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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-25-101 — 17-25-107) › Section 17-25-107 - Abuse, neglect, or exploitation

(a)
The definitions under §
5-28-101
apply to this chapter.
(b)
Any contractor licensed or registered under this chapter that is found by the Contractors Licensing Board or the Residential Contractors Committee to have abused, neglected, or exploited an endangered person or an impaired person while engaging in performing the services of a contractor as defined under §
17-25-101
is subject to emergency license or registration suspension under §§
17-25-309
and
17-25-510
.
(c)
The board may provide evidence, documentation, reports, and information related to the abuse, neglect, or exploitation of an endangered person or an impaired person to any entity with the authority to enforce §
5-28-101
et seq.
Added by Act 2019, No. 805,§ 6, eff. 7/1/2020.
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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 2 - CONTRACTORS LICENSING BOARD (§§ 17-25-201 — 17-25-206) › Section 17-25-201 - Creation - Members

(a)
There is created a Contractors Licensing Board, consisting of seven (7) members, who shall be appointed by the Governor.
(b)
(1)
Each member shall be at least thirty-five (35) years of age and must have been a resident of the State of Arkansas for the previous five (5) years.
(2)
(A)
Five (5) members shall be contractors of not fewer than ten (10) years' experience in responsible charge of construction projects of a magnitude consistent with the duties of their offices. Each must hold an unexpired contractor's license issued under this chapter. Each must, at the time of appointment, maintain his or her principal place of business in Arkansas.
(B)
At least one (1) member of the board shall have had as a larger part of his or her business the construction of sewers and waterworks.
(C)
At least one (1) member of the board shall have had as a larger part of his or her business the construction of buildings.
(D)
At least one (1) member of the board shall have had as a larger part of his or her business the construction of highways.
(3)
Two (2) members of the board shall not be actively engaged in or retired from the profession of contracting. One (1) shall represent consumers, and one (1) shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations.
(c)
(1)
Members shall serve five-year terms.
(2)
Terms shall expire on December 31 of the fifth year.
(3)
Each member shall hold over after the expiration of his or her term until his or her successor shall be duly appointed and qualified.
(4)
If a vacancy shall occur in the board for any cause, it shall be filled by appointment by the Governor.
(5)
The Governor may remove any member of the board at any time for misconduct, incompetency, or neglect of duty.
(d)
Each member of the board shall receive a certificate of appointment from the Governor and, before entering upon the discharge of the duties of his or her office, shall file with the Secretary of State the constitutional oath of office.
(e)
Each member of the board may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq.
Acts 1965, No. 150, §§ 2, 3, 6; 1969, No. 293, § 1; 1973, No. 293, § 1; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1985, No. 180, § 2; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 71-702, 71-703, 71-706; Acts 1989, No. 487, § 6; 1989, No. 795, § 1; 1997, No. 250, § 132.
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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 2 - CONTRACTORS LICENSING BOARD (§§ 17-25-201 — 17-25-206) › Section 17-25-202 - Organization and functions

(a)
The Contractors Licensing Board shall elect a chair, vice chair, and secretary, each to serve in his or her respective capacity for one (1) year. Officers shall be elected by the board annually.
(b)
The board shall have two (2) regular meetings in each year. One (1) meeting shall be in the month of February, and one (1) meeting shall be in the month of August, for the purpose of transacting such business as may properly come before it, on call of the Chair of the Contractors Licensing Board.
(c)
Special or adjourned meetings may be held at such times as the board may provide by the bylaws which it shall adopt, or at such times as the board may, by reasonable resolution, provide.
(d)
Due notice of each meeting and the time and place thereof shall be given to each member in such manner as the bylaws shall provide.
(e)
Three (3) members of the board shall constitute a quorum.
(f)
The board shall adopt a seal for its own use and shall have on it the words, "Contractors Licensing Board, State of Arkansas, Seal", and the secretary shall have charge and custody of it.
Acts 1965, No. 150, § 4; 1979, No. 1020, § 2; A.S.A. 1947, § 71-704.
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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 2 - CONTRACTORS LICENSING BOARD (§§ 17-25-201 — 17-25-206) › Section 17-25-203 - Powers

