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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 2 - STATE BOARD OF REGISTRATION FOR PROFESSIONAL GEOLOGISTS (§§ 17-32-201 — 17-32-208) › Section 17-32-204 - Powers and duties generally

In addition to other powers and duties specified in this chapter, the State Board of Registration for Professional Geologists shall:
(1)
Adopt, after notice and public hearing, modify, repeal, promulgate, and enforce rules reasonably necessary to:
(A)
Implement or effectuate its powers and duties;
(B)
Regulate proceedings before the board; and
(C)
Define terms in this chapter that are otherwise undefined, including, but not limited to, the professional services, works, and activities that constitute the public practice of geology as defined in §
17-32-102
;
(2)
Be subject to the Arkansas Administrative Procedure Act, §
25-15-201
et seq.;
(3)
Adopt and have an official seal; and
(4)
Have such other powers and duties as are necessary to implement this chapter.
Amended by Act 2019, No. 315,§ 1406, eff. 7/24/2019.
Acts 1987, No. 470, § 5; 1987, No. 701, § 5; 2005, No. 676, § 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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 2 - STATE BOARD OF REGISTRATION FOR PROFESSIONAL GEOLOGISTS (§§ 17-32-201 — 17-32-208) › Section 17-32-205 - Code of professional conduct

(a)
(1)
The State Board of Registration for Professional Geologists shall cause to have prepared and shall adopt a code of professional conduct which shall be made known in writing to every registrant and applicant for registration under this chapter and which shall be published in the roster provided for in this chapter.
(2)
This publication shall constitute due notice to all registrants.
(b)
(1)
The board may revise and amend this code of ethics from time to time.
(2)
The board shall immediately notify each registrant in writing of any revisions or amendments.
Acts 1987, No. 470, § 9; 1987, No. 701, § 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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 2 - STATE BOARD OF REGISTRATION FOR PROFESSIONAL GEOLOGISTS (§§ 17-32-201 — 17-32-208) › Section 17-32-206 - Witnesses and documents - Subpoenas

(a)
In carrying into effect this chapter, the State Board of Registration for Professional Geologists or its hearing examiner may compel the attendance of witnesses and the production of such books, records, and papers as may be required. For this purpose, the board or the hearing examiner, at the request of any party or on its own initiative, may issue a subpoena for any witness or a subpoena to compel the production of any books, records, or papers.
(b)
Subpoenas shall be issued and enforced in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Acts 1987, No. 470, § 22; 1987, No. 701, § 23.
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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 2 - STATE BOARD OF REGISTRATION FOR PROFESSIONAL GEOLOGISTS (§§ 17-32-201 — 17-32-208) › Section 17-32-207 - Official records and registers - Publication and accounting

(a)
(1)
The State Board of Registration for Professional Geologists shall keep a public record of its proceedings and a register of all applications for registration.
(2)
The register shall show:
(A)
The name, age, and residence of each applicant;
(B)
The date of application;
(C)
The place of business of the applicant;
(D)
The applicant's education and other qualifications;
(E)
Whether or not an examination was required;
(F)
Whether the applicant was registered;
(G)
Whether a certificate of registration was granted;
(H)
The dates of the action by the board; and
(I)
Such other information as may be deemed necessary by the board.
(b)
All official records of the board, or affidavits by the Director of the State Board of Registration for Professional Geologists as to the content of such records, shall be prima facie evidence of all matters required to be kept therein.
(c)
(1)
A complete roster showing the names, the classification, which will be geologist, specialty, or geologist-in-training, and the last known address of the registered geologists or certified geologists-in-training shall be published by the director one (1) time each year or at such intervals as established by board rules.
(2)
Copies of the roster shall be placed on file with the Secretary of State and county officials.
(3)
Copies may be sent to cities requesting the information and may be distributed or sold to the public.
(d)
At the end of the fiscal year, the board shall submit to the Secretary of the Department of Labor and Licensing and the General Assembly a complete statement of the receipts and expenditures of the board.
(e)
The board records shall be subject to audit by Arkansas Legislative Audit.
Amended by Act 2019, No. 315,§ 1407, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5429, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5428, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5427, eff. 7/1/2019.
Acts 1987, No. 470, § 8; 1987, No. 701, § 8; 2005, No. 676, § 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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 2 - STATE BOARD OF REGISTRATION FOR PROFESSIONAL GEOLOGISTS (§§ 17-32-201 — 17-32-208) › Section 17-32-208 - Director of the State Board of Registration for Professional Geologists - Indebtedness

