reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-50-101 — 17-50-110) › Section 17-50-108 - Exemptions - Limitations

(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 without impairing the intent and purpose of this chapter.
(b)
(1)
This chapter or any rule or order issued under this chapter does not prevent a person who has not obtained a license under §
17-50-304
from constructing, altering, or repairing a water well or installing or repairing a pump or pumping equipment for use by him or her on his or her own land.
(2)
This chapter does not apply to any person owning, operating, and maintaining on May 27, 1969, any water well unless it constitutes a public health hazard.
(c)
(1)
(A)
A water well in existence on May 27, 1969, is not required to conform to §
17-50-205
or any rules adopted under §
17-50-205
.
(B)
However, any water well abandoned or repaired, including any water well deemed to have been abandoned, as defined in this chapter, shall be brought into compliance with the requirements of this chapter and applicable rules with respect to abandonment of water wells.
(2)
Any water well supplying water which is determined by the commission to be a health hazard must comply with the provisions of this chapter and applicable rules within a reasonable time after notification of the determination has been given.
(d)
This chapter does not apply to any distribution of water beyond the point of discharge from any storage or pressure tank, or beyond the point of discharge from the pump if no tank is employed, nor to any water well, pump, or other equipment used temporarily for dewatering purposes.
(e)
A county, municipality, or other political subdivision of the state engaged in well drilling shall be exempt from paying the license or rig fees for the operations performed for the political subdivision by employees of and with equipment owned by the governmental entity.
Amended by Act 2023, No. 691,§ 120, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 1481, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1480, eff. 7/24/2019.
Amended by Act 2019, No. 386,§ 32, eff. 7/24/2019.
Acts 1969, No. 641, §§ 4, 8, 13, 19; A.S.A. 1947, §§ 21-2004, 21-2008, 21-2013, 21-2019; Acts 1987, No. 693, §§ 8, 9; 1993, No. 328, § 3; 1993, No. 348, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-50-101 — 17-50-110) › Section 17-50-109 - Enforcement procedure

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
.
Amended by Act 2023, No. 691,§ 121, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 1482, eff. 7/24/2019.
Acts 1969, No. 641, § 16; A.S.A. 1947, § 21-2016; Acts 2003, No. 297, § 5.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-50-101 — 17-50-110) › Section 17-50-110 - Applicability of Arkansas Administrative Procedure Act

(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 action of the commission pursuant to the authority granted in this chapter may appeal the decision in the manner and procedure prescribed for appeals from other administrative decisions in the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Acts 1969, No. 641, § 17; 1981, No. 521, § 3; A.S.A. 1947, §§ 21-2017, 21-2018.1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 2 - COMMISSION ON WATER WELL CONSTRUCTION (§§ 17-50-201 — 17-50-209) › Section 17-50-201 - [Repealed]

Repealed by Act 2023, No. 691,§ 122, eff. 7/1/2023.
Amended by Act 2023, No. 794,§ 25, eff. 4/12/2023.
Amended by Act 2019, No. 910,§ 106, eff. 7/1/2019.
Acts 1969, No. 641, § 5; 1979, No. 80, § 1; A.S.A. 1947, § 21-2005; Acts 1995, No. 840, § 1; 1997, No. 250, § 152.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 2 - COMMISSION ON WATER WELL CONSTRUCTION (§§ 17-50-201 — 17-50-209) › Section 17-50-202 - [Repealed]

Repealed by Act 2023, No. 691,§ 123, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 107, eff. 7/1/2019.
Acts 1969, No. 641, § 5; 1979, No. 80, § 1; A.S.A. 1947, § 21-2005.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 2 - COMMISSION ON WATER WELL CONSTRUCTION (§§ 17-50-201 — 17-50-209) › Section 17-50-203 - [Repealed]

Repealed by Act 2023, No. 691,§ 124, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 108, eff. 7/1/2019.
Acts 1969, No. 641, § 5; 1979, No. 80, § 1; A.S.A. 1947, § 21-2005.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 2 - COMMISSION ON WATER WELL CONSTRUCTION (§§ 17-50-201 — 17-50-209) › Section 17-50-204 - Powers and duties

