As used in this part, unless the context indicates otherwise:
- (1) “Department” means the Department of Finance and Administration;
(2) “Disability” or “person with a disability” means any individual who, as determined by a licensed physician:
- (A) Cannot walk one hundred feet (100') without stopping to rest;
(B) Cannot walk without the use of, or assistance from:
- (i) A brace;
- (ii) A cane;
- (iii) A crutch;
- (iv) Another person;
- (v) A prosthetic device;
- (vi) A wheelchair; or
- (vii) Other assistive device;
- (C) Is restricted by lung disease to such an extent that the person's forced respiratory expiratory volume for one (1) second, when measured by spirometry, is less than one (1) liter, or the arterial oxygen tension is less than sixty millimeters of mercury (60 mm/hg) on room air at rest;
- (D) Uses portable oxygen; or
- (E) Has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association;
(3) “Motor vehicle” means a self-propelled vehicle that is classified as:
- (A) A Class One, Class Two, or Class Three pleasure vehicle as defined under Arkansas Code § 27-14-601(a)(1); or
- (B) A Class One truck as defined under Arkansas Code § 27-14-601(a)(3)(A);
- (4) “Office of Driver Services” means the Office of Driver Services of the Department of Finance and Administration;
- (5) “Office of Motor Vehicle” means the Office of Motor Vehicle of the Department of Finance and Administration;
(6)
(A) “Permanent disability” means a disability that:
- (i) Is determined by a licensed physician to be continuous without the possibility of improvement; and
- (ii) Substantially impacts a person’s mobility.
(B) “Permanent disability” includes:
- (i) A spinal cord injury;
- (ii) A genetic ambulatory disorder;
- (iii) An amputation;
- (iv) Spina bifida;
- (v) Multiple sclerosis;
- (vi) Chronic heart disease; or
- (vii) Any other condition determined by a licensed physician to permanently and substantially impact the person’s mobility;
- (7) “Secretary” means the Secretary of the Department of Finance and Administration; and
- (8) “Temporary disability” means a disability that is determined by a licensed physician to be temporary as opposed to permanent.