Arkansas Administrative Code

20 CAR § 880-302. Presiding officer. The Director of the Division of Labor shall preside at the hearing or may designate a hearing officer, examiner, or referee to preside at a hearing.

20 CAR § 880-303. Appearances. (a) Any party appearing in any Boiler Inspection Division 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 representing a party to an adjudica…

20 CAR § 880-304. 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.

20 CAR § 880-305. 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…

20 CAR § 880-306. 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 …

20 CAR § 880-307. Initiation and notice of hearing. (a) An administrative adjudication is initiated by the issuance by the Boiler Inspection Division of a notice of hearing. (b)(1) The notice of hearing will be sent to the respondent by United States Postal Service, return receip…

20 CAR § 880-308. Filings. (a) Motions. (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. (4) The original written motion will be fi…

20 CAR § 880-309. Discovery. (a) Upon written request, the Boiler Inspection Division will provide the information designated in Arkansas Code § 25-15-208(a)(3). (b) Such requests should be received by the division at least ten (10) days before the scheduled hearing.…

20 CAR § 880-310. Continuances. (a)(1) The presiding officer 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 made as soon as practicable and, except in c…

20 CAR § 880-311. 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 Director of the Di…

20 CAR § 880-312. 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…

20 CAR § 880-313. 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 Boiler Inspection D…

20 CAR § 880-314. Default. If a party fails to appear or participate in an administrative adjudication after proper service of notice, the Boiler Inspection Division may proceed with the hearing and render a decision in the absence of the party.

20 CAR § 880-315. 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…

20 CAR § 880-316. Recording the proceedings. (a) The responsibility to record the testimony heard at a hearing is borne by the Boiler Inspection Division. (b) Upon the filing of a petition for judicial review, the agency will provide a transcript of testimony taken before the age…

20 CAR § 880-317. Factors to be considered in imposing sanctions. In addition to any other considerations permitted by Arkansas Code § 20-23-101 et seq., if applicable, the Boiler Inspection Division in imposing any sanction may consider the following: (1) The nature and degree o…

20 CAR § 880-318. Final order. (a) The Boiler Inspection Division will serve on the respondent a written order that reflects the action taken by the division. (b)(1) The order will include a recitation of facts found based on testimony and other evidence presented and reasonable …

20 CAR § 880-401. General. (a) All Boiler Inspection Division action regarding licensure shall be governed by Arkansas Code § 20-23-101 et seq., this part, and, when applicable, Arkansas Code §§ 25-15-208 – 25-15-213. (b) The division is responsible for licensure of: (1) Boiler i…

20 CAR § 880-402. Requirement to keep current address on file. (a) All persons holding a license or permit issued by the Boiler Inspection Division are required to provide the division with information so that the division can remain in contact and provide notice of complaints an…

20 CAR § 880-403. Review of application. (a) The application and supporting documentation will be reviewed by Boiler Inspection Division staff. (b) The division will inform the applicant in writing if it determines that the application is incomplete, and will specify why the appl…

20 CAR § 880-404. Denial of license. (a) If a preliminary determination is made that the application should be denied, the Boiler Inspection Division will inform the applicant of the opportunity for a hearing on the application. (b)(1) The grounds or basis for the proposed denial…

20 CAR § 880-405. Suspension, revocation, annulment, or withdrawal. (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 Boiler Inspection Division will serve the licensee a notice of hearing i…

20 CAR § 880-406. Emergency action. (a)(1) If the Boiler Inspection Division finds that the public health, safety, or welfare imperatively requires emergency action and incorporates that finding in its order, the division can summarily suspend, limit, or restrict a license. (2) T…

20 CAR § 880-407. Voluntary surrender of license. The licensee, in lieu of formal disciplinary proceedings, may offer to surrender his or her license, subject to the Boiler Inspection Division’s determination to accept the proffered surrender, rather than conducting a formal disc…

20 CAR § 880-408. 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 and any license pocket c…

20 CAR § 880-409. Reinstatement after suspension. (a) An order suspending a license may provide that a person desiring reinstatement may file with the Director of the Division of Labor a verified petition requesting reinstatement. (b) The petition for reinstatement must set out t…

20 CAR § 880-410. Relicensure for revoked or surrendered license and general reinstatement. (a)(1)(A) No individual who has had his or her license revoked or who has surrendered his or her license for an act of bad faith or a violation of law, rule, or ethics will be licensed, ex…

20 CAR § 880-411. Sellers, installers, and repairers. (a) All persons, firms, or corporations engaged in the sale or installation of boilers, unfired pressure vessels, hot water storage containers, or pressure piping, or engaged in the repair of boilers or unfired pressure vessel…

20 CAR § 880-412. Inspectors. (a) Inspectors of boilers employed by insurance companies insuring boilers in Arkansas must have a certificate of competency and commission issued by the Boiler Inspection Division, Arkansas Code § 20-23-401. (b) The initial license fee shall be twen…

20 CAR § 880-413. Boiler operators. (a) Boiler operators shall be licensed by the Boiler Inspection Division, Arkansas Code § 20-23-404. (b) An applicant for a boiler operator’s license shall: (1) Have six (6) months of training under the supervision of a licensed boiler operator…