(a)
(1)
The Director of the State Board of Registration for Professional Geologists shall receive and account for all moneys received in accordance with state law and the rules of the State Board of Registration for Professional Geologists.
(2)
These moneys shall be deposited into a financial institution located in this state and shall be disbursed only by the director.
(b)
The director shall receive such salary as the board in consultation with the Secretary of the Department of Labor and Licensing determines within the limits set forth by the General Assembly.
(c)
The Department of Labor and Licensing shall employ assistants required to properly perform the board's work and shall make expenditures from this account for any purpose that, in the opinion of the board, is reasonably necessary to perform its duties under law and its rules.
(d)
The board shall have no authority to incur indebtedness.
Amended by Act 2019, No. 315,§ 1409, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1408, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5430, eff. 7/1/2019.
Acts 1987, No. 470, § 6; 1987, No. 701, § 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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 3 - REGISTRATION (§§ 17-32-301 — 17-32-314) › Section 17-32-301 - Unlawful actions

(a)
It shall be unlawful for any person to publicly practice or offer to publicly practice geology in this state or to use in connection with his or her name, or otherwise assume, or advertise, any title or description tending to convey the impression that he or she is a registered geologist unless the person has been registered or exempted under this chapter.
(b)
The right to engage in the practice of geology shall be deemed a personal right, based on the qualifications of the individual as evidenced by his or her certificate of registration, and shall not be transferable.
(c)
It shall be unlawful for any person other than a registered geologist, a registered certified specialty geologist, or a subordinate under the direction of one (1) of the above to prepare any geologic plans, reports, or documents in which the performance is related to the public welfare or safeguarding of life, health, property, or the environment.
(d)
It shall be unlawful for anyone other than a geologist registered under this chapter to stamp or seal any plans, plats, reports, or other documents with the seal or stamp of a registered geologist or registered certified specialty geologist or to use in any manner the title "registered geologist" or the title "registered certified specialty geologist" unless registered and certified under this chapter.
(e)
It shall be unlawful for any person to affix his or her signature or to stamp or seal any plans, plats, reports, or other documents after the certification of the registrant named thereon has expired or has been suspended or revoked unless the certificate has been renewed or reissued.
Acts 1987, No. 470, §§ 10, 26; 1987, No. 701, §§ 10, 27.
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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 3 - REGISTRATION (§§ 17-32-301 — 17-32-314) › Section 17-32-303 - Application - Recommendations

(a)
(1)
An application for registration as a geologist, for a geologist-in-training certificate, or for certification in a specialty shall be made under oath and shall show the applicant's education and a detailed summary of his or her geologic work.
(2)
The application shall be accompanied by the application fee prescribed by §
17-32-307
.
(3)
After examination of any dissertation, thesis, technical report, study, or other similar material required of any applicant for registration as a geologist or certification in a specialty, the State Board of Registration for Professional Geologists may return it to the applicant.
(b)
(1)
The board shall require the applicant to provide the board with the names and addresses of three (3) qualified geologists who can attest to the experience and qualifications of the applicant and the names and addresses of two (2) people who can attest to the personal character and ethical practices of the applicant.
(2)
The application shall not be processed until all required information is received.
Acts 1987, No. 470, § 11; 1987, No. 701, § 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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 3 - REGISTRATION (§§ 17-32-301 — 17-32-314) › Section 17-32-305 - Examinations

(a)
Examinations shall be held at least annually.
(b)
The State Board of Registration for Professional Geologists shall determine the scope, form, and content of the examinations.
Acts 1987, No. 470, § 13; 1987, No. 701, § 14.
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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 3 - REGISTRATION (§§ 17-32-301 — 17-32-314) › Section 17-32-306 - Registration without examination

A person holding a certificate of registration to engage in the practice of geology on the basis of comparable licensing requirements issued to him or her by a proper authority of a state, territory, or possession of the United States or the District of Columbia and who, in the opinion of the State Board of Registration for Professional Geologists, otherwise meets the requirements of this chapter may be registered upon application without further examination.
Acts 1987, No. 470, § 14; 1987, No. 701, § 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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 3 - REGISTRATION (§§ 17-32-301 — 17-32-314) › Section 17-32-307 - Fees - Renewal - Date of filing