(a)
The Contractors Licensing Board shall have power to make such bylaws and rules for its operation as it shall consider appropriate, provided that they are not in conflict with the laws of the State of Arkansas.
(b)
All expenses incurred by the board for the administration of this chapter are authorized to be paid by the board.
(c)
The board, or any committee thereof, shall be entitled to the services of the Attorney General or other state legal counsel as deemed appropriate, in connection with the operation of the affairs of the board. Additional legal counsel may be employed by the board from time to time as it may deem necessary.
Amended by Act 2019, No. 315,§ 1377, eff. 7/24/2019.
Acts 1965, No. 150, §§ 3, 4, 6; 1969, No. 293, § 1; 1973, No. 293, § 1; 1979, No. 1020, § 2; 1985, No. 180, § 2; A.S.A. 1947, §§ 71-703, 71-704, 71-706.
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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 2 - CONTRACTORS LICENSING BOARD (§§ 17-25-201 — 17-25-206) › Section 17-25-204 - Employees

The Contractors Licensing Board in consultation with the Secretary of the Department of Labor and Licensing may employ a chief administrative employee, also known as "administrator", who shall possess such qualifications as may be determined by the board and who shall serve at the pleasure of the board. In addition, the board may employ such additional professional and clerical employees as may be necessary for the operation of the board and its various functions and pay salaries thereto as may be authorized by law.
Amended by Act 2019, No. 910,§ 5417, eff. 7/1/2019.
Acts 1965, No. 150, § 6; 1969, No. 293, § 1; 1973, No. 293, § 1; 1985, No. 180, § 2; A.S.A. 1947, § 71-706.
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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 2 - CONTRACTORS LICENSING BOARD (§§ 17-25-201 — 17-25-206) › Section 17-25-205 - Disposition of funds

The fees of the Contractors Licensing Board shall be deposited into banks to be used by the Contractors Licensing Board in the manner prescribed by law, similar to the accounts of other examining and licensing boards of the state, and shall be audited under rules prescribed by the Secretary of the Department of Finance and Administration.
Amended by Act 2019, No. 315,§ 1378, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3424, eff. 7/1/2019.
Acts 1965, No. 150, § 5; A.S.A. 1947, § 71-705.
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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 2 - CONTRACTORS LICENSING BOARD (§§ 17-25-201 — 17-25-206) › Section 17-25-206 - Records and reports

(a)
The Secretary of the Contractors Licensing Board shall keep a record of the proceedings of the Contractors Licensing Board.
(b)
The Secretary of the Contractors Licensing Board shall keep a register of all applications for license showing for each:
(1)
The date of application, name, qualification, place of business, and place of residence;
(2)
Whether the license was granted or refused; and
(3)
A complete transcript of the proceedings, including evidence submitted by applicants, licensees, the board, or otherwise, at any hearing.
(c)
The books and register of this board, including transcripts of proceedings, shall be prima facie evidence of all matters recorded therein. A certified copy of such books or register, including a transcript of proceedings, under the seal of the board and attested by the Secretary of the Contractors Licensing Board, shall be received in evidence in all courts of the state in lieu of the original.
(d)
A roster showing the names and places of business and of residence of all licensed contractors shall be prepared annually by the Secretary of the Contractors Licensing Board.
(e)
On or before August 1 of each year, the board shall submit to the Secretary of the Department of Labor and Licensing a report of its transactions for the preceding year and shall file with the Secretary of State a copy of the report, together with a complete statement of receipts and expenditures of the board attested by the affidavit of the Chair of the Contractors Licensing Board and the Secretary of the Contractors Licensing Board and a copy of the roster of licensed contractors.
(f)
A record shall be made and preserved by the board of each examination of applicant or licensee. The findings of the board thereon and a certified copy of the record shall be furnished to any applicant or licensee desiring to appeal from the findings of the board, as provided in §
17-25-312
, upon payment of the costs of transcribing the record.
Amended by Act 2019, No. 910,§ 5418, eff. 7/1/2019.
Acts 1965, No. 150, §§ 5, 7, 9; A.S.A. 1947, §§ 71-705, 71-707, 71-709; Acts 1999, No. 43, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 3 - LICENSING (§§ 17-25-301 — 17-25-317) › Section 17-25-301 - Significance - Proof

