Current through Register Vol. 49, No. 2, February
2024
Regulation 1.
The National Electrical Code.
1.1
The Board hereby adopts and incorporates herein the National Electrical Code,
2002 edition of the National Fire Protection Association, effective as of
January 1, 2002.
1.2 The National
Electrical Code, 2002, shall be the standard for the construction,
installation, repair, and maintenance of electrical facilities and the
performance of electrical work.
1.3
In the event there are updates and new editions to the National Electrical
Code, the Board shall, after notice and public hearing, adopt such changes and
editions which it determines are necessary to insure the public health and
safety.
1.4 The statewide standards
shall guarantee a uniform minimum standard for the construction, installation,
and maintenance of electrical facilities and for the performance of electrical
work.
Regulation 2.
Definitions.
2.1 The various
classes of licenses shall be defined as follows:
a. "Master electrician" shall mean an
individual with an unlimited license classification and who is authorized to
plan, lay out, and supervise the installation, maintenance, and extension of
electrical conductors and equipment.
b. "Journeyman electrician" shall mean an
individual who is limited by license classification to install, maintain, and
extend electrical conductors and equipment.
c. "Residential master electrician" shall
mean an individual who is limited by license classification to performing
electrical work for one and two family dwellings, including planning and
supervising the installation, maintenance and extension of electrical
facilities. A residential master electrician may perform electrical work on a
commercial or other project under the direct supervision of a journeyman
electrician or master electrician in the same manner and with the same ratio as
an electrical apprentice.
d.
"Residential journeyman electrician" shall mean an individual who is limited by
license classification to install, maintain, alter, repair, maintain, or
renovate electrical facilities for one and two family dwellings under the
general supervision of a residential master electrician or a master
electrician. A residential journeyman may perform electrical work on a
commercial or other project under the direct supervision of a journeyman
electrician or master electrician in the same manner and with the same ratio as
an electrical apprentice.
e. "Air
conditioning electrician" shall mean an individual who is limited by license
classification to the installation, maintenance, and extension of electrical
conductors and equipment solely for the purpose of supplying heating and air
conditioning and refrigeration units.
f. "Industrial maintenance electrician" shall
mean an individual who is limited by license classification to the repair,
maintenance, alteration, and extension of electrical conductors and equipment
for electrical power and control systems on or within industrial,
manufacturing, or similar type facilities. For employees of industrial
facilities, it is not necessary to possess this or any other class of license.
See Ark. Code Ann. §
17-28-102(a)(2)
and Regulation 3.1.
2.2
"Board" shall mean the Board of Electrical Examiners of the State of
Arkansas.
2.3 "Director" shall mean
the Director of the Arkansas Department of Labor.
2.4 "Electrical Apprentice" means any person
whose principal occupation is the learning of and assisting in the installation
of electrical work under the direct supervision of a journeyman electrician or
master electrician.
2.5 "Electrical
work" means:
a. As defined by Ark. Code Ann.
§§
17-28-101(6)
and
20-31-102(6):
(1) Installations of electric conductors and
equipment within or on public and private buildings or other structures,
including recreational vehicles, and floating buildings, and other premises
such as yards, carnivals, parking and other lots, and industrial
substations;
(2) Installations of
conductors that connect to the supply of electricity; and
(3) Installations of other outside conductors
on the premises.
2.6 "HVACR" shall mean heating, ventilation,
air conditioning and refrigeration.
2.7 "Manager" shall mean any employee:
a. whose primary duty consists of oversight
of the technical and business functions of the electrical company in which he
or she is employed; and
b. who
customarily and regularly directs the work of one or more other employees
therein; and
c. who has a good
working knowledge of electrical theory, electrical materials and equipment, and
electrical installation procedures; and
d. who customarily and regularly exercises
discretion and independent judgment; and
e. who has the authority to hire or fire
other employees, or whose suggestions and recommendations as to the hiring or
firing and as to the advancement and promotion or any other change of status of
other employees, will be given particular weight; and
f. who normally maintains oversight of the
electrical work performed by the electrical company in which he or she is
employed during such time that company holds itself out to perform such
work.
2.8
"Superintendent" shall mean any employee:
a.
whose primary duty consists of oversight of the electrical work performed by
the electrical company in which he or she is employed; and
b. who has a good working knowledge of
electrical theory, electrical materials and equipment, and electrical
installation procedures; and
c.
who customarily and regularly directs the work of one or more other employees
therein; and
d. who has the
authority to hire or fire other employees, or whose suggestions and
recommendations as to the hiring or firing and as to the advancement and
promotion, or any other change of status of other employees, will be given
particular weight; and
e. who
customarily and regularly exercises discretion and independent judgment; and
f. who normally maintains
oversight of the electrical work performed by the electrical company in which
he or she is employed during such time that company holds itself out to perform
such work.