(a)
The schedule of fees is as follows:
(1)
Application for registered geologist, twenty dollars ($20.00);
(2)
Initial or comity registration, sixty dollars ($60.00);
(3)
Geologist-in-training certificate, ten dollars ($10.00);
(4)
Geologist-in-training certificate renewal fee, twenty dollars ($20.00);
(5)
Geologist registration renewal fee, a maximum of sixty dollars ($60.00) per year to be set by the State Board of Registration for Professional Geologists; and
(6)
Temporary work permit fee, a maximum of six hundred dollars ($600) per occurrence to be set by the board.
(b)
The registration shall expire on a date to be set by rule by the board.
(c)
Late renewal applications submitted during a six-month penalty period following expiration must be accompanied by a fee equal to the renewal fee plus a fifty percent (50%) penalty fee.
(d)
(1)
Registrations not renewed before the end of the six-month penalty period shall not be subject to renewal.
(2)
Any consideration for registration reinstatement after the six-month penalty period shall be at the discretion of the board and requires submission of a reinstatement application with the required reinstatement fee of two (2) times the renewal fee.
(e)
The date of the filing fee when transmitted through the mail shall be that date shown by the post office cancellation mark appearing on the envelope containing the fee.
Acts 1987, No. 470, § 15; 1987, No. 701, § 16; 1991, No. 1176, § 2; 2005, No. 676, § 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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 3 - REGISTRATION (§§ 17-32-301 — 17-32-314) › Section 17-32-308 - Issuance of certificates of registration

(a)
(1)
Upon payment of the registration fee, the State Board of Registration for Professional Geologists shall issue a certificate of registration to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter.
(2)
Certificates of registration shall show the full name of the registrant, shall give a serial number, and shall be under seal of the board.
(b)
The issuance of a certificate of registration by the board shall be prima facie evidence that the person named in the certificate is entitled to all the rights and privileges of a registered geologist while the certificate remains unrevoked or unexpired.
(c)
(1)
All applications for renewal shall be filed with the Secretary-treasurer of the State Board of Registration for Professional Geologists before the expiration date, accompanied by the renewal fee.
(2)
A license which has expired for failure to renew may only be restored after application and payment of the prescribed restoration fee.
(d)
A new certificate of registration to replace any lost, destroyed, or mutilated certificate may be issued subject to the rules of the board and payment of a fee set by the board.
Acts 1987, No. 470, § 16; 1987, No. 701, § 17.
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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 3 - REGISTRATION (§§ 17-32-301 — 17-32-314) › Section 17-32-309 - Certification in specialty

(a)
In addition to registering as a geologist, qualified persons may also be eligible for certification in a specialty. Specialties may be designated by the State Board of Registration for Professional Geologists by rule, with the rules to contain any required additional qualifications. Only a registered geologist is eligible for certification in a specialty. Application may be submitted for both registration as a geologist and certification in a specialty at the same time, but the applicant must be approved for registration as a geologist before being considered for certification in a specialty. The certification in a specialty is dependent, in every case, upon the approval of registration as a geologist.
(b)
An applicant for certification in a specialty shall meet all of the requirements of a registered geologist and such other requirements as the board may establish by rule. In addition, his or her seven (7) years of professional geological work shall include one (1) of the following:
(1)
A minimum of three (3) years performed under the supervision of a registered geologist who is certified in the specialty for which the applicant is seeking certification; or
(2)
A minimum of five (5) years of experience in responsible charge of geological work in the specialty for which the applicant is seeking certification.
Amended by Act 2019, No. 315,§ 1411, eff. 7/24/2019.
Acts 1987, No. 470, § 19; 1987, No. 701, § 20.
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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 3 - REGISTRATION (§§ 17-32-301 — 17-32-314) › Section 17-32-310 - Seal authorized - Authentication of documents

