Current through Register Vol. 49, No. 2, February
2024
010.13
Administrative Regulations of the Board of Electrical Examiners of the
State of Arkansas
010.13-001
Statement of Organization and
Operations
The Board of Electrical Examiners of the State of Arkansas is a
board of state government created by Act 870 of 1979 as amended, Ark. Code Ann.
§§
17-28-201
et seq. The licensing authority of the Board is found in Ark.
Code Ann. §§
17-28-201
et seq. and its code enforcement authority is found in Ark.
Code Ann. §§
20-31-101
et seq. The legislature has delegated to the Board the
authority to establish statewide standards for the construction, installation,
and maintenance of electrical facilities and the performance of electrical
work. Additionally, the legislature has delegated to the Board the power to
oversee electrician examination and licensure, conduct examinations of persons
who apply for an electrician's license, grant licenses to qualifying
applicants, and revoke or suspend a license for cause. The legislature has
authorized the Director of the Department of Labor to conduct inspections and
to otherwise administer and enforce Ark. Code Ann. §§
17-28-201
et seq. and Ark. Code Ann. §§
20-31-101
et seq. From time to time the Board promulgates rules and
regulations.
010.13-002
Information for Public
Guidance
The mailing address and telephone number for the Board of
Electrical Examiners of the State of Arkansas is:
Arkansas Board of Electrical Examiners
Arkansas Department of Labor
10421 West Markham Street
Little Rock, AR 72205
(501) 682-4548
The Department of Labor makes available a list of persons
holding certain responsibilities for handling FOIA requests, licensing
questions, complaints against licensees, and compliance requests or assistance
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 Web site. The Department
of Labor's Web site is: http://www.arkansas.gov/labor/.
The Board of Electrical Examiners of the State of Arkansas Web site is:
http://www.arkansas.gov/labor/divisions/electricalexam_p1.html.
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 division's office or Web site.
Copies of all forms used by the agency, written statements of
policy and written interpretive memoranda, and all orders issued by the
division may be obtained from the division's office.
010.13-003
General Organization
A. The Board was created by the legislature,
Ark. Code Ann. §
17-28-201, to
establish electrical licensure and code compliance standards. The Board
consists of nine (9) members, including the Director of the Department of
Labor. The Board shall annually elect one of its members to serve as Chairman
and one other member to serve as Vice Chairman.
B. The Director of the Department of Labor
shall act as Secretary for the Board and shall keep the books and records of
the Board. The Director shall also furnish the Board with the necessary
facilities for the exercise of its rights and duties.
C. The business of the Board will be
conducted in public meetings pursuant to Robert's Rules of Order and in
conformity with the Arkansas Freedom of Information Act. Regular meetings will
be held the third Tuesday of the following months: January, March, May, July,
September, November. Special meetings may be held on the call of the
Chairman.
D. 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.
E. The Board 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.
The Board may create other standing or ad hoc committees. The
Chairman will appoint members of committees. A quorum for the transaction of
committee business is a majority of the number of voting members of the
committee.
F. The Director
will prepare the agenda for regular and special meetings of the Board. The
agenda will be distributed to board members and agency staff and made available
to the public in advance of the meeting. The agenda should state specifically
the items that will be considered at the meeting. The agenda should include the
following topics as applicable:
1. Call to
order
2. Review of
minutes
3. Old business
4. New business
5. Other business
6. Adjudicatory hearings
7. Rule-making hearings; and
8. Public comment
The order of the agenda items is intended to be flexible and
may be adjusted to meet the needs of the Board. Additionally, the agenda may be
amended by appropriate motion.
010.13-004
Rule-Making
A.
Authority
The Board has been authorized by the legislature to promulgate
rules. Ark. Code Ann. §§
17-28-202(a)(1)
and
20-31-104.
The Board follows the procedural requirements of the Arkansas Administrative
Procedure Act, in particular Ark. Code Ann. §§
25-15-203
and -204. Additionally, the Board is required to abide by the provisions of
Ark. Code Ann. §
10-3-309.
B.
Initiation of
Rule-Making
The process of adopting a new rule or amending or repealing an
existing rule (hereinafter referred to as"rule-making") may be initiated by a
request of the Board or the director that the department staff submit proposed
drafts. Additionally, staff of the department may request permission to
initiate rule-making. Third persons outside the agency may petition for the
issuance, amendment, or repeal of any rule.
C.
Petition to Initiate
Rule-Making
Third parties may initiate rule-making to adopt, amend, or
repeal a rule by filing a petition with the Board to initiate rule-making. The
petition must contain the name, address, and telephone number of the
petitioner, the specific rule or action requested, the reasons for the rule or
action requested, and facts showing that the petitioner is regulated by the
Board or has a substantial interest in the rule or action requested.
The petition to initiate rule-making shall be filed with the
Director of the Department of Labor.
Within thirty (30) days after submission of the petition, the
Board will either deny the petition, stating its reasons in writing or will
initiate rule-making. A special meeting of the Board may be called.
D.
Pre-filing with the
Bureau of Legislative Research
Thirty (30) days before the public-comment period ends, the
division will file with the Bureau of Legislative Research the text of the
proposed rule or amendment as well as a financial impact statement and a Bureau
of Legislative Research questionnaire as provided by Ark. Code Ann. §
10-3-309.
E.
Public Input
1. Before finalizing language of a proposed
new rule or an amendment to, or repeal of, an existing rule, the Board will
receive public input through written comments and/or oral submissions. The
Board will designate in its public notice the format and timing of public
comment.
2. Any public hearing will
provide affected persons and other members of the public a reasonable
opportunity for presentation of evidence, arguments, and oral statements within
reasonable conditions and limitations imposed by the Board to avoid
duplication, irrelevant comments, unnecessary delay, or disruption of the
proceedings.
3. The Board chair
shall preside at the public hearing. The Board will ensure that the department
personnel responsible for preparing the proposed rule or amendment are
available, and will notify third parties initiating rule changes to be
available to explain the proposal and to respond to questions or comments
regarding the proposed rule.
4. The
division will preserve the comments made at the public hearing by a tape
recording.
5. Any person may submit
written statements within the specified period of time. All timely, written
statements will be considered by the Board and be made a part of the
rule-making record.
F.
Notice of Rule-Making
The Board will give notice of proposed rule-making to be
published pursuant to Ark. Code Ann. §
25-15-204.
The notice will set any written comment period and will specify the time, date,
and place of any public hearing.
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.
2. Before acting on a
proposed rule, the Board will consider all of the written submissions and/or
oral submissions received in the rule-making proceeding or any memorandum
summarizing such oral submissions, and any regulatory analysis or fiscal impact
statement issued in the rule-making proceedings.
3. The Board may use its own experience,
specialized knowledge, and judgment in the adoption of a rule.
H.
