STAFF REPORT ON LICENSING / REGULATORY AGENCIES

EXHIBIT E

STAFF REPORT ON LICENSING / REGULATORY AGENCIES

PREPARED FOR THE

GOVERNMENT ACCOUNTABILITY AND EFFICIENCY REVIEW SUBCOMMITTEE

OF THE

JOINT COMMITTEE ON STATE AGENCIES AND GOVERNMENTAL AFFAIRS

March 13, 2006

Prepared By The Research Services Division Bureau of Legislative Research

TABLE OF CONTENTS

PAGE

Report Objectives ......................................................................................... 1 Disclaimers ..................................................................................................... 1 Summary of Findings .................................................................................. 2 Summary of Research ......................................................................................... 3 Possible Alternatives for Subcommittee Consideration........................................ 3 Agencies Reviewed: Arkansas Appraiser and Licensing Certification Board ........................................ 4 Arkansas Board of Dispensing Opticians............................................................. 5 Arkansas Board of Examiners in Counseling....................................................... 6 Arkansas Board of Health Education ....................................................................7 Arkansas Board of Hearing Instrument Dispensers ............................................. 8 Arkansas Board of Podiatric Medicine ..................................................................9 Arkansas Board of Private Investigators and Private Security Agencies ........... 10 Arkansas Cemetery Board................................................................................. 11 Arkansas Dietetics Licensing Board .................................................................. 12 Arkansas Fire Protection Licensing Board ......................................................... 13 Supporting Research Schedules: Schedule 1 - Summary of State Approaches for Professional Licensing ...... 14-17 Schedule 2 - General Features of Centralized Regulatory Approach ................ 18 Schedule 3 - General Features of Licensing Agencies Reviewed ..................... 19 Schedule 4 - Summary of Regulatory Agencies Reviewed................................ 20 Schedule 5 - Summary of Licensing Agencies' Positions and Costs in Arkansas ............................................................................. 21-23 Schedule 6 - Costs of Professional Licensing Agencies in Other States ........... 23 Schedule 7 - States with Central Administrative Hearing Panels....................... 24

Appendix: Summary of Staff Procedures............................................................................ 25

1

STAFF REPORT ON LICENSING / REGULATORY AGENCIES

REPORT OBJECTIVES This report has been prepared by the Research Services Division of the Bureau of Legislative Research to provide limited staff analysis on the applicable review criteria provided by Act 2218 of 2005. In particular, the objectives of our review were to:

Determine whether agency objectives and services are consistent with authorizing legislation.

Assess the utilization and results of agency services based upon statistical information and other available information and compare to selected other states.

Determine whether the agency operates in an efficient manner.

To identify any considerations relevant to potential consolidation, transfer of programs or possible duplications of services for consideration by the Subcommittee.

Identify any significant areas of concern relating to applicable administrative and regulatory review criteria.

To summarize features of the operations of regulatory agencies in Arkansas and compare the operation of regulatory agencies in Arkansas to other states.

DISCLAIMERS Our review was not intended to be a performance audit under applicable governmental auditing standards. We have attempted to identify the sources of information presented in the report. Due to limited staff resources and the limited scope of our review, data has not been independently verified.

2

SUMMARY FINDINGS:

AUTHORIZATION OF SERVICES

Services provided by all of the agencies reviewed appear consistent with authorizing legislation.

UTILIZATION AND RESULTS OF AGENCY SERVICES

Services of the agencies reviewed are being utilized. Statistics for each agency are presented on pages 4-14.

EFFICIENCY

o The operating costs of each agency reviewed were modest. Comments on each specific agency are presented on pages 4-14. Additionally, some considerations relevant to the use of technology and fiscal procedures are summarized on page 21. Of particular note is the general reliance on the DFA Service Bureau for entry of agency transactions into the AASIS System (8 of 10 agencies reviewed) and the lack of on-line services by some of the agencies reviewed.

o As discussed more fully throughout this report, many states accomplish similar licensing and regulatory functions using one or more umbrella agencies to provide general administrative support services to the various regulatory boards.

POTENTIAL CONSOLIDATION, DUPLICATION OR PROGRAM TRANSFER

o See comment above and supporting research schedules regarding the use of umbrella administrative support agencies in other states.

o A Fire Protection Board regulating only individuals and companies installing portable fixed fire protection systems or sprinkler systems was not noted with same regularity in other states as the other Boards reviewed.

