Arkansas Administrative Code › Agency 010 - Department of Labor › Division 13 - Board of Electrical Examiners › Rule 010.13.07-001 - Amendments and New rules for the Board of Electrical Examiners

Current through Register Vol. 49, No. 6, June, 2024
010.13
Administrative Regulations of the Board of Electrical Examiners of the
			 State of Arkansas
010.13-001
Statement of Organization and
			 Operations
The Board of Electrical Examiners of the State of Arkansas is a
				board of state government created by Act 870 of 1979 as amended, Ark. Code Ann.
				§§
										17-28-201
et seq
. The licensing authority of the Board is found in Ark.
				Code Ann. §§
										17-28-201
et seq
. and its code enforcement authority is found in Ark.
				Code Ann. §§
										20-31-101
et seq
. The legislature has delegated to the Board the
				authority to establish statewide standards for the construction, installation,
				and maintenance of electrical facilities and the performance of electrical
				work. Additionally, the legislature has delegated to the Board the power to
				oversee electrician examination and licensure, conduct examinations of persons
				who apply for an electrician's license, grant licenses to qualifying
				applicants, and revoke or suspend a license for cause. The legislature has
				authorized the Director of the Department of Labor to conduct inspections and
				to otherwise administer and enforce Ark. Code Ann. §§
										17-28-201
et seq
. and Ark. Code Ann. §§
										20-31-101
et seq
. From time to time the Board promulgates rules and
				regulations.
010.13-002
Information for Public
			 Guidance
The mailing address and telephone number for the Board of
				Electrical Examiners of the State of Arkansas is:
Arkansas Board of Electrical Examiners
Arkansas Department of Labor
10421 West Markham Street
Little Rock, AR 72205
(501) 682-4548
The Department of Labor makes available a list of persons
				holding certain responsibilities for handling FOIA requests, licensing
				questions, complaints against licensees, and compliance requests or assistance
				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 Web site. The Department
				of Labor's Web site is:
http://www.arkansas.gov/labor/
.
				The Board of Electrical Examiners of the State of Arkansas Web site is:
http://www.arkansas.gov/labor/divisions/electricalexam_p1.html
.
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 division's office or Web site.
Copies of all forms used by the agency, written statements of
				policy and written interpretive memoranda, and all orders issued by the
				division may be obtained from the division's office.
010.13-003
General Organization
A. The Board was created by the legislature,
			 Ark. Code Ann. §
										17-28-201, to
			 establish electrical licensure and code compliance standards. The Board
			 consists of nine (9) members, including the Director of the Department of
			 Labor. The Board shall annually elect one of its members to serve as Chairman
			 and one other member to serve as Vice Chairman.
B. The Director of the Department of Labor
			 shall act as Secretary for the Board and shall keep the books and records of
			 the Board. The Director shall also furnish the Board with the necessary
			 facilities for the exercise of its rights and duties.
C. The business of the Board will be
			 conducted in public meetings pursuant to Robert's Rules of Order and in
			 conformity with the Arkansas Freedom of Information Act. Regular meetings will
			 be held the third Tuesday of the following months: January, March, May, July,
			 September, November. Special meetings may be held on the call of the
			 Chairman.
D. Five members of the
			 Board shall constitute a quorum and the majority of those present in a meeting
			 shall be necessary for the transaction of official business.
E. The Board establishes a Screening
			 Committee consisting of four (4) board members appointed by the Chairman. The
			 Screening Committee shall review and take action on all applications for
			 licensure, subject to appeal to the full board. The Screening Committee may
			 refer any application to the Board without prior action at its discretion.
The Board may create other standing or ad hoc committees. The
				Chairman will appoint members of committees. A quorum for the transaction of
				committee business is a majority of the number of voting members of the
				committee.
F. The Director
			 will prepare the agenda for regular and special meetings of the Board. The
			 agenda will be distributed to board members and agency staff and made available
			 to the public in advance of the meeting. The agenda should state specifically
			 the items that will be considered at the meeting. The agenda should include the
			 following topics as applicable:
1. Call to
			 order
2. Review of
			 minutes
3. Old business
4. New business
5. Other business
6. Adjudicatory hearings
7. Rule-making hearings; and
8. Public comment
The order of the agenda items is intended to be flexible and
				may be adjusted to meet the needs of the Board. Additionally, the agenda may be
				amended by appropriate motion.
010.13-004
Rule-Making
A.
Authority
The Board has been authorized by the legislature to promulgate
				rules. Ark. Code Ann. §§
											17-28-202(a)(1)
				and
				20-31-104.
				The Board follows the procedural requirements of the Arkansas Administrative
				Procedure Act, in particular Ark. Code Ann. §§
											25-15-203
				and -204. Additionally, the Board is required to abide by the provisions of
				Ark. Code Ann. §
											10-3-309.
B.
Initiation of
			 Rule-Making
The process of adopting a new rule or amending or repealing an
				existing rule (hereinafter referred to as"rule-making") may be initiated by a
				request of the Board or the director that the department staff submit proposed
				drafts. Additionally, staff of the department may request permission to
				initiate rule-making. Third persons outside the agency may petition for the
				issuance, amendment, or repeal of any rule.
C.
Petition to Initiate
			 Rule-Making
Third parties may initiate rule-making to adopt, amend, or
				repeal a rule by filing a petition with the Board to initiate rule-making. The
				petition must contain the name, address, and telephone number of the
				petitioner, the specific rule or action requested, the reasons for the rule or
				action requested, and facts showing that the petitioner is regulated by the
				Board or has a substantial interest in the rule or action requested.
The petition to initiate rule-making shall be filed with the
				Director of the Department of Labor.
Within thirty (30) days after submission of the petition, the
				Board will either deny the petition, stating its reasons in writing or will
				initiate rule-making. A special meeting of the Board may be called.
D.
Pre-filing with the
			 Bureau of Legislative Research
Thirty (30) days before the public-comment period ends, the
				division will file with the Bureau of Legislative Research the text of the
				proposed rule or amendment as well as a financial impact statement and a Bureau
				of Legislative Research questionnaire as provided by Ark. Code Ann. §
											10-3-309.
E.
Public Input
1. Before finalizing language of a proposed
			 new rule or an amendment to, or repeal of, an existing rule, the Board will
			 receive public input through written comments and/or oral submissions. The
			 Board will designate in its public notice the format and timing of public
			 comment.
2. Any public hearing will
			 provide affected persons and other members of the public a reasonable
			 opportunity for presentation of evidence, arguments, and oral statements within
			 reasonable conditions and limitations imposed by the Board to avoid
			 duplication, irrelevant comments, unnecessary delay, or disruption of the
			 proceedings.
3. The Board chair
			 shall preside at the public hearing. The Board will ensure that the department
			 personnel responsible for preparing the proposed rule or amendment are
			 available, and will notify third parties initiating rule changes to be
			 available to explain the proposal and to respond to questions or comments
			 regarding the proposed rule.
4. The
			 division will preserve the comments made at the public hearing by a tape
			 recording.
5. Any person may submit
			 written statements within the specified period of time. All timely, written
			 statements will be considered by the Board and be made a part of the
			 rule-making record.
F.
Notice of Rule-Making
The Board will give notice of proposed rule-making to be
				published pursuant to Ark. Code Ann. §
											25-15-204.
				The notice will set any written comment period and will specify the time, date,
				and place of any public hearing.
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.
2. Before acting on a
			 proposed rule, the Board will consider all of the written submissions and/or
			 oral submissions received in the rule-making proceeding or any memorandum
			 summarizing such oral submissions, and any regulatory analysis or fiscal impact
			 statement issued in the rule-making proceedings.
3. The Board may use its own experience,
			 specialized knowledge, and judgment in the adoption of a rule.
H.
Variance Between Adopted
			 Rule and Published Notice of Proposed Rule
1. The Board may not adopt a rule that
			 differs from the rule proposed in the published notice of the intended
			 rule-making on which the rule is based unless:
a. The final rule is in character with the
			 original scheme and was a logical outgrowth of the notice and comments stemming
			 from the proposed rule, or
b. The
			 notice fairly apprised interested persons of the subject and the issues that
			 would be considered so that those persons had an opportunity to
			 comment.
2. In
			 determining whether the final rule is in character with the original scheme and
			 was a logical outgrowth of the notice and comments, and that the notice of
			 intended rule-making provided fair warning that the outcome of that rule-making
			 proceeding could be the rule in question, the Board must consider the following
			 factors:
a. The extent to which persons who
			 will be affected by the rule should have understood that the rule-making
			 proceeding on which it is based could affect their interests; and b. The extent
			 to which the subject matter of the rule or issues determined by the rule are
			 different from the subject matter or issues contained in the notice of intended
			 rule-making; and
c. The extent to
			 which the effects of the rule differ from the effects of the proposed rule
			 contained in the notice of intended rule-making.
I.
Concise Statement of
			 Reasons
1. When requested by an
			 interested person, either prior to the adoption of a rule or within thirty (30)
			 days after its adoption, the Board shall issue a concise statement of the
			 principal reasons for and against its adoption of the rule. Requests for such a
			 statement must be in writing and be delivered to the Director of the Department
			 of Labor. The request should indicate whether the statement is sought for all
			 or only a specified part of a rule. A request will be considered to have been
			 submitted on the date on which it is received by the director.
2. The concise statement of reasons must
			 contain:
a. The Board's reasons for adopting
			 the rule;
b. An indication of any
			 change between the text of the proposed rule and the text of the rule as
			 finally adopted, with explanations for any such change; and c. The principal
			 reasons urged in the rule-making procedure for and against the rule, and the
			 Board's reasons for overruling the arguments made against the rule.
J.
Contents
The Board shall cause its rules to be published and made
				available to interested persons. The publication must include:
1. The text of the rule; and
2. A note containing the following:
(a) The date(s) the Board adopted or amended
			 the rule;
(b) The effective date(s)
			 of the rule;
(c) Any findings
			 required by any provisions of law as a prerequisite to adoption for
			 effectiveness of the rule; and
(d)
			 Citation to the entire specific statutory or other authority authorizing the
			 adoption of the rule;
3.
