116.00.09 Ark. Code R. 001

Current through Register Vol. 49, No. 9, September, 2024

Rule 116.00.09-001 - Registration of International Student Exchange Visitor Placement Organizations

1.00Authority

1.01 The Arkansas Secretary of State's authority for promulgating this rule is pursuant to Ark. Code Ann. § 6-18-1705.

1.02 This rule shall be known as the rule for the Registration of International Student Exchange Visitor Placement Organizations

2.00Purpose

2.01 The purpose of this rule is to provide a procedure to implement Act 966 of 2009 also known as the "International Student Exchange Visitor Placement Organization Registration Act"

3.00Definitions

3.01 Terms defined in A.C.A. 6-18-1703 shall apply in this rule.

3.02 "Act" means the Arkansas International Student Exchange Visitor Placement Organization Act - Act 966 of 2009

3.03 "Foreign Entity" means any corporation, limited liability company, or other business entity whether for profit or not-for-profit organized under laws other than the laws of the State of Arkansas.

3.04 "Host family" means the family residing in the State of Arkansas with whom the international student exchange visitor resides during his or her period of academic study.

3.05 "International student exchange visitor" or 'student" means any foreign national who:

(a) Is eighteen years of age or under, or up to the age of twenty-one; and

(b) Is engaged in full-time participation in a prescribed course of study in this state conducted by any secondary public or private institution of learning; and

(c) Has been selected to participate in an exchange visitor program sponsored by an international student exchange visitor placement organization; and

(d) Enters the state of Arkansas with a nonimmigrant visa.

3.06 "Local representative" means a natural person who is responsible on behalf of an international student exchange visitor placement organization for:

(A) The selection of a suitable host family for the placement of a foreign exchange student;

(B) The enrollment of a foreign exchange student in a local public or private school; and

(C) The periodic monitoring of the foreign exchange student and his or her living conditions and educational progress

3.07 "Local representative address" means the physical street address of the local representative.

3.08 'Secretary of State" means the Arkansas Secretary of State or any employee of the Secretary of State acting under the authority of the Secretary of State.

3.09 "Nonimmigrant visa" means a visa category used by nonresident aliens whose primary purpose for visiting the United States is to study full time at an approved institution.

4.00 General

4.01 Every organization required by the provisions of the Arkansas International Student Exchange Visitor Placement Organization Registration Act of 2009 (Arkansas Code 6-18-1001 et. seq.) shall, prior to placing a foreign exchange student with a host family or in a public or private school in this state, obtain a valid certificate of registration from the Arkansas Secretary of State.

4.02 Registration shall not be considered or be represented as an endorsement of the organization by the Secretary of State or the State of Arkansas.

5.00 Place of Filing.

The addresses to be used for delivery and receipt of mail are:

5.01 Mailing Address shall be the mailing address of the Business and Commercial Services Division of the Arkansas Secretary of State.

5.02 Physical Address shall be the physical address of the Business and Commercial Services Division of the Arkansas Secretary of State.

5.03 The telephone numbers to be used for inquiries relating to this Act and to be disclosed by the organization as required by the Act are: (501) 682-3409 or 1-888-233 -0325.

6.00 Time of Registration and Renewal

6.01 The initial registration and annual renewals shall be filed with the Secretary of State by January 1 immediately preceding the next regular school year in which the organization proposes to place a foreign exchange student.

6.02 The Secretary of State shall issue a certificate of registration to the organization by February 1 if the application is in order.

7.00 Service of Process and Service of Notices

7.01 The organization shall be required for the purpose of service of process and service of notices to provide the name, address, and telephone number of an officer or employee of the organization authorized to receive and accept service of process and service of notices.

7.02 In addition the organization shall provide a statement indicating that if service of process and service of notices cannot be reasonably given to the officer as provided by the organization, service of process and service of notices shall be effected by service upon the Secretary of State. Service of process or service of notice to the Secretary of State shall be delivered to "Attention: Legal Division" at the address indicated above.

8.00 Application for Registration

8.01 All registration applications shall be submitted in the manner and on the form(s) prescribed by the Secretary of State.

8.02 The application for registration as an international student exchange visitor placement organization shall include the following information:

(1) The name, address, and telephone number of the organization, its chief executive officer, and the person within the organization who has primary responsibility for supervising placements within the state;

(2) Evidence of the organization's most recent listing with the Council on Standards for International Educational Travel, by submitting a copy of the CSIET's Approval for Listing Letter showing current registration.

(3) Evidence of the organization's federal income tax exemption status, if applicable, by submitting the appropriate letter from the Internal Revenue Service;

(4) A statement of compliance declaring that all monetary and nonmonetary compensation paid to employees who are residents of Arkansas has been reported in accordance with current state income tax law. if the organization has paid employees;

(5) A list of the organization's placements in Arkansas for the previous academic year, including the number of students placed, their home countries, the school districts in which they were placed if placed in a public school or the private school in which they were placed, and the length of time of their placements;

(6) The organization's most recent brochure describing its programs;

(7) Evidence that students participating in the exchange program has health and accident insurance from the time of departure from home to the time the student returns to his or her home country, by providing evidence of the agreement or contract between the organization and the insurance carrier(s).