REGULATORY AND ADMINISTRATIVE REVIEW

A number of states utilize central administrative hearing agencies to separate the functions of an agency making regulations and handling compliance hearings relating to such regulations. See Schedule 7, page 25.

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SUMMARY OF RESEARCH

o Thirty states (and additionally the District of Columbia) have one or more umbrella agencies providing support services to licensing boards. Many of the states that use this approach separate business professions and occupations from health care professions. As a generalization, the use of technology to provide services to licensees and citizens seemed more advanced than was noted in the review of the agencies presented in this report. See Schedule 1 for a synopsis of the states using an umbrella approach and a list of states that predominately have autonomous licensing agencies.

o Eighteen states were noted as having a centralized administrative hearing agency or office. It was common to find that the type of cases heard included matters pertaining to professional licensure (although this was not found in every state). See Schedule 7, page 25.

POSSIBLE OPTIONS FOR COMMITTEE CONSIDERATION / ACTION

o Continue current model of each regulatory agency operating autonomously (and as a separate budget unit).

o Expand central support services to provide standardized licensing software / procedures and standardized information technology services such as on-line renewals and searchable database of licensees, while generally maintaining the separate status of each agency.

o Continue the boards with further deliberation by the Subcommittee regarding the possible consolidation of the boards into one or more umbrella agencies. Additional steps might include the development of a business plan prepared by the Executive branch identifying options, timeframes and other considerations related to such a transition.

o Further deliberation by the Subcommittee regarding the creation of an independent hearing office for regulatory matters, including matters pertaining to professional licensing boards.

o In addition to the options above, consider the potential to combine the functions of the Fire Protection Board with another board or agency dealing with fire prevention and protection matters or with contractors in general.

Source of Information for Statistical and Fiscal Data: Agency Report submitted to the Subcommittee

4

ARKANSAS APPRAISER LICENSING AND CERTIFICATION BOARD PURPOSE: Licensing and regulation of Real Estate Appraisers FY05 STATISTICS:

Number of Licensees

Number of Investigations

Number of Hearings / Reviews

Number of Sanctions

1327 58 83 23

FY06 BUDGET SUMMARY

Positions (authorized) 3 Personnel $213,403 Operating Costs 159,678 Board Member Per Diem 9,000 Total $382,081

FUNDING SOURCES: License fees, seminar registration, interest, miscellaneous REVIEW CRITERIA REVIEW FINDINGS Assessment of need and utilization of agency services

Services are needed and are being utilized.

Agency objectives, extent to which they have been achieved, any additional functions and related authority.

Agency seems to be meeting objectives.

Potential duplication and possible consolidation

No duplication noted.

Regulatory

Administrative Procedures Act applicable. Report indicates that hearing officers are used for formal hearings.

Administrative (EEOC, procurement policies, conflict of Interest, FOI)

No significant issues noted.

Efficiency

See Schedule 4, page 21 and Summary of Findings for applicable comments.

Whether changes are needed in state statutes

See Possible Options Discussion.

Effect of federal intervention or loss of federal funds if agency is abolished

Title XI of the Federal Financial Institutions Reform, Recovery and Enforcement Act (12 U.S.C, 331 et. seq.) requires the use of state licensed / certified appraiser for federal transactions.


5

ARKANSAS BOARD OF DISPENSING OPTICIANS

PURPOSE: License and regulate dispensing opticians (includes laboratory work and

dispensing of eyeglasses, spectacles or related parts on the written prescriptions of ophthalmologists or optometrists).

FY05 STATISTICS:

Number of Licensees



Number of Sanctions

555 3 3

FY06 BUDGET SUMMARY

Positions (authorized) 2 Personnel $15,771 Operating Costs 24,100 Board Member Per Diem Total $39,871

FUNDING SOURCES : License fees REVIEW CRITERIA REVIEW FINDINGS Assessment of need and utilization of agency services






Regulatory

Administrative Procedures Act applicable. Report indicates that services of an investigator may be obtained if needed.



Efficiency





Not applicable.


6

ARKANSAS BOARD OF EXAMINERS IN COUNSELING PURPOSE: Licensing and regulation of Counselors and Marriage and Family

Therapists.