			 The publication of the rule(s) must state the date of publication.
K.
Format
The published rules of the division will be organized
				substantially in the following format:
I. Statement of Organization and
			 Operations
II. Information for
			 Public Guidance
III. General
			 Organization
IV.
			 Rule-making
V. Emergency
			 Rule-making
VI. Declaratory
			 Orders
VII. Adjudicative
			 Hearings
VIII. Et seq. Substantive
			 rules and other rules of Agency
L.
Incorporation by Reference
By reference in a rule, the Board may incorporate all or any
				part of a code, standard, rule, or other matter if the Board finds that copying
				the matter in the Board's rule would be unduly cumbersome, expensive, or
				otherwise inexpedient. The reference in the Board rule will fully and precisely
				identify the incorporated matter by title, citation, date, and edition, if any;
				briefly indicate the precise subject and general contents of the incorporated
				matter; and state that the rule does not include any later amendments or
				editions of the incorporated matter. The Board may incorporate such a matter by
				reference in a proposed or adopted rule only if the agency makes copies of the
				incorporated matter readily available to the public. The rules must state how
				and where copies of the incorporated matter may be obtained at cost from the
				division, and how and where copies may be obtained from an agency of the United
				States, this state, another state, or the organization, association, or persons
				originally issuing that matter. The Department of Labor will retain permanently
				a copy of any materials incorporated by reference in a rule of the
				Board.
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 by the Legislative Council, the staff
			 will file final copies of the rule with the Secretary of State, the Arkansas
			 State Library, and the Bureau of Legislative Research, or as otherwise provided
			 by Ark. Code .Ann. §
											25-15-204(d).
2. Proof of filing a copy of the rule,
			 amendment, or repeal with the Secretary of State, the Arkansas State Library,
			 and the Bureau of Legislative Research 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 department Web page.
010.13-005
Emergency Rule-Making
A.
Request for Emergency
			 Rule-Making
The proponent of a rule may request the Board to adopt an
				emergency rule. In addition to the text of the proposed rule or amendment to an
				existing rule and any other information required by Regulation 010.13-004(C),
				the proponent will provide a written statement setting out the facts or
				circumstances that would support a finding of imminent peril to the public
				health, safety, or welfare.
B.
Finding of Emergency
Upon receipt of the written statement requesting an emergency
				rule-making and documents or other evidence submitted in support of the
				assertion that an emergency exists, the Board will make an independent judgment
				as to whether the circumstances and facts constitute an imminent peril to the
				public health, safety, or welfare requiring adoption of the rule upon fewer
				than 30 days notice. If the Board determines that the circumstances warrant
				emergency rule-making, it will make a written determination that sets out the
				reasons for the Board's finding that an emergency exists. Upon making this
				finding, the Board may proceed to adopt the rule without any prior notice or
				hearing, or it may determine to provide an abbreviated notice and
				hearing.
C.
Effective Date of Emergency Rule
The emergency rule will be effective immediately upon filing,
				or at a stated time less than ten (10) days thereafter, if the Board finds that
				this effective date is necessary because of imminent peril to the public
				health, safety, or welfare. The Board will file with the rule its 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 days after the filing of the rule pursuant to Ark. Code
				Ann. §
											25-15-204(e).
				The Board will take appropriate measures to make emergency rules known to
				persons who may be affected by them.
010.13-006
Declaratory Orders
A.
Purpose and Use of Declaratory
			 Orders
A declaratory order is a means of resolving a controversy or
				answering questions or doubts concerning the applicability of statutory
				provisions, rules, or orders over which the Board has authority. A petition for
				declaratory order may be used only to resolve questions or doubts as to how the
				statutes, rules, or orders may apply to the petitioner's particular
				circumstances. A declaratory order is not the appropriate means for determining
				the conduct of another person or for obtaining a policy statement of general
				applicability from the Board or the department. A petition or declaratory order
				must describe the potential impact of statutes, rules, or orders upon the
				petitioner's interests.
B.
The Petition
The process to obtain a declaratory order is begun by filing
				with the Director of the Department of Labor a petition that provides the
				following information:
1. The caption
			 shall read: Petition for Declaratory Order before Arkansas Board of Electrical
			 Examiners.
2. The name, address,
			 telephone number, and facsimile number of the petitioner.
3. The name, address, telephone number, and
			 facsimile number of the attorney of the petitioner.
4. The statutory provision(s), agency
			 rule(s), or agency order(s) on which the declaratory order is sought.
5. A description of how the statutes, rules,
			 or orders may substantially affect the petitioner and the petitioner's
			 particular set of circumstances, and the question or issue on which petitioner
			 seeks a declaratory order.
6. The
			 signature of the petitioner or petitioner's attorney.
7. The date.
8. Request for a hearing, if
			 desired.
C.
Disposition
1. The Board may hold a
			 hearing to consider a petition for declaratory statement. If a hearing is held,
			 it shall be conducted in accordance with Ark. Code Ann. §
											25-15-208
			 and §
											25-15-213, and
			 the Board's rules for adjudicatory hearings.
2. The Board may rely on the statements of
			 fact set out in the petition without taking any position with regard to the
			 validity of the facts. Within ninety (90) days of the filing of the petition,
			 the Board will render a final order denying the petition or issuing a
			 declaratory order.
010.13-007
Adjudicative Hearings
A.
Scope of This Rule
This Rule applies in all administrative adjudications conducted
				by the Arkansas Board of Electrical Examiners. This procedure is developed to
				provide a process by which the Board formulates orders, including orders
				revoking a permit or license or making a final administrative determination
				regarding the imposition of a civil penalty or fine.
B.
Presiding Officer
The Board chair shall preside at the hearing or may designate a
				hearing officer, examiner or referee to preside at a hearing.
C.
Appearances
1. Any party appearing in any Board
			 proceeding has the right, at his or her own expense, to be represented by
			 counsel.
2. The respondent may
			 appear on his or her own behalf.
3.
			 Any attorney representing a party to an adjudicatory proceeding must file
			 notice of appearance as soon as possible.
4. Service on counsel of record is the
			 equivalent of service on the party represented.
5. On written motion served on the party
			 represented and all other parties of record, the presiding officer may grant
			 counsel of record leave to withdraw for good cause shown.
D.
Consolidation
If there are separate matters that involve similar issues of
				law or fact, or identical parties, the matters may be consolidated if it
				appears that consolidation would promote the just, speedy, and inexpensive
				resolution of the proceedings, and would not unduly prejudice the rights of a
				party.
E.
Notice to
			 Interested Parties
If it appears that the determination of the rights of parties
				in a proceeding will necessarily involve a determination of the substantial
				interests of persons who are not parties, the presiding officer may enter an
				order requiring that an absent person be notified of the proceeding and be
				given an opportunity to be joined as a party of record.
F.
Service of Papers
Unless the presiding officer otherwise orders, every pleading
				and every other paper filed for the proceeding, except applications for witness
				subpoenas and the subpoenas, shall be served on each party or the party's
				representative at the last address of record.
G.
Initiation & Notice of
			 Hearing
1. An administrative
			 adjudication is initiated by the issuance of a notice of hearing from the
			 Electrical Division.
2. The notice
			 of hearing will be sent to the respondent by U.S. Mail, return receipt
			 requested, delivery restricted to the named recipient or his agent. Notice
			 shall be sufficient when it is so mailed to the respondent's latest address on
			 file with the agency.
3. Notice
			 will be mailed at least twenty (20) days before the scheduled
			 hearing.
4. The notice will
			 include:
a. a statement of the time, place,
			 and nature of the hearing;
b. a
			 statement of the legal authority and jurisdiction under which the hearing is to
			 be held; and
c. a short and plain
			 statement of the matters of fact and law asserted.
H.
Motions
All requests for relief will be by motion. Motions must be in
				writing or made on the record during a hearing. A motion must fully state the
				action requested and the grounds relied upon. The original written motion will
				be filed with the Board. When time allows, the other parties may, within seven
				(7) days of the service of the written motion, file a response in opposition.
				The presiding officer may conduct such proceedings and enter such orders as are
				deemed necessary to address issues raised by the motion. However, a presiding
				officer, other than the Board chair, will not enter a dispositive order unless
				expressly authorized in writing to do so.
I.
Answer
A respondent may file an answer.
J.
Discovery
1. Upon written request, the Board or
			 division will provide the information designated in Ark. Code Ann. §
											25-15-208(a)(3).
2. Such requests should be received by the
			 Electrical Division at least ten (10) days before the scheduled
			 hearing.
K.
Continuances
1. The Board chair
			 may grant a continuance of hearing for good cause shown. Requests for
			 continuances will be made in writing. The request must state the grounds to be
			 considered and be made as soon as practicable and, except in cases of
			 emergencies, no later than five (5) days prior to the date noticed for the
			 hearing. In determining whether to grant a continuance, the Board chair may
			 consider:
a. Prior continuances;
b. The interests of all parties;
c. The likelihood of informal
			 settlements;
d. The existence of an
			 emergency;
e. Any
			 objection;
f. Any applicable time
			 requirement;
g. The existence of a
			 conflict of the schedules of counsel, parties, or witnesses;
h. The time limits of the request;
			 and
i. Other relevant
			 factors.
2. The Board
			 chair may require documentation of any grounds for continuance.
L.
Hearing Procedures
1. The presiding officer presides at the
			 hearing and may rule on motions, require briefs, and issue such orders as will
			 ensure the orderly conduct of the proceedings; provided, however, any presiding
			 officer other than the Board chair shall not enter a dispositive order or
			 proposed decision unless expressly authorized in writing to do so.
2. All objections must be made in a timely
			 manner and stated on the record.
3.
			 Parties have the right to participate or to be represented by counsel in all
			 hearings or pre-hearing conferences related to their case.
