Title 17, Professions, Occupations, and Businesses

The provisions of this subchapter shall not apply to goods or services contracted for upon public or private advertised bids.

A person who violates this subchapter shall be fined in any sum not to exceed five hundred dollars ($500).

This chapter shall be known and cited as the “Arkansas Water Well Construction Act”.

(a) In that there is an ever-increasing demand for water in this state necessitating the construction of water wells, it is imperative that the general health, safety, and welfare be protected by providing a means for the proper development of the natural resource of underground …

(1) As used in this chapter:(1) “Abandoned water well” means a well whose use has been permanently discontinued or which is in such a state of disrepair that continued use for the purpose of obtaining ground water is impractical;(2) “Apprentice” means a natural person who under t…

(a) It shall be unlawful and a violation of this chapter, unless exempted under the provisions of § 17-50-107(b) and § 17-50-108(b), for:(1) Any person to engage in well construction or pump installation unless the work is performed under the supervision of an individual certifie…

(a) Any person who violates § 17-50-104 shall be guilty of a Class A misdemeanor. (b) Any person who violates any other provision of this chapter, rules issued under this chapter, or order pursuant to this chapter shall be guilty of a Class B misdemeanor. (c) Every day, or any pa…

(a) Whenever the Arkansas Natural Resources Commission, after a hearing conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., finds that a person has violated the provisions of this chapter or any rules promulgated by the commission pursuant…

(a) No person shall construct, repair, or abandon, or cause to be constructed, repaired, or abandoned, any water well without complying with the provisions of this chapter and the rules adopted pursuant to it. (b) The provisions of this chapter and rules adopted pursuant to it sh…

(a) Where the Arkansas Natural Resources Commission finds that compliance with all requirements of this chapter would result in undue hardship, an exemption from any one (1) or more such requirements may be granted by the commission to the extent the exemption can be granted with…

Whenever the Arkansas Natural Resources Commission has reasonable grounds for believing that there has been a violation of this chapter or any rule adopted under this chapter, the commission may enforce compliance as provided under § 17-50-110.

(a) Any and all proceedings taken under this chapter shall be subject to and conducted in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., unless otherwise provided by the provisions of this chapter. (b) Any person aggrieved by any…

(a) The Arkansas Natural Resources Commission shall be responsible for the administration of this chapter and shall adopt, and from time to time amend or repeal, necessary rules governing the installation, construction, repair, and abandonment of water wells and pumping equipment…

(a) The Department of Agriculture is authorized to inspect any water well or abandoned water well. Department employees may at reasonable times enter upon, and shall be given access to, any premises for the purpose of inspection. (b) Upon the basis of such inspections, if the Ark…

All fees, civil penalties, or payments of any type collected by the Arkansas Natural Resources Commission under this chapter shall be deposited into one (1) or more banks qualifying for the deposit of public funds to be used by the commission for the proper administration of this…

(a) The Arkansas Natural Resources Commission is authorized to seek in a court of competent jurisdiction an injunction, whether permanent or temporary, upon affidavit to prevent any person, business, corporation, or other legal entity from violating any provisions of this chapter…

(a) The Arkansas Natural Resources Commission is empowered, by majority vote, to issue subpoenas for witnesses, to require their attendance in the giving of testimony before it, and to require the production of books, papers, and records in any proceeding before the commission as…

When engaged in any investigation, any employee of the Department of Agriculture shall have the power to administer oaths and to take depositions of persons relevant to any investigations for violations of this chapter.

(a) Upon proper application to the Arkansas Natural Resources Commission, a person is entitled to be registered and to be issued a certificate of registration as a certified water well driller or certified pump installer who shall furnish to the commission proof that he or she:(1…

(1) The Arkansas Natural Resources Commission may issue a certificate of registration to any person who:(1) Applies for such a certificate;(2) Pays the proper registration and testing fees;(3) Passes the applicable test; and(4) Holds a certificate of qualification or registration…

(a) Certificates of registration issued pursuant to this chapter are not transferable and shall expire on July 31 of each year. (b) A certificate of registration may be renewed without examination by making application for a certificate and paying the applicable fee. (c) As a con…

(a) Every person who wishes to engage in business as a water well contractor shall obtain from the Arkansas Natural Resources Commission a license to conduct such a business. (b) The license requirement shall not apply to any person who performs labor or services at the direction…

(a) (1) The Arkansas Natural Resources Commission may adopt, and from time to time amend or repeal, rules governing applications for water well contractor licenses.(2) The commission shall license as a water well contractor any person properly making application on a form prepare…

The licensee shall conspicuously display his or her license at his or her principal place of business.

