27 CAR § 170-114. Suspension from law enforcement nonconsent rotation list

(a) A complaint request from law enforcement to remove or suspend a tow business from the nonconsent rotation list shall include the following: (1) Copy of rotation policy; (2) Copy of complaint; (3) Copy of supporting documentation for allegations; and (4) Signature of the department head. (b) Upon receipt of a complaint request from law enforcement to remove or suspend a tow company from the nonconsent rotation list, the Director of the Arkansas Towing and Recovery Board shall assign the complaint to an investigator to: (1) Timely investigate the complaint; (2) Determine whether the law enforcement agency’s nonconsent rotation policy is reasonable; and (3) Determine the severity of the violation. (c) The Arkansas Towing and Recovery Board may issue fines in addition to removal or suspension of a tow business from the nonconsent rotation list. (d)(1) A tow company may be suspended from the nonconsent rotation list for a first-time violation of the law enforcement agency's policy for up to fifteen (15) days. (2) A second offense may result in a suspension of up to thirty (30) days by the law enforcement agency. (3) A third offense may result in a suspension of a tow company from the nonconsent rotation list for up to one (1) year and a fine. (e) The law enforcement agency may request a hearing before the board for additional sanctions, which may include a longer period of suspension from the nonconsent rotation list and a fine. (f) A nonconsent rotation policy shall comply with Arkansas Code § 27-50-1219. (g) A law enforcement agency shall provide each tow company that participates in the nonconsent rotation with a copy of the policy, and each tow company operator shall acknowledge in writing that he or she has received a copy of the policy. (h)(1) A tow company participating in a nonconsent rotation policy administered by law enforcement shall be licensed and permitted by the board. (2) Failure to properly license or renew with the board shall result in an immediate suspension until all permits are obtained. (i) In addition to any law enforcement nonconsent rotation policy, a tow operator shall comply with all of the statutes and rules administered by the board. (j) Nothing in this part shall be construed to prohibit a law enforcement agency, city, or county from: (1) Enforcing any local nonconsent towing policies, rules, ordinances, or contracts; (2) Removing a tow company from the local towing rotation list; or (3) Assessing a fine, penalty, or other remedy available by law or under its contracts or policies.