4. Subject to terms and conditions prescribed
			 by the Administrative Procedure Act, parties have the right to introduce
			 evidence on issues of material fact, cross-examine witnesses as necessary for a
			 full an true disclosure of the facts, present evidence in rebuttal, and, upon
			 request by the Board, may submit briefs and engage in oral argument.
5. The presiding officer is charged with
			 maintaining the decorum of the hearing and may refuse to admit, or may expel,
			 anyone whose conduct is disorderly.
M.
Order of Proceedings
The presiding officer will conduct the hearing in the following
				manner:
1. The presiding officer will
			 give an opening statement, briefly describing the nature of the
			 proceedings.
2. The parties are to
			 be given the opportunity to present opening statements.
3. The parties will be allowed to present
			 their cases in the sequence determined by the presiding officer.
4. Each witness must be sworn or affirmed by
			 the presiding officer, or the court reporter, or any other person authorized by
			 law to administer oaths and be subject to examination and cross-examination as
			 well as questioning by the Board. The presiding officer may limit questioning
			 in a manner consistent with the law.
5. When all parties and witnesses have been
			 heard, parties may be given the opportunity to present final
			 arguments.
N.
Evidence
1. The presiding officer shall
			 rule on the admissibility of evidence and may, when appropriate, take official
			 notice of facts in accordance with all applicable requirements of
			 law.
2. Stipulation of facts is
			 encouraged. The Board may make a decision based on stipulated facts.
3. Evidence in the proceeding must be
			 confined to the issues set forth in the hearing notice, unless the parties
			 waive their right to such notice or the presiding officer determines that good
			 cause justifies expansion of the issues. If the presiding officer decides to
			 admit evidence outside the scope of the notice, over the objection of a party
			 who did not have actual notice of those issues, that party, upon timely
			 request, will receive a continuance sufficient to prepare for the additional
			 issue and to permit amendment of pleadings.
4. A party seeking admission of an exhibit
			 must provide ten (10) copies of each exhibit at a hearing before the Board. The
			 presiding officer must provide the opposing parties with an opportunity to
			 examine the exhibit prior to the ruling on its admissibility. All exhibits
			 admitted into evidence must be appropriately marked and be made part of the
			 record.
5. Any party may object to
			 specific evidence or may request limits on the scope of the examination or
			 cross-examination. A brief statement of the grounds upon which it is based
			 shall accompany such an objection. The objection, the ruling on the objection,
			 and the reasons for the ruling will be noted in the record. The presiding
			 officer may rule on the objection at the time it is made or may reserve the
			 ruling until the written decision.
6. Whenever evidence is ruled inadmissible,
			 the party offering that evidence may submit an offer of proof on the record.
			 The party making the offer of proof for excluded oral testimony will briefly
			 summarize the testimony or, with permission of the presiding officer, present
			 the testimony. If the excluded evidence consists of a document or exhibit, it
			 shall be marked as part of an offer of proof and inserted in the
			 record.
7. Irrelevant, immaterial,
			 and unduly repetitive evidence will be excluded. Any other oral or documentary
			 evidence, not privileged, may be received if it is of a type commonly relied
			 upon by reasonably prudent men and women in the conduct of their
			 affairs.
8. Reasonable inferences.
			 The finder of fact may base its findings of fact upon reasonable inferences
			 derived from other evidence received.
O.
Default
If a party fails to appear or participate in an administrative
				adjudication after proper service of notice, the Board may proceed with the
				hearing and render a decision in the absence of the party.
P.
Subpoenas
1. At the request of any party, the Director
			 of Labor shall issue subpoenas for the attendance of witnesses at the hearing.
			 The requesting party shall specify whether the witness is also requested to
			 bring documents and reasonably identify said documents.
2. A subpoena may be served by any person
			 specified by law to serve process or in any manner authorized by law or by any
			 person who is not a party and who is eighteen (18) years of age or older.
			 Delivering a copy to the person named in the subpoena shall make service. Proof
			 of service may be made by affidavit of the person making service. The party
			 seeking the subpoena shall have the burden of obtaining service of the process
			 and shall be charged with the responsibility of tendering appropriate mileage
			 fees and witness fees pursuant to Rule
			 45, Arkansas Rules of Civil
			 Procedure. The witness must be served at least two (2) days prior to the
			 hearing. For good cause, the Director may authorize the subpoena to be served
			 less than two (2) days before the hearing.
3. Any motion to quash or limit the subpoena
			 shall be filed with the Board and shall state the grounds relied
			 upon.
Q.
Recording
			 the Proceedings
The responsibility to record the testimony heard at a hearing
				is borne by the Electrical Division. Upon the filing of a petition for judicial
				review, the agency will provide a transcript of testimony taken before the
				Board.
R.
Factors to
			 be Considered in Imposing Sanctions
In addition to any other considerations permitted by Ark. Code
				Ann. §§
											17-28-201
et seq
. and Ark. Code Ann. §§
											20-31-101
et seq
. and these Regulations, if applicable, the Board in
				imposing any sanction may consider the following:
1. The nature and degree of the misconduct
			 for which the sanction is being imposed.
2. The seriousness and circumstances
			 surrounding this misconduct.
3. The
			 loss or damage to clients or others.
4. The assurance of future
			 compliance.
5. The profit to the
			 wrongdoer.
6. The avoidance of
			 repetition.
7. Whether the conduct
			 was deliberate, intentional, or negligent.
8. The deterrent effect on others.
9. The conduct of the individual, corporation
			 or other entity during the course of the disciplinary proceeding.
10. Any prior enforcement actions or
			 sanctions, including warnings.
11.
			 Matters offered in mitigation or extenuation, except that a claim of disability
			 or impairment resulting from the use of alcohol or drugs may not be considered
			 unless the individual demonstrates that he or she is successfully pursuing in
			 good faith a program of recovery.
S.
Final Order
The Board will serve on the respondent a written order that
				reflects the action taken by the Board. The order will include a recitation of
				facts found based on testimony and other evidence presented and reasonable
				inferences derived from the evidence pertinent to the issues of the case. It
				will also state conclusions of law and directives or other disposition entered
				against or in favor of the respondent.
The order will be served personally or by mail on the
				respondent. If counsel represents respondent, service of the order on
				respondent's counsel shall be deemed service on the respondent.
010.13-008
The
			 National Electrical Code
A. The Board
			 hereby adopts and incorporates herein the National Electrical Code, 2008
			 edition of the National Fire Protection Association.
B. The National Electrical Code, 2008, shall
			 be the standard for the construction, installation, repair, and maintenance of
			 electrical facilities and the performance of electrical work.
C. In the event there are updates and new
			 editions to the National Electrical Code, the Board shall, after notice and
			 public hearing, adopt such changes and editions which it determines are
			 necessary to insure the public health and safety.
D. The statewide standards shall guarantee a
			 uniform minimum standard for the construction, installation, and maintenance of
			 electrical facilities and for the performance of electrical work.
E. The Board hereby adopts and incorporates
			 herein the Standard Practices for Good Workmanship in Electrical Contracting,
			 American National Standards Institute/National Electrical Contractors
			 Association 1-2006, as the guide for the quality and the standard of
			 workmanship in the installation of electrical equipment.
F. This rule does not include any later
			 amendments or editions of the standards incorporated by reference.
G. Copies of these standards incorporated by
			 reference can be viewed in the offices of the Electrical Division or can be
			 obtained by contacting the following:
National Fire Protection Association
1 Batterymarch Park
Quincy, MA 02169-7471
1-800-344-3555
www.nfpa.org
010.13-009
Definitions
A. The various classes of licenses shall be
			 defined as follows:
1. "Master electrician"
			 shall mean an individual with an unlimited license classification and who is
			 authorized to plan, lay out, and supervise the installation, maintenance, and
			 extension of electrical conductors and equipment.
2. "Journeyman electrician" shall mean an
			 individual who is limited by license classification to install, maintain, and
			 extend electrical conductors and equipment. A journeyman electrician can not
			 contract with the general public to plan, lay out or supervise the
			 installation, maintenance and extension of electrical conductors and equipment
			 without employing at least one (1) full-time master electrician.
3. "Residential master electrician" shall
			 mean an individual who is limited by license classification to performing
			 electrical work for one and two family dwellings, including planning and
			 supervising the installation, maintenance and extension of electrical
			 facilities. A residential master electrician may perform electrical work on a
			 commercial or other project under the direct supervision of a journeyman
			 electrician or master electrician in the same manner and with the same ratio as
			 an electrical apprentice.
4.
			 "Residential journeyman electrician" shall mean an individual who is limited by
			 license classification to install, maintain, alter, repair, maintain, or
			 renovate electrical facilities for one and two family dwellings under the
			 general supervision of a residential master electrician or a master
			 electrician. A residential journeyman may perform electrical work on a
			 commercial or other project under the direct supervision of a journeyman
			 electrician or master electrician in the same manner and with the same ratio as
			 an electrical apprentice.
5. "Air
			 conditioning electrician" shall mean an individual who is limited by license
			 classification to the installation, maintenance, and extension of electrical
			 conductors and equipment solely for the purpose of supplying heating and air
			 conditioning and refrigeration units.
6. "Industrial maintenance electrician" shall
			 mean an individual who is limited by license classification to the repair,
			 maintenance, alteration, and extension of electrical conductors and equipment
			 for electrical power and control systems on or within industrial,
			 manufacturing, or similar type facilities. For employees of industrial
			 facilities, it is not necessary to possess this or any other class of license.
See
Ark. Code Ann. §
											17-28-102(a)(2)
			 and Regulation
			 010.13.010(A).
B. "Board" shall mean the Board of
			 Electrical Examiners of the State of Arkansas.
C. "Director" shall mean the Director of the
			 Arkansas Department of Labor.
D.