Variance Between Adopted
Rule and Published Notice of Proposed Rule
1. The Board may not adopt a rule that
differs from the rule proposed in the published notice of the intended
rule-making on which the rule is based unless:
a. The final rule is in character with the
original scheme and was a logical outgrowth of the notice and comments stemming
from the proposed rule, or
b. The
notice fairly apprised interested persons of the subject and the issues that
would be considered so that those persons had an opportunity to
comment.
2. In
determining whether the final rule is in character with the original scheme and
was a logical outgrowth of the notice and comments, and that the notice of
intended rule-making provided fair warning that the outcome of that rule-making
proceeding could be the rule in question, the Board must consider the following
factors:
a. The extent to which persons who
will be affected by the rule should have understood that the rule-making
proceeding on which it is based could affect their interests; and b. The extent
to which the subject matter of the rule or issues determined by the rule are
different from the subject matter or issues contained in the notice of intended
rule-making; and
c. The extent to
which the effects of the rule differ from the effects of the proposed rule
contained in the notice of intended rule-making.
I.
Concise Statement of
Reasons1. When requested by an
interested person, either prior to the adoption of a rule or within thirty (30)
days after its adoption, the Board shall issue a concise statement of the
principal reasons for and against its adoption of the rule. Requests for such a
statement must be in writing and be delivered to the Director of the Department
of Labor. The request should indicate whether the statement is sought for all
or only a specified part of a rule. A request will be considered to have been
submitted on the date on which it is received by the director.
2. The concise statement of reasons must
contain:
a. The Board's reasons for adopting
the rule;
b. An indication of any
change between the text of the proposed rule and the text of the rule as
finally adopted, with explanations for any such change; and c. The principal
reasons urged in the rule-making procedure for and against the rule, and the
Board's reasons for overruling the arguments made against the rule.
J.
Contents
The Board shall cause its rules to be published and made
available to interested persons. The publication must include:
1. The text of the rule; and
2. A note containing the following:
(a) The date(s) the Board adopted or amended
the rule;
(b) The effective date(s)
of the rule;
(c) Any findings
required by any provisions of law as a prerequisite to adoption for
effectiveness of the rule; and
(d)
Citation to the entire specific statutory or other authority authorizing the
adoption of the rule;
3.
The publication of the rule(s) must state the date of publication.
K.
Format
The published rules of the division will be organized
substantially in the following format:
I. Statement of Organization and
Operations
II. Information for
Public Guidance
III. General
Organization
IV.
Rule-making
V. Emergency
Rule-making
VI. Declaratory
Orders
VII. Adjudicative
Hearings
VIII. Et seq. Substantive
rules and other rules of Agency
L.
Incorporation by Reference
By reference in a rule, the Board may incorporate all or any
part of a code, standard, rule, or other matter if the Board finds that copying
the matter in the Board's rule would be unduly cumbersome, expensive, or
otherwise inexpedient. The reference in the Board rule will fully and precisely
identify the incorporated matter by title, citation, date, and edition, if any;
briefly indicate the precise subject and general contents of the incorporated
matter; and state that the rule does not include any later amendments or
editions of the incorporated matter. The Board may incorporate such a matter by
reference in a proposed or adopted rule only if the agency makes copies of the
incorporated matter readily available to the public. The rules must state how
and where copies of the incorporated matter may be obtained at cost from the
division, and how and where copies may be obtained from an agency of the United
States, this state, another state, or the organization, association, or persons
originally issuing that matter. The Department of Labor will retain permanently
a copy of any materials incorporated by reference in a rule of the
Board.
M.
Filing1. 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 by the Legislative Council, the staff
will file final copies of the rule with the Secretary of State, the Arkansas
State Library, and the Bureau of Legislative Research, or as otherwise provided
by Ark. Code .Ann. §
25-15-204(d).
2. Proof of filing a copy of the rule,
amendment, or repeal with the Secretary of State, the Arkansas State Library,
and the Bureau of Legislative Research 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 department Web page.
010.13-005
Emergency Rule-Making
A.
Request for Emergency
Rule-Making
The proponent of a rule may request the Board to adopt an
emergency rule. In addition to the text of the proposed rule or amendment to an
existing rule and any other information required by Regulation 010.13-004(C),
the proponent will provide a written statement setting out the facts or
circumstances that would support a finding of imminent peril to the public
health, safety, or welfare.
B.
Finding of Emergency
Upon receipt of the written statement requesting an emergency
rule-making and documents or other evidence submitted in support of the
assertion that an emergency exists, the Board will make an independent judgment
as to whether the circumstances and facts constitute an imminent peril to the
public health, safety, or welfare requiring adoption of the rule upon fewer
than 30 days notice. If the Board determines that the circumstances warrant
emergency rule-making, it will make a written determination that sets out the
reasons for the Board's finding that an emergency exists. Upon making this
finding, the Board may proceed to adopt the rule without any prior notice or
hearing, or it may determine to provide an abbreviated notice and
hearing.
C.
Effective Date of Emergency Rule
The emergency rule will be effective immediately upon filing,
or at a stated time less than ten (10) days thereafter, if the Board finds that
this effective date is necessary because of imminent peril to the public
health, safety, or welfare. The Board will file with the rule its 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 days after the filing of the rule pursuant to Ark. Code
Ann. §
25-15-204(e).
The Board will take appropriate measures to make emergency rules known to
persons who may be affected by them.
010.13-006
Declaratory Orders
A.
Purpose and Use of Declaratory
Orders
A declaratory order is a means of resolving a controversy or
answering questions or doubts concerning the applicability of statutory
provisions, rules, or orders over which the Board has authority. A petition for
declaratory order may be used only to resolve questions or doubts as to how the
statutes, rules, or orders may apply to the petitioner's particular
circumstances. A declaratory order is not the appropriate means for determining
the conduct of another person or for obtaining a policy statement of general
applicability from the Board or the department. A petition or declaratory order
must describe the potential impact of statutes, rules, or orders upon the
petitioner's interests.
B.
The Petition
The process to obtain a declaratory order is begun by filing
with the Director of the Department of Labor a petition that provides the
following information:
1. The caption
shall read: Petition for Declaratory Order before Arkansas Board of Electrical
Examiners.
2. The name, address,
telephone number, and facsimile number of the petitioner.
3. The name, address, telephone number, and
facsimile number of the attorney of the petitioner.
4. The statutory provision(s), agency
rule(s), or agency order(s) on which the declaratory order is sought.
5. A description of how the statutes, rules,
or orders may substantially affect the petitioner and the petitioner's
particular set of circumstances, and the question or issue on which petitioner
seeks a declaratory order.
6. The
signature of the petitioner or petitioner's attorney.
7. The date.
8. Request for a hearing, if
desired.
C.
Disposition1. The Board may hold a
hearing to consider a petition for declaratory statement. If a hearing is held,
it shall be conducted in accordance with Ark. Code Ann. §
25-15-208
and §
25-15-213, and
the Board's rules for adjudicatory hearings.
2. The Board may rely on the statements of
fact set out in the petition without taking any position with regard to the
validity of the facts. Within ninety (90) days of the filing of the petition,
the Board will render a final order denying the petition or issuing a
declaratory order.
