Arkansas Administrative Code › Agency 010 - Department of Labor › Division 05 - Elevator Safety Division › Rule 010.05.16-001 - Rule 010.05 Rules of the Elevator Safety Board

Current through Register Vol. 49, No. 6, June, 2024
010.05
Administrative Regulations of
			 the Elevator Safety Board for the Elevator Safety Division of the Arkansas
			 Department of Labor
Amendment 1.
Rule
				010.05 -002 is amended to read as
				follows:
010.05 -002 Information for
			 Public Guidance
The mailing address and telephone number for the Elevator
				Safety Division is:
Elevator Safety Division
Arkansas Department of Labor
10421 West Markham Street
Little Rock, AR 72205
(501) 682-4538
The Department of Labor makes available a list of persons
				holding certain responsibilities for handling FOIA requests, licensing
				questions, and complaints against licensees so that the public may obtain
				information about the agency or make submissions or requests. The names,
				mailing addresses, telephone numbers, and electronic addresses can be obtained
				from the agency's office or website.
The agency has a list of official forms used by the agency and
				a list of all formal, written statements of policy and written interpretative
				memoranda, and orders, decisions and opinions resulting from adjudications,
				which may be obtained from the agency's office or website. The Department of
				Labor's website is
http://www.labor.ar.gov/
. The Elevator
				Safety Division's website is:
http://www.labor.ar.gov/divisions/Pages/elevatorlnspectionFermits.aspx
.
				Copies of all forms used by the agency, written statements of policy and
				written interpretive memoranda, and all orders issued by the agency may be
				obtained from the agency's office.
Amendment 2.
Rule
				010.05 -006(D), dealing with
				rule-making, is amended to read as follows:
D.
Filing with Legislative
			 Council
Thirty (30) days before the public-comment period ends, the
				agency will file with the Legislative Council the text of the proposed rule or
				amendment as well as a financial impact statement and any additional
				information as may be required by the Legislative Council as provided by Ark.
				Code Ann. §
											10-3-309.
Amendment 3.
Rule
				010.05 -006(G)(1), dealing with
				rule-making, is amended to read as follows:
G.
The Decision to Adopt a Rule
1. The board will not finalize language of
			 the rule or decide whether to adopt a rule until the period for public comment
			 has expired and the proposed rule has been reviewed and approved by the
			 Legislative Council or other legislative committee pursuant to Ark. Code Ann.
			 §
											10-3-309.
Amendment 4.
Rule
				010.05-006(M), dealing with
				rule-making, is amended to read as follows:
M.
Filing
1. After the board formally adopts a new rule
			 or amends a current rule or repeals an existing rule, and after the rule change
			 has been reviewed and approved_by the Legislative Council, the agency staff
			 will file final copies of the rule with the Secretary of State, the Arkansas
			 State Library, and the Legislative Council or as otherwise provided by Ark.
			 Code Ann. § 25-14-204.
2.
			 Proof of filing a copy of the rule, amendment, or repeal with the Secretary of
			 State, the Arkansas State Library, and the Legislative Council will be kept in
			 a file maintained by the Legal Division of the Arkansas Department of
			 Labor.
3. Notice of the rule change
			 will be posted on the agency website.
Amendment 5.
Rule
				010.05 -007(C), dealing with
				emergency rule-making, is amended to read as follows:
C.
Effective Date of
			 Emergency Rule
1. The board shall not
			 finalize an emergency rule or file an emergency rule with the Secretary of
			 State for adoption until the emergency rule has been approved under Ark. Code
			 Ann. §
											10-3-309.
2. The emergency rule will be effective
			 immediately upon filing, or at a stated time less than ten (10) days
			 thereafter, if the agency finds that this effective date is necessary because
			 of imminent peril to the public health, safety or welfare. The agency will file
			 with the rule the board's written findings justifying the determination that
			 emergency rule-making is appropriate and, if applicable, the basis for the
			 effective date of the emergency rule being less than ten (10) days after the
			 filing of the rule pursuant to Ark. Code Ann. §
											25-15-204(e).
			 The agency will take appropriate measures to make emergency rules known to
			 persons who may be affected by them.
Amendment 6.
Rule
				010.05 -010(N), dealing with
				license renewal, is amended to read as follows;
N.
License Renewal and Reinstatement,
			 Generally
1. A license may be renewed
			 within six (6) months after the date of expiration by paying the renewal fee
			 and a late fee of twenty dollars ($20), provided the licensee is otherwise
			 qualified for renewal. If a license is not renewed within six (6) months after
			 the date of expiration, the licensee shall be required to take a new
			 examination. An applicant for renewal or reinstatement shall not be required to
			 take an examination if the applicant meets the requirements for reciprocity
			 pursuant to Rule
			 010.05 -010(0).
2. A license will not be issued or renewed if
			 there is an unpaid fine or fee due the agency. Further, failure to pay any fine
			 or fee may result in license suspension or revocation.