(a)
Each registrant under this chapter, upon issuance of a certificate of registration, may purchase from a source approved by the State Board of Registration for Professional Geologists a seal of such design as is authorized by the board, bearing the registrant's name, the name of this state, and the legend "Registered Professional Geologist" or "Certified (sub-specialty) Geologist".
(b)
All drawings, reports, or other geologic papers or documents involving the practice of geology which shall have been prepared or approved by a registered geologist, or a subordinate employee under his or her direction, for the use of or for delivery to any person, or for public record within this state, shall be signed by him or her and impressed with the seal provided for in this section or with the seal of a nonresident practicing under this chapter, either of which shall indicate his or her responsibility for them.
Acts 1987, No. 470, § 20; 1987, No. 701, § 21.
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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 3 - REGISTRATION (§§ 17-32-301 — 17-32-314) › Section 17-32-311 - Denial, etc., of registration certificate - Grounds - Procedure

(a)
The State Board of Registration for Professional Geologists shall have the power to deny, suspend, revoke, or refuse to renew the certificate of registration of any registrant who is found to have been involved in:
(1)
The practice of any fraud or deceit in obtaining a certificate of registration;
(2)
Any gross negligence, incompetence, or misconduct in the practice of geology as a professional geologist;
(3)
Any felony listed under §
17-3-102
;
(4)
Providing false testimony or information to the board;
(5)
Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public;
(6)
Signing, affixing the professional geologist's seal, or permitting the professional geologist's seal or signature to be affixed to any specifications, reports, drawings, plans, design information, construction documents, calculations, or revisions that have not been prepared or completely checked by the professional geologist or prepared under the professional geologist's direct supervision or control;
(7)
Failing to comply with this chapter or any of the rules pertaining to this chapter; or
(8)
Aiding or assisting another person in violating any provision of this chapter or the rules pertaining to this chapter.
(b)
Any action by the board in this regard shall be after a hearing held in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq. Any administrative or judicial review of the action shall likewise be in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Amended by Act 2019, No. 315,§ 1412, eff. 7/24/2019.
Amended by Act 2019, No. 990,§ 39, eff. 7/24/2019.
Acts 1987, No. 470, § 17; 1987, No. 701, § 18; 2005, No. 676, § 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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 3 - REGISTRATION (§§ 17-32-301 — 17-32-314) › Section 17-32-312 - Disciplinary action - Procedures

(a)
Any person may prefer charges of fraud, deceit, gross negligence, incompetence, or misconduct against any registrant or nonregistrant. The charges shall be:
(1)
In writing;
(2)
Sworn to by the person or persons making them; and
(3)
Filed with the Secretary-treasurer of the State Board of Registration for Professional Geologists.
(b)
Unless dismissed by the State Board of Registration for Professional Geologists as unfounded or trivial or settled informally, all charges shall be heard by the board within six (6) months after the date on which the charges were filed.
(c)
(1)
The time and place for the hearings shall be fixed by the board, and a copy of the charges, together with a notice of the time and place of the hearing, shall be personally served or mailed to the last known address of the accused individual holding a certificate of authorization at least twenty (20) days before the date fixed for the hearing.
(2)
At any hearing, the accused individual shall have the right to appear in person or by counsel, or both, to cross-examine witnesses, and to produce evidence and witnesses in his or her defense.
(3)
If the accused individual fails or refuses to appear, the board may proceed to hear and determine the validity of the charges.
(d)
If after the hearing a majority of the board votes in favor of sustaining the charges, the board may:
(1)
Reprimand the individual;
(2)
Refuse to issue, restore, or renew a registrant's certificate of registration;
(3)
Place a registrant on probation for a period of time; or
(4)
Suspend or revoke a registrant's certificate of registration subject to conditions as the board may specify.
(e)
A registrant or a nonregistrant aggrieved by any action of the board in levying a fine or denying, suspending, or revoking his or her certificate of registration or refusing to issue, restore, or renew his or her certificate of registration may seek administrative or judicial review in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(f)
(1)
In addition to or in lieu of any action under subsection (d) of this section, a civil penalty under §
17-32-103
may be assessed in a proceeding conducted under this section.
(2)
Unless the amount of the penalty is paid within fifty (50) days after the order becomes final, the order shall constitute a judgment and shall be filed and an execution issued in the manner as any other judgment of a court of record.
(g)
Upon petition of a registrant, the board may reissue a certificate of registration upon the approval of a majority of the members of the board in favor of the reissuance.
Acts 1987, No. 470, § 23; 1987, No. 701, § 24; 2005, No. 676, § 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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 3 - REGISTRATION (§§ 17-32-301 — 17-32-314) › Section 17-32-313 - Reissuance of registration

