Arkansas Administrative Code › Agency 033 - Contractors Licensing Board › Rule 033.00.71-001 - Arkansas State Licensing Law for Contractors

Current through Register Vol. 49, No. 6, June, 2024
An Act to Recodify the Provisions of Act 124, Approved February
			 24, 1939, and Act 217, Approved March 20, 1945, and Act 153, Approved February
			 23, 1951, Establishing the Contractors Licensing Board and Regulating the
			 Practice of Contracting in the State of Arkansas; to Fix Maximum Salaries and
			 Establish Qualifications for Employees of the Board and to Limit the Number of
			 Employees to be employed by the Board.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
			 ARKANSAS:
SECTION 1. For the purposes
		  of this Act, a 'contractor' is defined to be any person, firm, partnership,
		  copartnership, association, corporation, or other organization, or any
		  combination thereof, who for a fixed price, commission, fee or wage attempts to
		  or submits a bid to construct, or contracts or undertakes to construct, or
		  assumes charge, in a supervisory capacity or otherwise, of the construction,
		  erection, alteration or repair, or has or have constructed, erected, altered,
		  or repaired, under his, their or its direction, any building, highway, sewer,
		  grading or any other improvement or structure, except single family residences,
		  when the cost of the work to be done, or done, in the State of Arkansas by the
		  contractor including but not limited to labor and materials, is Twenty Thousand
		  Dollars ($20,000.00) or more. It is the intention of this definition to include
		  all improvements or structures, excepting only single family residences.
Architects and engineers, whose only financial interest in a
			 project shall be the architectural or engineering fees for preparing plans,
			 specifications, survey and such supervision as is customarily furnished by
			 architects and engineers, are specifically excluded from this Act. (Act 397 of
			 1971)
SECTION 2. There is
		  hereby created a State Licensing Board for Contractors, consisting of five (5)
		  members, who shall be appointed by the Governor. Each member shall be at least
		  thirty-five (35) years of age, a resident of the State of Arkansas, and a
		  contractor of not less than ten (10) years' experience in responsible charge of
		  construction projects of magnitude consistent with the duties of his office. At
		  least one member of such Board shall have had as a larger part of his business
		  the construction of highways. At least one member of such Board shall have had
		  as a larger part of his business the construction of sewers and waterworks. At
		  (east one member of such Board shall have had as a larger part of his business
		  the construction of buildings. The members of the Board shall be appointed for
		  one, two, three, four and five years, respectively, their terms expiring on the
		  31st day of December of such year. Thereafter in each year the Governor shall
		  appoint to fill the vacancy caused by expiration, for a term of five (5) years.
		  Each member shall hold over, after the expiration of his term, until his
		  successor shall be duly appointed and qualified. If a vacancy shall occur in
		  the Board for any cause, it shall be filled by appointment by the Governor, and
		  the Governor may remove any member of the Board at any time for misconduct,
		  incompetency or neglect of duty.
SECTION
		  3. 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 office, shall file with the Secretary of State the constitutional
		  oath of office. Each member of the Board first created shall receive a license
		  to operate as a contractor under this Act from the Governor, and thereafter no
		  one shall be eligible for appointment on the Board who does not at the time
		  hold an unexpired license to operate as a contractor in Arkansas under this
		  Act, and who has not been a bona fide resident of Arkansas for the previous
		  five (5) years, and at the time of appointment does not maintain his principal
		  place of business in Arkansas. 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.
SECTION
		  4. The Board shall, within thirty (30) days after its appointment
		  by the Governor, meet in the City of Little Rock at a time and place to be
		  designated by the Governor, and shall elect a Chairman, Vice-Chairman, and
		  Secretary, each to serve in his respective capacity for one year, and
		  thereafter such officers shall be elected by the Board annually. The Board
		  shall have power to make such bylaws, rules and regulations for its operation
		  as it shall consider appropriate; provided the same are not in conflict with
		  the laws of the State of Arkansas. 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 thereof.
		  Within sixty (60) days after the Board has been organized, it shall meet for
		  the purpose of receiving applications for certificates to engage in the
		  business of general contracting and for the transaction of such other business
		  as may come before it, and thereafter shall have two (2) regular meetings in
		  each year; one in the month of February, and one in the month of August, for
		  the purpose of transacting such business as may properly come before it, on
		  call of the Chairman of the Board. Special or adjourned meetings may be held at
		  such times as the Board may provide by the by-laws which it shall adopt, or at
		  such time as the Board, may, by reasonable resolution, provide. Due notice of
		  each meeting and the time and place thereof shall be given to each member in
		  such manner as the by-laws shall provide. Three (3) members of the Board shall
		  constitute a quorum. All meetings of the Board shall be held in Little Rock,
		  Arkansas.
