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12-83-104. Recruitment — Service — Deployment — Discharge.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-83-104. Recruitment — Service — Deployment — Discharge.
(a)(1) The Division of Emergency Management shall establish a system to recruit personnel with special skills or experience related to emergency response and recovery operations and provide initial familiarization training and periodic proficiency training as necessary for members of the Emergency Volunteer Reserve Cadre to ensure their readiness for immediate deployment for response and recovery activities.
(2) The personnel shall be enrolled as emergency responder volunteers in accordance with § 12-75-129, and shall be eligible for immunities and exemptions in accordance with § 12-75-128 and workers' compensation benefits in accordance with § 12-75-129.
(b) The division shall establish an administrative management system to recruit and maintain qualified personnel and establish a fiscal management system to ensure prompt and reasonable reimbursement of authorized expenses.
(c) Persons recruited for the cadre may provide, but are not limited to providing, services in disaster application centers, disaster field offices, disaster survey teams, and fixed or mobile emergency operating centers and communications facilities, and may utilize other specific skills for which they may qualify or be trained to assume.
(d) Members are subject to deployment within the State of Arkansas and may, upon invocation of mutual aid agreements with other states, accompany state employees at host state or federal expense on out-of-state services.
(e) When called into active service by the Director of the Division of Emergency Management, members of the cadre shall be under the operational and administrative management of the division and such employees of that office who may be designated to supervise their duties.
(f)(
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-83-104
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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Record provenance
Stable record: arkansas_code:legal_authorities:12-83-104
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 387e9c243608e6972e8bea93f012a4d7d36a06867405b2d28fdaa8f821ef7773
Source location: content.xml paragraph 21242
Stored source content
12-83-104. Recruitment — Service — Deployment — Discharge.
(a)(1) The Division of Emergency Management shall establish a system to recruit personnel with special skills or experience related to emergency response and recovery operations and provide initial familiarization training and periodic proficiency training as necessary for members of the Emergency Volunteer Reserve Cadre to ensure their readiness for immediate deployment for response and recovery activities.
(2) The personnel shall be enrolled as emergency responder volunteers in accordance with § 12-75-129, and shall be eligible for immunities and exemptions in accordance with § 12-75-128 and workers' compensation benefits in accordance with § 12-75-129.
(b) The division shall establish an administrative management system to recruit and maintain qualified personnel and establish a fiscal management system to ensure prompt and reasonable reimbursement of authorized expenses.
(c) Persons recruited for the cadre may provide, but are not limited to providing, services in disaster application centers, disaster field offices, disaster survey teams, and fixed or mobile emergency operating centers and communications facilities, and may utilize other specific skills for which they may qualify or be trained to assume.
(d) Members are subject to deployment within the State of Arkansas and may, upon invocation of mutual aid agreements with other states, accompany state employees at host state or federal expense on out-of-state services.
(e) When called into active service by the Director of the Division of Emergency Management, members of the cadre shall be under the operational and administrative management of the division and such employees of that office who may be designated to supervise their duties.
(f)(1) The director shall have the authority to immediately relieve members of the cadre for actual misconduct, perceived incompetence, or inability to perform their assigned duties.
(2) When relieved by authority other than the director's, members shall have the right of appeal to the director for reinstatement.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-75-128. Emergency responders — Immunities and exemptions.
(a) All functions under this chapter and all other activities relating to emergency management are declared to be governmental functions.
(b) No emergency responder, except in cases of willful misconduct, gross negligence, or bad faith, when complying with or reasonably attempting to comply with this chapter, or any other rule or regulation promulgated pursuant to the provisions of this section or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of the state, shall be liable for the death of or injury to persons, or for damage to property, as a result of any such activity.
(c) The immunity in subsection (b) of this section shall extend to both emergency responders who are employees and to qualified emergency responders who are volunteers.
(d) The provisions of this section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled to under this chapter, under the Workers' Compensation Law, § 11-9-101 et seq., or under the retirement system laws of Arkansas nor the right of any such person to receive any benefits or compensation under any act of the United States Congress.
(e)(1) Any requirement for a license to practice any professional, mechanical, or other skill does not apply to any authorized emergency management worker who in the course of performing his or her duties as an emergency management worker practices the professional, mechanical, or other skill during an emergency.
(2)(A) Subdivision (e)(1) of this section does not apply to a license issued to a health practitioner, as defined in § 12-87-102.
(B) However, a health practitioner license issued by another state is rec
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-75-128
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 12-75-128. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-75-129. Emergency responders — Workers' compensation benefits.
(a)(1) A person appointed and regularly enrolled in an accredited emergency management organization and covered by this chapter is limited to the Workers' Compensation Law, § 11-9-101 et seq., for benefits payable for an injury to or death of the person, if:
(A) The person is regularly employed by a local government or the state; and
(B) The injury or death occurs while the person is:
(i) Actually engaged in emergency management duties either during training or during a period of emergency; and
(ii) Subject to the order or control of or pursuant to a request of and under the supervision and instruction of the:
(a) Governor;
(b) Division of Emergency Management; or
(c) Chief executive or the designated director of a department, county, or an accredited local government unit making use of emergency management volunteer workers.
(2) If a person described in subdivision (a)(1) of this section is a qualified emergency responder of the state or a local office of emergency management, then recovery is limited as provided in this section.
(b) The remedy provided in this section shall be the exclusive remedy as against the state and political subdivisions thereof.
(c)(1) For the purpose of workers' compensation coverage in cases of injury to or death of an individual, all duly qualified emergency responders shall be deemed local government or state employees and shall receive compensation, and their survivors shall receive death benefits in like manner as regular local government or state employees for injury or death arising out of and in the course of their activities as emergency responders.
(2) If an emergency responder is injured or killed while subject to the order or control of a loc
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-75-129
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 12-75-129. This identifies an authority to review, not proof of applicability.