Current through Register Vol. 49, No. 9, September, 2024
I.
GENERAL
PROVISIONS
A. Governing Law. These
rules are promulgated pursuant to Act 1011 of 2019, Ark Code Ann. §
17-1-108.
B. Conflict of Rules. These rules shall
supersede any State Plant Board rules governing reciprocal, temporary, and
provisional licensing of the occupational licenses enumerated herein.
C. Incorporation of Definitions. These rules
hereby incorporate by reference the definitions of each rule governing the
licenses addressed herein unless the context clearly indicates
otherwise.
II.
AGRICULTURAL CONSULTANTS
Reciprocity
A. Required Qualifications. An applicant
applying for reciprocal licensure in agriculture consultancy shall meet the
following requirements:
1. The applicant
shall hold a substantially similar license in another United States
jurisdiction.
a. A license from another
jurisdiction is substantially similar to an Arkansas agricultural consultant
license if the other jurisdiction's licensure qualifications require:
i. A bachelor's degree in board-approved crop
related field; or
ii. Has seven (7)
years of continuous experience working for a licensed agricultural
consultant.
b. The
applicant shall hold his or her occupational licensure in good
standing;
c. The applicant shall
not have had a license revoked for:
i. An act
of bad faith; or
ii. A violation of
law, rule, or ethics;
d.
The applicant shall not hold a suspended or probationary license in a United
States jurisdiction; and
2. The applicant shall be sufficiently
competent in the field of agricultural consultancy.
B. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the documentation
described below.
1. As evidence that the
applicant's license from another United States jurisdiction is substantially
similar to Arkansas's, the applicant shall submit the following information:
a. Evidence of current and active licensure
in that United State jurisdiction. The Department may verify this information
online if the jurisdiction at issue provides primary source verification on its
website or by telephone to the other jurisdiction's licensing board;
and
b. Evidence that the other
United States jurisdiction's licensure requirements match those listed in
A.1.a.i and ii. The Department may verify this information online or by
telephone to the other jurisdiction's licensing board.
2. To demonstrate that the applicant meets
the requirement in A.1.b. through d., the applicant shall provide the
Department with:
a. The names of all United
States jurisdictions in which the applicant is currently licensed or has been
previously licensed;
b. Letters of
good standing or other information from each United States jurisdiction in
which the applicant is currently or has ever been licensed showing that the
applicant has not had his license revoked for the reasons listed in A.1.c. and
does not hold a license on suspended or probationary status as described in
A.1.d. The Department may verify this information online if the jurisdiction at
issue provides primary source verification on its website or by telephone to
the other jurisdiction's licensing board.
3. As evidence that the applicant is
sufficiently competent in the field of agricultural consultancy, an applicant
shall pass a written examination administered by the Board or Certified Crop
Advisors.
Temporary and Provisional
License
C. The Department
shall issue a temporary and provisional license immediately upon receipt of the
application, the required fee, and the documentation required under B.1.a. and
b.
D. The temporary and provisional
license shall be effective for ninety (90) days, unless the Department
determines that the applicant does not meet the requirements in A.1. and A.2.,
in which case the temporary and provisional license shall be immediately
revoked.
E. An applicant may
provide the rest of the documentation required above in order to receive a
license, or the applicant may only provide the information necessary for the
issuance of a temporary and provisional license.
License for person from a jurisdiction that does
not license occupation.
F. Required Qualifications. An applicant from
a United States jurisdiction that does not license agricultural consultants
shall meet the following requirements:
1. The
applicant shall be sufficiently competent in the agricultural consultancy;
and
2. Possess a bachelor's degree
in a board-approved crop related field.
G. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the documentation
described below.
1. As evidence that the
applicant is sufficiently competent in the field of agricultural consultancy,
an applicant shall pass a written examination administered by the Board or
Certified Crop Advisors.
2. Provide
official transcripts of a bachelor's degree in a board-approved crop related
field.
III.
CATFISH PROCESSORS
Reciprocity
A. Required Qualifications. An applicant
applying for reciprocal licensure as a catfish processor shall meet the
following requirements:
1. The applicant
shall hold a substantially similar license in another United States
jurisdiction.
a. The applicant shall hold his
or her occupational licensure in good standing;
b. The applicant shall not have had a license
revoked for:
i. An act of bad faith;
or
ii. A violation of law, rule, or
ethics;
c. The applicant
shall not hold a suspended or probationary license in a United States
jurisdiction;
2. The
applicant shall be sufficiently competent in catfish processing; and
3. Satisfy the bonding and financial
reporting requirements listed in Sections III and IV of the State Plant Board
Regulations on Catfish Processors.
B. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the documentation
described below.
1. As evidence that the
applicant's license from another jurisdiction is substantially similar to
Arkansas's, the applicant shall submit evidence of current and active licensure
in another United States jurisdiction. The Department may verify this
information online if the jurisdiction at issue provides primary source
verification on its website or by telephone to the other United States
jurisdiction's licensing board; and
2. To demonstrate that the applicant meets
the requirement in A.1.a. through c, the applicant shall provide the Department
with:
a. The names of all United States
jurisdictions in which the applicant is currently licensed or has been
previously licensed;
b. Letters of
good standing or other information from each United States jurisdiction in
which the applicant is currently or has ever been licensed showing that the
applicant has not had his license revoked for the reasons listed in A.1.b. and
does not hold a license on suspended or probationary status as described in
A.1.c. The Department may verify this information online if the jurisdiction at
issue provides primary source verification on its website or by telephone to
the other United States jurisdiction's licensing board.
3. The applicant shall submit the bonding and
financial reporting documentation required in Sections III and IV of the State
Plant Board Regulations on Catfish Processors.
Temporary and Provisional
License
C. The Department
shall issue a temporary and provisional license immediately upon receipt of the
application, the required fee, and the documentation required under B.1 and
B.3.
D. The temporary and
provisional license shall be effective for ninety (90) days, unless the
Department determines that the applicant does not meet the requirements in
Reciprocity sections A.1 through A.3, in which case the temporary and
provisional license shall be immediately revoked.
E. An applicant may provide the rest of the
documentation required above in order to receive a license, or the applicant
may only provide the information necessary for the issuance of a temporary and
provisional license.
License for person from a jurisdiction that does
not license occupation.
F. Required Qualifications. An applicant from
a United States jurisdiction that does not license catfish processors shall
meet the following requirements:
1. The
applicant shall be sufficiently competent in the catfish processing;
and
2. The applicant shall meet the
bonding and financial reporting requirements listed in Sections III and IV of
the State Plant Board Regulations on Catfish Processors.
G. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the bonding and
financial reporting documentation required in Section III and IV of the State
Plant Board Regulations on Catfish Processors.
IV.
COMMERCIAL APPLICATORS
(INDIVIDUALS)
Reciprocity
A. Required Qualifications. An applicant
applying for reciprocal licensure as a commercial applicator as defined in Ark.
Code Ann. §
20-20-203(5)
shall meet the following requirements:
1. The
applicant shall hold a substantially similar license in another United States
jurisdiction.
a. A commercial applicator
license from another United States jurisdiction is substantially similar to an
Arkansas commercial applicator license if the other jurisdiction's licensure is
issued pursuant to a certification plan approved by the Environmental
Protection Agency under
40 CFR
§
171.301 et seq.
b. The applicant shall hold his or her
occupational licensure in good standing;
c. The applicant shall not have had a license
revoked for:
i. An act of bad faith;
or
ii. A violation of law, rule, or
ethics;
d. The applicant
shall not hold a suspended or probationary license in a United States
jurisdiction;
2. The
applicant shall be sufficiently competent in the commercial applicator
occupation as defined in Ark. Code Ann. §
20-20-203(5);
3. The applicant shall be employed by a
licensed commercial applicator firm.
B. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the documentation
described below.
1. As evidence that the
applicant's license from another jurisdiction is substantially similar to
Arkansas's, the applicant shall submit the following information:
a. Evidence of current and active licensure
in that jurisdiction. The Department may verify this information online if the
jurisdiction at issue provides primary source verification on its website or by
telephone to the other jurisdiction's licensing board; and
b. Evidence that the other jurisdiction's
licensure requirements match those listed in A.1.a. The Department may verify
this information online or by telephone to the other jurisdiction's licensing
board.
2. To demonstrate
that the applicant meets the requirement in A.1.b. through d., the applicant
shall provide the Department with:
a. The
names of all jurisdictions in which the applicant is currently licensed or has
been previously licensed;
b.
Letters of good standing or other information from each jurisdiction in which
the applicant is currently or has ever been licensed showing that the applicant
has not had his license revoked for the reasons listed in A.1.c. and does not
hold a license on suspended or probationary status as described in A.1.d. The
Department may verify this information online if the jurisdiction at issue
provides primary source verification on its website or by telephone to the
other jurisdiction's licensing board.
