(a) The Arkansas Towing and Recovery Board shall have the power to take appropriate action and promulgate rules in the manner provided by the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., deemed necessary or desirable to carry out the intent and purposes of Arkansas Code § 27-50-1201 et seq., and to regulate the vehicle immobilization, repossession, nonconsent towing/storage, and consent towing industry, including, but not limited to:

1. (1) Establishing reasonable licensing, insurance, and safety equipment requirements for any person engaged in towing, repossession, recovery, or related storage purposes;
2. (2) Establishing reasonable safety equipment requirements for any tow vehicle or vehicle immobilization service;
3. (3) Establishing procedures to accept and investigate consumer complaints or a board-initiated action for a vehicle owner, lienholder, law enforcement, or insurance company related to any violation associated with a consent or nonconsent tow, recovery, storage, or vehicle immobilization service;
4. (4) Determining and sanctioning excessive or unnecessary towing, recovery, storage, and vehicle immobilization fees charged to consumers;
5. (5) Requiring all entities permitted, licensed, or regulated under Arkansas Code § 27-50-1201 et seq., to provide to the board all documents in response to information requests by the board for the investigation of consumer complaints or board complaints against the licensee within ten (10) business days; and
6. (6) Requiring all entities permitted, licensed, or regulated by Arkansas Code § 27-50-1201 et seq., to maintain a copy of their current maximum rate schedule with the board and to post a copy of their current maximum rate schedule in a conspicuous place that is readily accessible to the public.

(b) The board shall have the authority to license, register, permit, set fees, and establish all requirements and qualifications for all towing business licenses, registrations, endorsements, enhancements, and permits, including without limitation:

1. (1) A consent registration or nonconsent, repossession, or vehicle immobilization business license;
2. (2) A tow vehicle safety permit;
3. (3) Tow vehicle safety equipment requirements;
4. (4) Signage;
5. (5) Tow authorizations; and
6. (6) Any license endorsement or enhancement.

(c)

1. (1) The board shall have authority to impose penalties for late renewal application filings in an amount not to exceed the amount of fees due for the initial application.
2. (2) The penalty for a late license, vehicle immobilization, endorsement, or enhancement renewal application filing shall be five dollars ($5.00) per day, not to exceed the amount due for the renewal.
3. (3) The penalty for a late permit renewal application filing shall be one dollar ($1.00) per day, per permit, not to exceed the amount due for the permit renewal.

(d) The board shall have authority to:

1. (1) Initiate a complaint or to investigate consumer complaints related to any alleged violation of:

   1. (A) Arkansas Code § 27-50-1101 and § 27-50-1201 et seq.; or
   2. (B) Any board rule promulgated pursuant thereto; and
2. (2) Grant and pursue any remedies pursuant thereto.

(e)

1. (1) The board shall have the authority to design and publish application forms for any tow business license, registration, permit, endorsement, or enhancement, and other forms, documents, and applications necessary or desirable to implement this part and to require the filing of same with the board.
2. (2) The Director of the Arkansas Towing and Recovery Board shall keep on file a copy of each application form adopted by the board, referencing minutes of the meeting during which such form is approved.

(g)

1. (1) Any vehicle immobilization, nonconsent towing/storage, repossession, or consent towing business determined by the board, after reasonable notice and opportunity for a fair and impartial hearing held in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., to have committed an act that is in violation of Arkansas Code § 27-50-1101 or § 27-50-1201 et seq., or any rule promulgated pursuant thereto, is subject to:

   1. (A) Civil penalties, including monetary penalties, not to exceed five thousand dollars ($5,000) per offense;
   2. (B) The payment of restitution; and
   3. (C) The suspension or revocation of any license or permit, or both.
2. (2) Each act of violation constitutes a distinct and separate offense.
3. (3) Nothing in this part shall be construed to limit the right to seek judicial review of any determination of the board pursuant to the provisions of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.