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23-89-509. Cease and desist orders — Notice required.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-89-509. Cease and desist orders — Notice required.
(a)(1) Upon issuance of cease and desist orders pursuant to § 23-89-504 or § 23-89-507, the Director of the Division of Labor shall promptly transmit his or her order to the Director of the Division of Arkansas State Police.
(2) Whenever possible, the Director of the Division of Labor shall notify any applicable fair boards or sponsoring organizations in the respective districts or counties of this state where the amusement attractions or amusement rides are in operation or are scheduled to be in operation.
(3) The Director of the Division of Labor shall promptly notify these parties when a cease and desist order has been rescinded upon proof of the operator's compliance with the provisions of this subchapter.
(b) Upon receipt of the Director of the Division of Labor's order to cease and desist operations pursuant to subsection (a) of this section, the Division of Arkansas State Police shall promptly serve the order on the operator and order the operator immediately to cease operation of all applicable amusement attractions or amusement rides in operation or scheduled to be in operation in those districts or counties until the cease and desist order has been rescinded.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-89-509
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:23-89-509
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: daea005c5f4045994eba928403d5d52cad94f713f2de855399d67d298aeff1d9
Source location: content.xml paragraph 54738
Stored source content
23-89-509. Cease and desist orders — Notice required.
(a)(1) Upon issuance of cease and desist orders pursuant to § 23-89-504 or § 23-89-507, the Director of the Division of Labor shall promptly transmit his or her order to the Director of the Division of Arkansas State Police.
(2) Whenever possible, the Director of the Division of Labor shall notify any applicable fair boards or sponsoring organizations in the respective districts or counties of this state where the amusement attractions or amusement rides are in operation or are scheduled to be in operation.
(3) The Director of the Division of Labor shall promptly notify these parties when a cease and desist order has been rescinded upon proof of the operator's compliance with the provisions of this subchapter.
(b) Upon receipt of the Director of the Division of Labor's order to cease and desist operations pursuant to subsection (a) of this section, the Division of Arkansas State Police shall promptly serve the order on the operator and order the operator immediately to cease operation of all applicable amusement attractions or amusement rides in operation or scheduled to be in operation in those districts or counties until the cease and desist order has been rescinded.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-89-504. Safety inspection and insurance required — Enforcement — Violations.
(a) It is unlawful for any person or entity to operate an amusement attraction or amusement ride unless the person or entity maintains liability insurance in the minimum amount required by this subchapter at all times during the operation of the amusement attraction or amusement ride in the state and unless the person has a current safety inspection report made at the time of set-up of the amusement attraction or amusement ride, but before use by the public.
(b)(1) The Director of the Division of Labor may conduct examinations and investigations into the affairs of any person or entity subject to the provisions of this subchapter for the purpose of determining compliance with the provisions of this subchapter.
(2) The Director of the Division of Labor shall administer and enforce the provisions of this subchapter.
(3) The Director of the Division of Labor shall promulgate rules for the proper administration and enforcement of this subchapter, including rules establishing minimum safety requirements for the operation and maintenance of amusement rides and amusement attractions.
(4) The Director of the Division of Labor shall employ amusement ride inspectors certified by the National Association of Amusement Ride Safety Officials.
(c) If the Director of the Division of Labor finds that an operator or owner has failed to comply with the provisions of this subchapter, he or she may order the operator or owner to immediately cease operating the amusement attraction or amusement ride and may impose upon the operator or owner an administrative penalty of not more than ten thousand dollars ($10,000).
(d)(1) If the Director of the Division of Labor finds that an operator or owner failed
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-89-504
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 23-89-504. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-89-507. Inspection by insurance company — Change in coverage.
(a)(1) Except as provided in subdivision (a)(3) of this section, an insurance company insuring an operator of an amusement attraction or amusement ride as required in this subchapter shall inspect the amusement attraction or amusement ride of the insured for safety at least one (1) time each calendar year.
(2) The operator shall maintain a copy of a report required under subdivision (a)(1) of this section at the site of operation of the amusement attraction or amusement ride, together with proof of insurance coverage.
(3) An insurance company insuring an inflatable attraction is not required to perform an inspection of the inflatable attraction.
(b) If any insurer insuring an operator shall cancel the coverage of the operator, the insurer shall notify the Director of the Division of Labor of the cancellation at least ten (10) days before the cancellation is effective.
(c) The insurer shall immediately notify the director if the cancellation notice is rescinded or coverage is reinstated.
(d) If the insurer finds any amusement attraction or amusement ride to be unsafe or cancels the insurance coverage and so notifies the director, then the director shall immediately issue a cease and desist order preventing any operation until written documentation is provided to the director that the amusement attraction or amusement ride has been made safe or insurance coverage has been obtained.
(e) Any insurance company or surplus lines insurer failing to comply with this section shall be subject to revocation of its certificate of authority or registration by the Insurance Commissioner, or in lieu of suspension or revocation, a fine assessed by the commissioner of not more than fifty thousand dollars ($50,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-89-507
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 23-89-507. This identifies an authority to review, not proof of applicability.