010.05 -002 Information for
Public Guidance
The mailing address and telephone number for the Elevator
Safety Division is:
Elevator Safety Division
Arkansas Department of Labor
10421 WestMarkham Street
Little Rock, AR 72205
(501) 682-4538
The Department of Labor makes available a list of persons
holding certain responsibilities for handling FOIA requests, licensing
questions, and complaints against licensees so that the public may obtain
information about the agency or make submissions or requests. The names,
mailing addresses, telephone numbers, and electronic addresses can be obtained
from the agency's office or website.
The agency has a list of official forms used by the agency and
a list of all formal, written statements of policy and written interpretative
memoranda, and orders, decisions and opinions resulting from adjudications,
which may be obtained from the agency's office or website. The Department of
Labor's website is http://www.labor.ar.gov/. The Elevator
Safety Division's website is:
http://www.labor.ar.gov/divisions/Pages/elevatorlnspectionFermits.aspx.
Copies of all forms used by the agency, written statements of policy and
written interpretive memoranda, and all orders issued by the agency may be
obtained from the agency's office.
Amendment 2. Rule
010.05 -006(D), dealing with
rule-making, is amended to read as follows:
D.
Filing with Legislative
Council
Thirty (30) days before the public-comment period ends, the
agency will file with the Legislative Council the text of the proposed rule or
amendment as well as a financial impact statement and any additional
information as may be required by the Legislative Council as provided by Ark.
Code Ann. §
10-3-309.
Amendment 3. Rule
010.05 -006(G)(1), dealing with
rule-making, is amended to read as follows:
G.
The Decision to Adopt a Rule
1. The board will not finalize language of
the rule or decide whether to adopt a rule until the period for public comment
has expired and the proposed rule has been reviewed and approved by the
Legislative Council or other legislative committee pursuant to Ark. Code Ann. §
10-3-309.
Amendment 4. Rule
010.05 ~006(M), dealing with
rule-making, is amended to read as follows:
M.
Filing
1. After the board formally adopts a new rule
or amends a current rule or repeals an existing rule, and after the rule change
has been reviewed and approved_by the Legislative Council, the agency staff
will file final copies of the rule with the Secretary of State, the Arkansas
State Library, and the Legislative Council or as otherwise provided by Ark.
Code Ann. § 25-14-204.
2. Proof of
filing a copy of the rule, amendment, or repeal with the Secretary of State,
the Arkansas State Library, and the Legislative Council will be kept in a file
maintained by the Legal Division of the Arkansas Department of Labor.
3. Notice of the rule change will be posted
on the agency website.
Amendment 5. Rule
010.05 -007(C), dealing with
emergency rule-making, is amended to read as follows:
C.
Effective Date of
Emergency Rule1. The board shall not
finalize an emergency rule or file an emergency rule with the Secretary of
State for adoption until the emergency rule has been approved under Ark. Code
Ann. §
10-3-309.
2. The emergency rule will be effective
immediately upon filing, or at a stated time less than ten (10) days
thereafter, if the agency finds that this effective date is necessary because
of imminent peril to the public health, safety or welfare. The agency will file
with the rule the board's written findings justifying the determination that
emergency rule-making is appropriate and, if applicable, the basis for the
effective date of the emergency rule being less than ten (10) days after the
filing of the rule pursuant to Ark. Code Ann. §
25-15-204(e).
The agency will take appropriate measures to make emergency rules known to
persons who may be affected by them.
Amendment 6. Rule
010.05 -010(N), dealing with
license renewal, is amended to read as follows;
N.
License Renewal and Reinstatement,
Generally1. A license may be renewed
within six (6) months after the date of expiration by paying the renewal fee
and a late fee of twenty dollars ($20), provided the licensee is otherwise
qualified for renewal. If a license is not renewed within six (6) months after
the date of expiration, the licensee shall be required to take a new
examination. An applicant for renewal or reinstatement shall not be required to
take an examination if the applicant meets the requirements for reciprocity
pursuant to Rule
010.05 -010(0).
2. A license will not be issued or renewed if
there is an unpaid fine or fee due the agency. Further, failure to pay any fine
or fee may result in license suspension or revocation.
