Browse Arkansas Code titles and sections
27-23-206. Maintenance of information — Confidentiality.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-23-206. Maintenance of information — Confidentiality.
(a) The Office of Driver Services shall maintain the information provided under this section in a database to be known as the “Commercial Driver Alcohol and Drug Testing Database” for at least three (3) years.
(b) Notwithstanding any other provision of law to the contrary, personally identifying information of employees in the database is confidential and shall be released by the office only as provided under § 27-23-207.
(c) The use of one (1) report generated from the database to establish noncompliance for the imposition of a penalty under § 27-23-209 shall not subject the contents of the entire database to disclosure.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-23-206
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:27-23-206
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5fa18857283cdb3dda2b985813466b0d697c87e223be7eb42e78ef2ae5264378
Source location: content.xml paragraph 10950
Stored source content
27-23-206. Maintenance of information — Confidentiality.
(a) The Office of Driver Services shall maintain the information provided under this section in a database to be known as the “Commercial Driver Alcohol and Drug Testing Database” for at least three (3) years.
(b) Notwithstanding any other provision of law to the contrary, personally identifying information of employees in the database is confidential and shall be released by the office only as provided under § 27-23-207.
(c) The use of one (1) report generated from the database to establish noncompliance for the imposition of a penalty under § 27-23-209 shall not subject the contents of the entire database to disclosure.
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-23-207. Use of database by employers.
(a) An Arkansas employer shall submit a request for information from the Commercial Driver Alcohol and Drug Testing Database for each employee who is subject to drug and alcohol testing under this subchapter.
(b) The request for information shall be submitted to the Office of Driver Services by the Arkansas employer with an authorization that is signed by the employee.
(c)(1)(A) The fee for the request for information is a nominal fee not to exceed one dollar ($1.00) per employee per request.
(B) The office shall determine the amount of the fee.
(C) The office shall set the fee before implementation by rule.
(2) The fee shall be assessed to and paid by the Arkansas employer requesting the information.
(d) The Arkansas employer shall maintain a record of the report from the database that results from the request for information submitted under this section for at least three (3) years.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-23-207
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 27-23-207. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-23-209. Penalties.
(a)(1) The penalty for an Arkansas employer who knowingly fails to check the Commercial Driver Alcohol and Drug Testing Database as required under this subchapter is one thousand dollars ($1,000).
(2) The penalty described in subdivision (a)(1) of this section shall be assessed beginning July 1, 2008.
(b)(1) Except as provided under subdivision (b)(2) of this section, the penalty for an Arkansas employer who knowingly hires an employee with a record of a positive alcohol or drug test in the database is five thousand dollars ($5,000).
(2) This subsection does not apply to an employee who has completed a treatment program or an education program prescribed by a substance abuse professional and who has been found eligible to return to duty by the employer as provided under 49 C.F.R. §§ 40.281 — 40.313, as in effect on January 1, 2009.
(c) The penalty for an Arkansas employer who knowingly fails to report an occurrence regarding an alcohol or drug screening test as required under § 27-23-205(a) or § 27-23-205(b) is five hundred dollars ($500).
(d)(1) The penalty for a consortium/third-party administrator who knowingly fails to report an occurrence regarding a drug or alcohol test result as required under § 27-23-205(c) or § 27-23-205(d) is five hundred dollars ($500).
(2) If the consortium/third-party administrator is out of state, the penalty under subdivision (d)(1) of this section shall be extended to the Arkansas employer that contracted with the consortium/third-party administrator.
(e) The penalties under this section do not apply to the State of Arkansas, an agency of the state, or a political subdivision of the state.
(f) Moneys collected under this section are special revenues and shall be deposited into the State Treasury to
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-23-209
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 27-23-209. This identifies an authority to review, not proof of applicability.