(8) The names, addresses, and telephone numbers of the organization's local representatives for Arkansas; and

(9) A sample copy of an actual informational document which must be provided to each student, host family, and school principal of the school in which the student is being placed as required by the Act.

8.03 If any of these requirements do not apply to the organization, an explanation concerning the requirement shall be provided.

8.04 The application must be signed by the chief executive officer of the organization and the person within the organization who has primary responsibility for supervising placements within the state of Arkansas.

9.00 Change of Information on Application

Organizations that have registered shall inform the Secretary of State of any changes in the information required by the Act within thirty (30) days of the change.

10.00 Annual Renewal of Registration

10.01 No later than January 1 immediately preceding the next regular school year in which the organization proposes to place a foreign exchange student, the organization shall file a renewal of registration with the Secretary of State, by completing the registration requirements. Such renewal of registration shall be effective for one calendar year. If an organization registers with the Secretary of State after January 1 of the calendar year, the effective date of the registration will be the date that the registration is approved by the Secretary of State, and the registration will expire at the end of the same year.

10.02 Organizations may file an application for renewal up to 90 days prior to the expiration period. Failure of the Secretary of State to notify the organization of renewal does not relieve the organization's obligation to file renewal documents. Organizations that do not have an approved and filed registration may not place students in the upcoming school year.

11.00 Fees for Registration

11.01 Organizations required to register under this Act shall pay an initial registration fee of one hundred fifty dollars ($150).

11.02 Organizations required to file renewal of registration under this Act shall pay an annual renewal fee of fifty dollars ($50).

11.03 A notification of change of information required under this Act shall be accepted without fee so long as the organization has current registration status.

12.00 Public Records

12.01 The information provided the Secretary of State under this Act is a public record and shall be open to inspection and copying by any citizen of the State of Arkansas during the regular business hours of the Secretary of State's office.

12.02 Such inspections shall at all times be subject to the control and supervision of an employee of the Office of the Secretary of State. Federal Identification, social security numbers and student's personal information are not subject to inspection or release.

13.00 United States Department of State

An international student exchange visitor placement organization shall submit evidence that the organization has been approved by the United States Department of State for the placement of foreign exchange students.

14.00 Local Representative

An international student exchange visitor placement organization shall submit a statement of compliance stating it will have a local representative who lives within one hundred twenty miles of the host families of his or her assigned students.

15.00 List of Registered Organizations

Each year following the end of the registration deadline, the Secretary of State shall publish a list of international student exchange visitor placement organizations registered to place foreign exchange students in host homes. The list will be published on the Secretary of State's web site and will be also be available in a printed format.

16.00 Registration Applications.

Any application received by the Secretary of State which is not on the prescribed form, is incomplete, unsigned, illegible, or does not include all required fees, information and documents, as required by the Act, shall not be accepted for filing. Upon successful filing the Secretary of State shall send a copy of the filed certificate of registration with a receipt for the fees to the organization.

17.00 Informational Document

International student exchange visitor placement organizations that provide services to place students in this state shall provide prior to arrival to each student, host family, and school principal of the school in which the student is being placed, an informational document in English that shall include the items required by the Act.

18.00 Termination and Expiration

18.01 Registrations of organizations shall be terminated when any of the following circumstances set forth occur:

(a) Voluntary termination. An organization may voluntarily terminate its registration by notifying the Secretary of State of such intent. The organization's registration shall terminate upon such notification.

(b) Failure to apply for renewal of registration. Failure to apply for renewal of registration will result in the automatic expiration of the organization's registration. If expired, the organization must apply for a new registration. The effective date of the new registration will be the date that the registration is approved by the Secretary of State, and the registration will again expire at the end of the same calendar year.

18.02 An organization that fails to register as required or that submits false or incorrect information to the Secretary of State in filing statements required, whether or not the statement or report is verified, shall be prohibited from placing students in this state during the following academic year.

19.00 Foreign Entities.

Any foreign corporation, foreign limited liability company or other foreign entity applying for registration under this Act shall be registered to transact business in this state and be in "good standing."

20.00 Sole Proprietorships and Partnerships

Any sole proprietorship or partnership applying for registration under this Act, using a dba, fictitious, assumed or designated name shall provide evidence of the filing of that name with the appropriate county clerk.

21.00 Requests by Secretary of State.

Organizations shall furnish all information, reports, documents, books, files and other records requested by the Secretary of State on all matters related to the registration of the international student exchange visitor placement organization.

22.00 Effective Date

The effective date of this rule shall be December 31, 2009

116.00.09 Ark. Code R. 001

12/16/2009