(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. With respect thereto, the commission shall:
(1)
Hold public hearings in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.;
(2)
Issue such orders and take such other actions as may be necessary to enforce the provisions of this chapter and the rules adopted under this chapter;
(3)
Establish procedures and forms for the submission, review, approval, and rejection of applications, notifications, and reports required under this chapter;
(4)
Prepare subject matter for examinations to test the knowledge and skills of:
(A)
Water well drillers in the construction, alteration, and repair of water wells, including proper sealing and abandonment of water wells, and the rules of this chapter;
(B)
Pump installers in the planning, installation, operation, and repair of pumping equipment and water wells including sealing and abandonment, pumping efficiency, and the rules of this chapter; and
(C)
Other persons who by trade install, alter, construct, or repair water wells and related equipment and who are eligible for license or certificate;
(5)
Adopt, amend, or repeal, and publish rules governing examinations;
(6)
Authorize the Department of Agriculture to:
(A)
Hold examinations of applicants for certificates of registration at least one (1) time a year;
(B)
Grade all tests and examinations for certificates of registration; and
(C)
Issue licenses, permits, or certificates for the type or class of well construction or repair or pump installation; and
(7)
Perform such other duties as are consistent with the purposes of this chapter.
(b)
The commission may adopt and procure a seal for its official use.
Amended by Act 2023, No. 691,§ 125, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 1483, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 109, eff. 7/1/2019.
Acts 1969, No. 641, §§ 5, 6; 1979, No. 80, § 1; A.S.A. 1947, §§ 21-2005, 21-2006; Acts 1987, No. 693, § 3; 1989, No. 748, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 2 - COMMISSION ON WATER WELL CONSTRUCTION (§§ 17-50-201 — 17-50-209) › Section 17-50-205 - Inspections

(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 Arkansas Natural Resources Commission finds that applicable laws or rules have not been complied with or that a health hazard exists, the commission shall disapprove the water well. If disapproved, no water well shall thereafter be used until brought into compliance and any health hazard is eliminated.
(c)
Any person aggrieved by the disapproval of a water well shall be afforded the opportunity of a hearing before the commission.
Amended by Act 2023, No. 691,§ 126, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 1484, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 110, eff. 7/1/2019.
Acts 1969, No. 641, § 7; A.S.A. 1947, § 21-2007.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 2 - COMMISSION ON WATER WELL CONSTRUCTION (§§ 17-50-201 — 17-50-209) › Section 17-50-206 - Disposition of funds

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 chapter. The deposits shall be audited under the rules prescribed by the Department of Finance and Administration.
Amended by Act 2023, No. 691,§ 127, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 1485, eff. 7/24/2019.
Acts 1969, No. 641, § 15; 1981, No. 521, § 4; A.S.A. 1947, §§ 21-2015, 21-2018.2.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 2 - COMMISSION ON WATER WELL CONSTRUCTION (§§ 17-50-201 — 17-50-209) › Section 17-50-207 - Injunctions - Liability of members

(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 or any rule promulgated by the commission under the authority of this chapter. Such injunctions shall be issued without bond.
(b)
The issuance of any injunction shall not preclude any criminal prosecution for violations of this chapter.
(c)
The members of the commission, when acting in good faith, shall not be personally liable for any proceedings taken under this chapter.
Amended by Act 2023, No. 691,§ 128, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 1486, eff. 7/24/2019.
Acts 1989, No. 748, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 2 - COMMISSION ON WATER WELL CONSTRUCTION (§§ 17-50-201 — 17-50-209) › Section 17-50-208 - Proceedings before commission

(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 may be pertinent to any questions lawfully before the commission. The subpoena shall be served by the sheriff or any other officer authorized by law to serve process in this state.
(b)
In case of failure or refusal on the part of any person to comply with any subpoena issued by the commission, or in case of the refusal of any witness to testify or answer as to any matter regarding which he or she may be lawfully interrogated, the circuit court of the county where the person is domiciled or is engaged in business or where the records are filed, on application of the commission, may issue an order to compel the person to comply with the subpoena and to attend before the commission and produce the documents and give his or her testimony upon matters, as may be lawfully required.
(c)
The court shall have the power to punish for contempt as in case of disobedience of like subpoena issued by or from the court, or for a refusal to testify therein.
Amended by Act 2023, No. 691,§ 129, eff. 7/1/2023.
Acts 1989, No. 748, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 2 - COMMISSION ON WATER WELL CONSTRUCTION (§§ 17-50-201 — 17-50-209) › Section 17-50-209 - Investigations

