Current through Register Vol. 49, No. 9, September, 2024
224-25-1
ISSUANCE OF LICENSE OR
REGISTRATION
(a) All Contractors
licenses or Registrations will be issued under the name and address listed on
the front of the application form. The use of any other name may constitute a
violation. It is the responsibility of the contractor to inform the Contractors
Licensing Board in writing of any name, address, ownership or any other change
relating to said license or Registration within 15 days of such
change.
(b)
(1) All applications for a Contractors
license or Registration in the State of Arkansas must be filed as either; (1)
individual, (2) partnership, (3) corporation, (4) limited liability company or
(5) any other business organization recognized by the Arkansas Secretary of
State's Office.
(2) Each
application for a license must be supported by a qualifying party, who has
satisfactorily completed such examination as may be required by the Board,
prior to being issued a license to engage in contracting in the State of
Arkansas. Anyone failing to pass such examination may be re-examined at any
regular examination period, upon payment of proper fee. Should the qualifying
party (business and law or trade) leave a licensed entity, written notice shall
be given within fifteen (15) days to the Contractors Licensing Board. The
notice shall state the name and position of the individual leaving and the name
and position of the individual who will replace the departing qualifier. The
replacement qualifier must be fully qualified within thirty (30) days of the
departure of the previous qualifier. Any license not renewed within two years
of expiration shall be required to re-qualify by examination process, as may be
required at the time.
224-25-2
LICENSE OR REGISTRATION
EXPIRATION & RENEWAL
(a)
Expiration. All licenses and registrations to engage in the business of
contracting in the State of Arkansas shall expire at midnight of the date of
its expiration. However, a license or registration held by an active duty
service person, or their spouse, who is on deployment outside the State of
Arkansas shall not expire until 180 days following their return to the
State.
(b) Renewal.
(1) Renewal notices will be mailed
approximately 60 days prior to the expiration of a license or registration.
However, it shall be the responsibility of the holder of the Contractors
License or registration to renew said license or registration. Failure to
receive a renewal notice shall not excuse the failure to timely renew. A
renewal application will be considered timely filed if a completed application
is received by the Board by the expiration date.
(2) License renewal applications received by
the Board prior to the expiration date of the license shall be accompanied by a
renewal fee of $50.00 and the licensee may continue to use the license until
the next meeting of the Board following the expiration date of the
license.
(3) License renewal
applications received within thirty (30) days of the expiration of the license
shall be accompanied by a $100.00 renewal fee. Upon the receipt of the
application the license shall be deemed to be reinstated until the Board has
met and acted upon the renewal. The reinstatement of a license does not
reinstate the license for the time period between the expiration of the license
and the receipt of the application by the Board.
(4) Any license renewal application received
more than thirty (30) days after the expiration of the license shall be
accompanied by a $100.00 fee and may be reviewed by the Board at its next
available meeting. The applicant shall not have a valid license until said
application is approved by the Board. A license may be renewed up until two (2)
years after its expiration date. Any license expired two (2) years or more may
apply for reinstatement.
(5) Any
license renewal application not meeting the requirements of the Board at its'
initial review, but being placed in an "improve status" will constitute an
extension of the existing license until the next available board meeting, at
which time the license will expire if a new license is not issued unless it is
again placed in "improve" status.
224-25-3
LICENSE AND REGISTRATION
APPLICATIONS
Any application not complete within ninety (90) days after
original receipt in our office will become invalid. Any application not passing
the Board's review will be considered invalid after ninety (90) days from the
date of its original review. During the ninety (90) day period the applicant
may have the opportunity to make corrections or improvements needed in the
application in order to warrant the issuance of a license or registration.
After an application becomes invalid a new application and fee must be
submitted for consideration to obtain a Contractors License or
registration.
224-25-5
CLASSIFICATION & EXPERIENCE
(h) Any contractor holding a specialty
classification for which a license or permit is required by another licensing
or permitting authority, must hold the necessary license or permit in order to
receive a license or registration from the Board.
224-25-7
BIDDING &
CLASSIFICATION
(b) Any project being
advertised for bid in the State of Arkansas for construction, erection,
alteration, or repair of any building or any other structure, must be bid by a
licensed prime contractor. However, if the Electrical and Mechanical
classification. considered together, or any other licensed classification,
considered by itself, should constitute 80% or more of the total project, the
holder of that classification may bid as a prime contractor on the project. A
prime Contractor accepts full responsibility for any project except as may be
written in the contract with owner.
(e) A Contractor holding the Building
classification may enter into general contracts for building construction
including all specialty items required in the contract to make the building
usable for the purpose intended and may perform these items with his own
forces, if qualified, or may sublet such work to qualified specialty
contractors skilled in the particular fields involved. It is the specific
responsibility of the prime contractor to furnish the skills required for the
proper performance of all the work included in the contract.
224-25-8
COMPLAINTS &
INVESTIGATIONS
(a) The purpose of the
complaints procedure is to effectively deal with issues effecting the licensure
or registration of Contractors. The complaints procedure is not intended to
function as a dispute resolution process or a code enforcement process. Any
complaint registered with the Contractors Licensing Board of alleged violations
must be submitted in writing with proper information to identify job site,
owner if possible, any name and phone numbers of individuals and any other
information that may tend to be useful in the investigation. The Complainant
must furnish his/their name, address and phone number in order to obtain any
other information that may be necessary for proper investigation. A written
response will be made to a Complainant when investigation is closed if so
requested in writing.
(b) A
contractor who is licensed or registered shall cooperate with any investigation
and provide the Board with all relevant information requested by the Board. The
failure to cooperate or to timely provide the Board with relevant information
as requested may constitute misconduct in the conduct of the contractors
business and may subject the contractor to the revocation of the contractors
license or registration.
(c) The
Contractors Licensing Board may delegate to the administrator/investigator the
authority to obtain contractor compliance as may be necessary. The
administrator/investigator will conduct all investigations in such a manner
that would be complimentary to the Licensing and Registration Law for
Contractors.
224-25-13
REGISTRATION
(a) Pursuant to Ark.
Code Ann. §
17-25-102,
a contractor may register with the Board. The contractor shall complete the
form required by the Board and submit the appropriate fee. A contractor may
register for any of the specialty classifications listed in Rule 6(i). The
contractor must certify its competence and financial ability to perform the
functions for which it is registering.
(b) The Registration fee, for both original
and renewal, shall be one hundred dollars ($100).