010.13-007
Adjudicative Hearings
A.
Scope of This Rule
This Rule applies in all administrative adjudications conducted
by the Arkansas Board of Electrical Examiners. This procedure is developed to
provide a process by which the Board formulates orders, including orders
revoking a permit or license or making a final administrative determination
regarding the imposition of a civil penalty or fine.
B.
Presiding Officer
The Board chair shall preside at the hearing or may designate a
hearing officer, examiner or referee to preside at a hearing.
C.
Appearances
1. Any party appearing in any Board
proceeding has the right, at his or her own expense, to be represented by
counsel.
2. The respondent may
appear on his or her own behalf.
3.
Any attorney representing a party to an adjudicatory proceeding must file
notice of appearance as soon as possible.
4. Service on counsel of record is the
equivalent of service on the party represented.
5. On written motion served on the party
represented and all other parties of record, the presiding officer may grant
counsel of record leave to withdraw for good cause shown.
D.
Consolidation
If there are separate matters that involve similar issues of
law or fact, or identical parties, the matters may be consolidated if it
appears that consolidation would promote the just, speedy, and inexpensive
resolution of the proceedings, and would not unduly prejudice the rights of a
party.
E.
Notice to
Interested Parties
If it appears that the determination of the rights of parties
in a proceeding will necessarily involve a determination of the substantial
interests of persons who are not parties, the presiding officer may enter an
order requiring that an absent person be notified of the proceeding and be
given an opportunity to be joined as a party of record.
F.
Service of Papers
Unless the presiding officer otherwise orders, every pleading
and every other paper filed for the proceeding, except applications for witness
subpoenas and the subpoenas, shall be served on each party or the party's
representative at the last address of record.
G.
Initiation & Notice of
Hearing1. An administrative
adjudication is initiated by the issuance of a notice of hearing from the
Electrical Division.
2. The notice
of hearing will be sent to the respondent by U.S. Mail, return receipt
requested, delivery restricted to the named recipient or his agent. Notice
shall be sufficient when it is so mailed to the respondent's latest address on
file with the agency.
3. Notice
will be mailed at least twenty (20) days before the scheduled
hearing.
4. The notice will
include:
a. a statement of the time, place,
and nature of the hearing;
b. a
statement of the legal authority and jurisdiction under which the hearing is to
be held; and
c. a short and plain
statement of the matters of fact and law asserted.
H.
Motions
All requests for relief will be by motion. Motions must be in
writing or made on the record during a hearing. A motion must fully state the
action requested and the grounds relied upon. The original written motion will
be filed with the Board. When time allows, the other parties may, within seven
(7) days of the service of the written motion, file a response in opposition.
The presiding officer may conduct such proceedings and enter such orders as are
deemed necessary to address issues raised by the motion. However, a presiding
officer, other than the Board chair, will not enter a dispositive order unless
expressly authorized in writing to do so.
I.
Answer
A respondent may file an answer.
J.
Discovery
1. Upon written request, the Board or
division will provide the information designated in Ark. Code Ann. §
25-15-208(a)(3).
2. Such requests should be received by the
Electrical Division at least ten (10) days before the scheduled
hearing.
K.
Continuances1. The Board chair
may grant a continuance of hearing for good cause shown. Requests for
continuances will be made in writing. The request must state the grounds to be
considered and be made as soon as practicable and, except in cases of
emergencies, no later than five (5) days prior to the date noticed for the
hearing. In determining whether to grant a continuance, the Board chair may
consider:
a. Prior continuances;
b. The interests of all parties;
c. The likelihood of informal
settlements;
d. The existence of an
emergency;
e. Any
objection;
f. Any applicable time
requirement;
g. The existence of a
conflict of the schedules of counsel, parties, or witnesses;
h. The time limits of the request;
and
i. Other relevant
factors.
2. The Board
chair may require documentation of any grounds for continuance.
L.
Hearing Procedures
1. The presiding officer presides at the
hearing and may rule on motions, require briefs, and issue such orders as will
ensure the orderly conduct of the proceedings; provided, however, any presiding
officer other than the Board chair shall not enter a dispositive order or
proposed decision unless expressly authorized in writing to do so.
2. All objections must be made in a timely
manner and stated on the record.
3.
Parties have the right to participate or to be represented by counsel in all
hearings or pre-hearing conferences related to their case.
4. Subject to terms and conditions prescribed
by the Administrative Procedure Act, parties have the right to introduce
evidence on issues of material fact, cross-examine witnesses as necessary for a
full an true disclosure of the facts, present evidence in rebuttal, and, upon
request by the Board, may submit briefs and engage in oral argument.
5. The presiding officer is charged with
maintaining the decorum of the hearing and may refuse to admit, or may expel,
anyone whose conduct is disorderly.
M.
Order of Proceedings
The presiding officer will conduct the hearing in the following
manner:
1. The presiding officer will
give an opening statement, briefly describing the nature of the
proceedings.
2. The parties are to
be given the opportunity to present opening statements.
3. The parties will be allowed to present
their cases in the sequence determined by the presiding officer.
4. Each witness must be sworn or affirmed by
the presiding officer, or the court reporter, or any other person authorized by
law to administer oaths and be subject to examination and cross-examination as
well as questioning by the Board. The presiding officer may limit questioning
in a manner consistent with the law.
5. When all parties and witnesses have been
heard, parties may be given the opportunity to present final
arguments.
N.
Evidence1. The presiding officer shall
rule on the admissibility of evidence and may, when appropriate, take official
notice of facts in accordance with all applicable requirements of
law.
2. Stipulation of facts is
encouraged. The Board may make a decision based on stipulated facts.
3. Evidence in the proceeding must be
confined to the issues set forth in the hearing notice, unless the parties
waive their right to such notice or the presiding officer determines that good
cause justifies expansion of the issues. If the presiding officer decides to
admit evidence outside the scope of the notice, over the objection of a party
who did not have actual notice of those issues, that party, upon timely
request, will receive a continuance sufficient to prepare for the additional
issue and to permit amendment of pleadings.
4. A party seeking admission of an exhibit
must provide ten (10) copies of each exhibit at a hearing before the Board. The
presiding officer must provide the opposing parties with an opportunity to
examine the exhibit prior to the ruling on its admissibility. All exhibits
admitted into evidence must be appropriately marked and be made part of the
record.
5. Any party may object to
specific evidence or may request limits on the scope of the examination or
cross-examination. A brief statement of the grounds upon which it is based
shall accompany such an objection. The objection, the ruling on the objection,
and the reasons for the ruling will be noted in the record. The presiding
officer may rule on the objection at the time it is made or may reserve the
ruling until the written decision.
6. Whenever evidence is ruled inadmissible,
the party offering that evidence may submit an offer of proof on the record.
The party making the offer of proof for excluded oral testimony will briefly
summarize the testimony or, with permission of the presiding officer, present
the testimony. If the excluded evidence consists of a document or exhibit, it
shall be marked as part of an offer of proof and inserted in the
record.