			 "Direct supervision" shall mean:
1. an
			 apprentice is being supervised by an individual licensed to perform the
			 electrical work being supervised;
2. during the entire working day of the
			 apprentice, the licensed electrician is physically present at the location or
			 site where the apprentice is performing electrical work and immediately
			 available to the apprentice;
3. the
			 licensed electrician is physically present and immediately available to the
			 apprentice at all times for assistance and direction;
4. electronic supervision does not meet the
			 requirement of physically present and immediately available;
5. the licensed electrician shall review the
			 electrical work performed by the apprentice before the electrical work is
			 operational; and
6. the licensed
			 electrician is able and does determine that all electrical work performed by
			 the apprentice is performed in compliance with the standards adopted by these
			 regulations. The licensed electrician is responsible for all the electrical
			 work performed by an apprentice under his or her supervision.
7. With respect to an apprentice requiring
			 direct supervision, this shall mean that the supervising electrician must be
			 within eyesight and no more than fifty (50) feet away when the apprentice is
			 working on energized parts.
E. "Electrical Apprentice" means any person
			 whose principal occupation is the learning of and assisting in the installation
			 of electrical work under the direct supervision of a journeyman electrician or
			 master electrician.
F. "Electrical
			 work" means:
1. As defined by Ark. Code Ann.
			 §§
											17-28-101(4)
			 and
			 20-31-102(5):
a. Installations of electric conductors and
			 equipment within or on public and private buildings or other structures,
			 including recreational vehicles, and floating buildings, and other premises
			 such as yards, carnivals, parking and other lots, and industrial
			 substations;
b. Installations of
			 conductors that connect to the supply of electricity; and
c. Installations of other outside conductors
			 on the premises.
G. "HVACR" shall mean heating, ventilation,
			 air conditioning and refrigeration.
H. "Manager" shall mean any employee:
1. whose primary duty consists of oversight
			 of the technical and business functions of the electrical company in which he
			 or she is employed; and
2. who
			 customarily and regularly directs the work of one or more other employees
			 therein; and
3. who has a good
			 working knowledge of electrical theory, electrical materials and equipment, and
			 electrical installation procedures; and
4. who customarily and regularly exercises
			 discretion and independent judgment; and
5. who has the authority to hire or fire
			 other employees, or whose suggestions and recommendations as to the hiring or
			 firing and as to the advancement and promotion or any other change of status of
			 other employees will be given particular weight; and
6. who normally maintains oversight of the
			 electrical work performed by the electrical company in which he or she is
			 employed during such time that company holds itself out to perform such
			 work.
I.
			 "Superintendent" shall mean any employee:
1.
			 whose primary duty consists of oversight of the electrical work performed by
			 the electrical company in which he or she is employed; and
2. who has a good working knowledge of
			 electrical theory, electrical materials and equipment, and electrical
			 installation procedures; and
3. who
			 customarily and regularly directs the work of one or more other employees
			 therein; and
4. who has the
			 authority to hire or fire other employees, or whose suggestions and
			 recommendations as to the hiring or firing and as to the advancement and
			 promotion or any other change of status of other employees, will be given
			 particular weight; and
5. who
			 customarily and regularly exercises discretion and independent judgment;
			 and
6. who normally maintains
			 oversight of the electrical work performed by the electrical company in which
			 he or she is employed during such time that company holds itself out to perform
			 such work.
010.13-010
Construction and
			 exemptions
A. The licensing
			 requirements of Ark. Code Ann. §
										17-28-101
et seq.
shall not apply to the following:
1. The construction, installation,
			 maintenance, repair, or renovation by any public utility, as that term is
			 defined by Ark. Code Ann. §
											23-1-101(4)(A),
			 by any rural electric association or cooperative, or by any municipally owned
			 utility, of any transmission or distribution lines or facilities incidental to
			 their business and covered under other nationally recognized safety standards,
			 or to any other such activity when performed by any duly authorized employee,
			 agent, contractor, or subcontractor of any such public utility, association,
			 cooperative, or municipally owned utility;
2. The construction, installation,
			 maintenance, repair, or renovation by any industry of any electric conductors
			 or equipment or facilities incidental to their business and covered under other
			 nationally recognized safety standards, or to any other such activity when
			 performed by any duly authorized employee of such industry;
3. The construction, installation,
			 maintenance, repair and renovation of telephone equipment, computer systems, or
			 satellite systems by a person, firm, or corporation engaged in the
			 telecommunications or information systems industry when such activities involve
			 low-voltage work exclusively for communication of data, voice, or for other
			 signaling purposes; including fire alarm systems, security systems and
			 environmental control systems that are not an integral part of a
			 telecommunications system;
4. The
			 construction, installation, maintenance, repair or renovation of any
			 nonresidential farm building or structure;
5. The construction and manufacture of
			 manufactured homes covered by the federal Manufactured Home Construction and
			 Safety Standards Act,
			 42 U.S.C. §
												5401
et seq.
; and
6. The performance of electrical work on an
			 individual's primary residence by that individual, except as otherwise may be
			 required by state law, regulations, or local ordinance.
B. The Electrical Code requirements of Ark.
			 Code Ann. §
										20-31-101
et seq.
shall not apply to the following:
1. Any construction, installation,
			 maintenance, repair, or renovation by a public utility regulated by the
			 Arkansas Public Service Commission, by a rural electric association or
			 cooperative, or by a municipal utility, of any transmission or distribution
			 lines or facilities incidental to their business and covered under other
			 nationally recognized safety standards;
2. Any construction, installation,
			 maintenance, repair, or renovation of any nonresidential farm building or
			 structure; and
3. Any construction
			 or manufacture of manufactured homes covered by the federal Manufactured Home
			 Construction and Safety Standards Act,
			 42 U.S.C. §
												4501
et seq
.
C. Any holder of a state-issued
			 heating, ventilation, air conditioning and refrigeration or HVACR license may
			 run line voltage power wiring, in compliance with the state electric code, from
			 a disconnect box to an outdoor HVACR unit within a distance not to exceed ten
			 (10) feet from any point of the HVACR equipment without an electrician's
			 license.
D. Any person licensed by
			 the Commission on Water Well Construction pursuant to the provisions of Ark.
			 Code Ann. §
										17-50-101
et seq.,
and subject to that Commission regulations and the
			 National Electric Code, may run power and control wiring from an existing
			 disconnect box to water well equipment without an electrician's license.
			 Alteration of the existing electrical service shall require an electrician's
			 license.
E. An employee of a
			 hospital may perform minor repairs or make minor alterations to existing
			 electrical facilities during the normal performance of his duties with a
			 hospital licensed by the Department of Health without an electrician's
			 license.
F. Nothing in these
			 regulations shall be construed to require an electrician's license in order to
			 test, install, repair, maintain or alter industrial machinery, household
			 appliances, or medical equipment, by the manufacturer(s) or vendor(s) of such
			 machinery and equipment or technicians providing services with respect to such
			 machinery and equipment. Nothing in these regulations shall be construed to
			 require an electrician's license in order to supervise such
			 activities.
G. Nothing in these
			 regulations shall be construed to require an electrician's license in order to
			 replace an existing wall switch or receptacle in isolated incidences.
H. Nothing in these regulations shall be
			 construed to require an electrician's license in order to perform manual labor,
			 such as pick up, delivery and distribution of materials and equipment, or to
			 generally maintain the job site in a clean and workmanlike condition. Manual
			 labor does not include actual use of any tools of the electrical trade.
010.13-011
Examinations
A. The Board shall make
			 provisions for examinations on the following classes of licenses: master
			 electrician, journeyman electrician, industrial maintenance electrician,
			 residential master electrician, residential journeyman electrician, and air
			 conditioning electrician to be given at least every six (6) months.
B. The examination of each class of license
			 shall be of length and type to ensure proficiency in the tested area. The exact
			 content of any examination shall be within the discretion of the Board. Said
			 examinations shall be confined to questions, the answers to which will aid in
			 determining the fitness and competency of the applicant for the intended
			 service and shall be of uniform grade throughout the state.
C. Persons applying for a license shall pay
			 the following examination fees as instructed by the director:
1. Master Electrician
$56.00
2. Journeyman Electrician
$56.00
3. Industrial Maintenance Electrician
$25.00
4. Residential Master Electrician
$56.00
5. Residential Journeyman Electrician
$56.00
6. Air Conditioning Electrician
$56.00
D. Any
			 applicant who shall fail to pass the examination shall continue to be approved
			 for subsequent examinations of the same class without further action by the
			 Board, provided the applicant completed an apprenticeship training program. Any
			 applicant who shall fail to pass the examination and who failed to complete an
			 apprenticeship program may be required by the Board to complete up to two (2)
			 years of an apprenticeship program before being approved for any subsequent
			 examination.
010.13-012
Qualification for Examination and Licensure
A. All applications for licensure of any
			 class must be received by the Board five (5) business days prior to the date of
			 the scheduled meeting of the Board or the Screening Committee. After review of
			 the applications, the Board will issue a list of approved applicants eligible
			 for examination.
B. An applicant
			 for a master electrician's license shall have:
1. a degree in electrical engineering plus
			 two (2) years of construction related experience; or
2. six (6) years experience in the
			 construction industry, both residential and commercial, including two (2) years
			 experience as a licensed journeyman electrician; or
3. any combination of training and experience
			 as the Board may approve, such as formal electrical apprenticeship programs
			 specifically approved by the board, on-the-job training specifically approved
			 by the Board, or a combination of training and construction experience that is
			 determined by the Board to be equivalent to that as specified in paragraph
			 010.13-012(B)(1) or (2) above.
C. An applicant for a journeyman electrician
			 license shall have the following qualifications, as appropriate:
1.
Applicants who completed an
			 apprenticeship program.
Applicants who have completed a 4-year
			 electrical construction apprenticeship program approved by the U. S. Department
			 of Labor, Bureau of Apprenticeship and Training shall have:
a. "Notice of Apprenticeship Committee Action
			 - Released for Test/Completion" form from the applicant's training program and
			 approved by the Arkansas Department of Workforce Education; or b. if the
			 applicant completed an apprenticeship program in another state, certification
			 from the Bureau of Apprenticeship and Training or the state agency responsible
			 for oversight of apprenticeship programs of completion.
c. The Board may approve an applicant without
			 a Released for Test form in extenuating circumstances.