Regulation
3.
Construction and exemptions.
3.1 The licensing requirements of Ark. Code
Ann. §
17-28-101
et seq. shall not apply to the following:
a. The construction, installation,
maintenance, repair, or renovation by any public utility, as that term is
defined by Ark. Code Ann. §
23-1-101(4)(A),
by any rural electric association or cooperative, or by any municipally owned
utility, of any transmission or distribution lines or facilities incidental to
their business and covered under other nationally recognized safety standards,
or to any other such activity when performed by any duly authorized employee,
agent, contractor, or subcontractor of any such public utility, association,
cooperative, or municipally owned utility;
b. The construction, installation,
maintenance, repair, or renovation by any industry of any electric conductors
or equipment or facilities incidental to their business and covered under other
nationally recognized safety standards, or to any other such activity when
performed by any duly authorized employee of such industry;
c. The construction, installation,
maintenance, repair and renovation of telephone equipment, computer systems, or
satellite systems by a person, firm, or corporation engaged in the
telecommunications or information systems industry when such activities involve
low-voltage work exclusively for communication of data, voice, or for other
signaling purposes; including fire alarm systems, security systems and
environmental control systems that are not an integral part of a
telecommunications system;
d. The
construction, installation, maintenance, repair or renovation of any
nonresidential farm building or structure;
e. The construction and manufacture of
manufactured homes covered by the federal Manufactured Home Construction and
Safety Standards Act,
42 U.S.C. §
5401
et seq.; and
f. The performance of electrical work on an
individual's primary residence by that individual, except as otherwise may be
required by state law, regulations, or local ordinance.
3.2 Any holder of a state-issued heating,
ventilation, air conditioning and refrigeration or HVACR license may run line
voltage power wiring, in compliance with the state electric code, from a
disconnect box to an outdoor HVACR unit within a distance not to exceed ten
(10) feet from any point of the HVACR equipment without an electrician's
license.
3.3 Any person licensed by
the Commission on Water Well Construction pursuant to the provisions of Ark.
Code Ann. §
17-50-101
et seq. and subject to that Commission regulations and the
National Electric Code, may run power and control wiring from an existing
disconnect box to water well equipment without an electrician's license.
Alteration of the existing electrical service shall require an electrician's
license.
3.4 An employee of a
hospital may perform minor repairs or make minor alterations to existing
electrical facilities during the normal performance of his duties with a
hospital licensed by the Department of Health without an electrician's
license.
3.5 Nothing in these
regulations shall be construed to require an electrician's license in order to
test, install, repair, maintain or alter machinery and equipment, or the
supervision of such activities, by the manufacturer(s) or vendor(s) of such
machinery and equipment or technicians providing services with respect to such
machinery and equipment.
3.6
Nothing in these regulations shall be construed to require an electrician's
license in order to replace an existing wall switch or receptacle in isolated
incidences.
3.7 Nothing in these
regulations shall be construed to require an electrician's license in order to
perform manual labor, such as pick up, delivery and lay out of materials and
equipment, or to generally maintain the job site in a clean and workmanlike
condition. Manual labor does not include actual use of any tools of the
electrical trade.
Regulation
4.
Operation of the Board of Electrical Examiners. of the
State of Arkansas.
4.1 The board shall,
after public hearing, promulgate such administrative regulations, including
definitions of terms, as it deems appropriate to carry out the purposes of Ark.
Code Ann. §§
17-28-101
et seq. and
20-31-101
et seq. or necessary to prevent the circumvention or evasion
thereof.
4.2 The board shall
annually select one of its members to serve as Chairman of the board and one
other member to act as Vice Chairman.
4.3 The director shall act as Secretary of
the board and shall keep the books and records of the board.
4.4 Meetings of the board shall not be held
on a regular basis, but will take place at such times and places as the
chairman shall specify.
4.5 The
director shall furnish the board with the necessary facilities for the exercise
of its rights and duties.
4.6 Five
members of the board shall constitute a quorum and the majority of those
present in a meeting shall be necessary for the transaction of official
business.
4.7 The board shall
enforce the provisions of Ark. Code Ann. §§
17-28-101
et seq., and may issue, renew, refuse to renew, suspend and
revoke licenses provided for therein.
4.8 The board shall have the power to
establish qualifications for applicants.
4.9 The board hereby establishes a Screening
Committee consisting of four (4) board members appointed by the Chairman. The
Screening Committee shall review and take action on all applications for
licensure, subject to appeal to the full board. The Screening Committee may
refer any application to the board without prior action at its
discretion.
Regulation 5.
Examinations.
5.1 The board
shall make provisions for examinations on the following classes of licenses:
master electrician, journeyman electrician, industrial maintenance electrician,
residential master electrician, residential journeyman electrician, and air
conditioning electrician to be given at least every six (6) months.