7. Irrelevant, immaterial,
and unduly repetitive evidence will be excluded. Any other oral or documentary
evidence, not privileged, may be received if it is of a type commonly relied
upon by reasonably prudent men and women in the conduct of their
affairs.
8. Reasonable inferences.
The finder of fact may base its findings of fact upon reasonable inferences
derived from other evidence received.
O.
Default
If a party fails to appear or participate in an administrative
adjudication after proper service of notice, the Board may proceed with the
hearing and render a decision in the absence of the party.
P.
Subpoenas
1. At the request of any party, the Director
of Labor shall issue subpoenas for the attendance of witnesses at the hearing.
The requesting party shall specify whether the witness is also requested to
bring documents and reasonably identify said documents.
2. A subpoena may be served by any person
specified by law to serve process or in any manner authorized by law or by any
person who is not a party and who is eighteen (18) years of age or older.
Delivering a copy to the person named in the subpoena shall make service. Proof
of service may be made by affidavit of the person making service. The party
seeking the subpoena shall have the burden of obtaining service of the process
and shall be charged with the responsibility of tendering appropriate mileage
fees and witness fees pursuant to Rule
45, Arkansas Rules of Civil
Procedure. The witness must be served at least two (2) days prior to the
hearing. For good cause, the Director may authorize the subpoena to be served
less than two (2) days before the hearing.
3. Any motion to quash or limit the subpoena
shall be filed with the Board and shall state the grounds relied
upon.
Q.
Recording
the Proceedings
The responsibility to record the testimony heard at a hearing
is borne by the Electrical Division. Upon the filing of a petition for judicial
review, the agency will provide a transcript of testimony taken before the
Board.
R.
Factors to
be Considered in Imposing Sanctions
In addition to any other considerations permitted by Ark. Code
Ann. §§
17-28-201
et seq. and Ark. Code Ann. §§
20-31-101
et seq. and these Regulations, if applicable, the Board in
imposing any sanction may consider the following:
1. The nature and degree of the misconduct
for which the sanction is being imposed.
2. The seriousness and circumstances
surrounding this misconduct.
3. The
loss or damage to clients or others.
4. The assurance of future
compliance.
5. The profit to the
wrongdoer.
6. The avoidance of
repetition.
7. Whether the conduct
was deliberate, intentional, or negligent.
8. The deterrent effect on others.
9. The conduct of the individual, corporation
or other entity during the course of the disciplinary proceeding.
10. Any prior enforcement actions or
sanctions, including warnings.
11.
Matters offered in mitigation or extenuation, except that a claim of disability
or impairment resulting from the use of alcohol or drugs may not be considered
unless the individual demonstrates that he or she is successfully pursuing in
good faith a program of recovery.
S.
Final Order
The Board will serve on the respondent a written order that
reflects the action taken by the Board. The order will include a recitation of
facts found based on testimony and other evidence presented and reasonable
inferences derived from the evidence pertinent to the issues of the case. It
will also state conclusions of law and directives or other disposition entered
against or in favor of the respondent.
The order will be served personally or by mail on the
respondent. If counsel represents respondent, service of the order on
respondent's counsel shall be deemed service on the respondent.
010.13-008
The
National Electrical CodeA. The Board
hereby adopts and incorporates herein the National Electrical Code, 2008
edition of the National Fire Protection Association.
B. The National Electrical Code, 2008, shall
be the standard for the construction, installation, repair, and maintenance of
electrical facilities and the performance of electrical work.
C. 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.
D. 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.
E. The Board hereby adopts and incorporates
herein the Standard Practices for Good Workmanship in Electrical Contracting,
American National Standards Institute/National Electrical Contractors
Association 1-2006, as the guide for the quality and the standard of
workmanship in the installation of electrical equipment.
F. This rule does not include any later
amendments or editions of the standards incorporated by reference.
G. Copies of these standards incorporated by
reference can be viewed in the offices of the Electrical Division or can be
obtained by contacting the following:
National Fire Protection Association
1 Batterymarch Park
Quincy, MA 02169-7471
1-800-344-3555
www.nfpa.org
010.13-009
Definitions
A. The various classes of licenses shall be
defined as follows:
1. "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.
2. "Journeyman electrician" shall mean an
individual who is limited by license classification to install, maintain, and
extend electrical conductors and equipment. A journeyman electrician can not
contract with the general public to plan, lay out or supervise the
installation, maintenance and extension of electrical conductors and equipment
without employing at least one (1) full-time master electrician.
3. "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.
4.
"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.
5. "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.
6. "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
010.13.010(A).
B. "Board" shall mean the Board of
Electrical Examiners of the State of Arkansas.
C. "Director" shall mean the Director of the
Arkansas Department of Labor.
D.
"Direct supervision" shall mean:
1. an
apprentice is being supervised by an individual licensed to perform the
electrical work being supervised;
2. during the entire working day of the
apprentice, the licensed electrician is physically present at the location or
site where the apprentice is performing electrical work and immediately
available to the apprentice;
3. the
licensed electrician is physically present and immediately available to the
apprentice at all times for assistance and direction;
4. electronic supervision does not meet the
requirement of physically present and immediately available;
5. the licensed electrician shall review the
electrical work performed by the apprentice before the electrical work is
operational; and
6. the licensed
electrician is able and does determine that all electrical work performed by
the apprentice is performed in compliance with the standards adopted by these
regulations. The licensed electrician is responsible for all the electrical
work performed by an apprentice under his or her supervision.
7. With respect to an apprentice requiring
direct supervision, this shall mean that the supervising electrician must be
within eyesight and no more than fifty (50) feet away when the apprentice is
working on energized parts.
E. "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.
F. "Electrical
work" means:
1. As defined by Ark. Code Ann.
§§
17-28-101(4)
and
20-31-102(5):
a. 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;
b. Installations of
conductors that connect to the supply of electricity; and
c. Installations of other outside conductors
on the premises.
G. "HVACR" shall mean heating, ventilation,
air conditioning and refrigeration.
H. "Manager" shall mean any employee:
1. whose primary duty consists of oversight
of the technical and business functions of the electrical company in which he
or she is employed; and
2. who
customarily and regularly directs the work of one or more other employees
therein; and
3. who has a good
working knowledge of electrical theory, electrical materials and equipment, and
electrical installation procedures; and
4. who customarily and regularly exercises
discretion and independent judgment; and
5. 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
6. 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.
I.
"Superintendent" shall mean any employee:
1.
whose primary duty consists of oversight of the electrical work performed by
the electrical company in which he or she is employed; and
2. who has a good working knowledge of
electrical theory, electrical materials and equipment, and electrical
installation procedures; and
3. who
customarily and regularly directs the work of one or more other employees
therein; and
4. 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
5. who
customarily and regularly exercises discretion and independent judgment;
and
6. 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.