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.
Amended by Act 2019, No. 910,§ 111, eff. 7/1/2019.
Acts 1989, No. 748, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 3 - CERTIFICATES, LICENSES, AND PERMITS (§§ 17-50-301 — 17-50-312) › Section 17-50-301 - Certificate - Applicant qualifications

(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)
Is at least eighteen (18) years of age;
(2)
[Repealed.]
(3)
Has knowledge of the rules adopted under this chapter; and
(4)
(A)
Has experience as defined by the commission's rules in the work for which he or she is applying for a certificate of registration.
(B)
An applicant may satisfy the requirement under subdivision (a)(4)(A) of this section by:
(i)
Completing the commission's apprenticeship program;
(ii)
Holding a valid certificate of registration from the commission, within the past ten (10) years, of the type and class for which the applicant is applying; or
(iii)
Providing a valid certificate from another state of a type and class substantially similar to the type and class for which the applicant is applying for the period of time equal to the requirement for the apprenticeship program.
(b)
The commission shall provide examinations and a course of instruction, when required, that each applicant must pass in order to qualify for the certificate of registration.
Amended by Act 2023, No. 691,§ 130, eff. 7/1/2023.
Amended by Act 2019, No. 990,§ 56, eff. 7/24/2019.
Amended by Act 2013, No. 324,§ 1, eff. 8/16/2013.
Acts 1969, No. 641, § 10; 1981, No. 521, § 1; A.S.A. 1947, § 21-2010; Acts 1987, No. 693, § 4; 1993, No. 328, § 1; 1993, No. 348, § 1; 1993, No. 1219, § 13; 2001, No. 1184, § 3; 2003, No. 297, § 6.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 3 - CERTIFICATES, LICENSES, AND PERMITS (§§ 17-50-301 — 17-50-312) › Section 17-50-302 - Certificate - Reciprocity

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 issued to him or her by proper authority in any state, territory, or possession of the United States or of any other country if:
(A)
The registration standard under which the certificate was issued is of a standard not lower than that specified by the provisions of this chapter and the rules of the commission promulgated pursuant to the provisions hereof; and
(B)
That particular state, territory, or possession of the United States or other country extends similar privileges to the persons registered under the provisions of this chapter.
Amended by Act 2023, No. 691,§ 131, eff. 7/1/2023.
Acts 1969, No. 641, § 10; A.S.A. 1947, § 21-2010; Acts 2001, No. 1184, § 4; 2003, No. 297, § 7.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 3 - CERTIFICATES, LICENSES, AND PERMITS (§§ 17-50-301 — 17-50-312) › Section 17-50-303 - Certificate - Expiration and renewal

(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 condition for renewal of certificates of registration, the Arkansas Natural Resources Commission may require the person holding the certificate to complete a program of continuing education.
(d)
If any person issued a certificate of registration under this chapter shall fail to make application for renewal thereof within one (1) year after the expiration of the certificate of registration, the certificate of registration of the person shall be renewed only upon application, examination, and payment of the applicable fee plus a penalty of twenty-five dollars ($25.00).
Amended by Act 2023, No. 691,§ 132, eff. 7/1/2023.
Acts 1969, No. 641, § 10; 1973, No. 335, § 1; 1979, No. 80, § 3; A.S.A. 1947, § 21-2010; Acts 2003, No. 297, § 8.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 3 - CERTIFICATES, LICENSES, AND PERMITS (§§ 17-50-301 — 17-50-312) › Section 17-50-304 - License requirement - Exemption

(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 and under the personal supervision of a licensed water well contractor.
(c)
A land owner installing pumping equipment in a water well owned by him or her for his or her own use is exempted from the licensing requirements of this chapter.
Amended by Act 2023, No. 691,§ 133, eff. 7/1/2023.
Acts 1969, No. 641, § 11; A.S.A. 1947, § 21-2011; Acts 1993, No. 328, § 2; 1993, No. 348, § 2.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 3 - CERTIFICATES, LICENSES, AND PERMITS (§§ 17-50-301 — 17-50-312) › Section 17-50-305 - License - Application and issuance

