Arkansas Administrative Code

17 CAR § 210-1401. Definitions. As used in this subpart: (1) "Electrical inspector" means any individual who is limited by license classification to inspecting the electrical work of others for code compliance or verifying mandatory licensing or permitting requirements as an empl…

17 CAR § 210-1402. License requirement. No person shall perform work as an electrical inspector for the state or any political subdivision of the state without a license issued by the Board of Electrical Examiners of the State of Arkansas.

17 CAR § 210-1403. Application and qualifications. (a) A person shall apply for licensure as an electrical inspector on a form approved by the Board of Electrical Examiners of the State of Arkansas within thirty (30) days of employment or appointment as an electrical inspector. (…

17 CAR § 210-1404. Renewal of license. (a) All electrical inspector licenses shall expire January 1 of each year. (b) Application for renewal of an electrical inspector license shall include: (1) Proof of continued employment or appointment as an electrical inspector with the sta…

17 CAR § 210-1405. Continuing education. (a)(1) An electrical inspector shall complete sixteen (16) hours of continuing education each calendar year. (2) Proof of this continuing education is required for license renewal, regardless of the date of original licensure. (b) Beginnin…

17 CAR § 210-1406. Revocation, suspension, surrender, and denial of license. (a)(1) The Board of Electrical Examiners of the State of Arkansas has the authority to revoke or suspend an electrical inspector's license for just cause subject to hearing before the board pursuant to t…

17 CAR § 210-1407. Civil money penalties. (a) A civil penalty may be assessed against an electrical inspector by the Department of Labor and Licensing and subject to appeal and hearing before the Board of Electrical Examiners of the State of Arkansas pursuant to the Administrativ…

17 CAR § 210-1408. Prohibited conduct. (a) Licensure as an electrical inspector does not qualify or authorize a person to act as an electrician. (b) An electrical inspector shall not inspect electrical work that he or she installed or supervised. (c)(1) An electrical inspector sh…

17 CAR § 210-1409. Other provisions. (a) A person licensed as a master or journeyman electrician who is also employed as a licensed electrical inspector shall be exempt from: (1) License renewal fees for the master or journeyman electrician license pursuant to 17 CAR § 210-704, p…

17 CAR § 210-1501. Definition. As used in this subpart, "uniformed services veteran" means a former member of the uniformed services of the United States discharged under circumstances other than dishonorable.

17 CAR § 210-1502. Automatic Licensure. (a) The Board of Electrical Examiners of the State of Arkansas shall grant automatic licensure to an individual who is the holder in good standing of a license with a similar scope of practice issued by another state, territory, or district…

17 CAR § 210-1503. License expiration. (a) A license held by a uniformed military service member deployed outside the State of Arkansas or his or her spouse shall not expire until one hundred eighty (180) days following the uniformed military service member's or spouse's return f…

17 CAR § 210-1504. Continuing education. A uniformed service member deployed outside the State of Arkansas or his or her spouse shall have an additional one hundred eighty (180) days to obtain the eight (8) hours of continuing education required by Subpart 12 of this part, dating…

17 CAR § 210-201. Initiation of rulemaking. (a) The process of adopting a new rule or amending or repealing an existing rule (hereinafter referred to as "rulemaking") may be initiated by a request of the Board of Electrical Examiners of the State of Arkansas or the Director of th…

17 CAR § 210-202. Petition to initiate rulemaking. (a)(1) Third parties may initiate rulemaking to adopt, amend, or repeal a rule by filing a petition with the Board of Electrical Examiners of the State of Arkansas to initiate rulemaking. (2) The petition must contain: (A) The na…

17 CAR § 210-203. Filing with Legislative Council. Thirty (30) days before the public comment period ends, the Division of Labor will file with Legislative Council the text of the proposed rule or amendment as well as a financial impact statement and any additional information as…

17 CAR § 210-204. Public input. (a)(1) Before finalizing language of a proposed new rule or an amendment to, or repeal of, an existing rule, the Board of Electrical Examiners of the State of Arkansas will receive public input through written comments and/or oral submissions. (2) …

17 CAR § 210-205. Notice of rulemaking. (a) The Board of Electrical Examiners of the State of Arkansas will give notice of proposed rulemaking to be published pursuant to Arkansas Code § 25-15-204. (b) The notice will set any written comment period and will specify the time, date…

17 CAR § 210-206. The decision to adopt a rule. (a) The Board of Electrical Examiners of the State of Arkansas will not finalize language of the rule or decide whether to adopt a rule until the period for public comment has expired and the proposed rule has been reviewed and appr…

17 CAR § 210-207. Variance between adopted rule and published notice or proposed rule. (a) The Board of Electrical Examiners of the State of Arkansas may not adopt a rule that differs from the rule proposed in the published notice of the intended rulemaking on which the rule is b…

17 CAR § 210-208. Concise statement of reasons. (a)(1) When requested by an interested person, either prior to the adoption of a rule or within thirty (30) days after its adoption, the Board of Electrical Examiners of the State of Arkansas shall issue a concise statement of the p…

17 CAR § 210-209. Contents. (a) The Board of Electrical Examiners of the State of Arkansas shall cause its rules to be published and made available to interested persons. (b) The publication must include: (1) The text of the rule; and (2) A note containing the following: (A) The …

17 CAR § 210-210. Format. The published rules of the Division of Labor will be organized substantially in the following format: (1) Statement of Organization and Operations; (2) Information for Public Guidance; (3) General Organization; (4) Rulemaking; (5) Emergency Rulemaking; (…

17 CAR § 210-211. Incorporation by reference. (a) By reference in a rule, the Board of Electrical Examiners of the State of Arkansas 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 …

17 CAR § 210-212. Filing. (a) After the Board of Electrical Examiners of the State of Arkansas formally adopts a new rule or amends a current rule or repeals an existing rule, and after the rule change has been reviewed and approved by the Legislative Council, the staff will file…

17 CAR § 210-301. Request for emergency rulemaking. 17 CAR § 210-202, 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.

