12 CAR Part 20 — Municipal Police Patrols of Controlled-Access Facilities

Chapter V

Subchapter A

Subpart 1

12 CAR § 20-101 Purpose {#sec-12-car-20-101 omnilex-key=us-ar-regs-official--title-12-part-20--12 CAR § 20-101}

12 CAR § 20-101. Purpose.

The purpose of this part is to set written guidelines for compliance with Acts 2007, No. 371, and thus to ensure the orderly patrol of controlled-access facilities by municipal police departments listed by the Director of the Division of Arkansas State Police to provide orderly and appropriate law enforcement assistance to the Division of Arkansas State Police.

12 CAR § 20-102 Scope {#sec-12-car-20-102 omnilex-key=us-ar-regs-official--title-12-part-20--12 CAR § 20-102}

12 CAR § 20-102. Scope.

This part shall apply to all municipal police departments in the State of Arkansas that make application to the Director of the Division of Arkansas State Police to patrol the controlled-access facilities pursuant to Arkansas Code § 12-8-106(h).

12 CAR § 20-103 Definitions {#sec-12-car-20-103 omnilex-key=us-ar-regs-official--title-12-part-20--12 CAR § 20-103}

12 CAR § 20-103. Definitions.

As used in this part, these terms mean the following:

(1)(A) “Controlled-access facilities”, for purposes of Arkansas Code § 12-8-106 and this part, includes highways designated by the Arkansas Department of Transportation as “fully controlled-access routes on Arkansas’s state highway system”.

(B) These are interstate highways and those highways which are constructed to meet the standard and specifications of interstate highways.

(C)(i) The Division of Arkansas State Police will maintain a list of the controlled-access facilities on its website and in the office of the Director of the Division of Arkansas State Police.

(ii) This list will be updated annually when highways are designated by the Arkansas Department of Transportation as “fully controlled-access routes on Arkansas’s state highway system”, and they also may be referred to as “fully controlled-access highways”;

(2) “Director” means the Director of the Division of Arkansas State Police; and

(3) “Division” means the Division of Arkansas State Police.

12 CAR § 20-104 Factors considered by the director in approving requests by municipal police departments to patrol controlled-access facilities pursuant to Arkansas Code § 12-8-106(h) {#sec-12-car-20-104 omnilex-key=us-ar-regs-official--title-12-part-20--12 CAR § 20-104}

12 CAR § 20-104. Factors considered by the director in approving requests by municipal police departments to patrol controlled-access facilities pursuant to Arkansas Code § 12-8-106(h).

The factors which the Director of the Division of Arkansas State Police shall take into consideration in approving authorization for municipal police departments to patrol controlled-access facilities pursuant to Arkansas Code § 12-8-106(h) are:

(1) Public safety;

(2) Size of municipality served by municipal police department requesting authorization under this part;

(3) Size of the municipal police department requesting authorization;

(4) Training of the municipal police department requesting authorization;

(5) Financial impact;

(6) Abuse of police power;

(7) The types of roadways or highways that are controlled-access facilities for purposes of this section and this part;

(8) The need of the Division of Arkansas State Police for assistance in patrolling the controlled-access facilities;

(9) The number and location of other municipal police departments which have been granted authorization to patrol the controlled-access facilities; and

(10) Reason and justification submitted by the municipality for requesting authorization to patrol the controlled-access facility.

12 CAR § 20-105 Patrol authorizations issued by the Director of the Division of Arkansas State Police {#sec-12-car-20-105 omnilex-key=us-ar-regs-official--title-12-part-20--12 CAR § 20-105}

12 CAR § 20-105. Patrol authorizations issued by the Director of the Division of Arkansas State Police.

(a)(1) All municipal police departments which have previously been granted approval by the Division of Arkansas State Police to patrol what has previously been described as limited access highways will be authorized to patrol controlled-access facilities, provided such police department notifies the Director of the Division of Arkansas State Police within sixty (60) days of the effective date of this part that said police department desires to remain on the approved list.

(2) Failure to notify the director will result in removal from the approved list and such department will need to apply for authorization in accordance with this part.