By majority vote of a quorum, the State Board of Registration for Professional Geologists may reissue a certificate of registration to any person whose certificate has been revoked, upon written application to the board by the applicant showing good cause to justify reissuance.
Acts 1987, No. 470, § 18; 1987, No. 701, § 19.
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 32 - GEOLOGISTS (§§ 17-32-101 — 17-32-314) › Subchapter 3 - REGISTRATION (§§ 17-32-301 — 17-32-314) › Section 17-32-314 - Filing and service

All appeals from a decision of the State Board of Registration for Professional Geologists, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board shall be filed with or served upon the Secretary-treasurer of the State Board of Registration for Professional Geologists at his or her office.
Acts 1987, No. 470, § 7; 1987, No. 701, § 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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-33-101 — 17-33-106) › Section 17-33-102 - Exemptions

(a)
This chapter shall not apply to:
(1)
Household appliances;
(2)
American Gas Association-approved unvented space heaters;
(3)
Factory assembled air-cooled, self-contained refrigeration equipment of one and one-half horsepower (1.5 h.p.) or less and which have no refrigerant lines extending beyond the cabinet enclosure;
(4)
Factory assembled air-cooled, self-contained, window-type air conditioning units of thirty-six thousand (36,000) BTUH or less not connected to ducts;
(5)
Window, attic, ceiling, and wall fans in residences; or
(6)
Poultry operations whether engaged in hatching, primary processing, or further processing of chicken, turkey, or other fowl.
(b)
This chapter shall not apply to a person who:
(1)
Performs HVACR work in an existing building or structure owned and occupied by him or her as his or her home;
(2)
Performs HVACR work in an existing building or structure owned or occupied by him or her on his or her farm;
(3)
Performs work for public utilities on construction, maintenance, and development work that is incidental to his or her business;
(4)
Performs work on motor vehicles;
(5)
Is an architect or registered engineer who designs HVACR systems for design criteria only;
(6)
Is an employee of a hospital and performs HVACR work that is incidental to the hospital's operation;
(7)
Installs or does maintenance work on a gas-fired floor furnace, wall furnace, or unit heater, if the person is licensed pursuant to §
17-38-301
et seq. and the work is performed within the limitations of the person's license; or
(8)
Is a pipefitter, welder, well driller, sheet metal worker, or plumber working under a Class A, Class B, Class D, or Class E licensee and who is enrolled in or has satisfactorily completed an apprenticeship training program approved by the State of Arkansas in his or her respective trade, and whose work is performed within the limitations of the person's license.
(c)
The provisions of this chapter shall not apply to a person or public entity serving or repairing its own HVACR system by its own personnel specifically trained for such service or repair.
(d)
Any person exempt under this section is required to conform to rules on the performance of HVACR work as well as obtaining local permits and inspections as may be required by local ordinance.
Amended by Act 2019, No. 315,§ 1413, eff. 7/24/2019.
Acts 1991, No. 277, § 6; 1997, No. 344, § 1; 1999, No. 465, § 2; 2003, 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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-33-101 — 17-33-106) › Section 17-33-103 - HVACR gas fitting and electrical work

(a)
Any individual licensed or registered to perform HVACR work may perform HVACR gas fitting work without obtaining any other license to perform the work. HVACR gas fitting work shall be performed in accordance with the appropriate standards for gas fitting work.
(b)
Any individual licensed or registered to perform HVACR work may perform electrical connections to heating and air conditioning units without obtaining any other license to perform the work, so long as the connection is made to a disconnecting means suitable in capacity for the equipment to be served and is provided by others within ten feet (10') of the unit.
(c)
Nothing in this chapter shall be construed as allowing an HVACR licensee to perform electrical work without complying with any applicable local code, city code, state code, or national code pertaining to electrical work.
Acts 1991, No. 277, §§ 13, 21; 1995, No. 442, § 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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-33-101 — 17-33-106) › Section 17-33-104 - Local permits and licensing

Any individual who is licensed or registered under this chapter shall not be required to obtain a license from any city or county to perform HVACR work. However, the work performed shall be subject to local permits and inspections if required.
Acts 1991, No. 277, § 14.
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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-33-101 — 17-33-106) › Section 17-33-105 - Penalties - No enforcement of liens