3. Reinstatement
a. Notwithstanding any rule to the contrary,
			 an individual may seek reinstatement under this subsection, Rule
			 010.05 -010(N)(3), provided the
			 applicant for reinstatement demonstrates that he or she:
i was previously licensed by the board at any
			 time;
ii. was licensed in good
			 standing at the time of licensing;
iii did not have his or her license revoked
			 for: an act of bad faith or a violation of law, rule or ethics;
iv. is not holding a suspended or
			 probationary license in a sister state; and v, passes a licensing examination
			 if the applicant's license has been expired for more than six (6) months.
b. Continuing education
			 requirements apply to a reinstated licensee in the same manner as other
			 licensees.
c. An applicant for
			 reinstatement shall not be required to comply with the requirements of Rule
			 010.05-010 (N)(3) if the applicant meets
			 the requirements for reciprocity pursuant to Rule
			 010.05 -010(0).
d. The Department of Labor's Code Enforcement
			 Manager shall review and decide on any application for reinstatement in order
			 to expedite the process. The decision of the Code Enforcement Manager is
			 subject to review by the board upon written request by the
			 applicant.
Amendment
7. Rule 010,05-010(R), dealing with a
				grandfather provision, is amended to read as follows:
R.
Active duty service members,
			 returning military veterans, and spouses
1. As used in this rule, "returning military
			 veteran" means a former member of the United States Armed Forces who was
			 discharged from active duty under circumstances other than
			 dishonorable.
2. Temporary license
a. An individual who is the holder in good
			 standing of a substantially equivalent license in another state, shall be
			 issued a temporary license of the same class while completing the application
			 process for full licensure, provided the individual is one of the following:
i. an active duty military service member
			 stationed in the State of Arkansas;
ii. a returning military veteran applying
			 within one (1) year of his or her discharge from active duty; or
iii. the spouse of a person under Rule
			 010.05 -010(R)(2)(i) or (ii)
			 above.
b. A temporary
			 license under this rule shall expire on its face in thirty (30) days, although
			 it is subject to renewal until a final administrative decision on full
			 licensure is made.
c. If a full
			 license is granted and the license fee paid, the license shall expire on
			 January 31, regardless of the date of issue or renewal.
3. The Department of Labor's Code Enforcement
			 Manager shall review and decide on the application of any individual under Rule
			 010.05 -010(R) in order to
			 expedite the process. The decision of the Code Enforcement Manager is subject
			 to review by the board upon written request by the applicant.
4. When considering an application for full
			 licensure of an active duty military service member stationed in the State of
			 Arkansas or a returning military veteran applying within one (1) year of his or
			 her discharge from active duty, the Code Enforcement Manager or board shall:
a. consider whether or not the applicant's
			 military training and experience is substantially similar to the experience
			 required by Rule
			 010.05 -010(K) through (M)for the
			 class of license being sought; and
b. accept the applicant's military training
			 and experience in lieu of the experience required by Rule
			 010.05 -010(K) through (M) if the
			 Code Enforcement Manager or board, as applicable, determines the military
			 training and experience is a satisfactory substitute.
5. A license held by an active duty military
			 service member deployed outside the State of Arkansas or his or her spouse
			 shall not expire until one hundred eighty (180) days following the active duty
			 military service member's or spouse's return from active deployment. The
			 licensee must submit proof of deployment and deployment dates.
6. Continuing education
a. An active duty military service member
			 deployed outside the State of Arkansas or his or her spouse shall have an
			 additional one hundred eighty (180) days to obtain the eight (8) hours of
			 continuing education required by Rule
			 010.05 -010(Q), dating from:
i. the two (2) years provided by
			 010.05 -010(Q); or
ii. the date of return to active duty,
			 whichever is longer. For this option, the licensee must submit proof of
			 deployment and deployment dates.
b. A returning military veteran discharged
			 from active duty or his or her spouse shall have an additional one hundred
			 eighty (180) days to obtain the eight (8) hours of continuing education
			 required by
			 010.05 -010(Q), dating from:
i. the two (2) years provided by Rule
			 010.05 -010(Q); or
ii. the expiration of one (1) year from the
			 date of discharge, whichever is longer. For this option, the licensee must
			 submit proof of the discharge date.
Amendment 8.
Rule
				010.05 -020(C), dealing with
				history of the board's rule-making, is amended to read as follows:
C.
History
1. The Elevator Safety
			 Board first promulgated regulations effective August 27, 1963, These
			 regulations were amended effective May 8, 1964; May 4, 1965; July 1,1968; April
			 1,1969; May 19, 1969; September 19,1969; and July 1,1975.
2. All previous rules and regulations of the
			 Elevator Safety Board were repealed and new rules and regulations were adopted
			 effective February 1,1994.
3. All
			 previous rules and regulations of the Elevator Safety Board were repealed and
			 new rules and regulations were adopted effective September 1,2006.
4. Effective June 1,2008, Regulation
			 010.05 -011 was amended to adopt
			 ASME A17.1-2007 and ANSI/ASSE A10.4-2007.
5. Effective March 1,2017, the following
			 rules and regulations of the board were amended: Rule
			 010.05 -002 (Information for
			 public guidance); Rule 010.05-006 (Rule-making); Rule 010.05-007 (Emergency
			 rule-making); Rule 010.05-010 (Licensing); and Rule 010.05-020 (Repealer,
			 Effective Date and History).