27 CAR Part 53 — Driver’s License Testing Fraud

Chapter III

Subchapter A

Subpart 1

27 CAR § 53-101 Purpose {#sec-27-car-53-101 omnilex-key=us-ar-regs-official--title-27-part-53--27 CAR § 53-101}

27 CAR § 53-101. Purpose.

The purpose of this part is to:

(1) Define driver's license testing fraud; and

(2) Establish penalties for such fraud as provided by Arkansas Code § 27-16-705(c).

27 CAR § 53-102 Definitions {#sec-27-car-53-102 omnilex-key=us-ar-regs-official--title-27-part-53--27 CAR § 53-102}

27 CAR § 53-102. Definitions.

A person commits driver's license or instruction permit examination fraud if during any written or electronic examination process for a driver's license or instruction permit the person:

(1) Possesses or uses written or electronic answers to the examination during the examination process;

(2) Uses any electronic communication device to communicate with a person who is not:

(A) Employed by the Division of Arkansas State Police; and

(B) In a position that is assisting in the administration of the examination;

(3) Writes down any question contained on the examination during the examination process with the intent to leave the testing center with the question or otherwise transmit the data; or

(4) Uses any electronic device to record, capture, access data, or transmit any portion of the examination during the examination process.

27 CAR § 53-103 Procedures {#sec-27-car-53-103 omnilex-key=us-ar-regs-official--title-27-part-53--27 CAR § 53-103}

27 CAR § 53-103. Procedures.

(a) Any person violating any portion of 27 CAR § 53-102:

(1) On the first offense will receive a suspension that bars the person from the privilege of taking the driver's license or instruction permit examination for forty-five (45) days;

(2) On the second offense will receive a suspension of ninety (90) days; and

(3) On the third offense and each successive offense will receive a suspension of one hundred eighty (180) days.

(b)(1) All suspensions will be recorded in the Division of Arkansas State Police’s driver’s license/commercial driver’s license testing system.

(2) The system will display a red flag when a suspended person attempts to retake a test at another location when their name is entered into the system.

27 CAR § 53-104 Severability {#sec-27-car-53-104 omnilex-key=us-ar-regs-official--title-27-part-53--27 CAR § 53-104}

27 CAR § 53-104. Severability.

Any section or provision of this part held by a court to be invalid or unconstitutional will not affect the validity of any other section or provision of this part.