SECTION 5. The Secretary
		  shall keep a record of the proceedings of the Board. The fees of the
		  Contractors Licensing Board shall be deposited in banks to be used by the 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 and regulations
		  prescribed by the State Comptroller.
SECTION
		  6. Each member of the Board shall receive $15.00 per day while the
		  Board is in session, and reimbursement for necessary traveling expenses, board
		  and lodging. (The remainder of Section
		  6 is superceded by an
		  Appropriation Act)
SECTION 7. The
		  Secretary shall keep- a register of all applications for license showing for
		  each the date of application, name, qualification, place of business, place of
		  residence, and whether the license was granted or refused, as well as a
		  complete transcript of the proceedings, including evidence submitted by
		  applicants, licensees, the Board or otherwise, at any hearing. The books and
		  register of this Board, including transcripts of proceedings, shall be prima
		  facie evidence of all matters recorded therein and a certified copy of such
		  books or register, including transcripts of proceedings, under the seal of the
		  Board, attested by its Secretary, shall be received in evidence in all Courts
		  of the State in lieu of the original. A roster showing the names and places of
		  business and of residence of all licensed contractors shall be prepared by the
		  Secretary of the Board as soon as convenient, and not more than ninety (90)
		  days after the Board shall have organized, and during the month of August of
		  each succeeding year. Such roster shall be ordered printed by the Board and
		  paid for out of the funds herein appropriated for the operation of this Act. On
		  or before the first day of August of each year, the Board shall submit to the
		  Governor a report of its transactions for the preceding year, and shall file
		  with the Secretary of State a copy of such report, together with a complete
		  statement of receipts and expenditures of the Board attested by the affidavit
		  of the Chairman and Secretary and copy of the roster of licensed
		  contractors.
SECTION 8. Any person,
		  other than members selected by the Governor as hereinbefore provided, hereafter
		  desiring to be licensed as a contractor in this State shall make and file with
		  the Board thirty (30) days prior to any regular or special meeting thereof, a
		  written application on such form as may then be by the Board prescribed, for
		  examination by the Board, such application to be accompanied by payment in a
		  sum to be determined by the Board but not to exceed One Hundred Dollars ($100)
		  to the Contractors Licensing Board, State of Arkansas. If such application
		  complies with the Board's rules and regulations, then the applicant shall be
		  entitled to an examination to determine his, their, or its qualifications. If
		  the result of the examination of any applicant shall be satisfactory to the
		  Board, then the Board shall issue to the applicant a certificate to engage in
		  contracting in the State of Arkansas. Any person thus receiving a certificate
		  of license from the Board shall forthwith have it recorded in the Office of the
		  Secretary of State, and the date of recording shall be evidenced thereon. Until
		  the license is recorded, the holder thereof shall not exercise any of the
		  rights or privileges therein conferred, and in case such license is not
		  recorded within sixty (60) days from the date of its issuance, it shall become
		  invalid. The Secretary of State shall be paid a fee of $1.00 for recording said
		  certificate and shall keep in a book to be provided by him for that purpose a
		  complete list of certificates of license recorded by him, together with the
		  date of each, and the date of recording. Any applicant failing to pass the
		  examination prescribed by the Board shall be entitled to the refund of his,
		  their or its fee accompanying the application. Anyone failing to pass such
		  examination may be re-examined at any regular meeting of the Board upon payment
		  of regular fee.
All certificates of license to engage in the business of
			 contracting in the State of Arkansas shall expire the last day of June
			 following the issuance or renewal thereof, and shall become invalid on that day
			 unless renewed. A fee not to exceed One Hundred Dollars ($100.00) payable at
			 the time of filing the application shall be assessed against each applicant and
			 thereafter an annual renewal license fee to be determined by the Board but not
			 to exceed One Hundred Dollars ($100.00) shall be paid by each licensee to
			 defray the costs and expenses of the administration of this Act. (Act 546 of
			 1971).
SECTION 9. The
		  Board, in determining the qualifications of any applicant for original license,
		  or any renewal license, shall, among other things, consider the following:
(a) experience,
(b) ability,
(c) character,
(d) the manner of performance of previous
		  contracts,
(e) financial condition,
(f) equipment,
(g) any other fact tending to show ability
		  and willingness to conserve the public health and safety, and
(h) default in complying with the provisions
		  of this Act, or any other law of the State. A record shall be made and
		  preserved by the Board of each examination of applicant or licensee, and the
		  findings of the Board thereon, and certified copy of the record shall be
		  furnished to any applicant or licensee desiring to appeal from the findings of
		  said Board, as hereinafter provided, upon payment of the costs of transcribing
		  such record.