5.2 The examination of each class of license
shall be of length and type to ensure proficiency in the tested area. The exact
content of any examination shall be within the discretion of the board. Said
examinations shall be confined to questions, the answers to which will aid in
determining the fitness and competency of the applicant for the intended
service and shall be of uniform grade throughout the state.
5.3 All applications for examination of any
class must be received by the board five (5) business days prior to the date of
the scheduled meeting of the board or its designated committee. After review of
the applications, the board will issue a list of approved applicants eligible
to take the examination. Upon receipt of notification of approval to take the
examination, each applicant must submit the appropriate examination fee in
order to be placed on the examination list.
5.4 Anyone who is not on the list of approved
applicants shall not be entitled to take an examination.
5.5 Any applicant who shall fail to pass the
examination shall be permitted to take the next scheduled examination upon
payment of the required fees. Failure to successfully pass any examination
within six (6) months of board approval will result in a loss of "approved"
status. The applicant must again be reviewed by the board, and may be required
to verify additional training on the National Electrical Code before approval
is granted.
5.6 The board may
recognize the examination scores of individuals who have taken a licensing
examination administered in a state other than Arkansas in lieu of requiring
said individual to take an examination of the same class as authorized by the
board and administered within the State of Arkansas, provided the following
provisions are met:
a. the examination
administered in the sister state is the same examination administered by the
board pursuant to contract with a professional testing service; and
b. the applicant has made application for an
Arkansas license of the same class with the board; and
c. the board has determined that the
applicant has met the minimum requirements to qualify according to Regulations
of the Board of Electrical Examiners; and
d. the applicant has paid the required
examination fee; and
e. the
applicant has submitted proof from the sister state's licensing authority or
from the appropriate testing service that the applicant has passed the
examination as required by the board; and
f. the applicant has made application for the
Arkansas license within one (1) year of passing the required examination or has
maintained the electrician's license obtained as a result of passing the
required examination since the original license was issued; or
g. the applicant is certified by the National
Board of Electrical Examiners and has paid the required fees.
5.7 Persons applying for a license
shall pay the following examination fees as instructed by the director:
a. Master Electrician |
$56.00 |
b. Journeyman Electrician |
$56.00 |
c. Industrial Maintenance Electrician |
$25.00 |
d. Residential Master Electrician |
$56.00 |
e. Residential Journeyman Electrician |
$56.00 |
f. Air Conditioning Electrician |
$56.00 |
Regulation 6.
Qualification for
Examination.
6.1 An applicant for a
master electrician's license shall have:
a. a
degree in electrical engineering plus two (2) years of construction related
experience; or
b. six (6) years
experience in the construction industry, both residential and commercial,
including two (2) years experience as a licensed journeyman electrician; or
c. any combination of training and
experience as the board may approve, such as formal electrical apprenticeship
programs specifically approved by the board, on-the-job training specifically
approved by the board, or a combination of training and construction experience
that is determined by the board to be equivalent to that as specified in
paragraph 6.1(a or b) above.
6.2 An applicant for a journeyman electrician
license shall have:
a. four (4) years (8,000
hours) electrical work experience approved by the board; and
b. a four year combination of training and
experience as the board may approve, such as formal apprenticeship programs
approved by the board, on-the-job-training specifically approved by the board,
public or private electrical training programs, such as those conducted by the
armed forces, colleges, or vocational-technical schools, specifically approved
by the board, or a combination of training and electrical experience that is
determined by the board to be equivalent to that as specified in paragraph
6.2(a) above. or
c. a "Notice of
Apprenticeship Committee Action - Released for Test" form from their training
program if applicable and approved by the Department of Workforce Education.
The applicant may take the examination after completion of four years training
and submission of the approved Released for Test form.
d. Maintenance experience in electrical work
may be considered provided:
(1) the applicant
has completed a BAT-approved construction sponsored apprenticeship program;
and
(2) electrical work must be:
(A) performed under the direct supervision of
an engineer, licensed master electrician, or licensed journeyman electrician;
and
(B) verified and documented in
detail; and
(3)
experience must be either:
(A) four (4) years
(8,000 hours) of verified electrical construction experience; or
(B) six (6) years (10,000 hours) of
electrical maintenance experience with two (2) of those years consisting of
electrical construction experience.
e. Work experience shall be documented by
official transcripts, notarized letters or affidavits from past or present
employers, official letters from other licensing boards detailing the duration
and character of the work, or equivalent evidence that verifies such
experience.
f. Electrically related
classroom instruction, or time spent in electrical school, shall be documented
by submitting to the Arkansas Department of Workforce Education transcripts
from a school or classroom training records from an apprenticeship program as
approved by the board, the U.S. Department of Labor- Bureau of Apprenticeship
Training, and the Department of Workforce Education.
