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1994 Arkansas Attorney General Reports and Opinions 1 (1994)

handle is hein.sag/sagar0068 and id is 1 raw text is: STATE OF ARKANSAS Office of the Attorney General Winston Bryant Telephone: Attorney General (501) 682-2007 Opinion No. 94-103 June 23, 1994 Mr. Frank G. Adams, President Cossatot Technical College P. 0. Box 960, Hwy. 70 West DeQueen, Arkansas 71832 Dear Mr. Adams: This is in response to your request for an opinion on the following questions concerning the use of personal vehicles to transport the technical college's staff members, students, or clients: 1. When using a personal vehicle on official state business, is the staff person an agent of the state and thus comes under the state's liability rather than personal liability? 2. In cases where a student or client has no means of getting to or from a class or counseling session and a staff member transports them, is the staff person personally liable for the student? You state that some area agents for insurance companies have indicated that if a member of your staff transports another employee, a student, or client as an agent of the state (agency employee), the personal vehicle insurance may be void. In response to your first question, assuming that the staff person was acting nonmaliciously and in the course and scope of employment for the state, it is my opinion that personal liability is, as a general matter, unlikely. Arkansas Code Annotated S 19-10-305 (Cum. Supp. 1993) states in relevant part: Officers and employees of the State of Arkansas are immune from liability and from suit, except to the extent that they may be covered by liability 200 Tower Building, 323 Center Street e Little Rock, Arkansas 72201-2610

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