FY05 STATISTICS: Number of Licensees



Number of Sanctions

1025 14 4 4

FY06 BUDGET SUMMARY

Positions (authorized) 3 Regular, 2 Extra Help Personnel $117,367 Operating Costs 78,760 Board Member Per Diem Total $196,127

FUNDING SOURCES: License fees REVIEW CRITERIA REVIEW FINDINGS Assessment of need and utilization of agency services






Regulatory

Administrative Procedures Act applicable. Report indicates that Arkansas a leader in this area.



Efficiency

See Schedule 4, page 21 and Summary of Findings for applicable comments. Noteworthy that the Board provides on-line renewals and will soon add on-line testing / grading services. Board contracts with INA for web site maintenance.




Not applicable.


7

BOARD OF HEALTH EDUCATION PURPOSE: Certification and regulation of persons who hold themselves under the title of Certified Health Education Specialist (CHES) or Certified Public Health Educator (CPHE). FY05 STATISTICS:

Number of Licensees



Number of Sanctions

55 1 0 0

FY06 BUDGET SUMMARY Positions (authorized) Personnel Operating Costs $225.00 Board Member Per Diem Total $225.00







Regulatory

Administrative Procedures Act applicable.



Efficiency





Not applicable.


8

ARKANSAS BOARD OF HEARING INSTRUMENT DISPENSERS PURPOSE: Licensing and regulation of persons fitting or dispensing hearing

instruments.




Number of Sanctions

74 1 1 0

FY06 BUDGET SUMMARY

Positions (authorized) 3 Personnel $15,071 Operating Costs 10,044 Board Member Per Diem Total $25,115







Regulatory




Efficiency





Not applicable.


9

ARKANSAS BOARD OF PODIATRIC MEDICINE PURPOSE: Licensing and regulation of podiatric physicians. FY05 STATISTICS:

Number of Licensees



Number of Sanctions

107 0 0 0

FY06 BUDGET SUMMARY Positions (authorized) 0 Personnel Operating Costs $4,948 Board Member Per Diem Total $4,948

FUNDING SOURCES : License and testing fees, fines. REVIEW CRITERIA REVIEW FINDINGS Assessment of need and utilization of agency services






Regulatory




Efficiency





Not applicable.


10

ARKANSAS BOARD OF PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES

PURPOSE: Licensing and Regulation of private investigators and private security agencies. FY05 STATISTICS:

Number of Licensees



Number of Sanctions

135 78 67 21

FY06 BUDGET SUMMARY Positions (authorized) Personnel $255,747 Operating Costs 176,038 Board Member Per Diem Total $431,785

FUNDING SOURCES : License fees and fines REVIEW CRITERIA REVIEW FINDINGS Assessment of need and utilization of agency services






Regulatory




Efficiency





Not applicable.


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ARKANSAS CEMETERY BOARD PURPOSE: Regulation of companies operating perpetual care cemeteries, including ensuring the physical care of the cemeteries and the financial soundness of companies operating them. FY05 STATISTICS:

Number of Licensees



Number of Sanctions

98 96 3 4

FY06 BUDGET SUMMARY

Positions (authorized) 0 Personnel * (see note below) Operating Costs $74,425 Board Members Stipends 1,500 Loans 50,000 Total $125,925

* Staff support provided by Arkansas Securities Department FUNDING SOURCES: Fees REVIEW CRITERIA REVIEW FINDINGS Assessment of need and utilization of agency services





The provision of support services by the Arkansas Securities Department (as authorized by ACA 20-17-1027) appears unusual.

Regulatory




Efficiency





Not applicable.


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ARKANSAS DIETETICS LICENSING BOARD PURPOSE: Licensing and regulation of dietitians. FY05 STATISTICS:

Number of Licensees



Number of Sanctions

584 0 0 0

FY06 BUDGET SUMMARY Positions (authorized) 1 (part time) Personnel $23,137 Operating Costs 8,229 Board Member Per Diem Total $31,366

FUNDING SOURCES: License Fees, Seminar Registration, Interest, Miscellaneous REVIEW CRITERIA REVIEW FINDINGS Assessment of need and utilization of agency services






Regulatory




Efficiency





Not applicable.


13

ARKANSAS FIRE PROTECTION LICENSING BOARD PURPOSE: Licensing and regulation of persons and businesses selling or installing

portable fixed fire protection systems or sprinkler systems.