6.3 An applicant for an industrial
maintenance electrician's license shall have:
a. four (4) years experience under the
supervision of an engineer, master electrician, journeyman electrician or
industrial maintenance electrician in the maintenance of electrical conductors
and equipment; or
b. any
combination of training and experience as the board may approve, such as formal
apprenticeship programs approved by the board, on-the-job training specifically
approved by the board, public or private electrical training programs, such as
those conducted by the armed forces, colleges, or vocational-technical schools,
specifically approved by the board, or a combination of training and electrical
maintenance experience that is determined by the board to be equivalent to that
as specified in paragraph 6.3(a) above.
6.4 An applicant for a residential master
electrician's license shall have:
a. three (3)
years experience in the wiring of one (1) or two (2) family dwellings including
one (1) year experience as a licensed residential journeyman; or
b. any combination of training and experience
as the board may approve as being equivalent to that as specified in paragraph
6.4 a. above.
6.5 An
applicant for a residential journeyman license shall have:
a. two (2) years experience in the wiring of
one (1) or two (2) family dwellings; or
b. any combination of training and experience
as the board may approve as being equivalent to that as specified in paragraph
6.5 a. above.
6.6 An
applicant for an air conditioning electrician's license shall have:
a. two (2) years experience in wiring HVACR
equipment; or
b. any combination
of experience and training as the board may approve as being equivalent to that
as specified in paragraph 6.6 a. above.
c. the experience required in paragraph 6.6
a. may be demonstrated by having held for two years:
(1) a HVACR electrician's license issued by
an Arkansas municipality, or
(2) a
HVACR Class A or Class B license issued by the state HVACR Licensing
Board.
6.7
For the purpose of determining experience qualification, the board shall not
consider the following:
a. any experience
obtained in violation of Ark. Code Ann. §
17-28-304
(Repl. 2001); or
b. any experience
obtained in a sister state in violation of that state's licensing or
registration requirements.
Regulation 7.
Licenses.
7.1 Licenses shall expire on the date
indicated on the license. Licenses shall expire on the last day of the month,
one year following the date of issue. Such licenses may be renewed as provided
herein. All licenses originally issued prior to the adoption of this rule shall
continue to expire as indicated on the license.
7.2 Licenses may be renewed for one (1), two
(2) or three (3) years upon a payment of fifty dollars ($50.00) per year for a
master electrician's license; fifty dollars ($50.00) per year for a residential
master electrician's license; twenty-five dollars ($25.00) per year for a
journeyman electrician's license; twenty-five dollars ($25.00) per year for a
residential journeyman electrician's license; twenty-five ($25.00) per year for
an air conditioning electrician's license; and twenty-five dollars ($25.00) per
year for an industrial maintenance electrician's license.
7.3 A license may be renewed within six (6)
months of the expiration date by paying the renewal fees stated in Regulation
7.2.
7.4 A license may be renewed
after six (6) months from the expiration date, by paying the renewal fee stated
in Regulation 7.2 plus a penalty of ten dollars ($10.00) for journeyman
electrician, residential journeyman electrician, air conditioning electrician,
or industrial maintenance electrician, and twenty dollars ($20.00) for master
electrician or residential master electrician.
7.5 If any license is not renewed within a
year after the expiration of such license, the licensee shall be required to
take another examination as authorized by the board. If any grandfather license
is not renewed within a year after the expiration of such license, the licensee
shall be required to take an examination as authorized by the board.
7.6 No person, firm, or corporation licensed
under the provisions of Ark. Code Ann. §
17-28-101
et seq. shall alter, transfer, lend or rent his, her or its
license.
7.7 If any applicant
passing any class of examination does not obtain an initial license within one
(1) year following the last day of the month in which the examination was
taken, the applicant shall be required to take another examination as
authorized by the Board before a license is issued. Grandfather applicants that
have not obtained a license within one (1) year of approval shall be required
to take an examination as authorized by the board.
7.8 An applicant for an electrical
contractor's license shall submit to the board the following:
a. an application on a form approved by the
board; and
b. proof that the
applicant is a licensed master electrician or employs a licensed master
electrician; and
c. if the
applicant is not a master electrician, a statement from the master electrician,
under oath, disclosing the master electrician's affiliation with any other
electrical contractor and verifying that the master electrician is employed as
the superintendent or manager of the applicant contractor.
7.9 Apprentices.
a. An applicant for registration as an
electrical apprentice shall submit the following:
(1) an application on a form approved by the
board;
(2) a registration fee of
ten dollars ($10.00);
(3)
satisfactory proof that the applicant is enrolled in and attending a school or
training course for electrical apprentices certified by the U.S. Department of
Labor, Bureau of Apprenticeship and Training (BAT).
b. Apprentice registration certificates shall
be valid for one (1) year. They shall expire on the last day of the month, one
(1) year from the date of issue.
c.
