Arkansas Administrative Code

20 CAR § 837-101. Purpose. (a)(1) The Technology Equipment Revolving Loan Fund, hereafter referred to as the Arkansas Assistive Technology Alternative Financing Program (AATAFP), was created by the General Assembly through Acts 1993, No. 384, as amended. (2) As provided in the ac…

20 CAR § 837-102. Definitions. As used in this part: (1) “AATAFP” means the Arkansas Assistive Technology Alternative Financing Program; (2) “Applicant” means the individual submitting an application; (3) “ARS” means the Arkansas Rehabilitation Services of the Division of Workfor…

20 CAR § 837-103. Programs. (a)(1) The Arkansas Assistive Technology Alternative Financing Program has developed loan programs to meet: (A) The needs of its customers; and (B) Its fiduciary and legal responsibilities as codified in Arkansas Code § 20-79-301. (2) These programs in…

20 CAR § 837-104. Loan fund administration. (a) Arkansas Rehabilitation Services shall maintain a separate permanent AATAFP account. (b) The loan fund account shall be an interest bearing account with all interest remaining in the account. (c)(1) The loan fund shall maintain a mi…

20 CAR § 837-105. Fair lending guides. (a) The AATAFP provides assistance with loans for the purchase of assistive technology or for other authorized expenditures to enable persons with disabilities to become more independent members of the community and to improve their quality …

20 CAR § 837-106. Credit criteria guide — Consumer. (a)(1) While the Technology Equipment Revolving Loan Fund Committee has flexible loan criteria, there must be a reasonable expectation that the borrower will repay the loan. (2) Loan applicants must demonstrate patterns of stabi…

20 CAR § 837-201. Consumer product profile. Product summary. The authority may offer installment loans directly to the individuals without involvement of their financial partner depending on the requested loan. Type of Loan: Secured and Unsecured Purpose: AT Equipment Minimum Loa…

20 CAR § 837-301. Eligibility. (a)(1) Applicant must be an Arkansas resident with a disability, and his or her family members, guardians, advocates, or authorized representatives who are also residents of Arkansas. (2) The applicant must use the loan to purchase assistive technol…

20 CAR § 837-302. Application process. (a)(1) Applicants will receive application packets from: (A) The Arkansas Rehabilitation Services field office or internet site; or (B) An AATAFP office. (2) Application packets will contain all forms required for application, including: (A)…

20 CAR § 837-303. Direct loans — Consumer underwriting guidelines — Product summary. (a)(1) The amount of a loan shall cover the reasonable cost of the assistive equipment and services, as indicated by materials submitted with the applications. (2) Loan applications up to eight t…

20 CAR § 837-304. Direct loans — Credit criteria guidelines. (a) Beacon Score. (1) A Beacon Score of five hundred fifty (550) or greater is required. (2) A Beacon Score of five hundred fifty (550) or greater is acceptable if the: (i) Related credit issues were disability related;…

20 CAR § 837-305. Direct loans — Covenants of borrower. (a) Applicants must have adequate and reliable income to meet their credit obligations (including the new loan payment). (b) The borrower shall comply with all applicable code, planning, zoning, sanitary, building, and envir…

20 CAR § 837-306. Treatment of debt. (a) A current credit bureau report on the loan applicant will be used by the loan subcommittee and Technology Equipment Revolving Loan Fund Committee to assess the applicant’s willingness and ability to repay. (b) All current liabilities with …

20 CAR § 837-307. Treatment of income. (a)(1) All wages, salary, commissions, interest, pensions, and other sources of financial support, paid or in kind including Supplemental Security Income, Social Security Disability Insurance, and retirement benefits shall be considered as i…

20 CAR § 837-308. Loan subcommittee. (a) The Technology Equipment Revolving Loan Fund Committee has delegated authority to the loan subcommittee to recommend approval or denial of loan applications in accordance with credit criteria established by the committee. (b) All loan deci…

20 CAR § 837-401. Credit and collateral documentation — Consumer loans. (a) The following documents are used for consumer loans: (1) AATAFP direct loan application; (2) Credit report; (3) Supporting documents (proof of income, disability, and identity) and AATAFP checklist; (4) L…