20 CAR § 880-414. Restricted lifetime licenses, Arkansas Code § 20-23-406. (a) Boiler inspectors. To qualify for a restricted lifetime boiler inspector’s certificate of competency and commission, an applicant shall: (1) Have been commissioned as a boiler inspector for no fewer th…

20 CAR § 880-415. Automatic licensure for uniformed service members for boiler operator license. (a) As used in this section, a “uniformed service veteran” means a former member of the uniformed services of the United States discharged under circumstances other than dishonorable.…

20 CAR § 880-416. Earn and learn. (a) The Boiler Inspection Division shall grant a license to an individual applicant for a boiler operator’s license who: (1) Completed an apprenticeship as a boiler operator in an apprenticeship program that meets the federal guidelines set out i…

20 CAR § 880-417. Initial license fee waiver. The Boiler Inspection Division shall waive the initial license fee for an individual applicant if the applicant: (1) Is receiving assistance through the: (A) Arkansas Medicaid Program; (B) Supplemental Nutrition Assistance Program; (C…

20 CAR § 880-418. Reciprocity. (a) An applicant applying for reciprocal licensure shall meet the following requirements: (1)(A) Shall hold a substantially similar license in another United States jurisdiction. (B) A license from another state is substantially similar to the licen…

20 CAR § 880-501. Installation permits. (a)(1) Installation permits are required by Arkansas Code § 20-23-307. (2) The fees for such permits are established by Arkansas Code § 20-23-308. (b) In the event an installation permit is denied by the Boiler Inspection Division, the appl…

20 CAR § 880-502. Operating certificates or permits. (a)(1) Operating certificates or permits are required by Arkansas Code § 20-23-301. (2) The fees for such permits or certificates are established by Arkansas Code § 20-23-306 and are fifteen dollars ($15.00) for boilers and thi…

20 CAR § 880-601. Construction requirements. All boilers and pressure vessels must be constructed in accordance with the ASME code, as adopted by 20 CAR § 880-701 and registered with the National Board of Boiler and Pressure Vessel Inspectors, except for those vessels stamped “UM…

20 CAR § 880-602. Installation requirements. (a) Installers, sellers, or repairers of boilers and pressure vessels must be licensed by the Boiler Inspection Division. (b) Installers must obtain installation permits from the division.

20 CAR § 880-603. Inspection requirements. (a) All boilers shall be inspected as follows: (1)(A) High-pressure steam boilers shall be inspected internally and externally once each year unless the Chief Inspector of the Boiler Inspection Division grants an extension for good cause…

20 CAR § 880-604. Exemptions from permit and inspection. The following are exempt from installation permits and inspections to the extent stated: (1) Hot water heating boilers below two hundred thousand British thermal units per hour (200,000 Btu/hr) input, except that such objec…

20 CAR § 880-605. Repair requirements. (a) Major repairs and all welding repairs must have Boiler Inspection Division approval. (b) Repairs must be done in accordance with ASME and the National Board of Boiler and Pressure Vessel Inspectors Inspection Code as adopted by 20 CAR § …

20 CAR § 880-606. Miscellaneous. (a) There are special requirements pertaining to anhydrous ammonia equipment and facilities contained elsewhere in this part and in Arkansas Code § 20-23-101 et seq. (b) Explosions and accidents must be reported by the owner/operator to the Boiler…

20 CAR § 880-701. Minimum standards. (a) All new and used boilers, unfired pressure vessels, and steam-generating apparatuses installed in the state shall be built to conform with the several specifications and provisions of the Boiler and Pressure Vessel Construction Codes of th…

20 CAR § 880-702. Variances. (a)(1) The Boiler Inspection Division may, in any particular case, grant an exception or variance from the literal requirements of the minimum standards for construction, installation, repair, and operation set out in the ASME codes as adopted in 20 C…

20 CAR § 880-703. Administrative penalties. (a) Types of fines. The Boiler Inspection Division is authorized to issue the following administrative fines: (1) Arkansas Code § 20-23-301 authorizes a fine of no less than twenty-five dollars ($25.00) and not more than one thousand do…

20 CAR § 880-704. Installation. (a) Generally. (1)(A) Every manufacturer, contractor, jobber, owner, or user of a boiler or unfired pressure vessel shall obtain permission from the Boiler Inspection Division before any boiler or unfired pressure vessel may be installed or moved a…

20 CAR § 880-705. Inspections. (a)(1) No person shall operate or cause to be operated any new boiler or unfired pressure vessel which has been installed or erected, or any used boiler or unfired pressure vessel which has been reinstalled or re-erected in the State of Arkansas, un…

20 CAR § 880-706. Repairs. (a) Major repairs — Notice to Boiler Inspection Division. (1)(A) Each person, firm, or corporation licensed to repair boilers shall have a written quality control (Q.C.) program. (B) The Q.C. program shall be comprised of all planned and systematic acti…

20 CAR § 880-707. Operators and operation. (a)(1) All power boilers subject to the provisions of Arkansas Code § 20-23-101 et seq., and this part shall be under attendance by a licensed operator whenever they are in use for any purpose. (2) Boilers that are fired up are considere…