010.13-010
Construction and
exemptions
A. The licensing
requirements of Ark. Code Ann. §
17-28-101
et seq. shall not apply to the following:
1. 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;
2. 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;
3. 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;
4. The
construction, installation, maintenance, repair or renovation of any
nonresidential farm building or structure;
5. 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
6. 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.
B. The Electrical Code requirements of Ark.
Code Ann. §
20-31-101
et seq. shall not apply to the following:
1. Any construction, installation,
maintenance, repair, or renovation by a public utility regulated by the
Arkansas Public Service Commission, by a rural electric association or
cooperative, or by a municipal utility, of any transmission or distribution
lines or facilities incidental to their business and covered under other
nationally recognized safety standards;
2. Any construction, installation,
maintenance, repair, or renovation of any nonresidential farm building or
structure; and
3. Any construction
or manufacture of manufactured homes covered by the federal Manufactured Home
Construction and Safety Standards Act,
42 U.S.C. §
4501
et seq.
C. 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.
D. 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.
E. 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.
F. Nothing in these
regulations shall be construed to require an electrician's license in order to
test, install, repair, maintain or alter industrial machinery, household
appliances, or medical equipment, by the manufacturer(s) or vendor(s) of such
machinery and equipment or technicians providing services with respect to such
machinery and equipment. Nothing in these regulations shall be construed to
require an electrician's license in order to supervise such
activities.
G. 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.
H. 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 distribution 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.
010.13-011
ExaminationsA. 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.
B. 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.
C. Persons applying for a license shall pay
the following examination fees as instructed by the director:
|
1. Master Electrician |
$56.00 |
|
2. Journeyman Electrician |
$56.00 |
|
3. Industrial Maintenance Electrician |
$25.00 |
|
4. Residential Master Electrician |
$56.00 |
|
5. Residential Journeyman Electrician |
$56.00 |
|
6. Air Conditioning Electrician |
$56.00 |
D. Any
applicant who shall fail to pass the examination shall continue to be approved
for subsequent examinations of the same class without further action by the
Board, provided the applicant completed an apprenticeship training program. Any
applicant who shall fail to pass the examination and who failed to complete an
apprenticeship program may be required by the Board to complete up to two (2)
years of an apprenticeship program before being approved for any subsequent
examination.
010.13-012
Qualification for Examination and Licensure
A. All applications for licensure 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 the Screening Committee. After review of
the applications, the Board will issue a list of approved applicants eligible
for examination.
B. An applicant
for a master electrician's license shall have:
1. a degree in electrical engineering plus
two (2) years of construction related experience; or
2. six (6) years experience in the
construction industry, both residential and commercial, including two (2) years
experience as a licensed journeyman electrician; or
3. 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
010.13-012(B)(1) or (2) above.
C. An applicant for a journeyman electrician
license shall have the following qualifications, as appropriate:
1.
Applicants who completed an
apprenticeship program. Applicants who have completed a 4-year
electrical construction apprenticeship program approved by the U. S. Department
of Labor, Bureau of Apprenticeship and Training shall have:
a. "Notice of Apprenticeship Committee Action
- Released for Test/Completion" form from the applicant's training program and
approved by the Arkansas Department of Workforce Education; or b. if the
applicant completed an apprenticeship program in another state, certification
from the Bureau of Apprenticeship and Training or the state agency responsible
for oversight of apprenticeship programs of completion.
c. The Board may approve an applicant without
a Released for Test form in extenuating circumstances.
2.
Applicants who seek
reciprocity. Applicants who seek reciprocity shall have certification
from the sister state that:
a. the applicant
is currently licensed as a journeyman and in good standing;
b. the applicant has held his/her license in
the sister state for a period of one (1) year; and
c. the applicant was tested in the sister
state.
3.
Applicants who have not completed an apprenticeship program.
Applicants who have not completed a 4-year electrical construction
apprenticeship program approved by the Bureau of Apprenticeship and Training
shall have 8 years (16,000 hours) of electrical construction experience or
training as may be approved by the Board. This training or experience may
include electrical experience gained in the military. See
Regulation 010.13-012(H) for experience that does not qualify.
D. An applicant for an industrial
maintenance electrician's license shall have:
1. 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
2. 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 010.13-012(D)(1) above.
E. An applicant for a residential master
electrician's license shall have:
1. 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
2. any combination of training and experience
as the Board may approve as being equivalent to that as specified in paragraph
010.13-012(E)(1) above.
F. An applicant for a residential journeyman
license shall have:
1. two (2) years
experience in the wiring of one (1) or two (2) family dwellings;
2. a two-year combination of training and
experience as the Board may approve, such as formal apprenticeship programs
approved by the Board; and
3. a
signed letter from the applicant's school verifying the applicant's
hours.
G. An applicant
for an air conditioning electrician's license shall have:
1. two (2) years experience in wiring HVACR
equipment; or
2. any combination of
experience and training as the Board may approve as being equivalent to that as
specified in paragraph 010.13-012(G)(1) above.
3. the experience required in paragraph
010.13-012(G)(1) may be demonstrated by having held for two years:
a. HVACR electrician's license issued by an
Arkansas municipality, or
b. a
HVACR Class A or Class B license issued by the state HVACR Licensing
Board.
H. For
the purpose of determining experience qualification, the Board shall not
consider the following:
1. any experience
obtained in violation of Ark. Code Ann. §
17-28-304
(Repl. 2001) which required a state electrician's license beginning July 1,
1998; or
2. any experience obtained
in a sister state in violation of that state's licensing or registration
requirements.
I. 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. Letters and employment verification shall be dated within
six (6) months of application. Employment verification from the Social Security
Administration may be required.
010.13-013
Licenses
A. Generally
1. All division action regarding licensure
shall be governed by Ark. Code Ann.§§
17-28-201
et seq. and Ark. Code Ann. §§
20-31-101
et seq. and these Regulations.
2. The Board is required to oversee
electrician examination and licensure, conduct examinations of persons who
apply for an electrician's license, grant licenses to qualifying applicants who
have paid the prescribed fee, and revoke or suspend the license of any licensee
or the certification of any electrical apprentice for cause.
B. Requirement to Keep Current
Address on File; Post License Number and Keep License Available
1. All persons holding a license or permit
issued by the Board are required to provide the Electrical Division with
information so that the division can remain in contact and provide notice of
complaints and/or hearings. The licensee is required to provide written notice
to the Board of any change in business and/or residence address within ten (10)
working days of the change. Service of notices of hearing sent by mail will be
addressed to latest address on file with the Electrical Division.
2. The license number of the responsible
master electrician and the company name shall be displayed on a sign at all job
sites that do not have a permit issued by a city or county building code
enforcement authority. The sign shall be a minimum of 12 inches by 12 inches
and include the name of the electrical contractor, license number of the
responsible master, and telephone number, in contrasting colors to the sign
color with a minimum letter size of 1.5 inches.
