(a)

1. (1) Satisfaction of the minimum requirements does not guarantee that a towing business will be placed on the list.

2. (2) The Troop Commander has discretion to:

   1. (A) Monitor the number and capacity of towing businesses on a list; and
   2. (B) Decline to add a towing business when the list is sufficiently full.
3. (3) Towing businesses that are declined may reapply the following year.

(b) Any towing business that wishes to be placed on a towing rotation list shall meet the following requirements before being placed on a towing rotation list:

1. (1)

   1. (A) Each towing business shall be:

(i) Approved by the Arkansas Towing and Recovery Board; and

1. (ii) Licensed to engage in the nonconsent towing business.

   1. (B) Each tow vehicle must have a current tow vehicle safety permit (decal issued by the board) affixed to the windshield;
2. (2) Each tow vehicle shall display a current vehicle license plate indicating the vehicle is properly registered for gross weight as set forth under Arkansas law;

3. (3)

   1. (A) Each company shall submit a signed, completed copy of the attached Nonconsent Price List.
   2. (B) The towing company shall adhere to this list until a new list is submitted by that company and accepted by the Troop Commander.
   3. (C) The towing company must be able to accept payment at the incident scene, or the next safe location away from the scene, in the form of cash and debit/credit card at a minimum;

4. (4) Secure area for storage:

   1. (A) Secure fence at least six feet (6 ft.) in height or more secure area subject to the approval of the Troop Commander or his or her designee;
   2. (B) Adequate lighting of the entire storage area; and
   3. (C) Clearly marked with name of towing business;

5. (5)

   1. (A) A towing operator will be ineligible if he or she has one (1) or more of the following convictions:

      1. (i) A felony, Class B or higher;
      2. (ii) A felony, Class D or C within the last seven (7) years;
      3. (iii) A theft-related misdemeanor within the last three (3) years;
      4. (iv) A sex-related misdemeanor within the last five (5) years; or
      5. (v) A violent misdemeanor within the last three (3) years.
   2. (B) A towing operator who has multiple prior misdemeanor convictions will be considered on a case-by-case basis.
   3. (C) The Troop Commander shall have complete discretion when weighing the desire of the towing company to be placed on the list against public confidence in the Division of Arkansas State Police’s tow list.
   4. (D) “Towing operator” is defined as a person, firm, corporation, or partnership engaged in the business of providing towing, road service, and storage services for motor vehicles;

6. (6)

   1. (A) Any tow vehicle being utilized by the towing business shall have the name of the towing business permanently affixed to the vehicle.
   2. (B) Magnetic signs shall not be used;
7. (7) The towing business shall be willing to provide towing, storage, or other related services at all hours;

8. (8)

   1. (A) The towing business shall have a phone number listed in the name of the towing business and, in addition, have a phone number at which the towing business can be contacted after business hours.
   2. (B) During normal business hours, the towing business shall have someone available at the business for administrative matters, and for the release of motor vehicles or other related items stored at the request of the division.
   3. (C) After normal business hours, a person shall be on-call to provide said services;

9. (9)

   1. (A) The towing business shall provide reasonable accommodations for after-hour release of stored vehicles or the release of personal property, in accordance with Arkansas Code § 27-50-1208, in stored vehicles or other related storage.
   2. (B) Once the division releases any hold on personal property not affixed to the towed vehicle, the towing company, unless they can show just cause, shall release personal property to the rightful owner.
   3. (C) Nothing herein shall be construed to require a towing business to forfeit or relinquish its possessory lien as established under Arkansas law; and

10. (10)

    1. (A) A towing business owner may not own a second wrecker company within the same towing zone.

    2. (B) Two (2) or more towing businesses in the zone cannot share:

       1. (i) An address;
       2. (ii) Offices; or
       3. (iii) A storage facility.
    3. (C) Each towing business must have at least one (1) primary towing operator assigned to the business who does not tow for any other towing business.