(a)
(1)
(A)
(i)
Any person who violates any provision of this chapter or violates any rule or order of the HVACR Licensing Board or any permit, license, or certification may be assessed a civil penalty by the board in accordance with the rules issued by the board.
(ii)
The penalty shall not exceed two hundred fifty dollars ($250) for each violation, and each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.
(B)
However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation.
(2)
The amount of any civil penalty levied by the board may be recovered in a civil action brought by the board in a court of competent jurisdiction without paying costs or giving bond for costs.
(b)
In addition to the civil penalty provided in this section, the board is authorized to petition any court of competent jurisdiction without paying costs or giving bond for costs to:
(1)
Enjoin or restrain any violation of or compel compliance with the provisions of this chapter and any rules or orders issued thereunder;
(2)
Affirmatively order that remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this chapter; and
(3)
Recover all costs, expenses, and damages to the board and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter.
(c)
If an unlicensed person who is required to be licensed performs HVACR work in violation of this subchapter, that person shall not be entitled to a mechanic's and materialman's lien, a laborer's lien, a repairmen's lien, or any other artisan's lien for work done in violation of this subchapter.
Amended by Act 2019, No. 315,§ 1415, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1414, eff. 7/24/2019.
Acts 1991, No. 277, § 18; 1999, No. 465, § 3; 2001, No. 1563, § 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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-33-101 — 17-33-106) › Section 17-33-106 - Exemptions for licenses

Persons licensed by the Liquefied Petroleum Gas Board pursuant to the Liquefied Petroleum Gas Board Act, §
15-75-101
et seq., are exempt from the provisions of this chapter pertaining to heating, ventilation, air conditioning, and refrigeration when:
(1)
Engaged in the installation, repair, or replacement of a liquefied petroleum gas appliance so long as the appliance is not connected to a refrigeration system, except that such persons may also engage in the replacement or repair of a liquefied petroleum gas central heating unit when it is combined with an air conditioning unit; and
(2)
Engaged in the installation of a venting system required for a vented-type liquefied petroleum gas appliance.
Acts 1993, No. 112, § 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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 2 - HVACR LICENSING BOARD (§§ 17-33-201 — 17-33-205) › Section 17-33-201 - Creation - Members

(a)
There is hereby created the HVACR Licensing Board to be composed of nine (9) members appointed by the Governor and confirmed by the Senate. The board shall be composed of the following members who shall be residents of the State of Arkansas:
(1)
The secretary of the board shall be a representative of the Department of Labor and Licensing;
(2)
Two (2) members of the board shall be Class A license holders whose business is located in the State of Arkansas;
(3)
Two (2) members of the board shall be Class B license holders whose business is located in the State of Arkansas;
(4)
One (1) member of the board shall be a mechanical engineer registered in the State of Arkansas who is directly associated with HVACR design;
(5)
One (1) member of the board shall be a representative of a city or county HVACR inspection program;
(6)
One (1) member of the board shall be a consumer with no personal or financial interest in the HVACR industry; and
(7)
One (1) member of the board shall be a member of the Mechanical Contractors Association of Arkansas, Inc., who holds a current state contractor's license.
(b)
A member shall serve until he or she is replaced by a successor.
(c)
No member shall serve more than two (2) successive terms on the board, or until he or she ceases to be qualified as required by this chapter.
(d)
The secretary of the board, who shall be an employee of the Department of Labor and Licensing, shall serve at the pleasure of the Governor, and all other members shall serve four-year terms.
(e)
Members of the board may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq.
Amended by Act 2019, No. 910,§ 5432, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5431, eff. 7/1/2019.
Acts 1991, No. 277, § 2; 1997, No. 250, § 141.
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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 2 - HVACR LICENSING BOARD (§§ 17-33-201 — 17-33-205) › Section 17-33-202 - Powers and duties