Apprentice registration certification may be renewed by payment of a ten dollar
($10.00) renewal fee and submission of satisfactory proof of current enrollment
in and attendance of a BAT-approved training program.
d. An individual may continue to register and
work as an electrical apprentice upon release from a BAT-approved program.
However, the apprentice must actively attend training classes until he/she
passes the examination.
e. A
certificate of registration may be revoked by the board for cause. This
includes, but is not limited to the following:
(1) Expulsion from or dropping from the
BAT-approved training program; or
(2) Performing electrical work which is not
performed under the direct supervision of a licensed master or journeyman
electrician.
f. No
journeyman or master electrician shall employ or supervise an electrical
apprentice except at a ratio of no more than one (1) apprentice to one (1)
journeyman or one (1) master electrician at any one time, except as another
ratio may be approved by BAT.
g. No
electrical contractor shall employ an electrical apprentice except to work
under the direct supervision of a journeyman or a master electrician with a
ratio of no more than one (1) apprentice to one (1) journeyman or one (1)
master electrician at any one time, except as another ratio may be approved by
BAT. Upon employing an electrical apprentice to work at the trade, the
electrical contractor/master electrician shall within thirty (30) days register
such apprentice with the board, the Department of Workforce Education and the
U.S. Department of Labor (BAT). The apprentice must begin school no later than
the first full semester following the date of hire. In the event that school
begins more than ninety (90) days from the hire date, the employer shall, in
the interim, provide the apprentice with technically related instruction
pursuant to the guidelines of the U. S. Department of Labor, Bureau of
Apprenticeship and Training.
h. By
memorandum of understanding, the Workforce Education Apprenticeship Office
shall oversee related classroom study of apprentices. Unless officially excused
by the Arkansas Department of Labor, each apprentice released from their
apprenticeship training should make application with the Department of Labor
for the examination within sixty (60) days of their release.
7.10 Temporary licenses.
a. The board shall issue a temporary license
as a master electrician or journeyman electrician for a period of six (6)
months, upon submission by the applicant of the following:
(1) A temporary license fee in the amount of
$50 for a master electrician and $25 for a journeyman electrician;
(2) A completed application on a form
provided by the board; and
(3)
Evidence that the applicant holds a current license of the same classification
issued by another state or has otherwise met the experience qualifications
established in Regulation 6.1 or 6.2.
b. A temporary license may be renewed one (1)
time only for industrial projects upon submission by the applicant of the items
listed in Regulation 7.10 a. above.
Regulation 8.
Revocation, Suspension
and Denial of Licenses.
8.1 The board
shall have the power to revoke or suspend any license or registration for
cause. This includes, but is not limited to, the performance of electrical work
which does not comply with the provisions of the National Electrical Code, as
adopted by the board.
8.2 Any party
who is wronged or damaged by an individual or company licensed by the board in
the performance of electrical work on his, her, or its property may make
written notice of complaint to the board. Such complaint shall detail the
actions of the license holder(s) causing damage to the complainant.
8.3 Upon receipt of a written complaint made
against any party holding a license issued by the board, the Arkansas
Department of Labor Electrical Division staff may investigate said complaint to
ascertain information relating to the complaint. The board may on its own
motion cause a staff investigation of any licensee's compliance with the
provisions of the act or the regulations of the board.
8.4 After investigation, the Arkansas
Department of Labor Electrical Division staff shall determine if the
allegations against any licensee are sufficient to warrant a
revocation/suspension hearing. If such allegations are sufficient to warrant a
hearing, staff shall recommend to the board that a revocation/suspension
hearing take place.
8.5 Any
licensee shall be provided at least twenty (20) days notice of any revocation
or suspension hearing. Such notice may be provided by certified mail to the
address provided to the board by the licensee. Notice shall contain a statement
of the allegations and conform to the requirements of the Administrative
Procedures Act, Ark. Code Ann.
25-15-201 et
seq.
8.6 If the board finds that
the public health, safety, or welfare imperatively requires emergency action,
and incorporates a finding to that effect in its order, summary suspension of a
license may be ordered pending the immediate initiation of formal license
revocation processing under this regulation.
8.7 Any journeyman electrician, residential
journeyman electrician, master electrician, residential master electrician, air
conditioning electrician, or industrial maintenance electrician whose license
has been revoked may make application for a new license after such time as the
board may require on an application form furnished by the board. Said
application shall contain a statement of intent to comply with all pertinent
laws, ordinances, rules, and regulations. The board may issue a new license
after the applicant has passed the prescribed examination, with fees for such
examination being the same as for an initial examination.