(a)
The issuance of a certificate of license or registration by the Contractors Licensing Board shall be evidence that the person, firm, or corporation named on the certificate of license or registration is entitled to all of the rights and privileges of a licensed or registered contractor while the license or registration remains unrevoked or unexpired.
(b)
(1)
Upon making application to the building inspector or other authority of any incorporated city or town in Arkansas charged with the duty of issuing building or other permits for the construction of any building, apartment, condominium, utility, highway, sewer, grading, or any other improvement or structure, when the cost of the work to be done by the contractor, but not limited to labor and materials, is fifty thousand dollars ($50,000) or more, any person, firm, or corporation, before being entitled to the issuance of such permits, shall furnish satisfactory proof to the inspector or authority that he or she is duly licensed under the terms of this chapter.
(2)
It shall be unlawful for the building inspector or other authority to issue or allow the issuance of a building permit unless and until the applicant has furnished evidence that he or she is either exempt from the provisions of this chapter or is duly licensed under this chapter to carry out or superintend the work for which the permit has been applied.
Amended by Act 2019, No. 805,§ 7, eff. 7/1/2020.
Amended by Act 2015, No. 1048,§ 3, eff. 7/22/2015.
Acts 1965, No. 150, § 13; A.S.A. 1947, § 71-712; Acts 1987, No. 495, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 3 - LICENSING (§§ 17-25-301 — 17-25-317) › Section 17-25-302 - Limitations

The Contractors Licensing Board shall have power to limit by proper classification the license or registration to the character of work for which the applicant is qualified.
Amended by Act 2019, No. 805,§ 8, eff. 7/1/2020.
Acts 1965, No. 150, § 10; A.S.A. 1947, § 71-710; Acts 1999, No. 43, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 3 - LICENSING (§§ 17-25-301 — 17-25-317) › Section 17-25-303 - Application - Renewal - Fees

(a)
(1)
(A)
A person desiring to be licensed or registered as a contractor in this state shall make and file with the Contractors Licensing Board thirty (30) days before any regular or special meeting of the board, a written application on a form prescribed by the board, for examination by the board.
(B)
The application shall be accompanied by payment in a sum to be determined by the board, but not to exceed one hundred dollars ($100) to the board.
(2)
The thirty-day requirement may be waived by the board provided that the contractor has on file with the board a completed original application and proof of having successfully completed any examination required.
(b)
Thereafter, an annual renewal license or registration fee to be determined by the board but not to exceed one hundred dollars ($100) shall be paid by each licensee or registrant to defray the costs and expenses of the administration of this chapter.
Amended by Act 2019, No. 805,§ 10, eff. 7/1/2020.
Amended by Act 2019, No. 805,§ 9, eff. 7/1/2020.
Acts 1965, No. 150, § 8; 1971, No. 546, § 1; 1979, No. 1020, § 3; 1985, No. 180, § 3; A.S.A. 1947, § 71-708; Acts 1997, No. 335, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 3 - LICENSING (§§ 17-25-301 — 17-25-317) › Section 17-25-305 - Applicant qualifications

(a)
The Contractors Licensing Board, in determining the qualifications of any applicant for an original license or any renewal license, shall, among other things, consider the following:
(1)
Experience;
(2)
Ability;
(3)
The manner of performance of previous contracts;
(4)
Financial condition;
(5)
Equipment;
(6)
Any other fact tending to show ability and willingness to conserve the public health and safety; and
(7)
Default in complying with the provisions of this chapter or another law of the state.
(b)
The board may develop reciprocal agreements with other states with similar licensing responsibilities.
(c)
In addition to the offenses listed in §
17-3-102
, the board may consider the following offenses when determining fitness for licensure or registration of a contractor under this chapter:
(1)
Conviction of a crime with an element of dishonesty or fraud under the laws of this state, another state, or the United States;
(2)
Conviction of voyeurism as prohibited in §§
5-16-101
and
5-16-102
;
(3)
Conviction under the Arkansas Hot Check Law, §
5-37-301
et seq.; and
(4)
(A)
A crime or act that is substantially related to the qualifications, functions, or duties of a contractor.
(B)
A crime or act may be deemed substantially related to the qualifications, functions, or duties of a contractor if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a contractor's license or registration to perform the functions authorized by the license or registration.
Amended by Act 2019, No. 990,§ 27, eff. 7/24/2019.
Amended by Act 2019, No. 990,§ 26, eff. 7/24/2019.
Acts 1965, No. 150, § 9; A.S.A. 1947, § 71-709; Acts 1997, No. 335, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 3 - LICENSING (§§ 17-25-301 — 17-25-317) › Section 17-25-306 - Examinations - Certification