2.
Applicants who seek
			 reciprocity.
Applicants who seek reciprocity shall have certification
			 from the sister state that:
a. the applicant
			 is currently licensed as a journeyman and in good standing;
b. the applicant has held his/her license in
			 the sister state for a period of one (1) year; and
c. the applicant was tested in the sister
			 state.
3.
Applicants who have not completed an apprenticeship program.
Applicants who have not completed a 4-year electrical construction
			 apprenticeship program approved by the Bureau of Apprenticeship and Training
			 shall have 8 years (16,000 hours) of electrical construction experience or
			 training as may be approved by the Board. This training or experience may
			 include electrical experience gained in the military.
See
Regulation 010.13-012(H) for experience that does not qualify.
D. An applicant for an industrial
			 maintenance electrician's license shall have:
1. four (4) years experience under the
			 supervision of an engineer, master electrician, journeyman electrician or
			 industrial maintenance electrician in the maintenance of electrical conductors
			 and equipment; or
2. any
			 combination of training and experience as the Board may approve, such as formal
			 apprenticeship programs approved by the Board, on-the-job training specifically
			 approved by the Board, public or private electrical training programs, such as
			 those conducted by the armed forces, colleges, or vocational-technical schools,
			 specifically approved by the Board, or a combination of training and electrical
			 maintenance experience that is determined by the Board to be equivalent to that
			 as specified in paragraph 010.13-012(D)(1) above.
E. An applicant for a residential master
			 electrician's license shall have:
1. three (3)
			 years experience in the wiring of one (1) or two (2) family dwellings including
			 one (1) year experience as a licensed residential journeyman; or
2. any combination of training and experience
			 as the Board may approve as being equivalent to that as specified in paragraph
			 010.13-012(E)(1) above.
F. An applicant for a residential journeyman
			 license shall have:
1. two (2) years
			 experience in the wiring of one (1) or two (2) family dwellings;
2. a two-year combination of training and
			 experience as the Board may approve, such as formal apprenticeship programs
			 approved by the Board; and
3. a
			 signed letter from the applicant's school verifying the applicant's
			 hours.
G.  An applicant
			 for an air conditioning electrician's license shall have:
1. two (2) years experience in wiring HVACR
			 equipment; or
2. any combination of
			 experience and training as the Board may approve as being equivalent to that as
			 specified in paragraph 010.13-012(G)(1) above.
3. the experience required in paragraph
			 010.13-012(G)(1) may be demonstrated by having held for two years:
a. HVACR electrician's license issued by an
			 Arkansas municipality, or
b. a
			 HVACR Class A or Class B license issued by the state HVACR Licensing
			 Board.
H. For
			 the purpose of determining experience qualification, the Board shall not
			 consider the following:
1. any experience
			 obtained in violation of Ark. Code Ann. §
											17-28-304
			 (Repl. 2001) which required a state electrician's license beginning July 1,
			 1998; or
2. any experience obtained
			 in a sister state in violation of that state's licensing or registration
			 requirements.
I. Work
			 experience shall be documented by official transcripts, notarized letters or
			 affidavits from past or present employers, official letters from other
			 licensing boards detailing the duration and character of the work, or
			 equivalent evidence. Letters and employment verification shall be dated within
			 six (6) months of application. Employment verification from the Social Security
			 Administration may be required.
010.13-013
Licenses
A. Generally
1. All division action regarding licensure
			 shall be governed by Ark. Code Ann.§§
											17-28-201
et seq
. and Ark. Code Ann. §§
											20-31-101
et seq
. and these Regulations.
2. The Board is required to oversee
			 electrician examination and licensure, conduct examinations of persons who
			 apply for an electrician's license, grant licenses to qualifying applicants who
			 have paid the prescribed fee, and revoke or suspend the license of any licensee
			 or the certification of any electrical apprentice for cause.
B. Requirement to Keep Current
			 Address on File; Post License Number and Keep License Available
1. All persons holding a license or permit
			 issued by the Board are required to provide the Electrical Division with
			 information so that the division can remain in contact and provide notice of
			 complaints and/or hearings. The licensee is required to provide written notice
			 to the Board of any change in business and/or residence address within ten (10)
			 working days of the change. Service of notices of hearing sent by mail will be
			 addressed to latest address on file with the Electrical Division.
2. The license number of the responsible
			 master electrician and the company name shall be displayed on a sign at all job
			 sites that do not have a permit issued by a city or county building code
			 enforcement authority. The sign shall be a minimum of 12 inches by 12 inches
			 and include the name of the electrical contractor, license number of the
			 responsible master, and telephone number, in contrasting colors to the sign
			 color with a minimum letter size of 1.5 inches.
3. All licensed electricians and apprentices
			 shall have on their person or immediately available, their license and a form
			 of identification with a photo at all times during which the licensee is
			 performing electrical work. The license and photo identification shall be
			 provided to any state or local government electrical inspector or building
			 inspector or fire marshal upon request.
C. Review of Application
The application and supporting documentation will be reviewed
				by the Board Screening Committee. The Electrical Division will inform the
				applicant in writing if it determines that the application is incomplete, and
				will specify why the application is incomplete. When a completed application, a
				supplemental application, or the requested information is returned, the agency
				will reinitiate action on the application for license. If all requirements of
				are met, the applicant will be allowed to take the licensing
				examination.
D. Expiration
			 and Renewal
1. Licenses shall expire on the
			 date indicated on the license. Licenses shall expire on the last day of the
			 month, one year following the date of issue. Such licenses may be renewed as
			 provided herein. All licenses originally issued prior to the adoption of this
			 rule shall continue to expire as indicated on the license.
2. Licenses may be renewed for one (1) year
			 in the last year of an NEC cycle, two (2) years n the second year of an NEC
			 cycle, or three (3) years in the first year of an NEC cycle upon a payment of
			 fifty dollars ($50.00) per year for a master electrician's license; fifty
			 dollars ($50.00) per year for a residential master electrician's license;
			 twenty-five dollars ($25.00) per year for a journeyman electrician's license;
			 twenty-five dollars ($25.00) per year for a residential journeyman
			 electrician's license; twenty-five ($25.00) per year for an air conditioning
			 electrician's license; and twenty-five dollars ($25.00) per year for an
			 industrial maintenance electrician's license.
3. A license may be renewed within six (6)
			 months of the expiration date by paying the renewal fees stated in Regulation
			 010.13-013(D)(2).
4. A license may
			 be renewed after six (6) months from the expiration date, by paying the renewal
			 fee stated in Regulation 010.13-013(D)(2) plus a penalty of ten dollars($10.00)
			 for journeyman electrician, residential journeyman electrician, air
			 conditioning electrician, or industrial maintenance electrician, and twenty
			 dollars ($20.00) for master electrician or residential master
			 electrician.
5. If any license is
			 not renewed within a year after the expiration of such license, the licensee
			 shall be required to take another examination as authorized by the Board. If
			 any grandfather license is not renewed within a year after the expiration of
			 such license, the licensee shall be required to take an examination as
			 authorized by the Board.
E. No person, firm, or corporation licensed
			 under the provisions of Ark. Code Ann. §
										17-28-101
et seq.
shall alter, transfer, lend or rent his, her or its
			 license.
F. If any applicant
			 passing any class of examination does not obtain an initial license within one
			 (1) year following the last day of the month in which the examination was
			 taken, the applicant shall be required to take another examination as
			 authorized by the Board before a license is issued. Grandfather applicants that
			 have not obtained a license within one (1) year of approval shall be required
			 to take an examination as authorized by the Board.
G. Electrical Contractors
An applicant for an electrical contractor's license shall
				submit to the Board the following:
1.
			 an application on a form approved by the Board; and
2. proof that the applicant is a licensed
			 master electrician or employs a licensed master electrician; and
3. if the applicant is not a master
			 electrician, a statement from the master electrician, under oath, disclosing
			 the master electrician's affiliation with any other electrical contractor and
			 verifying that the master electrician is employed as the superintendent or
			 manager of the applicant contractor.
H. Apprentices
1. Upon employing an electrical apprentice to
			 work at the trade, the electrical contractor/master electrician shall within
			 thirty (30) days register such apprentice with the Board, the Department of
			 Workforce Education and the U.S. Department of Labor (BAT). The apprentice must
			 begin school no later than the first full semester following the date of hire.
			 In the event that school begins more than ninety (90) days from the hire date,
			 the employer shall, in the interim, provide the apprentice with technically
			 related instruction pursuant to the guidelines of the U. S. Department of
			 Labor, Bureau of Apprenticeship and Training.
2. An applicant for registration as an
			 electrical apprentice shall submit the following:
a. an application on a form approved by the
			 Board;
b. a registration fee of ten
			 dollars ($10.00);
c. satisfactory
			 proof that the applicant is enrolled in and attending a school or training
			 course for electrical apprentices certified by the U.S. Department of Labor,
			 Bureau of Apprenticeship and Training (BAT).
3. Apprentice registration certificates shall
			 be valid for one (1) year. They shall expire on the last day of the month, one
			 (1) year from the date of issue.
4.
			 Apprentice registration certification may be renewed by payment of a ten dollar
			 ($10.00) renewal fee and submission of satisfactory proof of current enrollment
			 in and attendance of a BAT-approved training program.
5. An apprentice who has successfully
			 completed a certified school or training program and has been released for
			 testing may continue to renew his or her apprentice registration card, if
			 otherwise qualified, without enrolling in a school or training program. Such an
			 apprentice may work as a fourth year apprentice for the purpose of Regulation
			 010.13-013(H)(6) for a period of six (6) months. If an apprentice has not
			 passed the journeyman electrician examination within six (6) months of
			 completing apprenticeship school, the apprentice shall be subject to the same
			 supervision as a third year apprentice pursuant to Regulation
			 010.13-013(H)(6).
