(a)

(1) The Arkansas Towing and Recovery Board shall promulgate rules to establish a complaint process for the removal or suspension of a towing company from the nonconsent rotation list or imposition of fines for violation of a recognized nonconsent rotation policy upon receiving a request from a law enforcement agency.

(2) The board shall consider the following in making the determination to remove or suspend a towing company from the nonconsent rotation list:

(A) Whether the law enforcement agency's nonconsent rotation policy is reasonable; and

(B) The severity of the violation.

(3) The board may issues fines in addition to removal or suspension of a towing company from the nonconsent rotation list.

(4)

(A) A towing company may be suspended from the nonconsent rotation list for a first-time violation of the law enforcement agency's policy for up to fifteen (15) days.

(B)

(i) A second offense may result in a suspension of up to thirty (30) days by the law enforcement agency.

(ii) The law enforcement agency may request a hearing before the board for additional sanctions which may include a longer period of suspension from the nonconsent rotation list and a fine.

(C) A third offense may result in a suspension of a towing company from the nonconsent rotation list for up to one (1) year and a fine.

(b)

(1) Except as provided under subdivision (b)(3) of this section, law enforcement shall establish a nonconsent rotation policy.

(2) An adopted nonconsent rotation policy shall be reasonable and reflect the day-to-day operations of a towing company in the immediate area.

(3) A law enforcement agency is not required to establish a nonconsent rotation policy required by subdivision (b)(1) of this section if:

(A) The law enforcement agency has an existing nonconsent rotation policy or nonconsent towing service contract in place; and

(B) The provisions of this section would have a negative impact on the law enforcement agency or nonconsent towing service contract.

(4) A law enforcement agency shall provide each towing company that participates in the nonconsent rotation with a copy of the policy and each towing company operator shall acknowledge in writing that he or she has received a copy of the policy.

(c)

(1) A towing company participating in a nonconsent rotation policy administered by law enforcement shall be licensed and permitted by the board.

(2) Failure to properly license or renew with the board shall result in an immediate suspension until all permits are obtained.

(3) In addition to any law enforcement nonconsent rotation policy, a tow operator shall comply with all of the statutes and rules administered by the board.

(d) Following a suspension period of six (6) months or longer a towing company must reapply for a position on the nonconsent rotation list.

(e) Nothing in this act or rule adopted by the board shall be construed to prohibit a law enforcement agency, city, or county from:

(1) Enforcing any local nonconsent towing policies, rules, ordinances, or contracts;

(2) Removing a towing company from the local towing rotation list; or

(3) Assessing a fine, penalty, or other remedy available by law or under its contracts or policies.