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Section III  Transport Service Firm Rules and Regulations
(A) Licensure
(1) No Transport Service Firm headquartered or having an office in the state of Arkansas shall operate in this state without a current, valid license issued by the Board.
(2) Application for licensure as a Transport Service Firm shall be made on forms provided by the Board, identifying the ownership and the General Manager of the Firm.
(3) A license for the operation of a Transport Service may be issued by the Board if the Board finds:
a. That the firm is under the general management and supervision of a person approved by the Board.
(a) The General Manager of a Transport Service Firm must provide the Board with three (3) sworn statements from responsible persons, one of which must be the manager of a funeral establishment licensed by the Board, attesting to the moral character and reputation of the General Manager of the Firm.
(b) The General Manager of a Transport Service Firm must be of good moral character and reputation and must be at least twenty-one (21) years of age.
(c) The name of the General Manager of the Transport Service Firm shall be reported annually to the Board.
(d) Should the General Manager of a Transport Service Firm leave the employment of the Firm during the year for any reason, the Transport Service Firm shall notify the Board of his or her leaving within ten (10) working days and of the name of the new General Manager within thirty (30) working days. Any new General Manager shall meet all Board requirements for that position.
b. That any person employed by a Transport Service Firm as a driver is:
(a) Of good moral character.
(b) Eighteen years of age or older, and
(c) The holder of a valid driver's license as issued by the appropriate state of Arkansas agency.
c. Vehicles used by the Transport Service Firm are suitable for the purposes for which they are being used by the Firm in the transport of the human dead.
(a) Vehicles must be of adequate size and interior space.
(b) Vehicles used may at no time transport more than the number of bodies they are designed to accommodate.
(c) Vision from the outside of each transport vehicle into the area designed for transporting the dead must be restricted by tinting, curtains, shades, or other suitable means.
(d) A passenger vehicle such as a sedan may not be used except for transporting infants.
(e) A pickup truck with camper shell cover may only be used in extreme conditions caused by decomposition and odor or by extreme weather conditions or terrain.
(f) All vehicles must be kept clean and sanitary and maintained in good and serviceable condition.
(B) All Transport Service Firms shall carry liability insurance coverage of not less than Five Hundred Thousand Dollars ($500,000.00). Coverage shall specifically include that incurred from the transport of the human dead. Proof of required insurance shall be provided to the Board prior to issuance of an original or renewal license.
(C) When a Transport Service Firm is sold or changes ownership, the license in effect shall be honored for the new owner until that license has expired. Upon expiration, a new license shall be issued in the name of the new firm if said firm complies with all applicable laws, rules, and regulations. Change of ownership applications shall be made on forms provided by the Board within thirty (30) days of finalization of the change of ownership.
(D) The Board shall grant or deny each application for a Transport Service Firm within thirty (30) days after it is filed. No applicant may operate a Transport Service Firm until notification by the Secretary of the Board that a license has been or will be issued.
(E) Transport Service Firm licenses and renewal licenses shall be issued under this section upon application, receipt of proof of required insurance, and after approval of the Board. All licenses expire on December 31st of each year and must be renewed by January 31st.
(1) An application fee shall accompany each application for licensure or renewal.
(2) Renewal of all Transport Service Firm licenses must be made on or before January 31st of each year and must be accompanied by the annual renewal fee.
(3) Licenses not renewed by January 31st of any year shall be considered delinquent and may be grounds for disciplinary action by the Board.
(F) The General Manager of a Transport Service Firm may hire such employees as may be needed to assist him or her in providing the service of a Transport Service Firm. Said General Manager is responsible for the supervision and performance of his or her employees and agents in the course of providing the services of a Transport Service Firm. License invalidation procedures may be brought against the Firm and its General Manager because of the acts or omissions of their employees and agents which violate any applicable law or the rules and regulations of the Board.
(G) A Transport Service Firm may only act at the request of and as the agent of a licensed Funeral Establishment or its representative.
(H) A Transport Service Firm is prohibited from providing shelter, care, or custody of the human dead except as provided in by law and in these and the other rules and regulations of the Board. This does not prohibit a licensed funeral director or embalmer acting as an agent and at the request of a licensed funeral establishment or its representative from providing those services.
(I) Holders of Funeral Establishment licenses issued by the Board are exempt from any requirement to hold a separate Transport Service Firm license.
(J) The dignity of the deceased person shall be respected at all times by the Transport Service Firm and its personnel.
(K) Acceptance of a license issued by the Board gives a Board representative the right to inspect the office of the Transport Service Firm, its vehicles, and the records of the Firm at any time.
(L) The holders of licenses issued by the Board shall also hold current, unexpired licenses issued by all other applicable regulatory agencies. Failure to hold such other licenses or permits shall be considered a violation of these rules and regulations.
(M) When acting as an agent of a funeral establishment or in the course of their normal business, ambulance companies and licensed common carriers (Examples: airlines, freight companies, railroads, etc.) may transport the bodies of the human dead in and through this state without a Transport Service Firm license as issued by the Board.

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