17-39-304. Application for license — Proof and fee.

17-39-304. Application for license — Proof and fee. A person who desires to be licensed as a certified voice stress analysis examiner and conduct voice stress analysis examinations within this state shall apply for licensure to the Director of the Division of Arkansas State Police and shall submit with the application documentation that the applicant: (1) Is at least twenty-one (21) years of age at the time of application; (2) Has paid the fees required under § 17-39-305; (3) Has submitted two (2) recent passport-style photographs of the applicant; (4) Is not required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (5)(A) Has successfully completed a state and national criminal background check and has not been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or a comparable offense in another state or in a military or federal court, for which a pardon has not been granted: (i) Felony; (ii) Class A misdemeanor; (iii) Crime involving violence; or (iv) Crime involving moral turpitude. (B) For purposes of this subdivision (5), the state and national criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court; (6) Holds a baccalaureate degree from a college or university that is accredited by an accrediting agency approved by the United States Secretary of Education or has at least five (5) years of active law enforcement experience; (7) Has successfully completed a course of training that has been approved by the Director of the Division of Arkansas State Police offering a certification in the operation of the voice stress analysis machine and submits a copy of the certification with the application; and (8)(A) Has provided evidence of a surety bond or insurance policy to the Director of the Division of Arkansas State Police in the amount of five thousand dollars ($5,000) or proof that the applicant is covered by a business insurance policy. (B) The surety bond shall be issued on the condition that the obligor will pay to the extent of the face value of the surety bond or insurance policy all judgments that may be recovered against the applicant by reason of a wrongful or illegal act committed by him or her in the course of conducting voice stress analysis examinations. (C) An applicant who is conducting voice stress analysis examinations in the course of his or her employment with a law enforcement agency, in lieu of a surety bond, may submit a letter from the county sheriff, chief of police, or director of the law enforcement agency that states that any liability incurred will be covered under that entity's membership in the Fidelity Bond Trust Fund, a risk management pool, or liability coverage, if any, in order to meet the requirement under this subdivision (8).