of 1997; and 1830 of 2001. under an emergency clause.
October 12, 2001 Effective Date under the emergency clause.
October 14, 2001 Legal Notice published in Arkansas Democrat/Gazette
October 31, 2001 Filed with Bureau of Legislative Research.
November 15, 2001 Public Hearing held in 2nd Floor Conference Room of the Attorney General's Office, Tower Building.
November 21, 2001 "Final" copy filed with the Bureau of Legislative Research.
December 06, 2001 Reviewed and Accepted by the Administrative Rules and Regulations Subcommittee.
December 16, 2001 Effective Date under the Administrative Procedures Act.
NUMBER FIVE: April 17, 2002 Change adopted by the "Board" * pursuant to Acts 899 of 1989; 1000 of 1993; 250, 381, 329, 841 of 1997; and 1830 of 2001, under the emergency clause.
April 24, 2002 Legal Notice published in Arkansas Democrat/Gazette
April 22, 2002 File with Bureau of Legislative Research.
May 01, 2002 Effective Date under the emergency clause.
May 22, 2002 Public Hearing held in 2nd Floor Conference Room of the Attorney General's Office, Tower Building.
May 24, 2002 "Final" copy filed with the Bureau of Legislative Research. June 06, 2002 Reviewed by the Administrative Rules and Regulations Subcommittee.
June 16, 2002 Effective Date under Administrative Procedures Act.
NUMBER SIX: June 27, 2006 Change adopted by the "Board" * pursuant to Act 899 of 1989; 1000 of 1993; 250, 381, 329, 841 of 1997; 1830 of 2001; and 1807, 1878, 2189, 2211 of 2005.
June 28, 2006 Rule Notice, Financial Impact and Proposed changes filed in electronic format filed with the Arkansas Register
June 29, 2006 Proposed changes filed with the Bureau of Legislative Research.
July 1, 2006 Legal Notice published in the Arkansas Democrat/Gazette.
July 1, 2006 Effective Date under the emergency clause.
August 30, 2006 Public Hearing held in 2nd Floor Conference Room of the Attorney General's Office, Towing Building.
September 5, 2006 "Final" copy filed with the Bureau of Legislative Research.
September 6, 2006 Reviewed by the Administrative Rules and Regulations Subcommittee.
September 15, 2006 Effective date under the Administrative Procedures Act.
NUMBER SEVEN:
December 04, 2007 Change adopted by the "Board" * pursuant to Act 899 of 1989; 1000 of 1993; 250, 381, 329, 841 of 1997; 1830 of 2001; and 1807, 1878, 2189, 2211 of 2005, 100, 506, 607, 626, 861, 1053, of 2007.
December 05, 2007 Rule Notice, Financial Impact and Proposed changes filed in electronic format filed with the Arkansas Register
December 10, 2007 Financial Impact and Proposed changes filed with the Bureau of Legislative Research.
December 14-16, 2007 Legal Notice published in the Arkansas Democrat/Gazette.
January 01, 2008 Effective Date under the emergency clause.
January 22, 2008 Public Hearing held in 2nd Floor Conference Room of the Attorney General's Office, Towing Building.
March 10, 2008 "Final" copy filed with the Bureau of Legislative Research.
March 20, 2008 Reviewed by the Administrative Rules and Regulations Subcommittee.
April 04, 2008 Effective date under the Administrative Procedures Act.
NUMBER EIGHT:
June 28, 2011 Change adopted by the "Board" * pursuant A.C.A 27-50-1203.
July 1, 2011 Effective date under the emergency clause.
July 21, 2011 Rule change filed with ADED.
July 22, 2011 Rule Notice, Financial Impact and Proposed changes filed in electronic format filed with the Arkansas Register. Financial Impact and Proposed changes filed with the Bureau of Legislative Research.
July 23-25, 2011 Legal Notice published in the Arkansas Democrat/Gazette.
August 30, 2011 Public Hearing held in the 2nd Floor Conference Room of the Attorney General's Office, Towing Building.
September 15, 2011 "Final" copy filed with the Bureau of Legislative Research.
October 4, 2011 Reviewed by the Administrative Rules and Regulations Subcommittee.
October 26, 2011 Effective Under Administrative Procedures Act.
NUMBER NINE: June 17, 2104 Change adopted by the "Board"* pursuant to A.C.A> 27-501203.
June 25, 2014 Rule Change filed with ADED, Financial Impact and Proposed Rule changes filed in electronic format with Arkansas Register electronic format. Financial Impact and Proposed Rule Change filed with Legislative Research.
Emergency Rule filed with Arkansas State Library.
July 1, 2014 Effective date under the emergency clause.
July 18-20, 2014 Legal Notice published in the Arkansas Democrat Gazette.
August 19, 2014 Public Hearing held in the11th Floor Conference Room of the Attorney General's Office, Towing Building.
September 23, 2014 "Final" copy filed with the Bureau of Legislative Research.
October 6, 2014 Reviewed by the Administrative Rules and Regulations Subcommittee.
November 10, 2014 Effective Date under the Administrative Procedures Act.
*Membership and staff:
Heath Tibbs, Insurance Industry Representative At Large (Jonesboro)
Wayne Edwards, Chairperson and Zone 1 NC Operator Representative (Lake Village)
Mary Thoma, Zone 3 NC Operator Representative (Westfork)
Avon Phillips, Junior, Zone 2 NC Operator Representative (North Little Rock)
Elgie Sims, Sr. Zone 4 NC Operator Represent. (El Dorado)
E. L. Jacobs, Consent Only Representative At Large (Paris)Ronnie Walker, Consent Only Representative At Large (Hot Springs)
Walter Fenton, Treasurer, Citizen Representative At Large (Rogers)
Jerry Vint, Vice Chairperson, Citizen Representative At Large (Alexander)
Cynthia Lauen, Director (Searcy)
Tracy Watson, Investigator (Royal)
Beth Lowrey, Investigator (Ozark)
Becki Gaskin, Administrative Specialist II (Searcy)
Kelly Locke, Administrative Specialist I (Kensett)
Notes
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