3. As evidence that the applicant is
sufficiently competent in the application of restricted use pesticides, an
applicant shall pass a licensure exam approved by the Department for each
licensing category in which the applicant seeks reciprocity.
4. The applicant shall provide proof of
employment with a licensed commercial applicator firm.
Temporary and Provisional
License
C. The Department
shall issue a temporary and provisional license immediately upon receipt of the
application, the required fee, and the documentation required under B.1 and
B.4.
D. The temporary and
provisional license shall be effective for ninety (90) days, unless the
Department determines that the applicant does not meet the requirements in
Reciprocity sections A.1. through A.3, in which case the temporary and
provisional license shall be immediately revoked.
E. An applicant may provide the rest of the
documentation required above in order to receive a license, or the applicant
may only provide the information necessary for the issuance of a temporary and
provisional license.
License for person from a jurisdiction that does
not license occupation.
F. Required Qualifications. An applicant from
a state that does not license commercial applicators shall meet the following
requirements:
1. The applicant shall be
sufficiently competent in the commercial applicator occupation as defined in
Ark. Code Ann. §
20-20-203(5);
2. The applicant shall be employed by a
licensed commercial applicator firm.
G. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the documentation
described below.
1. As evidence that the
applicant is sufficiently competent in the application of restricted use
pesticides, an applicant shall pass a licensure exam approved by the Department
for each licensing category in which the applicant seeks reciprocity.
2. The applicant shall provide proof of
employment with a licensed commercial applicator firm.
V.
PEST CONTROL
COMMERCIAL APPLICATOR LICENSE (LICENSED OPERATOR)
Reciprocity
A. Required Qualifications. An applicant
applying for reciprocal licensure as a licensed operator as defined in Ark.
Code Ann. §
17-37-102(5)
shall meet the following requirements:
1. The
applicant shall hold a substantially similar license in another United States
jurisdiction.
a. A commercial applicator
license from another United States jurisdiction is substantially similar to an
Arkansas commercial pest control operator license if the other jurisdiction's
licensure is issued pursuant to a certification plan approved by the
Environmental Protection Agency under
40 CFR
§
171.301 et seq.
b. The applicant shall hold his or her
occupational licensure in good standing;
c. The applicant shall not have had a license
revoked for:
i. An act of bad faith;
or
ii. A violation of law, rule, or
ethics;
d. The applicant
shall not hold a suspended or probationary license in a United States
jurisdiction;
2. The
applicant shall be sufficiently competent in the commercial applicator
occupation as defined in Ark. Code Ann. §
20-20-203(5);
and
3. The applicant shall be
employed by a licensed commercial applicator firm.
B. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the documentation
described below.
1. As evidence that the
applicant's license from another jurisdiction is substantially similar to
Arkansas's, the applicant shall submit the following information:
a. Evidence of current and active licensure
in that jurisdiction. The Department may verify this information online if the
jurisdiction at issue provides primary source verification on its website or by
telephone to the other jurisdiction's licensing board; and
b. Evidence that the other jurisdiction's
licensure requirements match those listed in A.1.a. The Department may verify
this information online or by telephone to the other jurisdiction's licensing
board.
2. To demonstrate
that the applicant meets the requirement in A.1.b. through d., the applicant
shall provide the Department with:
a. The
names of all jurisdictions in which the applicant is currently licensed or has
been previously licensed;
b.
Letters of good standing or other information from each jurisdiction in which
the applicant is currently or has ever been licensed showing that the applicant
has not had his license revoked for the reasons listed in A.1.c. and does not
hold a license on suspended or probationary status as described in A.1.d. The
Department may verify this information online if the jurisdiction at issue
provides primary source verification on its website or by telephone to the
other jurisdiction's licensing board.
3. As evidence that the applicant is
sufficiently competent in the application of restricted use pesticides, an
applicant shall pass a licensure exam approved by the Department for each
licensing category in which the applicant seeks reciprocity.
4. The applicant shall provide proof of
employment with a licensed commercial applicator firm.
Temporary and Provisional
License
C. The Department
shall issue a temporary and provisional license immediately upon receipt of the
application, the required fee, and the documentation required under B.1 and
B.4.
D. The temporary and
provisional license shall be effective for 90 days, unless the Department
determines that the applicant does not meet the requirements in Reciprocity
sections A.1. through A.4, in which case the temporary and provisional license
shall be immediately revoked.
E. An
applicant may provide the rest of the documentation required above in order to
receive a license, or the applicant may only provide the information necessary
for the issuance of a temporary and provisional license.
