(d) A license for the operation of a transport service may be issued by the board if the board finds that:

1. (1) The firm is owned, managed, and supervised by a person approved by the board;
2. (2) The owner or manager of a transport service firm has provided the board with three (3) letters of reference, one (1) of which must be submitted by the manager of a funeral establishment licensed by the board;
3. (3) The owner or manager of a transport service firm is at least twenty-one (21) years of age;
4. (4) The application was completed on forms provided by the board and accompanied by the required fees; and
5. (5) The application was received by the board at least twenty (20) business days before the board’s next regularly scheduled meeting.

(f)

1. (1) Should the owner or manager of a transport service firm leave the employment of the firm for any reason, the transport service firm shall notify the board of his or her leaving within ten (10) business days and the name of the new manager within thirty (30) business days.
2. (2) Any new manager shall meet all board requirements for that position.

(g) Any person employed by a transport service firm as a driver must:

1. (1) Be at least eighteen (18) years of age;
2. (2) Hold a valid driver’s license issued by the State of Arkansas; and
3. (3) Have an acceptable driving record.

(h)

1. (1) Vehicles used by the transport service firm must be suitable for the purpose for which they are being used by the firm in the transport of the human dead.

2. (2) At a minimum:

   1. (A) Vehicles must be of adequate size and interior space;
   2. (B) Vehicles used may at no time transport more than the number of bodies they are designed to accommodate;
   3. (C) Vision from the outside of each transport vehicle into the area designed for transporting the dead must be restricted by:

(i) Tinting;

1. (ii) Curtains;

   1. (iii) Shades; or

      1. (iv) Other suitable means;
   2. (D) A passenger vehicle such as a sedan may not be used except for transporting infants;
   3. (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; and

   4. (F) All vehicles must be kept clean and sanitary, and maintained in good and serviceable condition.

      1. (i)
2. (1) All transport service firms shall carry liability insurance coverage of not less than five hundred thousand dollars ($500,000) and commercial automobile liability insurance coverage of not less than five hundred thousand dollars ($500,000).
3. (2) The policy shall specifically indicate that the coverage is for the transport of the human dead.
4. (3) Proof of general liability insurance and commercial automobile insurance shall be provided to the board prior to issuance of an original or renewal Type D establishment license.

(j)

1. (1) When a transport service firm is sold or changes ownership, the firm shall notify the board, in writing, at least thirty (30) days prior to the sale or change of ownership.
2. (2) In cases where the name of the firm will not change, the license in effect shall be honored for the new owner until that license expires.
3. (3) If the new owner desires to change the name of the transport service firm prior to license expiration, then the owner shall apply for a license for the firm to be issued in the new name.

(k) When a transport service firm is closed, the board shall be immediately notified of the closing in writing, and the license in force at the time of closure shall be returned to the board office within seven (7) days.

1. (l) If a transport service firm license is revoked, that license shall be returned to the board office within seven (7) days of receipt of the board order revoking the license.

   1. (m)
2. (1) If all requirements are met, the board shall grant each application for the licensure of a transport service firm at the meeting at which the license application was discussed.
3. (2) No applicant may operate a transport service firm until notification from the board that a license has been issued.

(n)

1. (1) 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.
2. (2) All transport licenses must be renewed timely.

(r)

1. (1) The owner or manager of a transport service firm may hire such employees so that services are competently provided.
2. (2) The manger 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.
3. (3) Disciplinary action may be brought against the firm and its owner and manager because of the acts or omissions of the firm’s employees and agents which violate any applicable law or the rules of the board.

(t)

1. (1) A transport service firm is prohibited from providing shelter, care, or custody of the human dead except as provided by law and in this part.
2. (2) This does not prohibit a licensed funeral director or embalmer from acting as an agent and at the request of a licensed funeral establishment or its representative from providing those services.

(u) Holders of funeral establishment licenses issued by the board are exempt from any requirement to hold a separate transport service firm license.

1. (v) The dignity of the deceased person shall be respected at all times by the transport service firm and its personnel.

(w) Acceptance of a license issued by the board gives a board and its representatives the right to inspect the office of the transport service firm, its vehicles, and the records of the firm at any time.

1. (x)
2. (1) License holders shall also hold valid licenses issued by any other applicable regulatory agencies.
3. (2) Failure to hold such other licenses or permits, when necessary, shall be considered a violation of this part.