(a) System control.

1. (1) Although individual agencies retain certain responsibilities for their own records, overall system discipline and adherence to standards is required.

2. (2) Under Arkansas law, the Arkansas Crime Information Center (ACIC) is authorized to:

   1. (A) Control system use;
   2. (B) Enforce standards; and
   3. (C) Ensure that all users follow procedures.

(b) Authority of agents.

1. (1) ACIC Information Agents are authorized by Arkansas Code § 12-12-210.
2. (2) These agents provide technical assistance, system auditing, and training to criminal justice agencies and officials.

3. (3) In addition, these agents may:

   1. (A) Initiate investigations into the use or misuse of information from the ACIC, National Crime Information Center, or National Law Enforcement Telecommunications System systems;
   2. (B) Take statements, interview, or otherwise compile information;
   3. (C) Order the suspension of direct access pending correction of detected problems; and
   4. (D) Develop written reports to:

(i) Departmental officials;

1. (ii) The Director of the Arkansas Crime Information Center; or

   1. (iii) A prosecuting attorney when appropriate.

      1. (c) Violations. When a violation of this part has been committed, or appears to have been committed:
2. (1) An investigation will be initiated to determine the nature and extent of the alleged violation;
3. (2) The chief official of the agency, or ranking officer in charge at the time, will be contacted and given an opportunity to correct or explain the alleged violation, unless the violation requires immediate action; and

4. (3) Appropriate sanctions will be imposed if a violation has been substantiated and remains uncorrected.

   1. (d) Sanctions.

5. (1) An unsatisfactory resolution of a violation may result in one (1) or more of the following:

   1. (A) Removal of certain records from the state and national systems;
   2. (B) Suspension of ACIC service to an agency on a temporary basis, until corrective action is taken to the satisfaction of ACIC;
   3. (C) Revocation of the authority of specific individuals to operate an ACIC access device;
   4. (D) Termination of ACIC service to an agency on a permanent basis; or
   5. (E) Prosecution of an individual or individuals.
6. (2) Under Arkansas Code §§ 12-12-212 and 12-12-1002, unauthorized use of ACIC is a felony.

(e) Appeal procedure.

1. (1) Any recommendation or findings by an ACIC Information Agent may be appealed to the director.
2. (2) Any action by the director may be appealed to the Supervisory Board for the Arkansas Crime Information Center.
3. (3) An administrative appeal may be requested by written notice to the director or the Chair of the Supervisory Board for the Arkansas Crime Information Center.
4. (4) Appeals to the supervisory board will be considered at a special meeting or at the next regular meeting following receipt of the appeal request.