(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 prepared and furnished by the commission.
(b)
Any person whose application for a license to engage in business as a water well contractor has been denied may request, and shall be granted, a hearing in the county where the complainant has his or her place of business before an appropriate officer of the commission.
(c)
No application for a license issued pursuant to §
17-50-304
may be made within one (1) year after revocation thereof.
Amended by Act 2023, No. 691,§ 134, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 1487, eff. 7/24/2019.
Acts 1969, No. 641, § 11; A.S.A. 1947, § 21-2011; Acts 1987, No. 693, § 5; 1995, No. 1296, § 66; 2003, No. 297, § 9.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 3 - CERTIFICATES, LICENSES, AND PERMITS (§§ 17-50-301 — 17-50-312) › Section 17-50-306 - License - Display

The licensee shall conspicuously display his or her license at his or her principal place of business.
Acts 1969, No. 641, § 11; A.S.A. 1947, § 21-2011.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 3 - CERTIFICATES, LICENSES, AND PERMITS (§§ 17-50-301 — 17-50-312) › Section 17-50-307 - License - Expiration and renewal

(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)
(1)
(A)
The water well contractor shall renew the license annually by applying no later than thirty (30) days after the expiration date and paying the applicable fee.
(B)
When the water well contractor submits the renewal materials and fee, the commission shall extend the validity of the current license until the water well contractor receives the new license or the applicant is notified by the commission that it has refused to renew the license.
(2)
After August 31 of each year, a license will be renewed only upon application and payment of the applicable fee plus a penalty of fifty dollars ($50.00).
Amended by Act 2023, No. 691,§ 135, eff. 7/1/2023.
Acts 1969, No. 641, § 11; 1979, No. 80, § 4; A.S.A. 1947, § 21-2011; Acts 2003, No. 297, § 10.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 3 - CERTIFICATES, LICENSES, AND PERMITS (§§ 17-50-301 — 17-50-312) › Section 17-50-308 - License - Suspension and revocation

(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 license.
(b)
The commission shall serve any order issued pursuant to this section upon the licensee by:
(1)
Certified mail with return receipt requested; or
(2)
Personal service.
(c)
Any such order shall become effective upon return of receipt to the commission.
(d)
Any person aggrieved by any order issued after the hearing may appeal within thirty (30) days to the circuit court of the county where that person resides or to the Pulaski County Circuit Court.
Amended by Act 2023, No. 691,§ 136, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 1488, eff. 7/24/2019.
Acts 1969, No. 641, § 11; A.S.A. 1947, § 21-2011; Acts 2003, No. 297, § 11.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 3 - CERTIFICATES, LICENSES, AND PERMITS (§§ 17-50-301 — 17-50-312) › Section 17-50-309 - Bond

(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 well contractor's past performance or violations of the rules of this chapter, construction methods, type or class of construction, and business practices.
(c)
In no instance shall this bond be less than ten thousand dollars ($10,000) unless exempted by other provisions of this chapter.
Amended by Act 2023, No. 691,§ 137, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 1489, eff. 7/24/2019.
Acts 1969, No. 641, § 11; 1981, No. 521, § 2; A.S.A. 1947, § 21-2011; Acts 1987, No. 693, § 6; 2003, No. 297, § 12.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 3 - CERTIFICATES, LICENSES, AND PERMITS (§§ 17-50-301 — 17-50-312) › Section 17-50-310 - Rig permits

(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 year.
(b)
(1)
(A)
The water well contractor must renew the rig permit annually by applying no later than thirty (30) days after the expiration date and paying the required fee.
(B)
After receiving the renewal materials and fee, the commission shall extend the validity of the current rig permit until the water well contractor receives:
(i)
The new rig permit; or
(ii)
Notice that the commission has refused to renew the rig permit.
(2)
After August 31 of each year, the commission shall only renew a rig permit upon application and payment of the applicable fee plus a penalty of twenty-five dollars ($25.00).
(c)
(1)
No water well contractor shall operate a rig or permit an employee to operate a rig unless the water well contractor holds a valid rig permit issued by the commission.
(2)
The water well contractor shall obtain a separate permit for each rig operated by the water well contractor during the permit year.
(d)
(1)
The commission shall issue permits composed of weatherproof material.
(2)
The water well contractor shall firmly and conspicuously attach the permit to the rig for which it was issued.
Amended by Act 2023, No. 691,§ 138, eff. 7/1/2023.
Acts 1969, No. 641, § 9; 1979, No. 80, § 2; A.S.A. 1947, § 21-2009; Acts 2003, No. 297, § 13.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 3 - CERTIFICATES, LICENSES, AND PERMITS (§§ 17-50-301 — 17-50-312) › Section 17-50-311 - Fees