(a)
Any person desiring to apply for a license shall be permitted to take an examination to determine the applicant's qualifications.
(b)
If the result of the examination of any applicant shall be satisfactory to the Contractors Licensing Board, and if the application complies with the board's rules, then the board shall issue to the applicant a certificate to engage in contracting in the State of Arkansas.
(c)
Anyone failing to pass the examination may be reexamined at any regular meeting of the board upon payment of the regular fee.
Amended by Act 2019, No. 315,§ 1379, eff. 7/24/2019.
Acts 1965, No. 150, § 8; 1971, No. 546, § 1; 1979, No. 1020, § 3; 1985, No. 180, § 3; A.S.A. 1947, § 71-708; Acts 2001, No. 583, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 3 - LICENSING (§§ 17-25-301 — 17-25-317) › Section 17-25-307 - Expiration

(a)
All certificates of license or registration to engage in performing the services of a contractor as defined under §
17-25-101
in the State of Arkansas shall expire at 12:00 midnight on the day before the anniversary date of issuance unless otherwise designated by the Contractors Licensing Board, and all certificates of license or registration shall become invalid on that day unless renewed.
(b)
A registration may be renewed for a period of one (1) year, two (2) years, or three (3) years with the fee of one hundred dollars ($100) per year.
Amended by Act 2021, No. 330,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 805,§ 12, eff. 7/1/2020.
Acts 1965, No. 150, § 8; 1971, No. 546, § 1; 1979, No. 1020, § 3; 1985, No. 180, § 3; A.S.A. 1947, § 71-708.
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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 3 - LICENSING (§§ 17-25-301 — 17-25-317) › Section 17-25-308 - Grounds for revocation

(a)
The Contractors Licensing Board may revoke the certificate of license or registration of any contractor licensed or registered under this chapter who is found guilty of any fraud or deceit in obtaining a license or registration or for aiding or abetting any contractor or person to violate the provisions of this chapter or for gross negligence, incompetence, or misconduct in the conduct of the contractor's business.
(b)
The board may revoke the certificate of license of a contractor licensed under this chapter who fails to obtain or maintain workers' compensation coverage as required under the Workers' Compensation Law, §
11-9-101
et seq., and §
17-25-514
.
Amended by Act 2019, No. 805,§ 13, eff. 7/1/2020.
Acts 1965, No. 150, § 12; A.S.A. 1947, § 71-711; Acts 2009, No. 327, § 4.
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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 3 - LICENSING (§§ 17-25-301 — 17-25-317) › Section 17-25-310 - Replacement

A certificate of license or registration to replace any lost, destroyed, or mutilated certificate may be issued subject to the rules of the Contractors Licensing Board.
Amended by Act 2019, No. 805,§ 17, eff. 7/1/2020.
Amended by Act 2019, No. 315,§ 1380, eff. 7/24/2019.
Acts 1965, No. 150, § 12; A.S.A. 1947, § 71-711.
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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 3 - LICENSING (§§ 17-25-301 — 17-25-317) › Section 17-25-311 - Corporations and partnerships - Unlawful acts

(a)
A corporation or partnership may engage in the business of contracting when licensed by the Contractors Licensing Board.
(b)
It shall be unlawful and a violation of this chapter for any two (2) or more contractors, whether doing business as individuals, partnerships, corporations, or other organizations, to jointly submit a bid or enter into a contract for construction as a joint venture unless all parties to the joint venture are licensed pursuant to this chapter.
(c)
Any combination of contractors other than a joint venture shall obtain a license for the combination before submitting a bid.
Acts 1965, No. 150, § 17; 1985, No. 180, § 5; A.S.A. 1947, § 71-716.
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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 3 - LICENSING (§§ 17-25-301 — 17-25-317) › Section 17-25-312 - Review

Any party aggrieved by any decision of the Contractors Licensing Board shall have the right to seek review thereof pursuant to the provisions of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Acts 1965, No. 150, § 20; A.S.A. 1947, § 71-719.
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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 3 - LICENSING (§§ 17-25-301 — 17-25-317) › Section 17-25-313 - License requirements to accompany invitation to bid

All architects and engineers preparing plans and specifications for work to be contracted in the State of Arkansas shall include in their invitation to bidders and in their specifications a copy of this chapter or such portions thereof as are deemed necessary to convey to the invited bidder, whether he or she is a resident of this state or not, the information that it will be necessary for him or her to have a certificate of license with the proper classification from the Contractors Licensing Board before his or her bid is submitted.
Acts 1965, No. 150, § 19; A.S.A. 1947, § 71-718; Acts 1999, No. 43, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 3 - LICENSING (§§ 17-25-301 — 17-25-317) › Section 17-25-315 - Rules - Federally funded projects - Contractor qualifications