License for person from a jurisdiction that does
not license occupation.
F. Required Qualifications. An applicant from
a state that does not license commercial applicators shall meet the following
requirements:
1. The applicant shall be
sufficiently competent in the commercial applicator occupation as defined in
Ark. Code Ann. §
20-20-203(5);
2. The applicant shall be employed by a
licensed commercial applicator firm.
G. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the documentation
described below.
1. As evidence that the
applicant is sufficiently competent in the application of restricted use
pesticides, an applicant shall pass a licensure exam approved by the Department
for each licensing category in which the applicant seeks licensure.
2. The applicant shall provide proof of
employment with a licensed commercial applicator firm.
VI.
PEST CONTROL
AGENTS
Reciprocity
A. Required Qualifications. An applicant
applying for reciprocal licensure as a pest control agent shall meet the
following requirements:
1. The applicant
shall hold a substantially similar license in another United States
jurisdiction.
a. The applicant shall hold his
or her occupational licensure in good standing;
b. The applicant shall not have had a license
revoked for:
i. An act of bad faith;
or
ii. A violation of law, rule, or
ethics;
c. The applicant
shall not hold a suspended or probationary license in a United States
jurisdiction; and
2. The
applicant shall be sufficiently competent as a pest control agent as defined in
Ark. Code Ann. §
17-37-102(1);
and
3. The applicant shall be
employed by a licensed commercial applicator firm or individual.
B. Required documentation. An
applicant shall submit a fully-executed application, the required fee, and the
documentation described below.
1. As evidence
that the applicant's license from another jurisdiction is substantially similar
to Arkansas's, the applicant shall submit evidence of current and active
licensure in another United States jurisdiction for the categories in which the
applicant seeks reciprocity. The Department may verify this information online
if the jurisdiction at issue provides primary source verification on its
website or by telephone to the other jurisdiction's licensing board;
and
2. To demonstrate that the
applicant meets the requirement in A.1.a. through c, the applicant shall
provide the Department with:
a. The names of
all United States jurisdictions in which the applicant is currently licensed or
has been previously licensed;
b.
Letters of good standing or other information from each United States
jurisdiction in which the applicant is currently or has ever been licensed
showing that the applicant has not had his license revoked for the reasons
listed in A.1.b. and does not hold a license on suspended or probationary
status as described in A.1.c. The Department may verify this information online
if the jurisdiction at issue provides primary source verification on its
website or by telephone to the other United States jurisdiction's licensing
board.
3. As evidence
that the applicant is sufficiently competent as an agent, an applicant shall
pass a licensure exam approved by the Department for each licensing category in
which the applicant seeks reciprocity.
4. The applicant shall provide proof of
employment with a licensed commercial applicator firm.
VII.
GRAIN
DEALERS
Reciprocity
A. Required Qualifications. An applicant
applying for reciprocal licensure as a grain dealer shall meet the following
requirements:
1. The applicant shall hold a
substantially similar license in another United States jurisdiction.
a. The applicant shall hold his or her
occupational licensure in good standing;
b. The applicant shall not have had a license
revoked for:
i. An act of bad faith;
or
ii. A violation of law, rule, or
ethics;
c. The applicant
shall not hold a suspended or probationary license in a United States
jurisdiction;
2. The
applicant shall be sufficiently competent in grain dealership; and
3. Satisfy the bonding and financial
reporting requirements listed in Section III of the State Plant Board
Regulations on Grain Dealers.
B. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the documentation
described below.
1. As evidence that the
applicant's license from another jurisdiction is substantially similar to
Arkansas's, the applicant shall submit evidence of current and active licensure
in another United States jurisdiction. The Department may verify this
information online if the jurisdiction at issue provides primary source
verification on its website or by telephone to the other jurisdiction's
licensing board; and
2. To
demonstrate that the applicant meets the requirement in A.1.a. through c, the
applicant shall provide the Department with:
a. The names of all United States
jurisdictions in which the applicant is currently licensed or has been
previously licensed;
b. Letters of
good standing or other information from each United States jurisdiction in
which the applicant is currently or has ever been licensed showing that the
applicant has not had his license revoked for the reasons listed in A.1.b. and
does not hold a license on suspended or probationary status as described in
A.1.c. The Department may verify this information online if the jurisdiction at
issue provides primary source verification on its website or by telephone to
the other United States jurisdiction's licensing board.
3. The applicant shall submit the bonding and
financial reporting documentation required in Section III of the State Plant
Board Regulations on Grain Dealers.