(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 ............... 400.00
(4)
Rig permit fee ............... 160.00
(5)
Registration fee - well driller ............... 150.00
(6)
Registration fee - pump installer ............... 150.00
(7)
Registration fee - apprentice ............... 150.00
(b)
The commission shall not reduce fees for any license or rig permit even though it may be valid for less than a full license or permit year.
(c)
The commission is authorized to establish and receive fees for the cost incurred in rendering services and material, provided the fees reflect the reasonable cost to the commission. The commission shall establish the fees as set forth in the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(d)
The commission shall have the authority to set fees not to exceed the maximums set in subsection (a) of this section.
Amended by Act 2023, No. 691,§ 139, eff. 7/1/2023.
Acts 1969, No. 641, § 14; 1975, No. 657, § 1; 1985, No. 783, § 1; A.S.A. 1947, § 21-2014; Acts 2003, No. 297, § 14; 2007, No. 434, § 1; 2009, No. 371, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 3 - CERTIFICATES, LICENSES, AND PERMITS (§§ 17-50-301 — 17-50-312) › Section 17-50-312 - Apprenticeship program

(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 apprenticeship program shall include the following:
(A)
Registration and issuance of a certificate of apprenticeship for the type or class of registration for which the apprentice will be applying; and
(B)
Supervision of the apprentice by a person holding a valid certificate or certificates of registration of the type or class for which the apprentice will be applying.
(2)
The supervising certificate holder shall report to the commission at the time of certificate of apprenticeship registration renewal that the apprentice is successfully obtaining the necessary knowledge, skills, and abilities for the type or class of certificate for which the apprentice will be applying.
(3)
The apprenticeship program requirement shall not exceed four (4) years.
Amended by Act 2023, No. 691,§ 140, eff. 7/1/2023.
Acts 2003, No. 297, § 15.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 4 - ARKANSAS WATER WELL RIG CONFISCATION ACT (§§ 17-50-401 — 17-50-407) › Section 17-50-401 - Title

This subchapter may be known and cited as the "Arkansas Water Well Rig Confiscation Act".
Acts 2003, No. 855, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 4 - ARKANSAS WATER WELL RIG CONFISCATION ACT (§§ 17-50-401 — 17-50-407) › Section 17-50-402 - Legislative findings

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 protect well owners;
(2)
Construction of water wells by those persons is a threat to the general health, safety, and welfare because the Arkansas Natural Resources Commission does not have knowledge of their actions and has no means of holding them accountable for failure to develop water in an orderly, sanitary, reasonable, and safe manner; and
(3)
Because those persons pose a great threat to the people of Arkansas, the commission must have the ability to obtain the forfeiture of the property of violators.
Amended by Act 2023, No. 691,§ 141, eff. 7/1/2023.
Acts 2003, No. 855, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 4 - ARKANSAS WATER WELL RIG CONFISCATION ACT (§§ 17-50-401 — 17-50-407) › Section 17-50-403 - Definitions

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 pumps such as deep well turbine pumps with right angle gear drive, vertical hollow shaft motors, jet pumps and motors, submersible pumps and motors, and other parts and fittings installed or attached to the well.
(B)
"Pumping equipment" does not include cooling units, horizontal electric motors, heat pump circulating pipe, and stationary diesel or gas engines;
(3)
"Rig" means any power-driven, percussion, rotary, digging, jetting, direct push, vibrating, hydrofracturing, or augering machine used in the construction, alteration, or abandonment of water wells, or any hoist or machine used in installing or removing pumps from wells with the lifting capacity of one thousand pounds (1,000 lbs.) or more; and
(4)
(A)
"Water well" means any excavation that is drilled, redrilled, cored, bored, washed, driven, dug, jetted, or otherwise artificially constructed for the purpose of locating, acquiring, diverting, or artificially recharging ground water.
(B)
(i)
"Water well" includes excavations made for the purpose of exchanging the geothermal energy found in the earth as heat pump wells as defined in §
17-50-103
.
(ii)
"Water well" does not include an excavation made for the purpose of obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying, or for inserting media to repressure oil or natural gas-bearing formations, or for storing petroleum, natural gas, or other products.
Amended by Act 2019, No. 386,§ 33, eff. 7/24/2019.
Acts 2003, No. 855, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 4 - ARKANSAS WATER WELL RIG CONFISCATION ACT (§§ 17-50-401 — 17-50-407) › Section 17-50-404 - Property subject to forfeiture

