Arkansas Administrative Code

17 CAR § 66-502. Definitions. As used in this subpart: (1)(A) “Arkansas Fuel Gas Code”, 17 CAR pt. 67, means those rules governing the installation of piping, fixtures, appliances, devices, and appurtenances in connection with gas installations, specifically Chapter Fifteen (15) …

17 CAR § 66-503. Restrictions. (a) Persons holding a Restricted Gas Fitter Plumber’s License for the particular phase of gas fitting shall not perform any plumbing service other than the restricted phase for which they are licensed. (b) Persons holding a Restricted Gas Fitters Pl…

17 CAR § 66-504. Qualifications. (a) An applicant for a Restricted Gas Fitter Plumber’s License and gas utility license shall show proof that he or she is qualified to perform the phase of plumbing which he or she is requesting. (b) An application for a supervising gas fitter plu…

17 CAR § 66-505. Applications and examinations. (a) Information for a Restricted Gas Fitter Plumber’s License shall be on an application form showing the education, experience, and background of the applicant. (b) The application form of a Restricted Gas Fitter Plumber’s License …

17 CAR § 66-506. Terms of license and renewals. (a) Holders of Restricted Gas Fitter Plumber Licenses issued under the provisions of this subpart may apply for renewal annually within thirty (30) days after the expiration date of the license. (b) The Plumbing and Natural Gas Sect…

17 CAR § 66-507. Revocation of license. (a) The Committee of Plumbing Examiners may, on its own motion or upon a complaint in writing duly signed and verified by the complainant, suspend or revoke any Restricted Gas Fitter Plumber’s License or gas utility license if it has reason…

17 CAR § 66-508. Hearings. (a) In the case of each final order issued by the Plumbing and Natural Gas Section, any affected party may within thirty (30) days of such order submit a written request for a hearing to the Director of the Plumbing and Natural Gas Section. (b) Notice. …

17 CAR § 70-1001. Renewal of a license, registration, or apprenticeship. (a) Application for renewal of licensed, registered, or apprenticed dispensing opticians shall be received or postmarked no later than June 10 of each year. (b) Each application for renewal shall include a r…

17 CAR § 70-1002. Continuing education. (a) Pursuant to Arkansas Code § 17-89-308, each licensed, registered, or apprenticed optician registered under the provisions of the Ophthalmic Dispensing Act, Arkansas Code § 17-89-101 et seq., applying for the renewal of his or her licens…

17 CAR § 70-1003. Documentation of continuing education. (a) Documentation of said continuing education shall be a condition precedent for the renewal of licenses for registered, licensed, and apprentice opticians. (b) Provided, however, the Arkansas Board of Dispensing Opticians…

17 CAR § 70-1004. Exception to continuing education requirement. Provided, however, that any optician who, because of illness or other unavoidable circumstances, is unable to comply herewith may make application to the Arkansas Board of Dispensing Opticians, reasonably documentin…

17 CAR § 70-1005. Renewal fee for optician. Upon receipt of the sixty-dollar renewal fee each licensed, registered, and apprenticed optician will be issued a photo badge to wear at all times they are performing duties of a registered, licensed, or apprentice optician.

17 CAR § 70-1006. Lost or destroyed badges. Replacement badges will be provided by the Arkansas Board of Dispensing Opticians for all lost or destroyed badges at a fee of ten dollars ($10.00).

17 CAR § 70-1007. Failure of licensee, registrant, or apprentice to pay renewal. Any licensed, registered, or apprentice dispensing optician who has not paid his or her renewal fee in full by July 1 of that year shall be required to pay the following renewal penalty: July 1 – Jul…

17 CAR § 70-1008. Failure of licensee, registrant, or apprentice to pay renewal by September 30. Any licensed, registered, or apprenticed dispensing optician who fails to renew their license on or before September 30 of each year and continues to provide ophthalmic dispensing ser…

17 CAR § 70-1009. Inactive status. (a)(1) A licensed or registered dispensing optician who fails to renew their license shall be placed on inactive status. (2) The Arkansas Board of Dispensing Opticians shall notify the licensed or registered dispensing optician fifteen (15) days…

17 CAR § 70-101. Definitions. The Arkansas Board of Dispensing Opticians defines the following major terms used in the Ophthalmic Dispensing Act, Arkansas Code § 17-89-101 et seq., within the rules promulgated by the board: (1) “Apprentice dispensing optician” means an individual…

17 CAR § 70-1010. Renewal fee for office permit. (a) Each office permit must be renewed on or before July 1 of each year. (b) Application for renewal should be received or postmarked no later than June 10 of each year. (c) Such renewal shall include a completed renewal form along…

17 CAR § 70-1011. Failure to renew office permit and pay renewal fee. Any office that fails to renew its Office Permit and pay the renewal fee by July 1 shall be considered delinquent and subject to the following penalty: July 1 – July 31 $25.00 August 1 – August 31 $50.00 Septem…

17 CAR § 70-1012. Failure to renew office permit by September 30. Any individual, partnership, corporation, or other business entity who fails to renew an office permit by September 30, including the payment of the renewal fee and any appropriate penalty, and continues to provide…

17 CAR § 70-1101. Optician present. All open optical businesses that are subject to the provision of the Ophthalmic Dispensing Act, Arkansas Code § 17-89-101 et seq., must have physically present within the place of business at all times a licensed or registered dispensing optici…

17 CAR § 70-1102. Branch office limit. No licensed or registered dispensing optician or person in this state shall establish more than two (2) ophthalmic dispensing branch offices in addition to his or her principal office unless he or she shall first have secured a branch office…

17 CAR § 70-1103. Factors for board to consider. The Arkansas Board of Dispensing Opticians shall consider, but not be limited to, the following factors when ruling on an application for a permit for additional branch offices: (1) The availability of qualified personnel to staff …

17 CAR § 70-1104. Name of optician displayed. The name and certificate of registry or licensure of the supervising dispensing optician shall be prominently displayed at all times in each ophthalmic dispensing office.