Temporary and Provisional
License
C. The Department
shall issue a temporary and provisional license immediately upon receipt of the
application, the required fee, and the documentation required under B.1 and
B.3.
D. The temporary and
provisional license shall be effective for ninety (90) days, unless the
Department determines that the applicant does not meet the requirements in
Reciprocity sections A.1. through A.3, in which case the temporary and
provisional license shall be immediately revoked.
E. An applicant may provide the rest of the
documentation required above in order to receive a license, or the applicant
may only provide the information necessary for the issuance of a temporary and
provisional license.
License for person from a jurisdiction that does
not license occupation.
F. Required Qualifications. An applicant from
a United States jurisdiction that does not license grain dealers shall meet the
following requirements:
1. The applicant
shall be sufficiently competent in the grain dealership; and
2. The applicant shall meet the bonding and
financial reporting requirements listed in Section III of the State Plant Board
Regulations on Grain Dealers.
G. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the bonding and
financial reporting documentation required in Section III of the State Plant
Board Regulations on Grain Dealers.
VIII.
GRAIN WAREHOUSE LICENSE
Reciprocity
A. Required Qualifications. An applicant
applying for reciprocal licensure as a grain warehouse shall meet the following
requirements:
1. The applicant shall hold a
substantially similar license in another United States jurisdiction.
a. The applicant shall hold his or her
occupational licensure in good standing;
b. The applicant shall not have had a license
revoked for:
i. An act of bad faith;
or
ii. A violation of law, rule, or
ethics;
c. The applicant
shall not hold a suspended or probationary license in a United States
jurisdiction;
2. The
applicant shall be sufficiently competent in grain warehousing; and
3. Satisfy the bonding and financial
reporting requirements listed in Section III of the State Plant Board
Regulations on Public Grain Warehouses in Arkansas and Ark. Code Ann. §
2-7-201
et
seq.
B.
Required documentation. An applicant shall submit a fully-executed application,
the required fee, and the documentation described below.
1. As evidence that the applicant's license
from another jurisdiction is substantially similar to Arkansas's, the applicant
shall submit evidence of current and active licensure in another United States
jurisdiction. The Department may verify this information online if the
jurisdiction at issue provides primary source verification on its website or by
telephone to the other jurisdiction's licensing board; and
2. To demonstrate that the applicant meets
the requirement in A.1.a. through c, the applicant shall provide the Department
with:
a. The names of all United States
jurisdictions in which the applicant is currently licensed or has been
previously licensed;
b. Letters of
good standing or other information from each United States jurisdiction in
which the applicant is currently or has ever been licensed showing that the
applicant has not had his license revoked for the reasons listed in A.1.b. and
does not hold a license on suspended or probationary status as described in
A.1.c. The Department may verify this information online if the jurisdiction at
issue provides primary source verification on its website or by telephone to
the other United States jurisdiction's licensing board.
3. The applicant shall submit the bonding and
financial reporting documentation required in Section III of the State Plant
Board Regulations on Public Grain Warehouses in Arkansas and Ark. Code Ann.
§
2-7-201
et
seq.
Temporary and Provisional
License
C. The Department
shall issue a temporary and provisional license immediately upon receipt of the
application, the required fee, and the documentation required under B.1 and
B.3.
D. The temporary and
provisional license shall be effective for ninety (90) days, unless the
Department determines that the applicant does not meet the requirements in
Reciprocity sections A.1. through A.3, in which case the temporary and
provisional license shall be immediately revoked.
E. An applicant may provide the rest of the
documentation required above in order to receive a license, or the applicant
may only provide the information necessary for the issuance of a temporary and
provisional license.
License for person from a jurisdiction that does
not license occupation.
F. Required Qualifications. An applicant from
a United States jurisdiction that does not license grain warehousemen shall
meet the following requirements:
1. The
applicant shall be sufficiently competent in the grain warehousing;
and
2. The applicant shall meet the
bonding and financial reporting requirements listed in Section III of the State
Plant Board Regulations on Grain Dealers.
G. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the bonding and
financial reporting documentation required in Section III of the State Plant
Board Regulations on Public Grain Warehouses in Arkansas and Ark. Code Ann.
§
2-7-201
et seq.
IX.