6. Ratios and
			 Supervision a. No journeyman or master electrician shall employ an electrical
			 apprentice at a ratio greater than one (1) apprentice to one (1) journeyman or
			 one (1) master electrician at any one time, except as another ratio may be
			 approved by BAT.
b. No electrical contractor
			 or licensed electrician shall work an electrical apprentice except under the
			 direct supervision of a journeyman or a master electrician with a ratio not
			 greater than two (2) apprentices to one (1) journeyman or one (1) master
			 electrician on a construction project at any one time. An overall employment
			 ratio not greater than one (1) apprentice to one (1) journeyman or one (1)
			 master electrician must be maintained unless otherwise approved by BAT.
			 Notwithstanding any provision to the contrary, a fourth-year apprentice is
			 counted as an apprentice for the purposes of determining an employer's overall
			 employment ratio, but is not counted as an apprentice for the purposes of
			 determining the work ratio on an individual construction project.
c. No electrical contractor or licensed
			 electrician shall work an electrical apprentice except under the direct
			 supervision of a journeyman or a master electrician. However, an apprentice
			 with a valid fourth or final year card issued by the local apprenticeship
			 training committee may work alone but shall not be counted as a journeyman or
			 apprentice electrician in the ratio amounts as described in these Regulations.
			 Apprentices as defined under Regulation 010.13.013(H)(6) must work under the
			 direct supervision of a journeyman or master electrician at all times as
			 required by these Regulations.
7. Classroom Study
By memorandum of understanding, the Workforce Education
				Apprenticeship Office shall oversee related classroom study of
				apprentices.
8. A
			 certificate of registration may be revoked by the Board for cause. This
			 includes, but is not limited to the following:
a. Expulsion from or dropping from the
			 BAT-approved training program;
b.
			 Performing electrical work which is not performed under the direct supervision
			 of a licensed master or journeyman electrician; or
c. Performing electrical work outside the
			 employment of the apprentice's mentoring or sponsoring electrician or
			 electrical contractor.
9. A licensed electrician shall verify the
			 work hours of any apprentice who has been in his/her employ the previous four
			 (4) years at the request of the Department of Labor; the Department of
			 Workforce Education; the Bureau of Apprenticeship and Training; and any local
			 apprenticeship committee. Failure to comply with such a request may result in
			 the assessment of civil money penalties and the revocation or suspension of a
			 license.
I. Temporary
			 licenses
1. The Board shall issue a temporary
			 license as a master electrician or journeyman electrician for a period of six
			 (6) months, upon submission by the applicant of the following:
a. A temporary license fee in the amount of
			 $50 for a master electrician and $25 for a journeyman electrician;
b. A completed application on a form provided
			 by the Board; and
c. Evidence that
			 the applicant holds a current license of the same classification issued by
			 another state or has otherwise met the experience qualifications established in
			 Regulation 010.13-012(B) or (C).
2. A temporary license may be renewed one (1)
			 time only for industrial projects, upon submission by the applicant of the
			 items listed in Regulation 010.13-013(I)(1) above.
3. In no event shall a renewed temporary
			 license exceed a period of twelve (12) months from the date of original issue
			 on the first temporary license.
4.
			 The Board may issue and renew a temporary license as a master electrician or
			 journeyman electrician for regularly scheduled or emergency maintenance work or
			 shut-downs of not longer than six (6) weeks on industry projects as defined by
			 Ark. Code Ann. §
											17-28-102(f).
010.13-014
Revocation
,
Suspension, Surrender and Denial of
			 Licenses
A. Authority of Board
The Board shall have the power to revoke or suspend any license
				or registration for cause. This includes, but is not limited to, the
				performance of electrical work which does not comply with the provisions of the
				National Electrical Code, as adopted by the Board.
B. Automatic Suspension of Apprentice
			 License/Registration
An apprentice license shall be automatically suspended if the
				Electrical Division determines that the apprentice is not compliant with
				Regulation 010.13-013(H) of the Board. The Electrical Division shall notify the
				apprentice of this suspension and that a final revocation hearing has been
				scheduled before the Board. The automatic suspension shall continue until a
				final revocation hearing before the Board or until the apprentice proves
				compliance with Regulation 010.13-013(H) of the Board.
C. Complaints Against Licensee
Any party who is wronged or damaged by an individual or company
				licensed by the Board in the performance of electrical work on his, her, or its
				property may make written notice of complaint to the Board. Such complaint
				shall state the actions of the license holder(s) causing damage to the
				complainant. Damage or wrongful action which may be investigated includes, but
				is not limited to the following:
a.
			 property damage;
b. electrical work
			 that does not comply with the minimum standards for such work established by
			 Regulation 010.13-008;
c. threats
			 of bodily harm made by a licensee; and d. accepting payment for electrical work
			 or supplies that is not performed or provided.
Upon receipt of a written complaint made against any party
				holding a license issued by the Board, the Arkansas Department of Labor
				Electrical Division staff may investigate said complaint to ascertain
				information relating to the complaint. The Board may on its own motion cause a
				staff investigation of any licensee's compliance with the provisions of the act
				or the regulations of the Board.
After investigation, the Arkansas Department of Labor
				Electrical Division staff shall determine if the allegations against any
				licensee are sufficient to warrant a revocation/suspension hearing. If such
				allegations are sufficient to warrant a hearing, staff shall recommend to the
				Board that a revocation/suspension hearing take place.
Any licensee shall be provided at least twenty (20) days notice
				of any revocation or suspension hearing. Such notice may be provided by
				certified mail to the last address provided to the Board by the licensee.
				Notice shall contain a statement of the allegations and conform to the
				requirements of the Administrative Procedures Act, Ark. Code Ann.
				25-15-201 et
				seq. and these Regulations.
5. The
			 Arkansas Department of Labor may impose a civil money penalty subject to appeal
			 to the Board pursuant to Rule 010.13-015.
D. Emergency Action
1. If the Board finds that the public health,
			 safety, or welfare imperatively requires emergency action and incorporates that
			 finding in its order, the Board can summarily suspend, limit, or restrict a
			 license. The notice requirement in 010.13-007(G) does not apply and must not be
			 construed to prevent a hearing at the earliest time practicable.
2. Emergency Order:
An emergency adjudicative order must contain findings that the
				public health, safety, and welfare imperatively require emergency action to be
				taken by the division. The written order must include notification of the date
				on which division proceedings are scheduled for completion.
Written Notice. The written emergency adjudicative order will
				be immediately delivered to persons who are required to comply with the order.
				One or more of the following procedures will be used:
a. Personal delivery;
b. Certified mail, return receipt requested,
			 to the last address on file with the division;
c. First class mail to the last address on
			 file with the division;
d. Fax. Fax
			 may be used as the sole method of delivery if the person required to comply
			 with the order has filed a written request that division orders be sent by fax
			 and has provided a fax number for that purpose.
e. Oral notice. Unless the written emergency
			 order is served by personal delivery on the same day that the order issues, the
			 division shall make reasonable immediate efforts to contact by telephone the
			 persons who are required to comply with the order.
3. Unless otherwise provided by law, within
			 ten (10) days after emergency action taken pursuant to paragraph (D)(1) of this
			 rule, the Electrical Division must initiate a formal suspension or revocation
			 proceeding.
E. Denial of
			 License-Right to Appeal
Any applicant who is denied a license or who is approved for
				examination for a class of license lower that the class of license sought,
				shall be notified of such action by mail at the address provided by the
				applicant. The applicant shall have twenty (20) days from the date of the
				notice to appeal the denial, or the approval for examination for a lower class
				license, to the full board. The applicant shall be provided at least twenty
				(20) days notice of the hearing before the full Board. Such notice will be
				provided by regular mail to the address on the application.
F. Notice and Burden of Proof
1. Prior to the entry of a final order to
			 suspend, revoke, annul, or withdraw a license, or to impose other sanctions
			 upon a licensee, the Electrical Division will serve the licensee a notice of
			 hearing in the manner set out in A.C.A. §
											25-15-208
			 and Rule 010.13-007(G).
2. The
			 division has the burden of proving the alleged facts and violations of law
			 stated in the notice.
G.
			 Voluntary Surrender of License
The licensee, in lieu of formal disciplinary proceedings, may
				offer to surrender his or her license, subject to the division's determination
				to accept the proffered surrender, rather than conducting a formal disciplinary
				proceeding.
H. Duty of
			 Sanctioned Licensee
In every case in which a license is revoked, suspended, or
				surrendered, the licensee shall, within thirty (30) days of the revocation,
				suspension, or surrender, do the following:
1. Return his or her license to the
			 Electrical Division's office;
2.
			 Notify all of his or her clients or employer in writing that his or her license
			 has been revoked, suspended, or surrendered;
3. Notify all clients or his or her employer
			 to make arrangements for other services, calling attention to any urgency in
			 seeking the substitution of another licensee;
4. Deliver to all clients or employer any
			 papers or property to which they are entitled, or notify the client or employer
			 of a suitable time and place where the papers and other property may be
			 obtained, calling attention to any urgency for obtaining the papers or other
			 property;
5. Refund any part of the
			 fees paid in advance that have not been earned;
6. Keep and maintain a record of the steps
			 taken to accomplish the foregoing;
7. File with the Electrical Division a list
			 of all other state, federal, and administrative jurisdictions by which he or
			 she is licensed. Upon such filing, the division will notify those entitled of
			 the revocation, suspension, or surrender; and
8. The sanctioned licensee shall, within
			 thirty (30) days of revocation, suspension, or surrender of the license, file
			 an affidavit with the agency that he or she has fully complied with the
			 provisions of the order and completely performed the foregoing or provide a
			 full explanation of the reasons for his or her non-compliance. Such affidavit
			 shall also set forth the address where communications may thereafter be
			 directed to the respondent.
I. Reinstatement After Suspension
1. An order suspending a license may provide
			 that a person desiring reinstatement may file with the Board a verified
			 petition requesting reinstatement.