Number of Sanctions

500 11 3

FY06 BUDGET SUMMARY Positions (authorized) 2 Personnel $ 69,383 Operating Costs 40,725 Total $110,108

FUNDING SOURCES : Fees REVIEW CRITERIA REVIEW FINDINGS Assessment of need and utilization of agency services

Services are needed and are being utilized. See remarks under "Potential duplication and possible consolidation" below.




No duplication noted. However, a separate Board regulating sprinkler or other fire suppressant systems was not consistently noted in a limited review of selected states. In some instances, this type of service appeared to fall under the applicable Contractor Board. Instances were also noted of regulation by a Fire Safety or Prevention Division that included the State Fire Marshal.

Regulatory




Efficiency





Not applicable.

Schedule 1

Source of Information: Review of Agency web sites 14

SUMMARY OF STATE APPROACHES FOR PROFESSIONAL LICENSING

State

Regulatory Agency

No. of Regulated

Professions/Occupations

On-line

Services Availability

Alaska Division of Corporations, Business and Professional Licensing of the Department of Commerce, Community and Economic Development

40+ professions or occupations

Searchable database

Colorado Division of Regulations within the Department of Regulatory Agencies

On-line renewals

Connecticut Department of Consumer Protection (includes contractors, architects, engineers, pharmacists and many trades such as plumbing, electrical, elevator, manufactured homes - does not include health care, accountancy, etc.) Department of Public Health (includes nursing, dental, physicians, EMT, cosmeticians, barbers, etc.)

17 boards, 181 license or registration types, about 208,000 licenses and registrations 181,000+ licensees reported for 2005 calendar year

Searchable database; on-line renewal pending Searchable database

Delaware Division of Professional Licensure within the Department of State

32 boards or commissions, approximately 50,000 licensees overall (7,817 new licenses and16,854 renewals reported for FY 2004)

On-line renewals

District of Columbia

Business and Professional Licensing Administration of the Department of Consumer and Regulatory Affairs

72,000 licensees, 127 occupations and license categories, 18 professional boards and commissions

On-line renewals

Florida Department of Business and Professional Regulation Department of Health - Medical Quality Assurance

1 million licensees, 200 license types 22 boards, 6 councils or committees - six types of facilities and 40+ professions

On-line renewals On-line renewals

Georgia Professional Licensing Boards Division within the Office of the Secretary of State

380,000 licensees, 64 trades or professions, 34 boards

On-line renewals

Hawaii Professional and Vocational Licensing Division of the Department of Commerce and Consumer Affairs

45 professions and vocations, 25 professional boards

On-line renewals

Idaho Some boards are separate; however, there is a Bureau of Occupational Licensing serving approximately 20 boards

Schedule 1


State

Regulatory Agency

No. of Regulated


On-line


Illinois Division of Professional Regulation within the Department of Financial and Professional Regulation

(Includes business, occupational and health related disciplines)

On-line renewals

Indiana Indiana Professional Licensing Agency 24 Health related boards or commissions and 15 business or occupational boards or commissions

On-line renewals

Iowa Professional Licensing Division within the Department of Commerce Bureau of Professional Licensure with the Department of Health Some boards are independent, such as Medical Examiners, Nursing, and Pharmacy

6 Boards (regulating Accountancy, Architects, Engineers & Land Surveyors, Real Estate, Real Estate Appraiser, Landscape Architects) approx. 34,000 licensees 19 boards or examiners for health related professions, approximately 90,000 individuals

On-line renewals

Maine Office of Licensing and Registration within the Department of Professional and Financial Regulation

On-line renewals

Maryland Support for health related professions by the Department of Health and Mental Hygiene; Division of Occupational and Professional Licensing within the Department of Labor, Licensing and Regulation


Massachusetts Division of Professional Licensure within the Office of Consumer Affairs and Business Regulations

330,000 licensees, 40+ trades and professions and 29 boards

Does not appear to be available

Michigan Bureau of Health Professions within the Department of Community Health Bureau of Commercial Services (Licensing Division) within the Department of Labor and Economic Growth

19 health related boards 27 professions or occupations


Missouri Division of Professional Registration within the Department of Economic Development

39 licensing boards and commissions involving approximately 400,000 licensees

On-line renewals

Schedule 1


State

Regulatory Agency

No. of Regulated


On-line


Montana Two bureaus with the Department of Labor and Industry: Business and Occupational Licensing Bureau and the Health Care Licensing Bureau

On-line renewals

New Mexico Regulation and Licensing Department 29 boards and commissions

On-line renewal for a few of the professions

New Jersey Division of Consumer Affairs (of Office of the Attorney General) within the Department of Law and Public Safety