PESTICIDE DEALERS
Reciprocity
A. Required Qualifications. An applicant
applying for reciprocal licensure shall meet the following requirements:
1. The applicant shall hold a substantially
similar license in another United States jurisdiction.
a. A license from another United States
jurisdiction is substantially similar to an Arkansas pesticide dealer license
if the other jurisdiction's licensure authorizes the applicant to engage in the
sale of restricted-use pesticides.
b. The applicant shall hold his or her
occupational licensure in good standing;
c. The applicant shall not have had a license
revoked for:
i. An act of bad faith;
or
ii. A violation of law, rule, or
ethics;
d. The applicant
shall not hold a suspended or probationary license in a United States
jurisdiction;
2. The
applicant shall be sufficiently competent in pesticide dealership;
and
3. Has designated a
representative with power of attorney within the state of Arkansas.
B. Required documentation. An
applicant shall submit a fully-executed application, the required fee, and the
documentation described below.
1. As evidence
that the applicant's license from another jurisdiction is substantially similar
to Arkansas's, the applicant shall submit the following information:
a. Evidence of current and active licensure
in that state. The Department may verify this information online if the
jurisdiction at issue provides primary source verification on its website or by
telephone to the other jurisdiction's licensing board; and
b. Evidence that the other United States
jurisdiction's licensure requirements match those listed in A.1.a. The
Department may verify this information online or by telephone to the other
jurisdiction's licensing board.
2. To demonstrate that the applicant meets
the requirement in A.1.b. through d., the applicant shall provide the
Department with:
a. The names of all states
in which the applicant is currently licensed or has been previously
licensed;
b. Letters of good
standing or other information from each state in which the applicant is
currently or has ever been licensed showing that the applicant has not had his
license revoked for the reasons listed in A.1.c. and does not hold a license on
suspended or probationary status as described in A.1.d. The Department may
verify this information online if the jurisdiction at issue provides primary
source verification on its website or by telephone to the other jurisdiction's
licensing board.
3. As
evidence that the applicant has appointed an in-state representative with power
of attorney, the applicant shall submit documentation demonstrating the
appointment.
Temporary and Provisional
License
C. The Department
shall issue a temporary and provisional license immediately upon receipt of the
application, the required fee, and the documentation required under B.1.a. and
b.
D. The temporary and provisional
license shall be effective for ninety (90) days, unless the Department
determines that the applicant does not meet the requirements in Reciprocity
sections A.1. through A.3, in which case the temporary and provisional license
shall be immediately revoked.
E. An
applicant may provide the rest of the documentation required above in order to
receive a license, or the applicant may only provide the information necessary
for the issuance of a temporary and provisional license.
License for person from a jurisdiction that does
not license occupation.
F. Required Qualifications. An applicant from
a United States jurisdiction that does not license pesticide dealers shall meet
the following requirements:
1. The applicant
shall be sufficiently competent in pesticide dealership; and
2. The applicant has appointed a
representative with power of attorney within the state of Arkansas.
G. Required documentation. An
applicant shall submit a fully-executed application, the required fee, and
documentation demonstrating that the applicant has appointed a representative
with power of attorney within the state of Arkansas.
X.
MISCELLANEOUS
Reciprocity
A. Required Qualifications. An applicant
applying for reciprocal licensure as a nurseryman, nursey dealer, landscape
contractor, plant breeder, or lime vendor shall meet the following
requirements:
1. The applicant shall hold a
substantially similar license in another United States jurisdiction.
a. A license from another jurisdiction is
substantially similar to an Arkansas license if it authorizes engaging in the
same activities as the particular license for which reciprocity is
sought;
b. The applicant shall hold
his or her occupational licensure in good standing;
c. The applicant shall not have had a license
revoked for:
i. An act of bad faith;
or
ii. A violation of law, rule, or
ethics;
d. The applicant
shall not hold a suspended or probationary license in a United States
jurisdiction; and
2. The
applicant shall be sufficiently competent in the field related to the license
for which the applicant is seeking reciprocity.
B. Required documentation. An applicant shall
submit a fully-executed application and the required fee for each license in
which reciprocity is sought.
Temporary and Provisional
License
C. The Department
shall issue a temporary and provisional license immediately upon receipt of the
application and required fee.
D.
The temporary and provisional license shall be effective for ninety (90) days,
unless the Department determines that the applicant does not meet the
requirements in A.1. and A.2., in which case the temporary and provisional
license shall be immediately revoked.
License for person from a jurisdiction that does
not license occupation.
E. Required Qualifications. An applicant from
a United States jurisdiction that does not license the occupations covered
under this section shall meet the following requirements:
1. The applicant shall be sufficiently
competent in the occupation for which the applicant is seeking a license;
and
2. An applicant shall submit a
fully-executed application and the required fee.