3. All licensed electricians and apprentices
shall have on their person or immediately available, their license and a form
of identification with a photo at all times during which the licensee is
performing electrical work. The license and photo identification shall be
provided to any state or local government electrical inspector or building
inspector or fire marshal upon request.
C. Review of Application
The application and supporting documentation will be reviewed
by the Board Screening Committee. The Electrical Division will inform the
applicant in writing if it determines that the application is incomplete, and
will specify why the application is incomplete. When a completed application, a
supplemental application, or the requested information is returned, the agency
will reinitiate action on the application for license. If all requirements of
are met, the applicant will be allowed to take the licensing
examination.
D. Expiration
and Renewal
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.
2. Licenses may be renewed for one (1) year
in the last year of an NEC cycle, two (2) years n the second year of an NEC
cycle, or three (3) years in the first year of an NEC cycle 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.
3. A license may be renewed within six (6)
months of the expiration date by paying the renewal fees stated in Regulation
010.13-013(D)(2).
4. A license may
be renewed after six (6) months from the expiration date, by paying the renewal
fee stated in Regulation 010.13-013(D)(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.
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.
E. 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.
F. 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.
G. Electrical Contractors
An applicant for an electrical contractor's license shall
submit to the Board the following:
1.
an application on a form approved by the Board; and
2. proof that the applicant is a licensed
master electrician or employs a licensed master electrician; and
3. 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.
H. Apprentices
1. 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.
2. An applicant for registration as an
electrical apprentice shall submit the following:
a. an application on a form approved by the
Board;
b. a registration fee of ten
dollars ($10.00);
c. 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).
3. 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.
4.
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.
5. An apprentice who has successfully
completed a certified school or training program and has been released for
testing may continue to renew his or her apprentice registration card, if
otherwise qualified, without enrolling in a school or training program. Such an
apprentice may work as a fourth year apprentice for the purpose of Regulation
010.13-013(H)(6) for a period of six (6) months. If an apprentice has not
passed the journeyman electrician examination within six (6) months of
completing apprenticeship school, the apprentice shall be subject to the same
supervision as a third year apprentice pursuant to Regulation
010.13-013(H)(6).
6. Ratios and
Supervision a. 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.
b. 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.
c. No electrical contractor or licensed
electrician shall work an electrical apprentice except under the direct
supervision of a journeyman or a master electrician. However, an apprentice
with a valid fourth or final year card issued by the local apprenticeship
training committee may work alone but shall not be counted as a journeyman or
apprentice electrician in the ratio amounts as described in these Regulations.
Apprentices as defined under Regulation 010.13.013(H)(6) must work under the
direct supervision of a journeyman or master electrician at all times as
required by these Regulations.
7. Classroom Study
By memorandum of understanding, the Workforce Education
Apprenticeship Office shall oversee related classroom study of
apprentices.
8. A
certificate of registration may be revoked by the Board for cause. This
includes, but is not limited to the following:
a. Expulsion from or dropping from the
BAT-approved training program;
b.
Performing electrical work which is not performed under the direct supervision
of a licensed master or journeyman electrician; or
c. Performing electrical work outside the
employment of the apprentice's mentoring or sponsoring electrician or
electrical contractor.
9. A licensed electrician shall verify the
work hours of any apprentice who has been in his/her employ the previous four
(4) years at the request of the Department of Labor; the Department of
Workforce Education; the Bureau of Apprenticeship and Training; and any local
apprenticeship committee. Failure to comply with such a request may result in
the assessment of civil money penalties and the revocation or suspension of a
license.
I. Temporary
licenses
1. 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:
a. A temporary license fee in the amount of
$50 for a master electrician and $25 for a journeyman electrician;
b. A completed application on a form provided
by the Board; and
c. 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 010.13-012(B) or (C).
2. A temporary license may be renewed one (1)
time only for industrial projects, upon submission by the applicant of the
items listed in Regulation 010.13-013(I)(1) above.
3. 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.
4.
The Board may issue and renew a temporary license as a master electrician or
journeyman electrician for regularly scheduled or emergency maintenance work or
shut-downs of not longer than six (6) weeks on industry projects as defined by
Ark. Code Ann. §
17-28-102(f).
010.13-014
Revocation,
Suspension, Surrender and Denial of
Licenses
A. Authority of Board
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.
B. Automatic Suspension of Apprentice
License/Registration
An apprentice license shall be automatically suspended if the
Electrical Division determines that the apprentice is not compliant with
Regulation 010.13-013(H) of the Board. The Electrical Division shall notify the
apprentice of this suspension and that a final revocation hearing has been
scheduled before the Board. The automatic suspension shall continue until a
final revocation hearing before the Board or until the apprentice proves
compliance with Regulation 010.13-013(H) of the Board.
C. Complaints Against Licensee
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 state the actions of the license holder(s) causing damage to the
complainant. Damage or wrongful action which may be investigated includes, but
is not limited to the following:
a.
property damage;
b. electrical work
that does not comply with the minimum standards for such work established by
Regulation 010.13-008;
c. threats
of bodily harm made by a licensee; and d. accepting payment for electrical work
or supplies that is not performed or provided.
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.
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.
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 last 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. and these Regulations.
5. The
Arkansas Department of Labor may impose a civil money penalty subject to appeal
to the Board pursuant to Rule 010.13-015.
D. Emergency Action
1. If the Board finds that the public health,
safety, or welfare imperatively requires emergency action and incorporates that
finding in its order, the Board can summarily suspend, limit, or restrict a
license. The notice requirement in 010.13-007(G) does not apply and must not be
construed to prevent a hearing at the earliest time practicable.
2. Emergency Order:
An emergency adjudicative order must contain findings that the
public health, safety, and welfare imperatively require emergency action to be
taken by the division. The written order must include notification of the date
on which division proceedings are scheduled for completion.
Written Notice. The written emergency adjudicative order will
be immediately delivered to persons who are required to comply with the order.
One or more of the following procedures will be used:
a. Personal delivery;
b. Certified mail, return receipt requested,
to the last address on file with the division;
c. First class mail to the last address on
file with the division;
d. Fax. Fax
may be used as the sole method of delivery if the person required to comply
with the order has filed a written request that division orders be sent by fax
and has provided a fax number for that purpose.
e. Oral notice. Unless the written emergency
order is served by personal delivery on the same day that the order issues, the
division shall make reasonable immediate efforts to contact by telephone the
persons who are required to comply with the order.
3. Unless otherwise provided by law, within
ten (10) days after emergency action taken pursuant to paragraph (D)(1) of this
rule, the Electrical Division must initiate a formal suspension or revocation
proceeding.
E. Denial of
License-Right to Appeal
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.
F. Notice and Burden of Proof
1. Prior to the entry of a final order to
suspend, revoke, annul, or withdraw a license, or to impose other sanctions
upon a licensee, the Electrical Division will serve the licensee a notice of
hearing in the manner set out in A.C.A. §
25-15-208
and Rule 010.13-007(G).
2. The
division has the burden of proving the alleged facts and violations of law
stated in the notice.
G.