(a)
(1)
The Contractors Licensing Board shall have the power to promulgate rules for the efficient enforcement of this chapter and shall also have the power to assign the right or give permission to any state agency, board, or commission to determine qualifications of a contractor solely for the purpose of submitting a bid to the state agency, board, or commission on projects involving federal aid funds before the contractor's being licensed by the Contractors Licensing Board.
(2)
No state agency, board, or commission shall execute any construction contract involving federal aid funds unless and until the successful bidder for the project furnishes a certificate of license issued by the Contractors Licensing Board.
(b)
(1)
The Contractors Licensing Board shall have the power to provide by rule for any political subdivision or other political corporation to accept bids from unlicensed contractors for projects involving federal funds.
(2)
However, no contractor shall submit a bid under this section before submitting application for licensure, and no political subdivision or political corporation shall execute any construction contract unless and until the successful bidder for the project furnishes an appropriate license issued by the Contractors Licensing Board.
Amended by Act 2019, No. 315,§ 1382, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1381, eff. 7/24/2019.
Acts 1965, No. 150, § 11; 1985, No. 180, § 6; A.S.A. 1947, § 71-720.
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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 3 - LICENSING (§§ 17-25-301 — 17-25-317) › Section 17-25-316 - Workers' compensation coverage required

(a)
A contractor required to be licensed or registered by the Contractors Licensing Board shall obtain and maintain workers' compensation coverage as required under the Workers' Compensation Law, §
11-9-101
et seq.
(b)
The board shall require proof of current workers' compensation coverage before issuing or renewing a license or registration to a contractor required to have workers' compensation coverage under the Workers' Compensation Law, §
11-9-101
et seq.
(c)
(1)
If a contractor fails to maintain workers' compensation coverage or fails to maintain proof of current workers' compensation coverage on file with the board, the board may revoke or suspend the contractor's license or registration.
(2)
A contractor's license or registration that has been revoked or suspended due to failure to maintain workers' compensation coverage may be reinstated upon receipt by the board of proof that the contractor has secured workers' compensation coverage.
(d)
The board shall promulgate rules necessary to enforce this section.
Amended by Act 2019, No. 805,§ 18, eff. 7/1/2020.
Acts 2009, No. 327, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 3 - LICENSING (§§ 17-25-301 — 17-25-317) › Section 17-25-317 - Lifetime certificate of license as a contractor

(a)
(1)
Upon reaching the age of sixty-five (65), or any time thereafter, any individual who has received a certificate of license as a contractor from the Contractors Licensing Board for not less than twelve (12) years may apply for a lifetime certificate of license as a contractor.
(2)
The lifetime certificate of license as a contractor shall be issued upon satisfactory proof of age and upon payment of a one-time fee of sixty-five dollars ($65.00).
(3)
The annual renewal fee for a lifetime license shall be waived if all required information is provided on the renewal application.
(b)
An individual issued a lifetime certificate of license as a contractor shall maintain:
(1)
All bonds as required by law or rule of the board for any period in which any work as a contractor is performed for remunerative purposes, whether as an employee or an independent contractor; and
(2)
Workers' compensation coverage as required under the Workers' Compensation Law, §
11-9-101
et seq., and §
17-25-514
.
Added by Act 2023, No. 73,§ 1, eff. 8/1/2023.
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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 4 - CONTRACTORS' BONDS (§§ 17-25-401 — 17-25-409) › Section 17-25-401 - Definition

(a)
(1)
As used in this subchapter, "contractor" means a person, firm, joint venture, partnership, copartnership, association, corporation, or other organization engaged in the business of the construction, alteration, dismantling, demolition, or repairing of roads, bridges, viaducts, sewers, water and gas mains, streets, disposal plants, water filters, tanks, towers, airports, buildings, dams, levees, canals, railways and rail facilities, oil and gas wells, water wells, pipelines, refineries, industrial or processing plants, chemical plants, power plants, electric, telephone, or any other type of energy or message transmission lines or equipment, or any other kind of improvement or structure.
(2)
As used in this subchapter, "contractor" includes:
(A)
All original, prime, and general contractors; and
(B)
A contractor who is required to obtain a contractor's license or registration under the state licensing law of this state, §
17-25-101
et seq.
(b)
However, when a person or entity acts as a contractor in the construction, erection, alteration, or repair of his or her own or its own property or of a single-family residence, or if the cost of the work to be done, including, but not limited to, labor and materials, is less than fifty thousand dollars ($50,000), the person or entity shall not be deemed a contractor under this chapter.
Amended by Act 2019, No. 805,§ 19, eff. 7/1/2020.
Amended by Act 2017, No. 252,§ 3, eff. 8/1/2017.
Amended by Act 2015, No. 1048,§ 4, eff. 7/22/2015.
Acts 1987, No. 162, § 1; 1989, No. 487, § 1; 1991, No. 783, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 4 - CONTRACTORS' BONDS (§§ 17-25-401 — 17-25-409) › Section 17-25-402 - Expenses - Disposition of funds