(a) Licenses issued pursuant to this subchapter are not transferable and shall expire on July 31 of each year. (b) As a condition for license renewal the Arkansas Natural Resources Commission may require the licensee or its agent to complete a program of continuing education. (c)…

(a) Whenever the Arkansas Natural Resources Commission, after notice and hearing, determines that the holder of a license issued under this subchapter has violated any provision of this chapter or any rule adopted under it, the commission is authorized to suspend or revoke the li…

(a) All water well contractors shall abide by the licensing laws of Arkansas and shall post a water well contractor's bond. (b) The Arkansas Natural Resources Commission shall establish and promulgate rules establishing the amount of water well contractor's bonds based on a water…

(a) (1) The Arkansas Natural Resources Commission shall issue rig permits if the water well contractor has:(A) A valid license;(B) Made proper application for a rig permit; and(C) Paid the required fee.(2) Rig permits shall not be transferable and shall expire July 31 of each yea…

(a) The Arkansas Natural Resources Commission shall establish and collect fees not to exceed the maximum amounts as follows:(1) Contractor's license — well drilling $200.00(2) Contractor's license — pump installer 200.00(3) Contractor's license — well drilling and pump installer …

(a) The Arkansas Natural Resources Commission shall develop an apprenticeship program to assist persons applying for registration and having a minimum level of knowledge, skills, and abilities for the type or class of registration for which they are applying. (b) (1) The apprenti…

This subchapter may be known and cited as the “Arkansas Water Well Rig Confiscation Act”.

(1) It has been found by the General Assembly that:(1) Certain persons continuously violate Arkansas law requiring that they first obtain the proper registration, licensure, and training for construction of water wells and that such persons do not have the required bond to protec…

(1) As used in this subchapter:(1) “Contraband property” means property of any nature, including personal, tangible, or intangible, but not real property, that is used or intended to be used in violation of § 17-50-104;(2) (A) “Pumping equipment” means all machinery and parts of …

(1) The following are subject to forfeiture upon the initiation of a civil proceeding filed by the prosecuting attorney and when so ordered by the circuit court in accordance with this subchapter:(1) Contraband property used or intended to be used in violation of § 17-50-104;(2) …

(a) (1) The prosecuting attorney of the judicial district within whose jurisdiction the property sought to be forfeited is seized shall promptly proceed against the property by filing in the circuit court having jurisdiction of the property a petition for an order to show cause w…

(1) If a law enforcement agency desires to sell property forfeited to it under § 17-50-404, the law enforcement agency shall:(1) Publish at least two (2) times a week for two (2) consecutive weeks in a newspaper having general circulation in the county notice of the sale, includi…

(a) The proceeds of any sale under § 17-50-406 shall be applied as follows:(1) To payment of the balance due on any lien preserved by the court in the forfeiture proceedings;(2) To payment of the costs incurred by the seizing agency in connection with the storage, maintenance, se…

(1) As used in this chapter:(1) “Community public water system” means any public water system which serves at least fifteen (15) connections or twenty-five (25) persons who are year-round residents;(2) “Drinking Water Operator Certification Program” means those activities conduct…

(a) (1) Any person or persons representing a firm, corporation, municipality, or other political authority who violate any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dol…

(a) The State Board of Health shall have the authority to:(1) Adopt rules in accordance with this chapter as may be necessary for the administration and enforcement of this chapter;(2) Set fees to cover the cost of the administration of this chapter;(3) Revoke a water system oper…

(a) (1) There is created the Drinking Water Advisory and Operator Licensing Committee to consist of seven (7) members to be appointed by the State Board of Health.(2) One (1) shall be a member of the staff of the Engineering Section of the Department of Health who shall be a regi…

(1) The duties of the Drinking Water Advisory and Operator Licensing Committee shall be as follows:(1) To assist the Department of Health in examining applicants for water system operator licenses;(2) To advise the department as to the fitness of the applicant for licensing and c…

(a) The State Board of Health shall have the authority to:(1) Set fees to cover only the cost of the administration of this chapter; and(2) Establish fees for:(A) Examination;(B) Licensing;(C) Renewal of license;(D) Penalty for late renewal;(E) Evaluation for reciprocity; and(F) …

(a) In order to safeguard the public health, all water system operators of community and certain noncommunity public water systems from which water is sold, distributed, or otherwise offered for human consumption, whether such water systems are publicly or privately owned and ope…

(a) Water system operators shall be licensed in appropriate grades according to responsibilities and in accordance with classifications designated by the State Board of Health which consider both the population served and the level of treatment required to produce an acceptable q…

(a) The Department of Health shall license and certify all applicants for licenses under this chapter who satisfy the requirements of the chapter. Licenses shall be granted according to classifications set forth by the State Board of Health. (b) In an emergency, the department at…