20 CAR § 837-501. Payment of loan proceeds. (a) Arkansas Rehabilitation Services will disburse loan funds directly to the provider of equipment or service. (b) Arkansas Rehabilitation Services requires an invoice, statement, or other documentation for all items purchased with loa…

20 CAR § 837-502. Appeals process. (a) If Arkansas Rehabilitation Services denies an application, the applicant may make a request for reconsideration of the application within the timeframe outlined by the Technology Equipment Revolving Loan Fund Committee. (b) Initial appeal re…

20 CAR § 837-601. Loan administration. (a) All loan servicing and administration will be the responsibility of Arkansas Rehabilitation Services and/or its assignee. (b) Arkansas Rehabilitation Services will: (1) Prepare loan documentation after the loan application has been appro…

20 CAR § 837-701. Extensions. (a)(1) The term of the loan may be extended for a specified number of months to allow a borrower to defer the normal monthly payment or payments. (2) Interest continues to accrue on the loan, and the loan payments missed are not considered past due o…

20 CAR § 837-702. Abatements — Charge-offs. (a)(1) Accounts that are more than one hundred eighty (180) days delinquent will be referred to the Technology Equipment Revolving Loan Fund Committee for recommendation to charge off the loan within thirty (30) days after the account h…

20 CAR § 837-703. Loan discharge. The Technology Equipment Revolving Loan Fund Committee may recommend to the Chief Fiscal Officer of the State that a loan be discharged for the following reasons: (1) Medical/physical issues; (2) Compounding disability; or (3) Change in employmen…

20 CAR § 837-704. Repossessions. (a) AATAFP will evaluate delinquent auto loans for potential repossession when the account reaches one hundred twenty (120) days past due, or earlier, if repayment is judged to be unlikely and the potential realized value of the sale exceeds the c…

20 CAR § 837-801. Confidentiality. (a) Arkansas Rehabilitation Services is responsible for: (1) Complying with the legal requirements to protect the confidential nature of information in individual files, including all personally identifiable information contained in: (A) Reports…

20 CAR § 838-101. Program title. (a) The telecommunication equipment distribution shall be known as the Telecommunications Access Program, or TAP. (b) This program was established under Acts 1995, No. 501, as amended by Acts 2001, No. 530, Acts 2011, No. 173, and Acts 2021, No. 2…

20 CAR § 838-102. Definitions. As used in this part: (1) “Adaptive telecommunication equipment” means any item, piece of equipment, or product system that is modified or customized to provide individuals with disabilities access to a telecommunications network; (2)(A) “Adjusted g…

20 CAR § 838-103. Eligibility for TAP. (a) Applicants must satisfy the following criteria in order to be determined eligible: (1) Residency in Arkansas; (2) Disability that impairs effective access to telecommunications services, including individuals who are: (A) Deaf or hard of…

20 CAR § 838-104. Adaptive telecommunication equipment. (a)(1) Adaptive telecommunication equipment shall be provided in sufficient scope to meet the needs of eligible individuals. (2) Equipment and services shall be procured in a cost-effective manner, using the rules applicable…

20 CAR § 838-105. Ownership and options once equipment is distributed. (a) Ownership. (1) Adaptive telecommunications equipment distributed under TAP will remain the property of Arkansas Rehabilitation Services until two (2) years have elapsed from the date that an eligible indiv…

20 CAR § 838-106. Suspensions and permanent ineligibility. (a) An individual will be suspended from participation in TAP if, during the initial two-year period after the equipment is distributed, the individual: (1) Sells, consigns, gifts, or otherwise officially transfers posses…

20 CAR § 838-107. Appeals of certain determinations. (a) The following may be appealed to the Commissioner of Arkansas Rehabilitation Services: (1) Suspension of an individual; or (2) Determination that an individual is permanently ineligible. (b) Appeals must be made by sending …