The HVACR Licensing Board may:
(1)
Adopt certain rules to ensure the proper administration and enforcement of this chapter;
(2)
(A)
Except as provided in subdivision (2)(B) of this section, adopt a mechanical code and standards for the conduct of HVACR work.
(B)
A mechanical code or standard adopted under subdivision (2)(A) of this section shall not prohibit or limit the use of a refrigerant designated as acceptable for use in accordance with
42 U.S.C. § 7671k
, as it existed on January 1, 2023, if the equipment containing the refrigerant is listed and installed in accordance with the safety standards and use conditions established in accordance with
40 C.F.R. §§ 82.170
-
82.184
, as they existed on January 1, 2023;
(3)
Assist and advise the Department of Labor and Licensing on all matters related to the licensing of HVACR maintenance work;
(4)
Conduct hearings on all matters related to the licensing and inspection of HVACR work;
(5)
Establish HVACR code inspection programs;
(6)
Conduct investigations into the qualifications of applicants for licensure at the request of the department;
(7)
Review applications for examination for a Class A, Class B, Class C, Class D, Class E, and Class L license;
(8)
Establish by board rule a minimum level of general liability insurance coverage for a license if the board determines that a specific class of license requires insurance coverage;
(9)
Establish by board rule a maximum of four (4) hours per year of continuing education if the board determines that a specific class of license requires continuing education;
(10)
Assist and advise the department in other such matters as requested by the department; and
(11)
Establish fees for the proper administration of the requirements of this chapter.
Amended by Act 2023, No. 443,§ 2, eff. 8/1/2023.
Amended by Act 2021, No. 978,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 1417, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1416, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5433, eff. 7/1/2019.
Acts 1991, No. 277, § 3; 1999, No. 465, § 4; 2003, No. 1712, § 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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 2 - HVACR LICENSING BOARD (§§ 17-33-201 — 17-33-205) › Section 17-33-203 - Administrative procedures

For the purpose of this chapter, all hearings conducted by the HVACR Licensing Board and all appeals taken from the decisions of the board shall be pursuant to the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Acts 1991, No. 277, § 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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 2 - HVACR LICENSING BOARD (§§ 17-33-201 — 17-33-205) › Section 17-33-204 - Fees

(a)
(1)
The HVACR Licensing Board shall adopt a fee schedule by rule and regulation. The fee schedule may include, but is not limited to:
(A)
Testing fees;
(B)
License fees;
(C)
Civil penalty fees;
(D)
Registration fees;
(E)
Inspection fees;
(F)
Fees for code books;
(G)
Late renewal fees; and
(H)
Late penalty fees.
(2)
The board may provide for a reduction in the fees of a person or partnership who holds one (1) or more licenses determined by the board to be HVACR-related and for which the board determines a reduction in fees should be allowed.
(b)
Until a fee schedule is established by the board, the licensure and registration fees shall be as follows:
Class A License ............... $200.00
Class B License ............... 150.00
Class C License ............... 100.00
Class D License ............... 150.00
Class E License ............... 150.00
Class L License ............... No Charge
Registration Fee ............... 25.00.
(c)
The fees established by the board for licensure and registration shall not exceed the amounts provided for in subsection (b) of this section.
Acts 1991, No. 277, § 11; 1999, No. 465, § 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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 2 - HVACR LICENSING BOARD (§§ 17-33-201 — 17-33-205) › Section 17-33-205 - Disposition

(a)
(1)
All fees or payments of any type collected by the HVACR Licensing Board under this chapter shall be deposited into the State Treasury as special revenues, and the Treasurer of State shall credit those fees or payments to the "HVACR Licensing Fund" which is hereby created.
(2)
(A)
All funds deposited into the HVACR Licensing Fund shall be used for the maintenance, operation, and improvement of the HVACR Licensing and Inspection Program of the Department of Labor and Licensing.
(B)
The Chief Fiscal Officer of the State is hereby authorized, from time to time, to make transfers of moneys from the Budget Stabilization Trust Fund as loans to the HVACR Licensing Fund to be used for maintenance and operation of the program. Provided, that any such moneys loaned from the Budget Stabilization Trust Fund to the HVACR Licensing Fund shall be repaid from fees derived from the program on or before the last day of the fiscal year in which the loan of the funds is made.
(3)
Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Labor and Licensing is hereby authorized to transfer all unexpended funds relative to the program that pertain to fees collected, 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.
(b)
Any moneys received from the sale or trade of motor vehicles and other capital equipment purchased with HVACR licensing funds shall be credited to the HVACR Licensing Fund.
Amended by Act 2019, No. 315,§ 1418, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5435, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5434, eff. 7/1/2019.
Acts 1991, No. 277, §§ 19, 20.
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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 3 - LICENSING GENERALLY (§§ 17-33-301 — 17-33-308) › Section 17-33-301 - License required