3. Reinstatement
a. Notwithstanding any rule to the contrary,
an individual may seek reinstatement under this subsection, Rule
010.05 -010(N)(3), provided the
applicant for reinstatement demonstrates that he or she:
i was previously licensed by the board at any
time;
ii. was licensed in good
standing at the time of licensing;
iii did not have his or her license revoked
for: an act of bad faith or a violation of law, rule or ethics;
iv. is not holding a suspended or
probationary license in a sister state; and v, passes a licensing examination
if the applicant's license has been expired for more than six (6) months.
b. Continuing education
requirements apply to a reinstated licensee in the same manner as other
licensees.
c. An applicant for
reinstatement shall not be required to comply with the requirements of Rule
010.05 ~010 (N)(3) if the applicant meets
the requirements for reciprocity pursuant to Rule
010.05 -010(0).
d. The Department of Labor's Code Enforcement
Manager shall review and decide on any application for reinstatement in order
to expedite the process. The decision of the Code Enforcement Manager is
subject to review by the board upon written request by the
applicant.
Amendment 7. Rule 010,05-010(R), dealing with a
grandfather provision, is amended to read as follows:
R.
Active duty service members,
returning military veterans, and spouses
1. As used in this rule, "returning military
veteran" means a former member of the United States Armed Forces who was
discharged from active duty under circumstances other than
dishonorable.
2. Temporary license
a. An individual who is the holder in good
standing of a substantially equivalent license in another state, shall be
issued a temporary license of the same class while completing the application
process for full licensure, provided the individual is one of the following:
i. an active duty military service member
stationed in the State of Arkansas;
ii. a returning military veteran applying
within one (1) year of his or her discharge from active duty; or
iii. the spouse of a person under Rule
010.05 -010(R)(2)(i) or (ii)
above.
b. A temporary
license under this rule shall expire on its face in thirty (30) days, although
it is subject to renewal until a final administrative decision on full
licensure is made.
c. If a full
license is granted and the license fee paid, the license shall expire on
January 31, regardless of the date of issue or renewal.
3. The Department of Labor's Code Enforcement
Manager shall review and decide on the application of any individual under Rule
010.05 -010(R) in order to
expedite the process. The decision of the Code Enforcement Manager is subject
to review by the board upon written request by the applicant.
4. When considering an application for full
licensure of an active duty military service member stationed in the State of
Arkansas or a returning military veteran applying within one (1) year of his or
her discharge from active duty, the Code Enforcement Manager or board shall:
a. consider whether or not the applicant's
military training and experience is substantially similar to the experience
required by Rule
010.05 -010(K) through (M)for the
class of license being sought; and
b. accept the applicant's military training
and experience in lieu of the experience required by Rule
010.05 -010(K) through (M) if the
Code Enforcement Manager or board, as applicable, determines the military
training and experience is a satisfactory substitute.
5. A license held by an active duty military
service member deployed outside the State of Arkansas or his or her spouse
shall not expire until one hundred eighty (180) days following the active duty
military service member's or spouse's return from active deployment. The
licensee must submit proof of deployment and deployment dates.
6. Continuing education
a. An active duty military service member
deployed outside the State of Arkansas or his or her spouse shall have an
additional one hundred eighty (180) days to obtain the eight (8) hours of
continuing education required by Rule
010.05 -010(Q), dating from:
i. the two (2) years provided by
010.05 -010(Q); or
ii. the date of return to active duty,
whichever is longer. For this option, the licensee must submit proof of
deployment and deployment dates.
b. A returning military veteran discharged
from active duty or his or her spouse shall have an additional one hundred
eighty (180) days to obtain the eight (8) hours of continuing education
required by
010.05 -010(Q), dating from:
i. the two (2) years provided by Rule
010.05 -010(Q); or
ii. the expiration of one (1) year from the
date of discharge, whichever is longer. For this option, the licensee must
submit proof of the discharge date.
Amendment 8. Rule
010.05 -020(C), dealing with
history of the board's rule-making, is amended to read as follows:
C.
History1. The Elevator Safety
Board first promulgated regulations effective August 27, 1963, These
regulations were amended effective May 8, 1964; May 4, 1965; July 1,1968; April
1,1969; May 19, 1969; September 19,1969; and July 1,1975.
2. All previous rules and regulations of the
Elevator Safety Board were repealed and new rules and regulations were adopted
effective February 1,1994.
3. All
previous rules and regulations of the Elevator Safety Board were repealed and
new rules and regulations were adopted effective September 1,2006.
4. Effective June 1,2008, Regulation
010.05 -011 was amended to adopt
ASME A17.1-2007 and ANSI/ASSE A10.4-2007.
5. Effective March 1,2017, the following
rules and regulations of the board were amended: Rule
010.05 -002 (Information for
public guidance); Rule 010.05-006 (Rule-making); Rule 010.05-007 (Emergency
rule-making); Rule 010.05-010 (Licensing); and Rule 010.05-020 (Repealer,
Effective Date and History).
