Arkansas Administrative Code
Agency 010 - Department of Labor
Division 13 - Board of Electrical Examiners
Rule 010.13.04-001 - Amendments to Regulation: Regulation 6 - Qualification for Examination; Regulation 7 - Licenses; Regulation 9 - Electrical Civil Money Penalties
Universal Citation: AR Admin Rules 010.13.04-001
Current through Register Vol. 49, No. 2, February 2024
Regulation 6. Qualification for Examination.
* * *
6.2 An applicant
for a journeyman electrician license shall have:
a. four (4) years electrical work experience
approved by the board which shall include the following:
(1) no less than 8,000 hours of on-the-job
training; and
(2) no less than
4,000 hours of on-the-job training in new commercial or new industrial
construction; 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
of verified electrical construction experience, which shall include (i) no less
than 8,000 hours of on-the-job training and (ii) no less than 6,000 hours of
on-the-job training in new commercial or industrial construction; or
(B) six (6) years of electrical maintenance
experience, which shall include (i) no less than 12,000 hours of on-the-job
training and (ii) no less than 4,000 hours of on-the-job training in new
commercial or industrial construction.
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.
* * *
6.5 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; and
b. a two-year combination of training and
experience as the board may approve, such as formal apprenticeship programs
approved by the board.
* * *
Regulation 7. Licenses.
* * *
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 an electrical apprentice at a
ratio greater 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 or
licensed electrician shall work an electrical apprentice except under the
direct supervision of a journeyman or a master electrician with a ratio not
greater than two (2) apprentices to one (1) journeyman or one (1) master
electrician on a construction project at any one time. An overall employment
ratio not greater than one (1) apprentice to one (1) journeyman or one (1)
master electrician must be maintained unless otherwise approved by BAT.
Notwithstanding any provision to the contrary, a fourth-year apprentice is
counted as an apprentice for the purposes of determining an employer's overall
employment ratio, but is not counted as an apprentice for the purposes of
determining the work ratio on an individual construction project. 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 7.10a. above.
c. In no event shall a renewed temporary
license exceed a period of twelve (12) months from the date of original issue
on the first temporary license.
* * *
Regulation 8. Revocation, Suspension and Denial of Licenses.
* * *
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 by order
on an application form furnished by the board. In the event the board's order
revoking a license does not specify a time, application for a new license may
be made after a period of two (2) years dating from the date of the revocation.
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. The board
may deny licensure to any applicant who has worked without a license during a
period of revocation in violation of Ark. Code Ann. §
17-28-304.
* * *
Regulation 9. Electrical Civil Money Penalties.
9.1 Civil Penalties,
Generally.
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 this
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
recommended civil penalty for the violation(s);
(4) a statement of the time, date, place, and
nature of the hearing before the Board;
(5) a statement of the legal authority and
jurisdiction under which the hearing is to be held;
(6) a short and plain statement of the
matters of fact and law asserted;
(7) 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.
f. Notice of
the civil penalty hearing 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.
g.
Any person, firm or corporation who is given notice of a recommended fine shall
be provided at least twenty (20) days notice of the hearing at the address on
file with the Department of Labor or at their last known address.
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, such person, firm
or corporation 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; and
(3) One thousand dollars ($1000.00) for a
third offense.
b. The
recommended civil penalty will be 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. 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. Any person, firm, or corporation that pays
a recommended fine before the date of the hearing scheduled before the Board,
shall be presented to the Board as an uncontested matter for
approval.
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 a licensee to maintain supervisory ratio of one licensed electrician to two apprentices on a construction project at any one time, or to maintain an overall employment ratio of one to one, 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 |
Regulation 11.6 |
$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 Nothing in these regulations shall
abridge the authority of the Board to revoke or suspend any license for any
offense.
9.5 Hearings and Appeals.
a. 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.
9.6 Failure to pay civil monetary
penalties.
a. 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.
b. Failure to pay
assessed fines may result in the denial, revocation or suspension of any
electrical license or certification.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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