20 CAR § 838-108. Miscellaneous. (a)(1) Eligible individuals must notify TAP staff of any permanent change of address within Arkansas. (2) TAP staff must also be notified if an individual’s telephone number changes. (3) Such notifications should be given in writing within ten (10…

20 CAR § 860-1001. Contractors/consultants renewal. Asbestos abatement contractors and asbestos abatement consultants shall submit the following in order to renew their licenses: (1) A renewal application on a form provided by the Division of Environmental Quality; (2) Proof of i…

20 CAR § 860-1002. Training providers renewal. Asbestos training providers shall submit the following in order to renew their licenses: (1) Renewal application on a form provided by the Division of Environmental Quality; (2) Renewal fee as described in Subpart 16 of this rule; an…

20 CAR § 860-1003. Other renewals. Air monitors, contractor/supervisors, inspectors, management planners, project designers, and workers shall submit the following in order to renew their certification status: (1) An official certificate from a United States Environmental Protect…

20 CAR § 860-101. Title. The following rules of the Arkansas Pollution Control and Ecology Commission adopted pursuant to the Removal of Asbestos Material Act, (Section 3, Acts 1997, No. 308, codified at Arkansas Code § 20-27-1001 et seq., hereinafter referred to as “the act” and…

20 CAR § 860-102. Purpose. The purpose of this part is to: (1) Protect public health and safety and the environment; (2) Administer and enforce a program for the licensing of asbestos abatement contractors, asbestos abatement consultants, and training providers, and for the certi…

20 CAR § 860-103. Applicability. The provisions of this part are applicable to: (1) All owners and operators conducting a demolition or renovation activity; (2) Persons conducting inspections, air monitoring, developing management plans, and designing and/or conducting response a…

20 CAR § 860-104. Definitions. As used in this part: (1) “ACBM” or “asbestos-containing building material” means any friable and nonfriable asbestos-containing material that is in or on interior structural members or other parts of a facility; (2) “ACM” or “asbestos-containing ma…

20 CAR § 860-105. Asbestos inspection. The owner or operator of a demolition, renovation, or response action shall conduct, or have conducted, a thorough inspection of the affected facility or part of the facility for the presence of asbestos including Category I and Category II …

20 CAR § 860-106. Project design. (a) A project design is required prior to renovation, demolition, or response action that is not an SSSD or minor release episode that involves RACM. (b) The project design must be a written document, specific to the job in question. (c) A copy m…

20 CAR § 860-107. Licensing — Certification provisions. A person must meet the licensing and/or certification provisions of this part prior to engaging in renovations, demolitions, or response activities involving RACM including, but not limited to, the following: (1) A person su…

20 CAR § 860-1101. Expired licenses or certificates. Any license or certificate holder who allows a license or certificate to expire shall not conduct asbestos-related work subject to the requirements of this part until: (1) All renewal requirements have been met; and (2) A new l…

20 CAR § 860-1102. Refresher course. Any license or certificate holder may complete the appropriate refresher course within twelve (12) months of the expiration of the license or certificate without being required to comply with the initial training requirements.

20 CAR § 860-1201. Training providers. Formal training for licensing and certification, which is intended to meet the training requirements of the act and this part, may be conducted by any educational institution, business entity, or individual that is licensed as a training pro…

20 CAR § 860-1202. Minimum requirements. Each initial training course for each discipline taught shall meet the requirements of the MAP and this part including the course content as outlined at Subpart 13 of this part and the following minimum requirements: (1) For workers: (A) C…

20 CAR § 860-1203. Discipline training. Each discipline shall have its own separate and distinct training course and shall not be combined with any other training courses unless otherwise specified herein.

20 CAR § 860-1204. Examination. A member of the licensed training provider staff must be present at all times during the written examination.

20 CAR § 860-1205. Division representatives — Course attendance. (a) Provisions shall be made to allow a representative of the Division of Environmental Quality to attend one (1) or more presentations of any course conducted by a licensed training provider without payment of any …

20 CAR § 860-1206. Out-of-state training. (a) Individuals who have successfully completed approved training courses conducted by a training provider not licensed in accordance with this part, or who received training by an Arkansas-licensed training provider where the items liste…