Arkansas Administrative Code

17 CAR § 210-604. Qualification for examination and licensure. (a) Prelicensure criminal background check. (1) Pursuant to Arkansas Code § 17-3-103, an individual may petition for a prelicensure determination of whether the individual’s criminal record willdisqualify the individu…

17 CAR § 210-701. Generally. (a) All Division of Labor action regarding licensure shall be governed by Arkansas Code § 17-28-201 et seq., and the Arkansas Electrical Code Authority Act, Arkansas Code § 20-31-101 et seq., and this part. (b) The Board of Electrical Examiners of the…

17 CAR § 210-702. Requirement to keep current address on file — Post license number and keep license available. (a)(1) All persons holding a license or permit issued by the Board of Electrical Examiners of the State of Arkansas are required to provide the board with information s…

17 CAR § 210-703. Review of application. (a) The application and supporting documentation will be reviewed by the Chief Electrical Inspector or his or her designee. (b)(1) The Chief Electrical Inspector will inform the applicant in writing if he or she determines that the applica…

17 CAR § 210-704. Expiration, reinstatement, and renewal. (a)(1)(A) Licenses shall expire on the date indicated on the license. (B) Licenses shall expire on the last day of the month, one (1) year following the date of issue. (2) Such licenses may be renewed as provided herein. (…

17 CAR § 210-705. No transfer of license. No person, firm, or corporation licensed under the provisions of Arkansas Code § 17-28-101 et seq., shall alter, transfer, lend, or rent his, her, or its license.

17 CAR § 210-706. Retesting required. (a) 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 a…

17 CAR § 210-707. Electrical contractors. An applicant for an electrical contractor's license shall submit to the Board of Electrical Examiners of the State of Arkansas the following: (1) An application on a form approved by the board; (2) Proof that the applicant is a licensed m…

17 CAR § 210-708. Apprentices. (a)(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 of Electrical Examiners of the State of Arkansas, the Office of…

17 CAR § 210-709. Temporary licenses. (a) The Board of Electrical Examiners of the State of Arkansas shall issue a temporary license as a master electrician or journeyman electrician for a period of six (6) months, upon submission by the applicant of the following: (1) A temporar…

17 CAR § 210-710. Reciprocity. The Board of Electrical Examiners of the State of Arkansas 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 reach…

17 CAR § 210-801. Authority of the board. (a) The Board of Electrical Examiners of the State of Arkansas shall have the power to revoke or suspend any license or registration for cause. (b) This includes, but is not limited to, the performance of electrical work which does not co…

17 CAR § 210-802. Automatic suspension of apprentice license/registration. (a) An apprentice license shall be automatically suspended if the Electrical Section of the Division of Labor determines that the apprentice is not compliant with 17 CAR § 210-708 of the Rules of the Board…

17 CAR § 210-803. Complaints against licensee. (a)(1) Any party who is wronged or damaged by an individual or company licensed by the Board of Electrical Examiners of the State of Arkansas in the performance of electrical work on his, her, or its property may make written notice …

17 CAR § 210-804. Emergency action. (a)(1) If the Board of Electrical Examiners of the State of Arkansas 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 …

17 CAR § 210-805. Denial of license — Right to appeal. (a) Any applicant who is denied a license or who is approved for examination for a class of license lower than the class of license sought, shall be notified of such action by mail at the address provided by the applicant. (b…

17 CAR § 210-806. Notice and burden of proof. (a) 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 Section will serve the licensee a notice of hearing in the manner set out in Arkans…

17 CAR § 210-807. Voluntary surrender of license. The licensee, in lieu of formal disciplinary proceedings, may offer to surrender his or her license, subject to the Division of Labor determination to accept the proffered surrender, rather than conducting a formal disciplinary pr…

17 CAR § 210-808. 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 Sectio…

17 CAR § 210-809. Reinstatement after suspension. (a) An order suspending a license may provide that a person desiring reinstatement may file with the Board of Electrical Examiners of the State of Arkansas a verified petition requesting reinstatement. (b) The petition for reinsta…

17 CAR § 210-810. Relicensure for revoked or surrendered license. (a)(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 of Electrical Examiners of the State of Arkansas. (2) The…

17 CAR § 210-901. Civil penalties, generally. (a) Any person, firm, or corporation that violates provisions of Arkansas Code §§ 17-28-101 – 17-28-310 or Arkansas Code §§ 20-31-101 – 20-31-105, or any rule, regulation, or order promulgated by the Board of Electrical Examiners of t…

17 CAR § 210-902. Notice of civil money penalty assessment. (a) In civil penalty cases, the staff of the Electrical Section of the Department of Labor and Licensing shall notify the person, firm, or corporation charged with the violation by regular mail (at the last known address…

17 CAR § 210-903. Civil penalty assessment. (a) If upon inspection or investigation, the Department of Labor and Licensing finds that a person, firm, or corporation has violated any provisions of Arkansas Code §§ 17-28-101 – 17-28-310 or Arkansas Code §§ 20-31-101 – 20-31-105; or…

17 CAR § 210-904. Violation fine schedule. (a)(1) The violation fine schedule is only a guideline to assist in consistent application of civil monetary penalties. (2) The Board of Electrical Examiners of the State of Arkansas shall only be bound by the statutory fine scale descri…

