Browse Arkansas Code titles and sections
20-38-106. Evidence of criminal history records checks.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-38-106. Evidence of criminal history records checks.
(a) A service provider shall maintain on file, subject to inspection by the Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, or the licensing or certifying agency evidence that criminal history records checks have been completed on all operators, applicants for employment, and employees of the service provider and evidence that all operators, applicants for employment, and employees of the service provider have been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency.
(b) If a service provider employs an applicant or continues the employment of an employee who satisfied the criteria for a waiver under § 20-38-105(d)(3), the service provider shall maintain documentation that the person met the criteria for the waiver, including the written acknowledgment by the licensing or certifying authority.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-38-106
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:20-38-106
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 35a859ffbfc03b9476d2ccf44c74b8a6a2a5704504afb61a08231c669020ef5a
Source location: content.xml paragraph 25667
Stored source content
20-38-106. Evidence of criminal history records checks.
(a) A service provider shall maintain on file, subject to inspection by the Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, or the licensing or certifying agency evidence that criminal history records checks have been completed on all operators, applicants for employment, and employees of the service provider and evidence that all operators, applicants for employment, and employees of the service provider have been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency.
(b) If a service provider employs an applicant or continues the employment of an employee who satisfied the criteria for a waiver under § 20-38-105(d)(3), the service provider shall maintain documentation that the person met the criteria for the waiver, including the written acknowledgment by the licensing or certifying authority.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-38-105. Disqualification from employment — Denial or revocation — Penalties.
(a)(1) Except as provided in subsection (d) of this section, the licensing or certifying agency shall issue a determination that a person is disqualified as a service provider, operator, or from employment with a service provider if the person has pleaded guilty or nolo contendere to or has been found guilty of:
(A) Any of the offenses listed in subsection (b) of this section by any court in the State of Arkansas;
(B) Any similar offense by a court in another state; or
(C) Any similar offense by a federal court.
(2) Except as provided in subsection (d) of this section, a service provider shall not knowingly employ a person and the licensing or certifying agency shall not knowingly contract with, license, exempt from licensure, certify, or otherwise authorize a person to be a service provider if the person has pleaded guilty or nolo contendere to or has been found guilty of:
(A) Any of the offenses listed in subsection (b) of this section by any court in the State of Arkansas;
(B) Any similar offense by a court in another state; or
(C) Any similar offense by a federal court.
(b) As used in this section, the following criminal offenses apply to this section unless the record of the offense is expunged, pardoned, or otherwise sealed:
(1) Criminal attempt, § 5-3-201, criminal complicity, § 5-3-202, criminal solicitation, § 5-3-301, or criminal conspiracy, § 5-3-401, to commit any of the offenses in this subsection;
(2) Capital murder, § 5-10-101;
(3) Murder, §§ 5-10-102 and 5-10-103;
(4) Manslaughter, § 5-10-104;
(5) Negligent homicide, § 5-10-105;
(6) Kidnapping, § 5-11-102;
(7) False imprisonment, §§ 5-11-103 and 5-11-104;
(8) Permanent detention or restraint,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-38-105
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 20-38-105. This identifies an authority to review, not proof of applicability.