8.8 Any applicant who is denied a license or
who is approved for examination for a class of license lower that the class of
license sought, shall be notified of such action by mail at the address
provided by the applicant. The applicant shall have twenty (20) days from the
date of the notice to appeal the denial, or the approval for examination for a
lower class license, to the full board. The applicant shall be provided at
least twenty (20) days notice of the hearing before the full board. Such notice
will be provided by regular mail to the address on the application.
Regulation 9.
Electrical
Civil Monetary Penalties
9.1 Civil
Penalties.
a. Any person, firm, or corporation
that violates provisions of Ark. Code Ann. §
17-28-101
through 310 or Ark. Code Ann. §
20-31-101
through
20-31-105;
or any rule, regulation, or order promulgated by the Board; or any condition of
a license, certificate, or registration issued by the Board shall be subject to
a civil penalty that shall not exceed the following:
(1) Two hundred fifty dollars ($250.00) for a
first offense;
(2) Seven hundred
fifty dollars ($750.00) for a second offense;
(3) One thousand dollars ($1000.00) for a
third offense b. Each day of a continuing violation shall constitute a separate
offense.
c. Assessment
of a civil penalty shall be made no later than two (2) years from the date of
the occurrence of the violation.
d.
The amount of civil penalties will be determined in accordance with 9.2 of
Regulation.
e. In civil penalty
cases, the staff of the Electrical Division of the Arkansas Department of Labor
shall notify the person, firm, or corporation charged with the violation by
Regular Mail of the following:
(1) the type of
violation(s)
(2) the date(s) of the
violation(s)
(3) the amount of the
civil penalty for the violation(s)
(4) the civil penalty determination issued by
the staff shall be final, unless within thirty (30) days after receipt of this
notice, the person, firm, or corporation notifies the Director of the Arkansas
Department of Labor that the person, firm, or corporation contests the penalty;
and
(5) the procedure for
contesting a civil penalty as provided in 9.5 of this Regulation.
f. If the person, firm,
corporation, partnership or association charged with the violation has not
filed notice that he/she contests the civil penalty within thirty (30) days
after receiving notice in accordance with 9.1(e) of this Regulation, the
penalty assessment by the staff of the Electrical Division becomes the final
determination of the Director of Labor.
g. Notice of the civil penalty may also be
delivered in the same manner as summons in civil cases or by hand-delivered
citation by an electrical inspector of the Arkansas Department of
Labor.
9.2 Civil Penalty
Assessment.
a. If upon inspection or
investigation, the Arkansas Department of Labor finds that a person, firm, or
corporation has violated any of the provisions of Ark. Code Ann. §
17-28-101
through 310 or Ark. Code Ann. §
20-31-101
through
20-31-105;
or any rule, regulation, or order promulgated by the Board; or any condition of
a license, certificate, or registration issued by the Board shall be subject to
a civil penalty that shall not exceed the following:
(1) Two hundred fifty dollars ($250.00) for a
first offense;
(2) Seven hundred
fifty dollars ($750.00) for a second offense;
(3) One thousand dollars ($1000.00) for a
third offense b. The amount of a civil penalty will be assessed based on the
Violation Fine Schedule in 9.3 of this Regulation.
c. The Violation Fine Schedule is only a
guideline to assist in consistent application of civil monetary penalties. The
Board shall only be bound by the statutory fine scale described in Ark. Code
Ann. §
17-28-309(b)(2).
d. Upon appeal, the Board may exercise its
discretion in determining the appropriate penalty according to the Violation
Fine Schedule in 9.3 of this Regulation. In determining the amount of a civil
monetary penalty, the Board may consider:
(1)
The degree and extent of harm to the public safety or to property, or the
potential for harm;
(2) The
duration and gravity of the violation;
(3) Whether the violation was committed
willfully or intentionally, or reflects a continuing pattern;
(4) Whether the violation involved elements
of fraud or deception either to the public or to the Board, or both;
(5) The violator's prior disciplinary record
with the Board;
(6) Whether and to
the extent which the violator profited by the violation.
e. All civil penalty assessments upon any
person, firm, or corporation shall permanently remain on record with the
Arkansas Department of Labor.
f. No
civil penalty assessments older than two (2) years shall be used as the basis
for a progressive discipline pursuant to the Violation Fine Schedule in
Regulation 9.3.
g. No provision of
this subsection shall abridge authority of the Board to evaluate all past civil
money assessments by any person, firm, or corporation to revoke or suspend any
license for any offense.
9.3 Violation Fine Schedule.
a. The Violation Fine Schedule is only a
guideline to assist in consistent application of civil monetary penalties. The
Board shall only be bound by the statutory fine scale described in Ark. Code
Ann. §
17-28-309(b)(2).
b. The aggravating and mitigating factors in
9.2(d) of this Regulation may affect the final civil monetary penalty assessed.
