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12-8-103. Commission's powers and duties — Restrictions.
Arkansas Code — all titles (historical 2020) · legal_authorities
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
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-8-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:12-8-103
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 86e76252133c6856b34bfe9a1edd53d85a306d640d1c4a46b748d825b38e5cf8
Source location: content.xml paragraph 328
Stored source content
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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-8-204. Tenure — Removal, suspension, or discharge.
(a) The members of the Division of Arkansas State Police shall hold their offices until and unless removed for cause.
(b) Should the Director of the Division of Arkansas State Police deem it necessary to remove, suspend, discharge, demote, or transfer for disciplinary reasons any division officer, the director shall do so by written notice.
(c)(1) Any division officer so removed, suspended, discharged, demoted, or transferred shall have the right of appeal to the Arkansas State Police Commission, provided that notice of the appeal shall be lodged with the commission within ten (10) days after notice to the officer of his or her discharge, removal, suspension, demotion, or disciplinary transfer.
(2) When so filed, the appeal shall be heard and determined by the commission within a reasonable time from the date the appeal is filed with the commission.
(d)(1) Provided the appeal is perfected within thirty (30) days from the date of the final order made by the commission, an appeal may be taken to the Pulaski County Circuit Court from any order of the commission discharging, removing, suspending, demoting, or transferring for disciplinary reasons any member of the division force.
(2) The appeal shall be heard by the court without the introduction of any further testimony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-8-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-8-204. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-9-102. Definitions.
As used in this subchapter:
(1) “Law enforcement agency” means:
(A) A private college or university law enforcement agency as described in § 12-20-101 et seq.;
(B) The Division of Law Enforcement Standards and Training and the Black River Technical College Law Enforcement Training Academy as designated under § 12-9-210; and
(C) Any other entity designated by law as a law enforcement agency;
(2) “Law enforcement officer” means an appointed law enforcement officer who is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state, excluding only those officers who are elected by a vote of the people; and
(3) “Political subdivision” means any county, municipality, township, or other specific local unit of general government.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-9-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-9-102. This identifies an authority to review, not proof of applicability.