(a)
All expenses incurred by the Contractors Licensing Board for the administration of this subchapter are authorized to be paid by the board.
(b)
(1)
All taxes, premiums, contributions, penalties, interest, and fines collected pursuant to this subchapter, except enforcement penalties, shall be distributed pro rata, based upon the amount of taxes, premiums, and contributions due to the Department of Finance and Administration, the Division of Workforce Services, the Workers' Compensation Commission, or any city, county, or school district, or any other state agency or other political subdivision of the state, first to the extent of any taxes, premiums, and contributions due with any remainder applied to interest, penalties, and fines, in that order.
(2)
All enforcement penalties assessed to a contractor pursuant to the provisions of this subchapter shall be paid directly to the board to defer the cost of enforcement.
(c)
The board may employ such additional professional and clerical employees as may be necessary and pay salaries thereto as authorized by law.
Amended by Act 2019, No. 910,§ 468, eff. 7/1/2019.
Acts 1989, No. 487, §§ 6, 9; 1991, No. 783, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 4 - CONTRACTORS' BONDS (§§ 17-25-401 — 17-25-409) › Section 17-25-403 - Liability of customer

(a)
(1)
In the event the contractor fails to honor its financial obligations to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision of the state, the customer for whom the work was being performed shall be responsible for all financial obligations of the contractor to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision of the state, on that customer's project, provided that the customer receives written notice of the contractor's failure to comply with this subchapter before final payment to the contractor.
(2)
The responsibility of the customer shall not exceed any amount owed to the contractor on or after the date the customer receives the written notice.
(3)
The written notice shall be sent by certified mail, return receipt requested, and must include the maximum amount of all financial obligations the contractor may potentially owe to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision of the state, arising from that customer's project.
(b)
(1)
As used in this section, "financial obligations" includes, but is not limited to, civil penalties imposed by the State of Arkansas or any city, county, school district, state agency, or other political subdivision of the state.
(2)
Civil penalties imposed pursuant to §
17-25-103(e)(1)(A)
and §
17-25-408
for violations of the provisions of this chapter arise from and are connected to the customer's project, and the provisions of this section apply thereto.
Acts 1987, No. 162, § 2; 1989, No. 487, § 2; 1991, No. 783, § 3; 1992 (1st Ex. Sess.), No. 37, § 1; 1999, No. 450, § 1; 2005, No. 187, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 4 - CONTRACTORS' BONDS (§§ 17-25-401 — 17-25-409) › Section 17-25-404 - Bond - Filing - Terms

(a)
(1)
Before commencing work or undertaking to perform any services or duties in the state, a contractor shall file with the Contractors Licensing Board as the depository agency a surety bond of a surety authorized to do business in this state or a cash bond.
(2)
The bond shall be a condition of licensure, and a contractor's license shall not be released until the bond has been properly filed.
(b)
The bond shall be:
(1)
In a penal sum of ten thousand dollars ($10,000);
(2)
Payable to the State of Arkansas; and
(3)
Conditioned on the contractor's complying with the tax laws of the State of Arkansas and, when applicable, the ordinances, rules, and regulations of any city, county, school district, state agency, or other political subdivision of the state, the Division of Workforce Services Law, §
11-10-101
et seq., the Workers' Compensation Law, §
11-9-101
et seq., and the provisions of this subchapter.
Amended by Act 2019, No. 910,§ 469, eff. 7/1/2019.
Acts 1987, No. 162, § 3; 1989, No. 487, § 3; 1991, No. 783, § 4; 1992 (1st Ex. Sess.), No. 37, § 2; 2005, No. 169, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 4 - CONTRACTORS' BONDS (§§ 17-25-401 — 17-25-409) › Section 17-25-406 - Notice of bond cancellation