41 boards and committees, 80 professions, approximately 600,000 licensees

On-line renewal for a few professions

New York Office of the Professions (within the Education Department) Department of State - Division of Licensing Services

31 professions

Pennsylvania Bureau of Professional and Occupational Affairs of the Department of State

27 professional and occupational boards and commissions

On-line renewals

Rhode Island Department of Business Regulation (Banking, Insurance, Securities, Accountancy, Real Estate and a number of occupations) Department of Health - Office of Health Professionals Regulation

Administrative and Regulatory functions for 35 boards in 65 health occupations, involving approximately 72,000 individuals

Searchable database

South Carolina Department of Labor, Licensing and Regulation, Division of Professional and Occupational Licensing

37 professional and occupational licensing boards

Searchable database

Tennessee Division of Regulatory Boards of the Department of Commerce and Insurance Department of Health - Division of Health Related Boards

22 boards and commissions (generally not health care, except for inclusion of the Board of Pharmacy); approximately 650,000 licensees Administrative support to 26 boards, committees or councils

On-line renewals

Schedule 1


State

Regulatory Agency

No. of Regulated


On-line


Utah Division of Occupational and Professional Licensing within the Department of Commerce

Approximately 60 professional boards, approximately 151,000 licensees

On-line renewals

Vermont Office of Professional Regulation - Secretary of State 40 professions Not noted

Virginia Virginia Department of Professional and Occupational Regulation (an agency with the Commerce and Trade Secretariat) Department of Health Professions

30+ professions through 19 boards 300,000+ licensees 13 health related boards

On-line renewal On-line renewal

Washington Department of Licensing (certain business professions and occupations) Health Professions Quality Assurance Office within the Department of Health

27 professions and occupations involving approximately 225,000 individuals or businesses (Health Care) 270,000 + health care providers, 57 health care professions, 16 boards and commissions, 8 advisory commissions.

On-line renewal Searchable database

Wisconsin Department of Regulation and Licensing Approximately 27 boards On-line renewal

Wyoming Professional Licensing Division within the Department of Administration and Information

Supports or operates with 31 licensing boards

Not noted

States with Autonomous Regulatory Boards

Alabama Kentucky Nevada Oklahoma Arkansas Louisiana New Hampshire Oregon Arizona Minnesota North Carolina South Dakota California Mississippi North Dakota Texas Kansas Nebraska Ohio West Virginia

Schedule 2

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GENERAL FEATURES OF CENTRALIZED REGULATORY APPROACH

A. LEGISLATION - Provisions for the authority and duties of the centralized or umbrella oversight agency and the authority of the respective licensing boards. Typically followed by a chapter for each respective profession.

B. INDIVIDUAL BOARDS - Continue to exercise responsibilities for determining qualifications and continued good standing in a particular profession.

C. ADMINISTRATIVE DUTIES OF OVERSIGHT AGENCY OR AGENCY PROVIDING CENTRALIZED ADMINISTRATIVE SUPPORT MAY INCLUDE THE FOLLOWING: o funds management o licensing application and record-keeping (searchable database) o periodic reporting of statistical information o arrangements for examinations o centralized investigative services o monitor Board actions for compliance with the Administrative

Procedures Act o adjustment of license costs to cover expenses

D. IMPLEMENTATION ALTERNATIVES NOTED AMONG THE STATES:

o Separate regulatory and licensing department

o Separate division or office within one or more Executive agency; frequently involving the grouping of business and occupational disciplines in one agency and health care disciplines in another agency

o Some types of professions licensed by the Secretary of State in a couple of states

o At least one case noted of administrative support provided by the general state government finance and administration agency

Schedule 3

19

GENERAL FEATURES OF LICENSING BOARDS REVIEWED

A. Each licensing agency a separate agency reporting to the Governor.

B. Cash fund agencies funded by fees paid by licensees.

C. A separate appropriation bill for each licensing agency (involves assignment of analyst(s) at DFA - Office of Budget and the Bureau of Legislative Research, separate biennial budget hearings.

D. Separate audits by the Division of Legislative Audit. Lack of control over cash transactions due to limited number of staff a common finding in smaller boards.

E. Most licensing agencies dependent upon DFA Service Bureau for entry of financial transactions into AASIS.

F. Varying levels of the use of technology with regard to on-line services and lack of standardization of licensing software. No centralized statewide electronic service for checking licensure status for all professions.