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)
The proceeds gained from a violation of §
17-50-104
;
(3)
Personal property acquired with proceeds gained from a violation of §
17-50-104
;
(4)
(A)
All conveyances, including vehicles and rigs, that are used or intended for use to facilitate a violation of §
17-50-104
.
(B)
No conveyance used as a common carrier by any person in business as a common carrier is subject to forfeiture unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter.
(C)
No conveyance is subject to forfeiture under this subchapter by reason of any act or omission established by the owners to have been committed or omitted without the owners' knowledge or consent.
(D)
A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party or parties;
(5)
All materials including pumping equipment, casing, piping, motors, and other equipment used or intended for use in violation of §
17-50-104
;
(6)
(A)
Everything of value furnished or intended to be furnished in exchange for a violation of §
17-50-104
or all profits, proceeds, or property, excluding real property, traceable to such an exchange.
(B)
It may be presumed that the property described in subdivision (6)(A) of this section was acquired with proceeds gained from a violation of §
17-50-104
and is subject to forfeiture; and
(7)
Property used in a violation of §
17-50-104
that has title of ownership with two (2) parties on the title or a cosigner if one (1) party on the title uses the property in violation of §
17-50-104
or receives titled property as the proceeds of the violation even if the second party claims that he or she did not have knowledge or involvement in the violation.
Acts 2003, No. 855, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 4 - ARKANSAS WATER WELL RIG CONFISCATION ACT (§§ 17-50-401 — 17-50-407) › Section 17-50-406 - Sale of forfeited property

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, including the time, place, conditions of the sale, and a description of the property to be sold;
(2)
Send a copy of the notice of the sale to each person having ownership of or a security interest in the property by certified mail, return receipt requested, or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure if:
(A)
The property is of a type for which title or registration is required by law;
(B)
The owner of the property is known in fact to the law enforcement agency at the time of seizure; or
(C)
The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, §
4-1-101
et seq.; and
(3)
Dispose of the property at public auction to the highest bidder for cash without appraisal.
Acts 2003, No. 855, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 50 - WATER WELL CONSTRUCTORS (§§ 17-50-101 — 17-50-407) › Subchapter 4 - ARKANSAS WATER WELL RIG CONFISCATION ACT (§§ 17-50-401 — 17-50-407) › Section 17-50-407 - Application of proceeds from sale

(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, security, and forfeiture of the property;
(3)
To payment of the costs incurred by the court;
(4)
To payment of the costs incurred by the prosecuting attorney or attorney for the law enforcement agency to which the property is forfeited or to the Arkansas Natural Resources Commission in investigating and developing the case; and
(5)
The remaining proceeds shall be equally divided between the commission to be used in furtherance of the commission's activities and the law enforcement agency to which the property is forfeited.
(b)
If more than one (1) law enforcement agency is substantially involved in effecting a forfeiture under §
17-50-404
, the circuit court having jurisdiction over the forfeiture proceeding shall equitably distribute the law enforcement agency portion of the property among the law enforcement agencies.
Amended by Act 2023, No. 691,§ 142, eff. 7/1/2023.
Acts 2003, No. 855, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 51 - WATERWORKS OPERATORS (§§ 17-51-101 — 17-51-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-51-101 — 17-51-106) › Section 17-51-101 - Definitions