(a)
(1)
Notice of bond cancellation shall be given to the Contractors Licensing Board in writing sixty (60) days before cancellation. The board shall notify the Department of Finance and Administration, the Division of Workforce Services, and the Workers' Compensation Commission of the notice of cancellation.
(2)
It shall be the responsibility of each governmental agency to make any claims against the bond in accordance with state law for collection of any taxes, premiums, contributions, penalties, interest, or fines within the statute of limitations of the appropriate state law.
(b)
A contractor's license that has become invalid due to bond cancellation may be reinstated upon receipt of a proper replacement bond.
Amended by Act 2019, No. 910,§ 470, eff. 7/1/2019.
Acts 1987, No. 162, § 4; 1989, No. 487, § 5; 1991, No. 783, § 6; 1992 (1st Ex. Sess.), No. 37, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 4 - CONTRACTORS' BONDS (§§ 17-25-401 — 17-25-409) › Section 17-25-408 - Failure to comply - Penalties - Enforcement

(a)
The fact that a contractor is performing or has performed work in Arkansas and compliance as required by this subchapter has not been met shall constitute prima facie evidence of failure to comply.
(b)
Upon notice to the contractor and a hearing thereon, if requested by the contractor or if deemed appropriate by the Contractors Licensing Board or any committee thereof, should it be determined that a violation exists, the board or committee may assess a penalty for noncompliance in a sum not to exceed five percent (5%) of the value of the contract performed, and upon a finding of a second or subsequent violation, the contractor may be assessed a penalty equal to ten percent (10%) of the value of the contract performed. Further, any contractor found in violation for a second or subsequent violation of this subchapter may lose its contractor's license for a period of one (1) year. The board or committee may also issue an order to cease and desist the work pending compliance.
(c)
Failure of a contractor to comply with the provisions of this subchapter shall be grounds for revocation of any license issued to the contractor by the board.
(d)
Enforcement of the bond filing requirements contained herein shall be the responsibility of the board.
(e)
The board shall have the power to make such rules for enforcement as it may consider appropriate and not in conflict with Arkansas law.
Amended by Act 2019, No. 315,§ 1383, eff. 7/24/2019.
Acts 1987, No. 162, § 5; 1989, No. 487, §§ 6, 7; 1991, No. 783, § 8; 1992 (1st Ex. Sess.), No. 37, § 4.
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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 4 - CONTRACTORS' BONDS (§§ 17-25-401 — 17-25-409) › Section 17-25-409 - Proceedings upon violation

(a)
Regarding any violation of this subchapter, the Contractors Licensing Board shall have the power to issue subpoenas and bring before the board as a witness any person in the state and may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence.
(b)
No proceedings under this section may be commenced by the board after three (3) years from the date on which the act or omission which is the basis for the proceeding occurred.
(c)
The board shall have the power to file suit in the Pulaski County Circuit Court to enforce any cease and desist order not complied with within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order. If the circuit court finds the order to have been properly issued, it may enforce it by any means by which injunctions are ordinarily enforced. However, nothing shall be construed herein to diminish the contractor's right to appeal.
(d)
All hearings and appeals therefrom under this section shall be pursuant to the provisions of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Acts 1989, No. 487, § 7; 1991, No. 783, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 5 - RESIDENTIAL BUILDING CONTRACTORS COMMITTEE (§§ 17-25-501 — 17-25-515) › Section 17-25-501 - Purpose

It is the intent of this subchapter to protect homeowners and the purchasers of homes constructed in this state by establishing reasonable and adequate licensing and regulation of homebuilders and home improvement contractors. It is intended that this subchapter apply to everyone not specifically excluded. It is also the intent of this subchapter that the Residential Contractors Committee be located with the Contractors Licensing Board and that the staff and appropriation for the board be utilized to implement this subchapter.
Acts 1999, No. 950, § 1; 2011, No. 1208, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 5 - RESIDENTIAL BUILDING CONTRACTORS COMMITTEE (§§ 17-25-501 — 17-25-515) › Section 17-25-502 - Definitions

As used in this subchapter:
(1)
"Home improvement contractor" means any person, firm, partnership, copartnership, association, corporation, or other organization or any combination that attempts to or submits a bid or contracts, undertakes, or assumes charge in a supervisory capacity or otherwise manages the reconstruction, alteration, renovation, repair, modification, improvement, removal, demolition, or addition to any preexisting single family residence or the property and structures appurtenant thereto;
(2)
"Residential building contractor" means any person, firm, partnership, copartnership, association, corporation, or other organization or any combination, which for a fixed price, commission, fee, or wage, attempts to or submits a bid to construct or contract or undertakes to construct or assumes charge in a supervisory capacity or otherwise manages the construction of a single family residence or the property and structures appurtenant thereto; and
(3)
"Single family residence" means any project consisting of at least one (1) but not more than four (4) units of new construction for residential occupancy.
Amended by Act 2019, No. 386,§ 14, eff. 7/24/2019.
Amended by Act 2019, No. 386,§ 13, eff. 7/24/2019.
Amended by Act 2017, No. 252,§ 4, eff. 8/1/2017.
Acts 1999, No. 950, § 1; 2011, No. 1208, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 5 - RESIDENTIAL BUILDING CONTRACTORS COMMITTEE (§§ 17-25-501 — 17-25-515) › Section 17-25-503 - Committee established - Members - Expenses - Administrative support

