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20-64-316. Authority of Department of Health employees to investigate, examine, and inspect.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-64-316. Authority of Department of Health employees to investigate, examine, and inspect.
Any officer or employee of the Department of Health designated by the Secretary of the Department of Health to conduct examinations, investigations, or inspections under this subchapter relating to depressant or stimulant drugs or to counterfeit drugs may, when so authorized by the secretary:
(1) Carry firearms;
(2) Execute and serve search warrants and arrest warrants;
(3) Execute seizure by process issued pursuant to §§ 20-64-307 and 20-64-308;
(4) Make arrests without warrant for offenses under this subchapter with respect to drugs if the offense is committed in his or her presence; and
(5) Make seizures of drugs or containers or equipment, punches, dies, plates, stone, labeling, or other things, if they are, or he or she has reasonable grounds to believe that they are, subject to seizure and condemnation under §§ 20-64-307 and 20-64-308.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-64-316
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:20-64-316
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 89d0762398a92ee67c71c8fad0023c57346233d0ccecb8b0b5518ff66d41bd45
Source location: content.xml paragraph 32805
Stored source content
20-64-316. Authority of Department of Health employees to investigate, examine, and inspect.
Any officer or employee of the Department of Health designated by the Secretary of the Department of Health to conduct examinations, investigations, or inspections under this subchapter relating to depressant or stimulant drugs or to counterfeit drugs may, when so authorized by the secretary:
(1) Carry firearms;
(2) Execute and serve search warrants and arrest warrants;
(3) Execute seizure by process issued pursuant to §§ 20-64-307 and 20-64-308;
(4) Make arrests without warrant for offenses under this subchapter with respect to drugs if the offense is committed in his or her presence; and
(5) Make seizures of drugs or containers or equipment, punches, dies, plates, stone, labeling, or other things, if they are, or he or she has reasonable grounds to believe that they are, subject to seizure and condemnation under §§ 20-64-307 and 20-64-308.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-64-307. Seizure and forfeiture of contraband — Generally.
The following are declared to be contraband and shall be seized and forfeited without warrant by an authorized agent of the State Board of Health whenever he or she has reasonable grounds to believe they are:
(1) A depressant or stimulant drug with respect to which a prohibited act within the meaning of § 20-64-306 has occurred;
(2) A drug that is a counterfeit;
(3) A container of a depressant or stimulant drug or of a counterfeit drug;
(4) Equipment used in manufacturing, compounding, or processing a depressant or stimulant drug with respect to which drug a prohibited act within the meaning of § 20-64-306 has occurred; and
(5) Any punch, die, plate, stone, labeling, container, or other thing used or designed for use in making a counterfeit drug or drugs.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-64-307
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 20-64-307. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-64-308. Seizure and forfeiture of contraband — Hearing and disposition.
(a)(1) When an article, drug, or other thing is seized and forfeited under the provisions of § 20-64-307, the Secretary of the Department of Health or his or her authorized agent shall, within five (5) days thereafter, publish in a newspaper having a statewide circulation a notice containing a list of the articles, equipment, drugs, or other things seized, the name or names of the person or persons, if known, from whom taken, and the place where seized.
(2) The notice shall advise that the article, drug, or other thing seized and forfeited will be destroyed or sold by the secretary at the expiration of thirty (30) days from the date of publication of the notice.
(3) Any person claiming any interest in the article, equipment, drug, or other thing may, at any time within the thirty (30) days after the publication of the notice, petition the secretary for a hearing to be held in the secretary’s office in Little Rock.
(4) The secretary shall set a date for the hearing not later than ten (10) days after receiving the written request at which time witnesses shall be sworn and evidence shall be taken.
(5) Within fifteen (15) days after such hearing, the secretary shall enter his or her written findings of fact and order upon the testimony so presented.
(6) The findings of fact and order of the secretary may be appealed to the Pulaski County Circuit Court by lodging with the court within fifteen (15) days after the secretary’s order has been entered a transcript of record of the hearing held before the secretary. The circuit court shall hear no new evidence on such appeal and shall render its judgment only on errors of law.
(7) An appeal from the judgment of the circuit court may be taken t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-64-308
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 20-64-308. This identifies an authority to review, not proof of applicability.