Violation |
Statute or Regulation
Provision
|
1st |
2nd |
3rd |
Failure to possess appropriate license for
electrical work |
17-28-304 |
$50 |
$100 |
Discretionary
(up to $1000
per day) |
Providing false or misleading
advertising |
17-28-304 |
$250 |
$500 |
Discretionary
(up to $1000
per day) |
Failure to correct electric code violations
within a reasonable time |
20-31-105 |
$250 |
$750 |
Discretionary
(up to $1000
per day) |
Failure of electrical contractor licensed by the
Arkansas Department of Labor or by a master electrician to maintain supervisory
ratio of one licensed electrician to one apprentice, except as another ratio
may be approved by BAT |
Regulation 7.9(g)
(Violations of
this Regulation
shall be
assessed per
apprentice out
of the required
ratio) |
$75 |
$150 |
Discretionary
(up to $1000
per day) |
Performing electrical work beyond the
authorization of the electrical license or registration |
17-28-101
&
Regulation(s)
2.1a-f |
$50 |
$100 |
Discretionary
(up to $1000
per day) |
Failure of apprentice to register with the
Arkansas Department of Labor |
Regulation 7.9(e)(2) |
$10 |
$20 |
Discretionary
(up to $1000
per day) |
Employment by an electrical contractor licensed
by the Arkansas Department of Labor or by a master electrician of unlicensed or
unregistered persons doing electrical work |
17-28-202 |
$250 |
$750 |
Discretionary
(up to $1000
per day) |
Deception, misrepresentation or fraud in
obtaining or attempting to obtain a license(includes loaning a
license) |
17-28-303
& Regulation
8.1 |
$250 |
$750 |
Discretionary
(up to $1000
per day) |
Other violations of the State electrical
statute |
Discretionary
(up to $250
per day) |
Discretionary
(up to $750
per day) |
Discretionary
(up to $1000
per day) |
9.4 No provision of this section shall
abridge the authority of the Board to revoke or suspend any license for any
offense.
9.5 Contesting a Civil
Penalty.
a. The person, firm, or corporation
may contest the imposition of a civil penalty by filing a written request for a
hearing with the Director of Labor, 10421 West Markham, Little Rock, Arkansas
72205. The written request must be made within thirty (30) days after receipt
of notification of the civil penalty or the assessment will become
final.
b. A written request for a
hearing shall be scheduled for a hearing before the Board.
c. The person, firm, or corporation shall be
provided at least twenty (20) days notice of the hearing. Such notice shall
include:
(1) a statement of the time, date,
place, and nature of the hearing;
(2) a statement of the legal authority and
jurisdiction under which the hearing is to be held;
(3) a short and plain statement of the
matters of fact and law asserted; and
(4) a statement that the person, firm, or
corporation may, upon written request, obtain the issuance of a subpoena by the
Director for the attendance and testimony of witnesses and the production of
documents.
d. The Board
shall, after consideration of the evidence, issue a decision and issue an order
setting forth findings of fact and conclusions of law. Such decision shall
become the final determination of the Board, unless judicial review is sought
within thirty (30) days pursuant to the Administrative Procedures Act, Ark.
Code Ann. §
25-15-212.
e. If any person, firm, or corporation
against whom a civil penalty has been imposed fails to pay the penalty within
sixty (60) days of the final determination, the Director of the Arkansas
Department of Labor may file an action in a court of competent jurisdiction to
collect the civil penalty, without paying costs or giving bonds for
costs.
9.6 Failure to
pay civil monetary penalties.
In addition to the legal action in 9.5 of this Regulation,
failure to pay assessed fines may result in the revocation or suspension of any
electrical license issued by the Arkansas Department of Labor.
Regulation 10.
Reciprocity.
10.1 The board may issue
licenses to those applicants holding equivalent licenses in other states, upon
payment of the required fees and submission of proof of license, provided an
agreement has been reached with that state to recognize the electrical licenses
held by Arkansas residents.
Regulation 11.
Non-licensed
Electricians.
11.1 The board staff
shall, on behalf of the director, investigate complaints and allegations
against any person or corporation not licensed by the board for violation of
Ark. Code Ann. §§
17-28-101
et seq.;
20-31-101
et seq.; or the regulations of the board adopted pursuant
thereto.
11.2 After investigation,
the director shall make an initial determination of whether there has occurred
a violation of Ark. Code Ann. §§
17-28-101
et seq.;
20-31-101
et seq.; or the regulations of the board adopted pursuant
thereto.
11.3 The director shall
notify the person(s) or corporation(s) of his determination by certified mail
to the last known address. This notice shall conform to the requirements of the
Administrative Procedures Act, Ark. Code Ann. §
25-15-201
et seq. and shall specifically contain the following:
a. a statement of the allegations against the
person or corporation;
b. a
statement that the person or corporation is entitled to a hearing before the
board on the allegations, provided a written request for a hearing is received
by the board within twenty (20) days of receipt of the notice;
c. a statement that the person or
corporation's failure to make a written denial of the allegations within twenty
(20) days of receipt of the notice or the failure to appear at any scheduled
hearing will result in the director seeking injunctive relief and/or filing
criminal charges.