17 CAR § 70-1201. Annual filing of certificate of ownership. (a) Each optical dispensary in the State of Arkansas whose title does not contain the proper name of an Arkansas optometrist or Arkansas physician skilled in the diseases of the eye, or a licensed or registered dispensi…

17 CAR § 70-1202. Failure to file certificate of ownership. (a) When the Arkansas Board of Dispensing Opticians determines that a violation of this requirement has occurred, the board may undertake an investigation to determine ownership. (b) If ownership is determined to be an o…

17 CAR § 70-1301. Composition of the Complaint Committee. The Complaint Committee shall consist of the Secretary-Treasurer of the Arkansas Board of Dispensing Opticians.

17 CAR § 70-1302. Procedure for initiation of complaints. (a) Initiation. (1) The formal investigation of a complaint against a licensed, registered, apprentice, or student optician may be initiated when the complaint is in writing and filed with the Arkansas Board of Dispensing …

17 CAR § 70-1303. Procedure for investigation of complaints. (a) Notification of the respondent. If the complaint appears to state a prima facie violation of the law and/or other Arkansas Board of Dispensing Opticians rules, the Complaint Committee shall notify the dispensing opt…

17 CAR § 70-1304. Action by board. (a) A majority vote of the Arkansas Board of Dispensing Opticians shall be required to support the recommendation of the Complaint Committee. (b)(1) If the board agrees with the determination of the Complaint Committee that the case should be di…

17 CAR § 70-1305. Disqualification. During a formal disciplinary hearing, any members of the Arkansas Board of Dispensing Opticians who served on the Complaint Committee, were involved in the investigation, or who initiated the complaint shall be disqualified from participation i…

17 CAR § 70-1306. Counter complaints. (a) The Arkansas Board of Dispensing Opticians will not accept formal complaints from a respondent against a complainant during the course of an investigation of the initial complaint. (b) Counter charges will only be considered after the dis…

17 CAR § 70-1401. Suspension, revocation, annulment, or withdrawal. (a) Prior to the entry of a final order to suspend, revoke, annul, or withdraw a license, registration, or office permit, or to impose other sanctions upon a licensee or permit holder, the Arkansas Board of Dispe…

17 CAR § 70-1402. Voluntary surrender of license. The licensee, in lieu of formal disciplinary proceedings, may offer to surrender his or her license, subject to the Arkansas Board of Dispensing Opticians’ determination to accept the proffered surrender, rather than conducting a …

17 CAR § 70-1403. Basis of suspension, revocation, or denial. The Arkansas Board of Dispensing Opticians shall revoke, suspend, or refuse to issue a license or registration of any dispensing optician or apprenticeship for any violation of any provision of Arkansas Code § 17-89-20…

17 CAR § 70-1404. Hearing and sanctions. After due notice and hearing, a person licensed or registered as an optician or apprentice or an applicant or person holding or seeking to hold an office permit, found to have violated any provision of the Ophthalmic Dispensing Act, Arkans…

17 CAR § 70-1405. Failure to pay penalty. Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the Arkansas Board of Dispensing Opticians shall have the power to file suit in the Pulaski County Circuit Co…

17 CAR § 70-1406. Duty of a sanctioned professional. In every case in which a professional shall, within thirty (30) days of the revocation, suspension, or surrender, do the following: (1) Return his or her license and any license badge to the Arkansas Board of Dispensing Opticia…

17 CAR § 70-1407. Emergency action. (a) If the Arkansas Board of Dispensing Opticians 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 restrict a license.…

17 CAR § 70-1408. Reinstatement after suspension. (a) An order suspending a license may provide that a person desiring reinstatement may file with the Secretary-Treasurer of the Arkansas Board of Dispensing Opticians a verified petition requesting reinstatement. (b) The petition …

17 CAR § 70-1409. 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 Arkansas Board of Dispensing Opticians. (2) The application for…

17 CAR § 70-1501. Waiver request. (a) If an individual has been convicted of an offense listed in Arkansas Code § 17-3-102(a) or (e), the Arkansas Board of Dispensing Opticians may waive disqualification of a potential applicant or revocation of a license based on the conviction …

17 CAR § 70-1601. Requirements to provide information to the board. Every person licensed or registered under the provisions of the Ophthalmic Dispensing Act, Arkansas Code § 17-89-101 et seq., shall upon request make available to the Arkansas Board of Dispensing Opticians or its…

17 CAR § 70-1701. Board to provide ophthalmic standards. The Arkansas Board of Dispensing Opticians shall provide a copy of the American National Standards Institute Z-80.1 Ophthalmic Materials Standards to each person who is licensed or registered as a dispensing optician in the…

17 CAR § 70-1801. Prohibited practice. (a)(1) It shall be unlawful for any dispensing optician or person engaged in the business of manufacturing, selling, or dispensing regular and/or safety ophthalmic materials to: (A) Fill or duplicate an ophthalmic prescription without having…

17 CAR § 70-1901. Uniformed service member licensure. (a) As used in this section, “uniformed service veteran” means a former member of the United States uniformed services discharged under circumstances other than dishonorable. (b) The Arkansas Board of Dispensing Opticians shal…

17 CAR § 70-2001. Reciprocity. (a) The Arkansas Board of Dispensing Opticians will only consider a grant of reciprocity to an individual from a state that grants reciprocity to Arkansas licensees. (b) The board shall require that any person requesting reciprocity of the State of …