2. The petition for reinstatement must set
			 out the following:
a. That the individual has
			 fully and promptly complied with the requirements of section 010.13-014(H) of
			 these rules pertaining to the duty of a sanctioned licensee;
b. That the individual has refrained from
			 practicing in this occupation or business during the period of
			 suspension;
c. That the
			 individual's license fee is current or has been tendered to the division; and
d. That the individual has fully
			 complied with any requirements imposed as conditions for
			 reinstatement.
3. Any
			 knowing misstatement of fact may constitute grounds for denial or revocation of
			 reinstatement.
4. Failure to comply
			 with the provisions of sections 010.13-014(H)7 and (H)8 of this Rule precludes
			 consideration for reinstatement.
5.
			 No individual will be reinstated unless the Board approves reinstatement upon a
			 recommendation from the Board by a majority vote.
J. Re-Licensure for Revoked or Surrendered
			 License
1. No individual who has had his or
			 her license revoked or who has surrendered his or her license will be licensed,
			 except on petition made to the Board. The application for re-licensure is not
			 allowed until at least two (2) years after the revocation or surrender of the
			 license took effect.
2. The
			 applicant bears the burden of proof that he or she is rehabilitated following
			 the revocation or surrender of his license, that he can engage in the conduct
			 authorized by the license without undue risk to the public health, safety, and
			 welfare, and he is otherwise qualified for the license.
3. The Board may impose any appropriate
			 conditions or limitations on a license to protect the public health, safety and
			 welfare.
4. The Board may require
			 that the person seeking re-licensure take the licensing exam.
5. The applicant must comply with the same
			 terms as provide in paragraph (I) of this Rule for reinstatement following a
			 suspension.
010.13-015
Civil Money Penalties
A. Civil Penalties, Generally.
1. Any person, firm, or corporation that
			 violates provisions of Ark. Code Ann. §§
											17-28-101
			 through 310 or Ark. Code Ann. §§
											20-31-101
			 through
			 20-31-105;
			 or any rule, regulation, or order promulgated by the Board; or any condition of
			 a license, certificate, or registration issued by the Board shall be subject to
			 a civil penalty that shall not exceed the following:
a. Two hundred fifty dollars ($250.00) for a
			 first offense;
b. Seven hundred
			 fifty dollars ($750.00) for a second offense;
c. One thousand dollars ($1000.00) for a
			 third offense.
2. Each
			 day of a continuing violation shall constitute a separate offense.
3. Assessment of a civil penalty shall be
			 made no later than two (2) years from the date of the occurrence of the
			 violation.
4. The amount of civil
			 penalties will be determined in accordance with Regulation 010.13-015(C) and
			 (D).
5. Nothing in these
			 Regulations shall abridge the authority of the Board to revoke or suspend any
			 license for cause. A licensee may be assessed a civil money penalty and have
			 his or her license suspended or revoked for the same offense.
B. Notice of Civil Money Penalty
			 Assessment
1. In civil penalty cases, the
			 staff of the Electrical Division of the Arkansas Department of Labor shall
			 notify the person, firm, or corporation charged with the violation by regular
			 mail (at the last known address on file with the division, if the individual is
			 licensed) of the following:
a. the type of
			 violation(s);
b. the date(s) of the
			 violation(s);
c. the amount of the
			 civil penalty for the violation(s);
d. the civil penalty determination issued by
			 the Electrical Division staff shall be final, unless within twenty (20) days
			 after receipt of this notice, the person, firm, or corporation notifies the
			 Director in writing that the person, firm, or corporation contests the penalty;
			 and
e. the procedure for
			 contesting a civil penalty as provided in Regulation 010.13-015(E).
2. If the person, firm,
			 corporation, partnership, or association charged with the violation has not
			 filed written notice with the Director that the charged party contests the
			 civil penalty within twenty (20) days after receiving notice in accordance with
			 Regulation 010.13-015(B)(1), the penalty assessment by the Electrical Division
			 staff shall become the final determination of the Director.
3. Notice of the civil penalty may also be
			 delivered in the same manner as summons in civil cases or by hand-delivered
			 citation by an electrical inspector of the Arkansas Department of
			 Labor.
C. Civil Penalty
			 Assessment
1. If upon inspection or
			 investigation, the Arkansas Department of Labor finds that a person, firm, or
			 corporation has violated any of the provisions of Ark. Code Ann. §§
											17-28-101
			 through -310 or Ark. Code Ann. §§
											20-31-101
			 through 105; or any rule, regulation, or order promulgated by the Board; or any
			 condition of a license, certificate, or registration issued by the Board, such
			 person, firm or corporation shall be subject to a civil penalty that shall not
			 exceed the following:
a. Two hundred fifty
			 dollars ($250.00) for a first offense;
b. Seven hundred fifty dollars ($750.00) for
			 a second offense; and
c. One
			 thousand dollars ($1000.00) for a third offense.
2. The amount of a civil penalty will be
			 based on the Violation Fine Schedule in Regulation 010.13-015(D).
3. The Violation Fine Schedule is only a
			 guideline to assist in consistent application of civil monetary penalties. The
			 Board shall only be bound by the statutory fine scale described in Ark. Code
			 Ann. §
											17-28-309(b)(2).
4. Upon appeal, the Board may exercise its
			 discretion in determining the appropriate penalty according to the Violation
			 Fine Schedule in Regulation 010.13-015(D). In determining the amount of a civil
			 monetary penalty, the Board may consider:
a.
			 The degree and extent of harm to the public safety or to property, or the
			 potential for harm;
b. The duration
			 and gravity of the violation;
c.
			 Whether the violation was committed willfully or intentionally, or reflects a
			 continuing pattern;
d. Whether the
			 violation involved elements of fraud or deception either to the public or to
			 the Board, or both;
e. The
			 violator's prior disciplinary record with the Board;
f. Whether and to the extent which the
			 violator profited by the violation.
5. No civil penalty assessments older than
			 two (2) years shall be used as the basis for a progressive discipline pursuant
			 to the Violation Fine Schedule in Regulation 010.13-015(D).
6. No provision of this subsection shall
			 abridge authority of the Board to evaluate all past civil money assessments by
			 any person, firm, or corporation to revoke or suspend any license for any
			 offense.
D. Violation
			 Fine Scheduler
1. The Violation Fine Schedule
			 is only a guideline to assist in consistent application of civil monetary
			 penalties. The Board shall only be bound by the statutory fine scale described
			 in Ark. Code Ann. §
											17-28-309(b)(2).
2. The aggravating and mitigating factors in
			 Regulation 010.13-015(C)(4) may affect the final civil monetary penalty
			 assessed.
3. Nothing in these
			 regulations shall abridge the authority of the Board to revoke or suspend any
			 license for any offense.
FINE SCHEDULE
Violation
Statute or Regulation
						  Provision
1st
2nd
3rd
Failure to possess appropriate license for
						  electrical work
17-28-304
$50
$100
Discretionary (up to
$1000
per
						  day)
Providing false or misleading
						  advertising
Failure to correct electric code violations
						  within a reasonable time
17-28-304
20-31-105
$250
$250
$500
$750
Discretionary (up to
$1000
per
						  day)
Discretionary (up to
$1000
per
						  day)
Failure of a licensee to maintain supervisory
						  ratio of one licensed electrician to two apprentices on a construction project
						  at any one time, or to maintain an overall employment ratio of one to one,
						  except as another ratio may be approved by BAT
Regulation -010.13- 013(H)(6) (Violations of this
						  Regulation shall be assessed per apprentice out of the required
						  ratio)
$75
$150
Discretionary (up to
$1000
per
						  day)
Performing electrical work beyond the
						  authorization of the electrical license or registration
17-28-101 & Regulation(s) 010.13-009(A)(1-
						  6)
$50
$100
Discretionary (up to
$1000
per
						  day)
Failure of apprentice to register with the
						  Arkansas Department of Labor
Regulation 010.13-013(H)
$10
$20
Discretionary (up to
$1000
per
						  day)
Employment by an electrical contractor licensed
						  by the Arkansas Department of Labor or by a master electrician of unlicensed or
						  unregistered persons doing electrical work
Regulation 010.13-017(F)
$250
$750
Discretionary (up to
$1000
per
						  day)
Deception, misrepresentation or fraud in
						  obtaining or attempting to obtain a license (includes loaning a
						  license)
17-28-303 & Regulations 010.13-014(A) and
						  010.13- 013(E)
$250
$750
Discretionary (up to
$1000
per
						  day)
Other violations
Discretion ary (up to
$250
per
						  day)
Discretionary (up to
$750
per
						  day)
Discretionary (Up to
$1000
per
						  day)
E. Contesting a Civil Penalty
1. The person, firm, or corporation may
			 contest the imposition of a civil penalty by filing a written request for a
			 hearing with the Director, 10421 West Markham, Little Rock, Arkansas 72205. The
			 written request must be made within twenty (20) days after receipt of
			 notification of the civil penalty or the assessment will become
			 final.
2. A written request for a
			 hearing shall be scheduled for a hearing before the Board.
3. The person, firm, or corporation shall be
			 provided at least twenty (20) days notice of the hearing. Such notice shall
			 include:
a. a statement of the time, date,
			 place, and nature of the hearing;
b. A statement of the legal authority and
			 jurisdiction under which the hearing is to be held;
c. A short and plain statement of the matters
			 of fact and law asserted; and d. A statement that the person, firm, or
			 corporation may, upon written request, obtain the issuance of a subpoena by the
			 Director for the attendance and testimony of witnesses and the production of
			 documents.
4. The Board
			 shall, after consideration of the evidence, issue a decision and issue an order
			 setting forth findings of fact and conclusions of law. Such decision shall
			 become the final determination of the Board, unless judicial review is sought
			 within thirty (30) days pursuant to the Administrative Procedures Act, Ark.
			 Code Ann. §
											25-15-212.
5. If any person, firm, or corporation
			 against whom a civil penalty has been imposed fails to pay the penalty within
			 sixty (60) days of the final determination, the Director of the Arkansas
			 Department of Labor may file an action in a court of competent jurisdiction to
			 collect the civil penalty, without paying costs or giving bonds for
			 costs.