(a)
(1)
There is created the Residential Contractors Committee, to consist of seven (7) members.
(2)
(A)
(i)
The Governor shall appoint five (5) persons, each of whom has at least five (5) years' experience in residential construction.
(ii)
The Governor shall consult the statewide trade organization or organizations that represent the residential construction industry before making an appointment under this section.
(iii)
Of the five (5) residential construction members, one (1) member shall be appointed from each of the four (4) congressional districts, and the remaining member shall be appointed from the state at large.
(iv)
The appointments made under this subdivision (a)(2)(A) shall be subject to confirmation by the Senate.
(B)
(i)
Two (2) members of the committee shall not be actively engaged in or retired from the profession of residential contracting.
(ii)
One (1) shall represent consumers, and the other shall be at least sixty (60) years of age.
(iii)
Both shall be appointed by the Governor from the state at large, subject to confirmation by the Senate.
(iv)
These two (2) positions may not be held by the same person.
(v)
Members appointed to these two (2) positions shall be full voting members but shall not participate in the grading of examinations.
(C)
The members shall serve three-year terms. No member may serve more than three (3) three-year terms.
(3)
(A)
The committee shall elect a chair, vice chair, and secretary, each to serve in his or her respective capacity for one (1) year.
(B)
Officers shall be elected by the committee annually.
(4)
Three (3) voting members shall constitute a quorum.
(b)
Committee members shall receive the same expense reimbursement and stipend as provided to the Contractors Licensing Board under the procedures prescribed by §
25-16-901
et seq. Expenses and stipends shall be paid by the board.
(c)
The Governor shall make appointments to fill vacancies in the same manner as appointments were made under subsection (a) of this section. Persons appointed to fill vacancies shall serve the unexpired term of office and shall possess the same qualifications as if they were being appointed to a full term on the committee.
(d)
The board shall provide staff and administrative support for the committee.
Amended by Act 2015, No. 1100,§ 23, eff. 7/22/2015.
Acts 1999, No. 950, § 1; 2003, No. 203, § 1; 2005, No. 1962, § 73; 2007, No. 84, § 1; 2011, No. 1208, § 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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 5 - RESIDENTIAL BUILDING CONTRACTORS COMMITTEE (§§ 17-25-501 — 17-25-515) › Section 17-25-504 - Authority

The Residential Contractors Committee may:
(1)
Issue, modify, suspend, and revoke licenses issued by the committee;
(2)
Establish qualifications for licenses issued by the committee;
(3)
Enforce this subchapter and the committee's rules;
(4)
Issue rules necessary for the implementation of this subchapter;
(5)
Levy civil penalties under this subchapter;
(6)
Issue orders of abatement in the same manner and to the same extent as authorized for the Contractors Licensing Board under §
17-25-103
; and
(7)
Seek any other civil remedies which are available to the board.
Acts 1999, No. 950, § 1; 2011, No. 1208, § 4.
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 25 - CONTRACTORS (§§ 17-25-101 — 17-25-611) › Subchapter 5 - RESIDENTIAL BUILDING CONTRACTORS COMMITTEE (§§ 17-25-501 — 17-25-515) › Section 17-25-505 - License from committee required

(a)
A person shall not act as a residential building contractor after July 1, 2001, unless licensed by the Residential Contractors Committee or exempted from licensure under this subchapter.
(b)
A person shall not act as a home improvement contractor after January 1, 2012, unless:
(1)
Licensed by the committee; or
(2)
Exempt from licensure under this subchapter.
(c)
Any person, firm, partnership, copartnership, association, corporation, limited liability company, or other organization that fails to procure a license as required under this subchapter shall be deemed guilty of a Class A misdemeanor with each day in violation of the requirement to constitute a separate offense.
Amended by Act 2019, No. 805,§ 20, eff. 7/1/2020.
Acts 1999, No. 950, § 1; 2011, No. 1208, § 5.