G. Investigations typically carried out by the staff of a particular board or under the oversight of a particular board.

H. Most boards in Arkansas follow Administrative Procedures Act for hearings with assistance available from the Attorney General's Office (A few Arkansas boards follow rules other than Administrative Procedures Act rules and some agencies utilize in-house or outside Counsel). Board decisions can be appealed to a circuit court.

Schedule 4

Source of Information: Agency Report submitted to the Subcommittee 20

SUMMARY OF REGULATORY AGENCIES REVIEWED AGENCY NUMBER OF

LICENSEES OR

REGULATED ENTITIES

NUMBER OF

SANCTIONS FY05

LICENSING SOFTWARE

USED

ON-LINE LICENSE

RENEWAL (YES/NO)

DEPENDENT UPON AASIS

SERVICE BUREAU

SEGREGATION OF DUTIES FINDING IN

LAST AUDIT REPORT (YES/NO)

Arkansas Appraiser Licensing and Certification Board

1327 23 OUTSOURCED TO DIS

YES YES Yes (Year ended June 30, 2004)

Arkansas Board of Dispensing Opticians

555 3 Q & A NO YES Yes (Two year period ended June 30, 2003)

Arkansas Board of Examiners in Counseling

1025 4 OUTSOURCED TO INA

YES (CONTRACT WITH INA)

YES No - (Year ended June 30, 2004)

Arkansas Board of Health Education

55 0 NONE NO YES Separate Audit Report Not Found

Arkansas Board of Hearing Instrument Dispensers

74 0 NONE NO YES Yes - (Two year period ended June 30, 2004)

Arkansas Board of Podiatric Medicine

107 1 (2004) NONE NO YES Yes (Two year period ended June 30, 2003)

Arkansas Board of Private Invest. & Private Security Agencies

135 21 FOXPRO NO No (through Arkansas State Police )

Separate Audit Report Not Found

Arkansas Cemetery Board

98 4 NONE REPORTED

NO NO (through Securities Department)

No - For the year ended June 30, 2004

Arkansas Dietetics Licensing Board

584 0 NO (report cites issue of

related documents

YES Yes (Two year period ended June 30, 2003)

Arkansas Fire Protection Licensing Board

500 3 MICROSOFT ACCESS

DATABASE

NO YES Yes (Two year period ended June 30, 2003)

Schedule 5

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SUMMARY OF LICENSING AGENCIES' POSITIONS AND COSTS IN ARKANSAS For the Year Ended June 30, 2005