F. Failure to pay
			 civil monetary penalties.
1. If any person,
			 firm, or corporation against whom a civil penalty has been imposed fails to pay
			 the penalty within sixty (60) days of the final determination, the Director of
			 the Arkansas Department of Labor may file an action in a court of competent
			 jurisdiction to collect the civil penalty, without paying costs or giving bonds
			 for costs.
2. Failure to pay
			 assessed fines may result in the denial, revocation or suspension of any
			 electrical license or certification.
010.13-016
Reciprocity
The Board may issue licenses to those applicants holding
				equivalent licenses in other states, upon payment of the required fees and
				submission of proof of license, provided an agreement has been reached with
				that state to recognize the electrical licenses held by Arkansas
				residents.
010.13-017
Non-licensed Persons Performing Electrical Work
A. The Board staff shall, on behalf of the
			 director, investigate complaints and allegations against any person or
			 corporation not licensed by the Board for violation of Ark. Code Ann.
			 §§
										17-28-101
et seq.
;
			 20-31-101
et seq.
; or the regulations of the Board adopted pursuant
			 thereto.
B. After investigation,
			 the director shall make an initial determination of whether there has occurred
			 a violation of Ark. Code Ann. §§
										17-28-101
et seq.
;
			 20-31-101
et seq.
; or the regulations of the Board adopted pursuant
			 thereto.
C. The director shall
			 notify the person(s) or corporation(s) of his determination by certified mail
			 to the last known address. This notice shall conform to the requirements of the
			 Administrative Procedures Act, Ark. Code Ann. §
										25-15-201
et seq
. and shall specifically contain the following:
1. a statement of the allegations against the
			 person or corporation;
2. a
			 statement that the person or corporation is entitled to a hearing before the
			 Board on the allegations, provided a written request for a hearing is received
			 by the Board within twenty (20) days of receipt of the notice; and
3. a statement that the person or
			 corporation's failure to make a written denial of the allegations within twenty
			 (20) days of receipt of the notice or the failure to appear at any scheduled
			 hearing will result in the director seeking injunctive relief and/or filing a
			 criminal complaint with the local prosecuting attorney.
D. Notice of any scheduled hearing shall be
			 mailed at least twenty (20) days prior to the hearing date.
E. If the director finds that the public
			 health, safety, or welfare imperatively requires emergency action, the director
			 may petition a court of competent jurisdiction to enjoin or restrain any person
			 or corporation from violating the provisions of Ark. Code Ann. §§
										17-28-101
et seq.
;
			 20-31-101
et seq.
; or the regulations of the Board adopted pursuant
			 thereto, without providing notice and the opportunity for hearing.
F. No person licensed by this Board shall
			 employ unlicensed persons or unregistered apprentices to perform electrical
			 work without an exemption.
G. Any
			 electrical work performed by a non-licensed person that does not comply with
			 the minimum standards established by Regulation 010.13-008, may be required to
			 be removed at the discretion of a state electrical inspector. The
			 responsibility and costs for removal shall be that of the non-licensed person.
			 In the event the non-licensed person is employed by a licensed electrician or
			 an electrical contractor, the responsibility and costs for removal shall be
			 that of the licensee or the responsible master electrician employed by the
			 contractor.
010.13-018
Restricted Lifetime Master Electrician's License
A. Qualifications. To qualify for a
			 restricted lifetime master electrician license, an applicant shall:
1. have been a licensed master electrician
			 licensed by the Board of Electrical Examiners for not less than twelve (12)
			 years;
2. be at least sixty-five
			 (65) years of age; and
3. have a
			 current license as a master electrician issued by the Board of Electrical
			 Examiners at the time of application for a restricted lifetime master
			 electrician license.
B.
			 Application
1. Application for a restricted
			 lifetime master electrician license shall be on a form approved by the
			 Board.
2. The applicant for a
			 restricted lifetime master electrician license shall submit with the
			 application satisfactory proof of age, which may include one of the following:
a. a birth certificate;
b. a passport or certificate of arrival in
			 the United States;
c. a
			 state-issued driver's license or identification card;
d any document issued by the U.S. Military
			 which includes a photograph or information including name, sex, date of birth,
			 and other identifying information; or
e. any other document of similar
			 reliability.
C. Restrictions. A person holding a
			 restricted lifetime master electrician license is authorized to perform any
			 work authorized for a master electrician. Such license is
			 non-transferable.
D. Fees. The fee
			 for issuance of a Restricted Lifetime Master Electrician license shall be fifty
			 dollars ($50.00).
E. Term of
			 license. The restricted lifetime master electrician license shall be valid for
			 the lifetime of the holder of such license, unless the license is suspended or
			 revoked by the Board for cause.
F.
			 Revocation or suspension.
1. The Board may
			 revoke or suspend a restricted lifetime master electrician license for the same
			 reasons and in the same manner as any other master electrician license. Grounds
			 for suspension or revocation includes, but is not limited to, the performance
			 or supervision of electrical work which does not comply with the provisions of
			 the National Electrical Code, as adopted by the Board.
2. Notice of any complaint, proceeding, or
			 hearing shall be made to the holder of a restricted lifetime master electrician
			 license to the last address on file with the Board.
3. Revocation or suspension proceedings shall
			 be conducted in the same manner as provided for other licensed electricians by
			 regulation of the Board. See Regulation 010.13-014. Revocation, Suspension,
			 Surrender and Denial of Licenses.
G. Change of address. The holder of a
			 restricted lifetime master electrician license shall notify the board of any
			 change of address following issuance of the license.
010.13-019
Continuing Education.
A. No journeyman electrician license or
			 master electrician license shall be renewed unless the licensee completes at
			 least eight (8) hours of continuing education for each National Electrical Code
			 (NEC) cycle. Continuing education shall consist of classroom or other Board
			 approved instruction relating specifically to the National Electrical Code. The
			 NEC cycle shall begin on January 1 of each year of NEC publication.
B. Approved Continuing Education Hours:
1. Continuing education hours required by
			 these Regulations shall be obtained only in programs and courses approved by
			 the Board.
2. The Board shall
			 examine and approve curricula from any entity that provides continuing
			 education to determine whether it provides appropriate and adequate NEC
			 instruction.
3. Course curricula
			 shall be presented to the Board for approval at least sixty (60) days prior to
			 the date of the course. The curricula shall be presented on a form approved by
			 the Board. Electrical Division staff may recommend course providers and
			 curricula to the Board for approval. The Board may approve retroactive credit
			 for courses completed during the current NEC cycle but before the effective
			 date of these regulations.
4. Upon
			 completion of a Board approved course, the course provider shall complete an
			 attendance roster form approved by the Board to confirm completion. The course
			 provider shall submit this form to the Board and/or the Arkansas Department of
			 Labor Electrical Division. The course provider's roster is the only document
			 acceptable to confirm completion of course credit. Each course provider shall
			 maintain this information not less than five (5) years from the course
			 completion date.
5. The Arkansas
			 Department of Labor Electrical Division shall:
a. maintain the attendance rosters submitted
			 by course providers; and
b.
			 maintain a list of Board approved courses.
C. No apprentice that completes an
			 apprenticeship program and passes the journeyman exam shall be required to
			 obtain additional continuing education hours during that NEC cycle.
D. Failure to complete continuing education
			 hours
1. If any licensee fails to complete the
			 required continuing education hours before the end of each NEC cycle, the
			 licensee may obtain the required continuing education hours within ninety (90)
			 days without being subject to examination requirements or civil penalties for
			 performing unlicensed electrical work. All other civil penalties shall
			 apply.
2. If the licensee fails to
			 obtain the required hours within this ninety (90) day period, the licensee
			 shall be required to take another examination.
010.13-020
Code Enforcement
A. An electrical inspector of the department
			 may require electrical work to be exposed for inspection, including the removal
			 of sheetrock or other finish material applied to walls, floors or ceilings in
			 the following circumstances:
1. The electrical
			 work had not been subject to inspection by a city or county code enforcement
			 authority; and
2. The state
			 inspector has evidence of serious violations of the standards established by
			 Regulation 010.13-008 in the visible electrical work. "Serious violations"
			 include the following:
a. open conductors or
			 unapproved raceways;
b. open
			 splices not in approved boxes;
c.
			 cables not protected from physical damage;
d. unapproved wiring, such as telephone or
			 thermostat wire for 120 volt receptacles; and
e. Romex cable run in air plenums in
			 walls.
B. Any
			 property damage caused in order to expose electrical work for inspection or in
			 order to correct violations of the minimum standards established by Regulation
			 010.13.008, shall be repaired by the responsible electrician so that the
			 property is in the same or equivalent status as before the correction or
			 exposure.
C. Disconnecting devices
			 or equipment is not an acceptable method of correcting violations to the
			 minimum standards established by Regulation 010.13.008.
010.13-021
Effective Date, Repealer and
			 History.
A. Effective June 1, 2008 all
			 previous regulations promulgated by the Board are hereby repealed.
B. The effective date of these regulations is
			 June 1, 2008.
C. History
1. The Board of Electrical Examiners first
			 promulgated regulations effective September 12, 1979. These regulations were
			 amended effective October 15, 1987.
2. All previous rules and regulations of the
			 Board were repealed and new rules and regulations were adopted effective
			 January 1, 1992. These regulations were amended effective January 19, 1993;
			 September 29, 1993; January 15, 1996; June 1, 1999; and July 1, 1999
3. All previous rules and regulations of the
			 Board were repealed and new rules and regulations were adopted effective
			 September 1, 1999. These regulations were amended effective August 20, 2001;
			 January 1, 2002; April 1, 2002; April 1, 2004; November 1, 2004; October 1,
			 2005; and June 1, 2006.
4. All
			 previous rules and regulations of the Board of Electrical Examiners were
			 repealed and new rules and regulations were adopted effective June 1,
			 2008.