Voluntary Surrender of License
The licensee, in lieu of formal disciplinary proceedings, may
offer to surrender his or her license, subject to the division's determination
to accept the proffered surrender, rather than conducting a formal disciplinary
proceeding.
H. Duty of
Sanctioned Licensee
In every case in which a license is revoked, suspended, or
surrendered, the licensee shall, within thirty (30) days of the revocation,
suspension, or surrender, do the following:
1. Return his or her license to the
Electrical Division's office;
2.
Notify all of his or her clients or employer in writing that his or her license
has been revoked, suspended, or surrendered;
3. Notify all clients or his or her employer
to make arrangements for other services, calling attention to any urgency in
seeking the substitution of another licensee;
4. Deliver to all clients or employer any
papers or property to which they are entitled, or notify the client or employer
of a suitable time and place where the papers and other property may be
obtained, calling attention to any urgency for obtaining the papers or other
property;
5. Refund any part of the
fees paid in advance that have not been earned;
6. Keep and maintain a record of the steps
taken to accomplish the foregoing;
7. File with the Electrical Division a list
of all other state, federal, and administrative jurisdictions by which he or
she is licensed. Upon such filing, the division will notify those entitled of
the revocation, suspension, or surrender; and
8. The sanctioned licensee shall, within
thirty (30) days of revocation, suspension, or surrender of the license, file
an affidavit with the agency that he or she has fully complied with the
provisions of the order and completely performed the foregoing or provide a
full explanation of the reasons for his or her non-compliance. Such affidavit
shall also set forth the address where communications may thereafter be
directed to the respondent.
I. Reinstatement After Suspension
1. An order suspending a license may provide
that a person desiring reinstatement may file with the Board a verified
petition requesting reinstatement.
2. The petition for reinstatement must set
out the following:
a. That the individual has
fully and promptly complied with the requirements of section 010.13-014(H) of
these rules pertaining to the duty of a sanctioned licensee;
b. That the individual has refrained from
practicing in this occupation or business during the period of
suspension;
c. That the
individual's license fee is current or has been tendered to the division; and
d. That the individual has fully
complied with any requirements imposed as conditions for
reinstatement.
3. Any
knowing misstatement of fact may constitute grounds for denial or revocation of
reinstatement.
4. Failure to comply
with the provisions of sections 010.13-014(H)7 and (H)8 of this Rule precludes
consideration for reinstatement.
5.
No individual will be reinstated unless the Board approves reinstatement upon a
recommendation from the Board by a majority vote.
J. Re-Licensure for Revoked or Surrendered
License
1. No individual who has had his or
her license revoked or who has surrendered his or her license will be licensed,
except on petition made to the Board. The application for re-licensure is not
allowed until at least two (2) years after the revocation or surrender of the
license took effect.
2. The
applicant bears the burden of proof that he or she is rehabilitated following
the revocation or surrender of his license, that he can engage in the conduct
authorized by the license without undue risk to the public health, safety, and
welfare, and he is otherwise qualified for the license.
3. The Board may impose any appropriate
conditions or limitations on a license to protect the public health, safety and
welfare.
4. The Board may require
that the person seeking re-licensure take the licensing exam.
5. The applicant must comply with the same
terms as provide in paragraph (I) of this Rule for reinstatement following a
suspension.
010.13-015
Civil Money Penalties
A. Civil Penalties, Generally.
1. 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:
a. Two hundred fifty dollars ($250.00) for a
first offense;
b. Seven hundred
fifty dollars ($750.00) for a second offense;
c. One thousand dollars ($1000.00) for a
third offense.
2. Each
day of a continuing violation shall constitute a separate offense.
3. Assessment of a civil penalty shall be
made no later than two (2) years from the date of the occurrence of the
violation.
4. The amount of civil
penalties will be determined in accordance with Regulation 010.13-015(C) and
(D).
5. Nothing in these
Regulations shall abridge the authority of the Board to revoke or suspend any
license for cause. A licensee may be assessed a civil money penalty and have
his or her license suspended or revoked for the same offense.
B. Notice of Civil Money Penalty
Assessment
1. 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 (at the last known address on file with the division, if the individual is
licensed) of the following:
a. the type of
violation(s);
b. the date(s) of the
violation(s);
c. the amount of the
civil penalty for the violation(s);
d. the civil penalty determination issued by
the Electrical Division staff shall be final, unless within twenty (20) days
after receipt of this notice, the person, firm, or corporation notifies the
Director in writing that the person, firm, or corporation contests the penalty;
and
e. the procedure for
contesting a civil penalty as provided in Regulation 010.13-015(E).
2. If the person, firm,
corporation, partnership, or association charged with the violation has not
filed written notice with the Director that the charged party contests the
civil penalty within twenty (20) days after receiving notice in accordance with
Regulation 010.13-015(B)(1), the penalty assessment by the Electrical Division
staff shall become the final determination of the Director.
3. 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.
C. Civil Penalty
Assessment
1. 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 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:
a. Two hundred fifty
dollars ($250.00) for a first offense;
b. Seven hundred fifty dollars ($750.00) for
a second offense; and
c. One
thousand dollars ($1000.00) for a third offense.
2. The amount of a civil penalty will be
based on the Violation Fine Schedule in Regulation 010.13-015(D).
3. 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).
4. Upon appeal, the Board may exercise its
discretion in determining the appropriate penalty according to the Violation
Fine Schedule in Regulation 010.13-015(D). In determining the amount of a civil
monetary penalty, the Board may consider:
a.
The degree and extent of harm to the public safety or to property, or the
potential for harm;
b. The duration
and gravity of the violation;
c.
Whether the violation was committed willfully or intentionally, or reflects a
continuing pattern;
d. Whether the
violation involved elements of fraud or deception either to the public or to
the Board, or both;
e. The
violator's prior disciplinary record with the Board;
f. Whether and to the extent which the
violator profited by the violation.
5. 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 010.13-015(D).
6. 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.
D. Violation
Fine Scheduler
1. 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).
2. The aggravating and mitigating factors in
Regulation 010.13-015(C)(4) may affect the final civil monetary penalty
assessed.
3. Nothing in these
regulations shall abridge the authority of the Board to revoke or suspend any
license for any offense.
FINE SCHEDULE
|
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
Failure to correct electric code violations
within a reasonable time |
17-28-304
20-31-105 |
$250
$250 |
$500
$750 |
Discretionary (up to $1000 per
day)
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 -010.13- 013(H)(6) (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) 010.13-009(A)(1-
6) |
$50 |
$100 |
Discretionary (up to $1000 per
day) |
|
Failure of apprentice to register with the
Arkansas Department of Labor |
Regulation 010.13-013(H) |
$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 010.13-017(F) |
$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 & Regulations 010.13-014(A) and
010.13- 013(E) |
$250 |
$750 |
Discretionary (up to $1000 per
day) |
|
Other violations |
Discretion ary (up to $250 per
day) |
Discretionary (up to $750 per
day) |
Discretionary (Up to $1000 per
day) |
E. Contesting a Civil Penalty
1. The person, firm, or corporation may
contest the imposition of a civil penalty by filing a written request for a
hearing with the Director, 10421 West Markham, Little Rock, Arkansas 72205. The
written request must be made within twenty (20) days after receipt of
notification of the civil penalty or the assessment will become
final.