Agency Name FY05 Actual

Regular Salary

Positions

FY05 Actual

Extra Help Positions

FY05 Expenditures

Abstractor's Board of Examiners 1 0 $ 25,462.28

State Board of Public Accountancy 7 1 631,767.13

State Board of Acupuncture and Related Techniques

0 0 7,612.13

Board of Examiners of Alcoholism & Drug Abuse Counselors

0 0 17,642.99

Arkansas Appraiser Licensing and Certification Board

3 0 327,000.75

State Board of Architects 3 0 298,716.91

Arkansas Athletic Commission 0 1 53,551.98

Arkansas State Board of Athletic Training

0 0 7,647.24

State Auctioneer's Licensing Board 1 0 124,186.23

Professional Bail Bondsman Licensing Board

3 0 217,024.98

State Board of Barber Examiners 3 1 176,409.23

Arkansas Burial Association Board 3 0 187,176.05

Arkansas Cemetery Board 0 0 76,641.29

Arkansas State Board of Chiropractic Examiners

1 1 128,101.61

State Board of Collection Agencies 5 1 335,419.01

Contractor's Licensing Board 16 0 1,241,352.37

State Board of Cosmetology 10 0 538,256.33

Board of Examiners in Counseling 3 0 161,560.60

State Board of Dental Examiners 3 0 292,103.04

Arkansas Dietetics Licensing Board 1 0 23,172.38

State Board of Disease Intervention Specialists*

0 0 120.00

State Board of Dispensing Opticians 1 1 36,381.80

Arkansas State Board of Embalmers & Funeral Directors

1 0 114,360.59

Schedule 5

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Agency Name

FY05 Actual

Regular Salary Positions

FY05 Actual


FY05 Expenditures

Arkansas State Board of Registration for Professional Engineers

4 0 639,281.50

Arkansas Fire Protection Licensing Board

2 0 89,356.06

Board of Registration for Foresters 0 0 15,696.22

Board of Registration for Professional Geologists

1 0 47,468.89

Arkansas Board of Hearing Instrument Dispensers

0 1 20,576.34

State Board of Health Education 0 0 214.43

Arkansas Home Inspector Registration Board*

0 0 13,512.64

Arkansas State Board of Registered Interior Designers

0 0 4,039.37

Arkansas State Board of Landscape Architects

0 0 23,191.65

Arkansas Manufactured Home Commission

5 0 285,929.99

Arkansas State Board of Massage Therapy

2 0 73,743.49

State Medical Board 33 1 2,278,763.00

Arkansas State Board of Nursing 22 0 1,522,143.93

State Board of Optometry 2 0 116,961.83

State Board of Pharmacy 8 1 854,892.07

Arkansas State Board of Physical Therapy

2 1 136,081.25

Arkansas Board of Podiatric Med. 0 0 984.72

State Board of Private Career Education

4 3 246,994.82

State Board of Examiners in Psychology

2 0 168,753.72

Arkansas Real Estate Commission 15 1 989,878.89

State Board of Sanitarians 0 0 2,933.27

Social Work Licensing Board

1 0 75,831.16

Schedule 5

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Agency Name

FY05 Actual

Regular Salary Positions

FY05 Actual


FY05 Expenditures

Arkansas State Board of Registration for Professional Soil Classifiers

0 0 708.84

Ark. Bd. of Examiners in Speech Pathology & Audiology

1 0 84,502.91

Arkansas Title Insurance Agents' Licensing Board

1 0 56,737.92

Arkansas Towing and Recovery Board

3 0 98,485.20

Veterinary Medical Examining Board 1 3 84,335.73

Grand Total 174 17 $12,953,666.76 Source of Information: Positions and expenditures data provided by the Department of Finance and Administration for agencies selected by the Bureau of Legislative Research. Schedule 6

COSTS PROFESSIONAL LICENSING AGENCIES IN OTHER STATES

STATE FY05 POSITIONS

FY05 EXPENDITURES

FUNDING SOURCES

UTAH Division of

Occupational and Professional

Licensing

99

$6,773,120

Dedicated license

fees

MISSOURI Division of

Professional Registration

220.4 FTE *

$11,750,617 License fees - no state general

funds

SOUTH CAROLINA Division of

Professional and Occupational

Licensing

165 FTE

$9,616,686

No state general

funds

*Some of these positions are still associated with particular agencies. Source of information: State Budget Offices

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Schedule 7

STATES WITH CENTRAL ADMINSTRATIVE HEARING PANELS

ALABAMA Administrative Hearings Division within the Office of the Attorney General

CALIFORNIA Office of Administrative Hearings of the Department of General Services

COLORADO Office of Administrative Courts within the Department of Personnel and Administration

FLORIDA Division of Administrative Hearings within the Department of Management Services

GEORGIA Office of State Administrative Hearings

IOWA Division of Administrative Hearings- Iowa Department of Inspections and Appeals

LOUISIANA Division of Administrative Law (Independent state agency - professional and occupational boards appear to be exempt)

MARYLAND Office of Administrative Hearings

MASSACHUSETTS Division of Administrative Law Appeals within the Executive Office of Administration and Finance

MICHIGAN State Office of Administrative Hearings and Rules within the Department of Labor and Economic Growth

MISSOURI Missouri Administrative Hearing Commissions in Office of Administration

NEW JERSEY New Jersey Office of Administrative Law (state agency)

NORTH CAROLINA Office of Administrative Hearings

NORTH DAKOTA Office of Administrative Hearings

OREGON Office of Administrative Hearings within the Employment Department (also hears cases from licensing boards)

SOUTH CAROLINA Administrative Law Court

TEXAS State Office of Administrative Hearings

WASHINGTON Office of Administrative Hearings

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APPENDIX

SUMMARY OF STAFF PROCEDURES

o Determine whether agency objectives and services are consistent with authorizing legislation.

o Assess the need and results of agency services based upon statistical information and other available information and compare to selected other states.

o Summarize key points and supporting information to support conclusions regarding efficiency and identify areas of significant concerns.

o Research the structure and programs of similar agencies in other states.

STAFF REPORT ON LICENSING / REGULATORY AGENCIES

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