17 CAR § 210-302. Finding of emergency. (a) Upon receipt of the written statement requesting an emergency rulemaking and documents or other evidence submitted in support of the assertion that an emergency exists, the Board of Electrical Examiners of the State of Arkansas will mak…

17 CAR § 210-303. Effective date of emergency rule. (a) The Board of Electrical Examiners of the State of Arkansas shall not finalize an emergency rule or file an emergency rule with the Secretary of State for adoption until the emergency rule has been approved under Arkansas Cod…

17 CAR § 210-401. Purpose and use of declaratory orders. (a) 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 of Electrical Examiners of the State…

17 CAR § 210-402. The petition. The process to obtain a declaratory order is begun by filing with the Director of the Division of Labor a petition that provides the following information: (1) The caption shall read: Petition for Declaratory Order before the Board of Electrical Ex…

17 CAR § 210-403. Disposition. (a)(1) The Board of Electrical Examiners of the State of Arkansas may hold a hearing to consider a petition for declaratory statement. (2) If a hearing is held, it shall be conducted in accordance with Arkansas Code §§ 25-15-208 and 25-15-213, and t…

17 CAR § 210-501. Scope of this subpart. (a) This subpart applies in all administrative adjudications conducted by the Board of Electrical Examiners of the State of Arkansas. (b) This procedure is developed to provide a process by which the board formulates orders, including orde…

17 CAR § 210-502. Presiding officer. The Board of Electrical Examiners of the State of Arkansas chair shall preside at the hearing or may designate a hearing officer, examiner, or referee to preside at a hearing.

17 CAR § 210-503. Appearances. (a) Any party appearing in any Board of Electrical Examiners of the State of Arkansas proceeding has the right, at his or her own expense, to be represented by counsel. (b) The respondent may appear on his or her own behalf. (c) Any attorney represe…

17 CAR § 210-504. 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 wou…

17 CAR § 210-505. 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 t…

17 CAR § 210-506. 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 …

17 CAR § 210-507. Initiation and notice of hearing. (a) An administrative adjudication is initiated by the issuance of a notice of hearing from the Division of Labor. (b)(1) The notice of hearing will be sent to the respondent by United States Mail, return receipt requested, deli…

17 CAR § 210-508. Motions. (a)(1) All requests for relief will be by motion. (2) Motions must be in writing or made on the record during a hearing. (3) A motion must fully state the action requested and the grounds relied upon. (b)(1) The original written motion will be filed wit…

17 CAR § 210-509. Answer. A respondent may file an answer.

17 CAR § 210-510. Discovery. (a) Upon written request, the Board of Electrical Examiners of the State of Arkansas or the Division of Labor will provide the information designated in Arkansas Code § 25-15-208(a)(3). (b) Such requests should be received by the Electrical Section, D…

17 CAR § 210-511. Continuances. (a)(1) The Board of Electrical Examiners of the State of Arkansas chair may grant a continuance of hearing for good cause shown. (2) Requests for continuances will be made in writing. (3) The request must state the grounds to be considered and be m…

17 CAR § 210-512. Hearing procedures. (a) 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 of Electrica…

17 CAR § 210-513. 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 o…

17 CAR § 210-514. Evidence. (a) 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. (b)(1) Stipulation of facts is encouraged. (2) The Board of Electrical…

17 CAR § 210-515. Default. If a party fails to appear or participate in an administrative adjudication after proper service of notice, the Board of Electrical Examiners of the State of Arkansas may proceed with the hearing and render a decision in the absence of the party.

17 CAR § 210-516. Subpoenas. (a)(1) At the request of any party, the Director of the Division of Labor shall issue subpoenas for the attendance of witnesses at the hearing. (2) The requesting party shall specify whether the witness is also requested to bring documents and reasona…

17 CAR § 210-517. Recording the proceedings. (a) The responsibility to record the testimony heard at a hearing is borne by the Board of Electrical Examiners of the State of Arkansas. (b) Upon the filing of a petition for judicial review, the agency will provide a transcript of te…

17 CAR § 210-518. Factors to be considered in imposing sanctions. In addition to any other considerations permitted by Arkansas Code § 17-28-201 et seq. and Arkansas Code § 20-31-101 et seq. and this part, if applicable, the Board of Electrical Examiners of the State of Arkansas …

17 CAR § 210-519. Final order. (a)(1) The Board of Electrical Examiners of the State of Arkansas will serve on the respondent a written order that reflects the action taken by the board. (2) The order will include a recitation of facts found based on testimony and other evidence …