2. A written request for a
hearing shall be scheduled for a hearing before the Board.
3. The person, firm, or corporation shall be
provided at least twenty (20) days notice of the hearing. Such notice shall
include:
a. a statement of the time, date,
place, and nature of the hearing;
b. A statement of the legal authority and
jurisdiction under which the hearing is to be held;
c. A short and plain statement of the matters
of fact and law asserted; and d. 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.
4. 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.
5. 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.
F. Failure to pay
civil monetary penalties.
1. 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.
2. Failure to pay
assessed fines may result in the denial, revocation or suspension of any
electrical license or certification.
010.13-016
Reciprocity
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.
010.13-017
Non-licensed Persons Performing Electrical Work
A. 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.
B. 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.
C. 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:
1. a statement of the allegations against the
person or corporation;
2. 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; and
3. 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 a
criminal complaint with the local prosecuting attorney.
D. Notice of any scheduled hearing shall be
mailed at least twenty (20) days prior to the hearing date.
E. 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.
F. No person licensed by this Board shall
employ unlicensed persons or unregistered apprentices to perform electrical
work without an exemption.
G. Any
electrical work performed by a non-licensed person that does not comply with
the minimum standards established by Regulation 010.13-008, may be required to
be removed at the discretion of a state electrical inspector. The
responsibility and costs for removal shall be that of the non-licensed person.
In the event the non-licensed person is employed by a licensed electrician or
an electrical contractor, the responsibility and costs for removal shall be
that of the licensee or the responsible master electrician employed by the
contractor.
010.13-018
Restricted Lifetime Master Electrician's License
A. Qualifications. To qualify for a
restricted lifetime master electrician license, an applicant shall:
1. have been a licensed master electrician
licensed by the Board of Electrical Examiners for not less than twelve (12)
years;
2. be at least sixty-five
(65) years of age; and
3. 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.
B.
Application
1. Application for a restricted
lifetime master electrician license shall be on a form approved by the
Board.
2. 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:
a. a birth certificate;
b. a passport or certificate of arrival in
the United States;
c. a
state-issued driver's license or identification card;
d 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
e. any other document of similar
reliability.
C. 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.
D. Fees. The fee
for issuance of a Restricted Lifetime Master Electrician license shall be fifty
dollars ($50.00).
E. 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.
F.
Revocation or suspension.
1. 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.
2. 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.
3. Revocation or suspension proceedings shall
be conducted in the same manner as provided for other licensed electricians by
regulation of the Board. See Regulation 010.13-014. Revocation, Suspension,
Surrender and Denial of Licenses.
G. 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.
010.13-019
Continuing Education.
A. No journeyman electrician license or
master electrician license shall be renewed unless the licensee completes at
least eight (8) hours of continuing education for each National Electrical Code
(NEC) cycle. Continuing education shall consist of classroom or other Board
approved instruction relating specifically to the National Electrical Code. The
NEC cycle shall begin on January 1 of each year of NEC publication.
B. Approved Continuing Education Hours:
1. Continuing education hours required by
these Regulations shall be obtained only in programs and courses approved by
the Board.
2. The Board shall
examine and approve curricula from any entity that provides continuing
education to determine whether it provides appropriate and adequate NEC
instruction.
3. Course curricula
shall be presented to the Board for approval at least sixty (60) days prior to
the date of the course. The curricula shall be presented on a form approved by
the Board. Electrical Division staff may recommend course providers and
curricula to the Board for approval. The Board may approve retroactive credit
for courses completed during the current NEC cycle but before the effective
date of these regulations.
4. Upon
completion of a Board approved course, the course provider shall complete an
attendance roster form approved by the Board to confirm completion. The course
provider shall submit this form to the Board and/or the Arkansas Department of
Labor Electrical Division. The course provider's roster is the only document
acceptable to confirm completion of course credit. Each course provider shall
maintain this information not less than five (5) years from the course
completion date.
5. The Arkansas
Department of Labor Electrical Division shall:
a. maintain the attendance rosters submitted
by course providers; and
b.
maintain a list of Board approved courses.
C. No apprentice that completes an
apprenticeship program and passes the journeyman exam shall be required to
obtain additional continuing education hours during that NEC cycle.
D. Failure to complete continuing education
hours
1. If any licensee fails to complete the
required continuing education hours before the end of each NEC cycle, the
licensee may obtain the required continuing education hours within ninety (90)
days without being subject to examination requirements or civil penalties for
performing unlicensed electrical work. All other civil penalties shall
apply.
2. If the licensee fails to
obtain the required hours within this ninety (90) day period, the licensee
shall be required to take another examination.
010.13-020
Code Enforcement
A. An electrical inspector of the department
may require electrical work to be exposed for inspection, including the removal
of sheetrock or other finish material applied to walls, floors or ceilings in
the following circumstances:
1. The electrical
work had not been subject to inspection by a city or county code enforcement
authority; and
2. The state
inspector has evidence of serious violations of the standards established by
Regulation 010.13-008 in the visible electrical work. "Serious violations"
include the following:
a. open conductors or
unapproved raceways;
b. open
splices not in approved boxes;
c.
cables not protected from physical damage;
d. unapproved wiring, such as telephone or
thermostat wire for 120 volt receptacles; and
e. Romex cable run in air plenums in
walls.
B. Any
property damage caused in order to expose electrical work for inspection or in
order to correct violations of the minimum standards established by Regulation
010.13.008, shall be repaired by the responsible electrician so that the
property is in the same or equivalent status as before the correction or
exposure.
C. Disconnecting devices
or equipment is not an acceptable method of correcting violations to the
minimum standards established by Regulation 010.13.008.
010.13-021
Effective Date, Repealer and
History.A. Effective June 1, 2008 all
previous regulations promulgated by the Board are hereby repealed.
B. The effective date of these regulations is
June 1, 2008.
C. History
1. The Board of Electrical Examiners first
promulgated regulations effective September 12, 1979. These regulations were
amended effective October 15, 1987.
2. All previous rules and regulations of the
Board were repealed and new rules and regulations were adopted effective
January 1, 1992. These regulations were amended effective January 19, 1993;
September 29, 1993; January 15, 1996; June 1, 1999; and July 1, 1999
3. All previous rules and regulations of the
Board were repealed and new rules and regulations were adopted effective
September 1, 1999. These regulations were amended effective August 20, 2001;
January 1, 2002; April 1, 2002; April 1, 2004; November 1, 2004; October 1,
2005; and June 1, 2006.
4. All
previous rules and regulations of the Board of Electrical Examiners were
repealed and new rules and regulations were adopted effective June 1,
2008.