(b) After the effective date of this part, requests by municipal police departments to patrol controlled-access facilities shall provide the following information:

(1) The request shall be:

(A) On letterhead stationery of the municipal police department; and

(B) Signed by the chief of police;

(2) Population of the municipality;

(3) The size of the police force;

(4) The training of the police force; and

(5) Reason or reasons why the municipal police department is requesting authorization to patrol controlled-access facilities and how granting authorization will improve public safety.

12 CAR § 20-106 Required records to be maintained by municipal police departments granted authorization to patrol controlled-access facilities {#sec-12-car-20-106 omnilex-key=us-ar-regs-official--title-12-part-20--12 CAR § 20-106}

12 CAR § 20-106. Required records to be maintained by municipal police departments granted authorization to patrol controlled-access facilities.

(a) The municipal police department shall keep records reflecting the ratio of the total number of tickets written by the police department in comparison to the number of tickets written on the controlled-access facility.

(b)(1) The records referred to in subsection (a) of this section shall be kept on a monthly basis and available for inspection at any time by the Division of Arkansas State Police.

(2) Such records shall be kept for a period of five (5) years.

(3) On request, such records shall be submitted to the division.

(c) It shall be presumed that the affected municipality is abusing its police power if:

(1) Thirty percent (30%) or more of the total tickets written for traffic violations are written for offenses occurring on the controlled-access facility; or

(2) More than fifty percent (50%) are:

(A) Written for traffic offenses occurring on the controlled-access facility for speeding; and

(B) Issued for speed limit violations that are ten miles per hour (10 m.p.h.) or less than the posted limit.

(d) All citations for violations occurring on controlled-access facilities will be for violations of state statute.

(e)(1) Any police municipality found to be in violation of this section will be subject to having its authorization to patrol the controlled-access facility immediately withdrawn.

(2) The authorization will not be in effect pending any appeal.

12 CAR § 20-107 Withdrawal of authorization {#sec-12-car-20-107 omnilex-key=us-ar-regs-official--title-12-part-20--12 CAR § 20-107}

12 CAR § 20-107. Withdrawal of authorization.

(a)(1) The Director of the Division of Arkansas State Police may withdraw authorization from a municipal police department to patrol any controlled-access facilities for good cause.

(2) In withdrawing any authorization, the director will consider the factors set out in 12 CAR §§ 20-104 and 20-105 above.

(b) If any municipal police department which has been authorized by the director to patrol controlled-access facilities fails to abide by this part, abuses police power in patrolling such controlled-access facilities, or if that department’s assistance to the Division of Arkansas State Police is no longer needed, such authorization may be withdrawn.

(c) The director shall provide his or her reasons, in writing, to any municipal police department whose authority to patrol controlled-access facilities is withdrawn.

12 CAR § 20-108 Appeal process {#sec-12-car-20-108 omnilex-key=us-ar-regs-official--title-12-part-20--12 CAR § 20-108}

12 CAR § 20-108. Appeal process.

The appeal process applies only to municipal police departments which have been granted authorization to patrol controlled-access facilities and such authorization is withdrawn.

12 CAR § 20-109 Appeal procedure {#sec-12-car-20-109 omnilex-key=us-ar-regs-official--title-12-part-20--12 CAR § 20-109}

12 CAR § 20-109. Appeal procedure.

(a)(1) A municipal police department whose authority has been withdrawn by the Director of the Division of Arkansas State Police to patrol controlled-access facilities may appeal the decision.

(2) A written or electronic notice of appeal shall be filed in the director’s office within ten (10) days of receipt of notification that the authority has been withdrawn.

(b)(1) Once an appeal has been filed with the director’s office, the director may personally hear the appeal or may designate a hearing officer to hear the appeal and make recommendations to the director for a final order.

(2) The appeal hearing shall be held in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

(c)(1) Filing the notice of appeal does not automatically stay the withdrawal of authority for the municipal police department to patrol the controlled-access facilities.

(2) If a stay of authorization is not granted, the hearing on the appeal should be held within forty-five (45) days of the filing of the notice of appeal unless for good cause a party requests a continuance.

(3) A final order should be entered within a reasonable time after the conclusion of the hearing and/or the submission of other pleadings submitted post-hearing.