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 conducted by the Department of Health and the Drinking Water Advisory and Operator Licensing Committee related to the training, examination, and licensing and certification of public water system operators;
(3)
"Late renewal" means an application for renewal when the application for renewal or the associated fee is received more than thirty (30) days following the beginning of a renewal period;
(4)
"Noncommunity public water system" means a public water system that serves fifteen (15) service connections or twenty-five (25) persons, at least sixty (60) days per year, that is not a community public water system;
(5)
"Nontransient noncommunity public water system" means a public water system that is not a community public water system and that regularly serves at least twenty-five (25) of the same persons over six (6) months per year;
(6)
"Public water system " means all sources and their surroundings from which water is derived for drinking or domestic purposes by the public, and all structures, conduits, and appurtenances in connection therewith by which water for such use is obtained, treated, conditioned, stored, and delivered to consumers;
(7)
"Treatment" means the application of physical processes or the addition of chemicals, or both, to water which a public water system provides to the public for the purpose of improving the quality of the water, except that the addition of gaseous chlorine, sodium hypochlorite, or calcium hypochlorite alone shall not be defined as treatment; and
(8)
"Water system operator" means any person who, during the performance of his or her regular duties at a community public water system, a nontransient noncommunity public water system, or any other noncommunity public water system which utilizes a surface water or surface water-influenced source, exercises individual judgment by which, either directly or indirectly, the safety, quality, and quantity of water delivered from the water system might be affected.
Amended by Act 2019, No. 386,§ 35, eff. 7/24/2019.
Amended by Act 2019, No. 386,§ 34, eff. 7/24/2019.
Acts 1957, No. 333, § 2; A.S.A. 1947, § 71-1702; Acts 1991, No. 1001, § 1; 1997, No. 494, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 51 - WATERWORKS OPERATORS (§§ 17-51-101 — 17-51-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-51-101 — 17-51-106) › Section 17-51-102 - Penalties

(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 dollars ($100) nor more than five hundred dollars ($500) or by imprisonment in the county jail for not more than thirty (30) days, or by both fine and imprisonment.
(2)
Each day during which a violation continues shall be a separate offense.
(b)
(1)
Every firm, person, or corporation that violates this chapter or any of the rules issued or promulgated by the State Board of Health, or that violates any condition of a license, permit, certificate, or any other type of registration issued by the board, may be assessed a civil penalty by the board.
(2)
The penalty shall not exceed one thousand dollars ($1,000) for each violation.
(3)
Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.
(c)
All fines collected under this section shall be deposited into the State Treasury and credited to the Waterworks Operators Licensing Fund to be used to defray the costs of administering this chapter.
(d)
Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer of the Department of Health is authorized to transfer all unexpended funds relative to fines collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.
Amended by Act 2019, No. 315,§ 1491, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1490, eff. 7/24/2019.
Acts 1957, No. 333, § 13; A.S.A. 1947, § 71-1713; Acts 1991, No. 1001, § 1; 1995, No. 787, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 51 - WATERWORKS OPERATORS (§§ 17-51-101 — 17-51-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-51-101 — 17-51-106) › Section 17-51-103 - Powers and duties of the board

(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 operator's license for cause; and
(4)
Establish minimum educational standards for all applicants for licensure.
(b)
All rules promulgated pursuant to this chapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.
Amended by Act 2019, No. 315,§ 1493, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1492, eff. 7/24/2019.
Acts 1957, No. 333, §§ 3, 4; A.S.A. 1947, §§ 71-1703, 71-1704; Acts 1991, No. 1001, §§ 1, 2; 1997, No. 179, § 12.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 51 - WATERWORKS OPERATORS (§§ 17-51-101 — 17-51-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-51-101 — 17-51-106) › Section 17-51-104 - Drinking Water Advisory and Operator Licensing Committee - Creation - Members

(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 registered engineer and who shall act as executive secretary for the board for water system operator licensing activities, and also act as executive secretary for the committee.
(3)
One (1) shall be an engineer on the teaching staff of any state-supported institution of higher education who shall be either a sanitary engineer, civil engineer, environmental engineer, or chemical engineer with expertise in the drinking water field.
(4)
Four (4) members shall be active water system operators who shall hold the highest grade licenses.
(5)
One (1) member shall be a consulting engineer specializing in drinking water systems design.
(b)
Each regular appointment shall be for a term of six (6) years, provided that no person shall be appointed to serve more than one (1) full six-year term.
(c)
In the event of a vacancy, a new member shall be appointed by the board to serve out the unexpired term.
(d)
A member of the committee may be removed for cause only after the board has made an investigation at which the accused has had an opportunity to defend himself or herself against any and all charges.
(e)
The committee shall serve without remuneration but may receive expense reimbursement in accordance with §
25-16-901
et seq.
(f)
All members of the committee shall be residents of the State of Arkansas.
(g)
The member of the committee who is a member of the staff of the Engineering Section of the Department of Health shall serve at the pleasure of the Secretary of the Department of Health.
Amended by Act 2019, No. 910,§ 4864, eff. 7/1/2019.
Acts 1957, No. 333, § 9; A.S.A. 1947, § 71-1709; Acts 1991, No. 1001, § 1; 1997, No. 250, § 153; 1997, No. 494, § 2.