11.4
Notice of any scheduled hearing shall be mailed at least twenty (20) days prior
to the hearing date.
11.5 If the
director finds that the public health, safety, or welfare imperatively requires
emergency action, the director may petition a court of competent jurisdiction
to enjoin or restrain any person or corporation from violating the provisions
of Ark. Code Ann. §§
17-28-101
et seq.;
20-31-101
et seq.; or the regulations of the board adopted pursuant
thereto, without providing notice and the opportunity for hearing.
11.6 No person licensed by this board shall
employ unlicensed persons or unregistered apprentices to perform electrical
work without an exemption.
Regulation
12.
Restricted Lifetime Master Electrician's License.
12.1 Qualifications. To qualify for a
restricted lifetime master electrician license, an applicant shall:
a. have been a licensed master electrician
licensed by the Board of Electrical Examiners for not less than twelve (12)
years;
b. be at least sixty-five
(65) years of age; and
c. have a
current license as a master electrician issued by the Board of Electrical
Examiners at the time of application for a restricted lifetime master
electrician license.
12.2 Application.
a. Application for a restricted lifetime
master electrician license shall be on a form approved by the board.
b. The applicant for a restricted lifetime
master electrician license shall submit with the application satisfactory proof
of age, which may include one of the following:
(1.) a birth certificate;
(2.) a passport or certificate of arrival in
the United States;
(3.) a
state-issued driver's license or identification card;
(4.) any document issued by the U.S. Military
which includes a photograph or information including name, sex, date of birth,
and other identifying information; or (5.) any other document of similar
reliability.
12.3 Restrictions. A person holding a
restricted lifetime master electrician license is authorized to perform any
work authorized for a master electrician. Such license is
non-transferable.
12.4 Fees. The
fee for issuance of a Restricted Lifetime Master Electrician license shall be
fifty dollars ($50.00).
12.5 Term
of license. The restricted lifetime master electrician license shall be valid
for the lifetime of the holder of such license, unless the license is suspended
or revoked by the Board for cause.
12.6 Revocation or suspension.
a. The board may revoke or suspend a
restricted lifetime master electrician license for the same reasons and in the
same manner as any other master electrician license. Grounds for suspension or
revocation includes, but is not limited to, the performance or supervision of
electrical work which does not comply with the provisions of the National
Electrical Code, as adopted by the board.
b. Notice of any complaint, proceeding, or
hearing shall be made to the holder of a restricted lifetime master electrician
license to the last address on file with the board.
c. Revocation or suspension proceedings shall
be conducted in the same manner as provided for other licensed electricians by
regulation of the board. See Regulation 8. Revocation, Suspension, and Denial
of Licenses.
12.7 Change
of address. The holder of a restricted lifetime master electrician license
shall notify the board of any change of address following issuance of the
license.
Regulation 13.
Extension of time.
13.1
Notwithstanding any provision to the contrary, an applicant for a license
pursuant to the grandfather provision of Ark. Code Ann. §
17-28-310
(Supp. 1997), who submits an application prior to July 1, 1998, shall be deemed
in compliance with the mandatory licensing requirement of Ark. Code Ann. §
17-28-310
until the board takes final administrative action on the application, or until
June 30, 1999, whichever occurs first.
13.2 The effective date of this regulation
shall be June 1, 1999.
Regulation
14.
Grandfather appeals.
Notwithstanding any provision in these regulations to the
contrary, any applicant who applied for a license prior to July 1, 1998
pursuant to the provisions of Ark. Code Ann. §
17-28-310 may
appeal to the full board 1) any denial of license; 2) any approval of license
for a class lower than the class of license sought by the applicant; or 3) any
conditional approval of license, provided the board receives a written request
for an appeal within the longest of following time frames:
a. sixty (60) days from the effective date of
these regulations; or
b. sixty
(60) days from the date of notice of the denial, conditional approval, or
approval for a lower class of license.
Regulation 15.
Effective Date and
Repealer.
15.1 Effective September 1,
1999 all previous regulations promulgated by the board are hereby
repealed.
15.2 The effective date
of these regulations is September 1, 1999.
NOTE: Regulations 1, 6.2 and 7.9 were amended effective January
1, 2002, and 6.7 was effective April 1, 2002.
NOTE: Regulations 5.3, 5.5, 6.1, 6.2, 6.4, 7.5, 7.7, 7.9, 8.3,
8.4, 8.5, 11.6, 12.6 were amended effective April 1, 2004. Regulation 9 was a
new regulation effective April 1, 2004. Subsuequent Regulations were renumbered
on this date.