(a)
It is unlawful for any person to engage in HVACR work without the appropriate license or registration provided by this chapter, unless exempted pursuant to this chapter.
(b)
It is unlawful for any licensee to allow a nonlicensed person to use his or her Arkansas HVACR license number for any purpose.
Acts 1991, No. 277, § 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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 3 - LICENSING GENERALLY (§§ 17-33-301 — 17-33-308) › Section 17-33-302 - Qualifications

(a)
An applicant for an HVACR license must meet the following minimum requirements. The applicant must:
(1)
Be an individual of at least eighteen (18) years of age;
(2)
Make application to the Department of Labor and Licensing on forms prescribed by the HVACR Licensing Board;
(3)
Specify the class of license desired;
(4)
Meet all requirements specified by rule promulgated by the board;
(5)
Pay the appropriate examination and license fees required by the board; and
(6)
Pass the appropriate examinations specified by the board.
(b)
An applicant who fails an examination is eligible for reexamination.
Amended by Act 2023, No. 270,§ 5, eff. 8/1/2023.
Acts 1991, No. 277, § 8; 1997, No. 344, § 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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 3 - LICENSING GENERALLY (§§ 17-33-301 — 17-33-308) › Section 17-33-304 - Display of license number

Every individual licensed under this chapter shall display his or her HVACR license number on all his or her business vehicles and in all forms of advertising in a manner prescribed by the rules promulgated by the HVACR Licensing Board.
Amended by Act 2019, No. 315,§ 1421, eff. 7/24/2019.
Acts 1991, No. 277, § 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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 3 - LICENSING GENERALLY (§§ 17-33-301 — 17-33-308) › Section 17-33-305 - Grounds for denial

All applicants who meet the requirements for licensure or registration shall be issued the appropriate license or registration, except that the HVACR Licensing Board may deny a license if the applicant has:
(1)
Committed any act which if committed by a licensee or registrant would be grounds for suspension or revocation of the license or registration;
(2)
Previously been denied a license or registration under this chapter for cause or previously had a license or registration revoked for cause; or
(3)
Knowingly made any false statement or misrepresentation on the application.
Acts 1991, No. 277, § 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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 3 - LICENSING GENERALLY (§§ 17-33-301 — 17-33-308) › Section 17-33-306 - Expiration and renewal

All licenses or registrations issued under this chapter shall expire one (1) year after the date of issuance or at a time specified by the HVACR Licensing Board of the Department of Labor and Licensing. To renew a license or registration, the licensee must submit to the Department of Labor and Licensing before the expiration date on a form prescribed by the department the appropriate license or registration fees required by this chapter.
Amended by Act 2019, No. 910,§ 5436, eff. 7/1/2019.
Acts 1991, No. 277, § 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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 3 - LICENSING GENERALLY (§§ 17-33-301 — 17-33-308) › Section 17-33-307 - Grounds for suspension or revocation

The HVACR Licensing Board, on its own motion, may make investigations and conduct hearings and, on its own motion or upon complaint in writing signed and verified by the complainant, suspend or revoke any license or registration if it finds that the holder of the license or registrant has:
(1)
Made a material misstatement in the application for license or registration or renewal thereof;
(2)
Demonstrated incompetency to act as a license holder or registrant according to rules and standards promulgated by the board; or
(3)
Violated any provisions of this chapter or any rule or order prescribed by the board.
Amended by Act 2019, No. 315,§ 1422, eff. 7/24/2019.
Acts 1991, No. 277, § 16.
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 33 - HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION WORKERS (§§ 17-33-101 — 17-33-308) › Subchapter 3 - LICENSING GENERALLY (§§ 17-33-301 — 17-33-308) › Section 17-33-308 - Procedure for suspension or revocation

(a)
A license may be suspended or revoked pursuant to the procedures of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(b)
An appeal may be had from the hearing pursuant to the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(c)
Any member of the HVACR Licensing Board or a representative designated by the board shall have the authority to administer oaths for the taking of testimony.
(d)
One (1) year after the date of the revocation, an application may be made for a new license or registration.
Acts 1991, No. 277, § 17; 1997, No. 344, § 3.