17 CAR § 210-905. Contesting a civil penalty. (a)(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 of the Division of Labor, Department of Labor and Licensing, 900 West Capitol, Suite 400…

17 CAR § 210-906. Failure to pay civil monetary penalties. (a) If any person, firm, or corporation against whom a civil penalty has been imposed fails to pay the penalty within sixty (60) days of the final determination, the Director of the Division of Labor may file an action in…

17 CAR § 220-1001. Dealing independently of principal broker. (a) If a principal broker or executive broker learns a salesperson, associate broker, or executive broker licensed under such principal broker or executive broker has, without permission of the principal broker or exec…

17 CAR § 220-1002. Expiration date for agency agreements or contracts. (a) A licensee shall put a specific determinable duration or a specific expiration date on all written agency agreements or contracts or any extensions thereof. (b) For example, listing and buyer representatio…

17 CAR § 220-1003. Broker responsibilities — Executive brokers — Part-time brokers. (a)(1)(A) A principal broker is generally responsible for all business conducted by the broker’s firm and for all of the real estate activities of all of those licensed under or associated with th…

17 CAR § 220-1004. Advertising. (a) A licensee may not advertise any property, including the licensee's own property, for sale or rent, or display a real estate sign without including in that advertisement or sign the name of the firm with whom that licensee is licensed. (b) A pr…

17 CAR § 220-1005. Knowledge of property. A licensee shall exert reasonable efforts to ascertain those facts that are material to the value or desirability of every property for which the licensee accepts the agency, so that in offering the property the licensee will be informed …

17 CAR § 220-1006. Handling of funds — Maintenance of records. (a)(1) A licensee shall immediately deliver to the principal broker any money or other consideration received in connection with a real estate transaction that belongs to others, such as escrow or trust funds, clients…

17 CAR § 220-1007. Trust funds — Trust accounts. (a)(1) "Trust funds" means and includes money or other things of value not belonging to the principal broker but that are received by the principal broker or any of the principal broker's licensees in connection with a real estate …

17 CAR § 220-1008. Disbursement of trust funds. (a) A principal broker shall not disburse trust funds from the broker's designated trust account contrary to the terms of a contract for the sale or rental of real estate, or other contract pursuant to which the funds were received,…

17 CAR § 220-1009. Agreements to be written. (a)(1) Except as provided in subsection (b) of this section, a licensee, for the protection of the public and of all parties with whom the licensee deals, shall see that the exact agreement of the parties regarding real estate is in wr…

17 CAR § 220-101. Meetings of the commission. (a)(1) Regular meetings of the Arkansas Real Estate Commission shall generally be held on the Monday immediately preceding the second Tuesday of each month and will continue in session until its business is completed insofar as is pos…

17 CAR § 220-1010. Self-dealing. (a) Licensees shall not buy, sell, rent, or lease property for themselves or for a corporation, partnership, or association in which they have an interest without first making full disclosure to the buyer or seller, as the case may be, of the exac…

17 CAR § 220-1011. Offers and acceptances. (a) All offers received on a specific property shall promptly be presented to the seller by the listing firm or other licensee designated by an authorized representative of the listing firm. (b)(1) Every offer received must be signed by …

17 CAR § 220-1012. Listing agreements — Signs. (a)(1) If a firm holds an exclusive listing contract on a parcel of property, the selling licensee shall not contact the seller about showing the property or negotiating the sale without prior permission from the listing firm or othe…

17 CAR § 220-1013. Reporting violations. It is the duty of each licensee to report in writing to the Arkansas Real Estate Commission any information coming to the licensee's knowledge that is or may be a violation of: (1) The Real Estate License Law, Arkansas Code § 17-42-101 et …

17 CAR § 220-1014. Broker’s price opinion. (a)(1) “Broker’s price opinion” means an estimate prepared by a licensee that details the probable selling price of real estate and provides a varying level of detail about the real estate’s condition, market, and neighborhood, and infor…

17 CAR § 220-1015. Criminal convictions and disciplinary actions. (a)(1) A licensee who is convicted of or pleads guilty or nolo contendere to any crime other than a traffic violation shall make written report thereof to the Arkansas Real Estate Commission within thirty (30) days…

17 CAR § 220-1016. Property management definitions. (a) As used in this part: (1) “Audit trail” means a documented history of a financial transaction by which the transaction can be traced to its source; (2) “Occupant” means a person who rents a property on a nightly basis; (3) "…

17 CAR § 220-1017. Property management agreement. (a)(1) A principal broker or designated executive broker must not engage in the management of residential rental real estate without a written, current property management agreement between the owner and the property manager. (2) …

17 CAR § 220-1018. Tenant agreement. (a) A property manager shall not lease property he or she manages without a written agreement with the tenant. (b) Each lease or rental agreement for residential real estate managed by the property manager must contain the following: (1) The n…

17 CAR § 220-1019. Property management accounting and recordkeeping. (a)(1) A property manager must retain records of all deposits in a manner in which they are traceable to the owners’ and tenants’ ledgers. (2) A property manager must retain records identifying the amount of and…