Arkansas Administrative Code › Agency 010 - Department of Labor › Division 05 - Elevator Safety Division › Rule 010.05.06-001 - Rules of the Elevator Safety Board

Current through Register Vol. 49, No. 6, June, 2024
010.05
Administrative Regulations of
			 the Elevator Safety Board for the Elevator Safety Division of the Arkansas
			 Department of Labor
010.05-001
Statement of Organization and Operations
The Arkansas Department of Labor is an agency of state
				government created by Act 161 of 1937, Ark. Code Ann. §
										11-2-101
et seq
. The Elevator Safety Board was created by Act 189 of
				1963, Ark. Code Ann. §
										20-24-105,
				and given regulatory authority over the construction, alteration, repair,
				maintenance, operation, and inspection of elevators, escalators, moving
				sidewalks, dumbwaiters, and wheelchair lifts, and the power to oversee the
				licensure of elevator inspectors, elevator mechanics, and elevator contractors.
				The Arkansas Department of Labor is charged with enforcement of the state's
				laws regarding elevator safety, as well as the regulations promulgated by the
				Elevator Safety Board, Ark. Code Ann. §
										20-24-104.
				Ultimate authority for the operation of the agency is in the Director of the
				Department of Labor. For administrative purposes, the Director has created the
				Elevator Safety Division which is responsible for administering and enforcing
				state law and the regulations of the Elevator Safety Board. The individual
				charged with the day-to-day operations of the Elevator Safety Division is
				referred to as Chief Elevator Inspector, who is selected by the Director and is
				directly supervised by the Code Enforcement Administrator. From time to time,
				the board promulgates rules
.
010.05-002
Information for Public
			 Guidance
The mailing address and telephone number for the Elevator
				Safety Division is:
Elevator Safety Division
Arkansas Department of Labor
10421 West Markham Street
Little Rock, AR 72205
(501) 682-4538
The Department of Labor makes available a list of persons
				holding certain responsibilities for handling FOIA requests, licensing
				questions, and complaints against licensees so that the public may obtain
				information about the agency or make submissions or requests. The names,
				mailing addresses, telephone numbers, and electronic addresses can be obtained
				from the agency's office or Web site.
The agency has a list of official forms used by the agency and
				a list of all formal, written statements of policy and written interpretative
				memoranda, and orders, decisions and opinions resulting from adjudications,
				which may be obtained from the agency's office or Web site. The Department of
				Labor Web site is:
http://www.arkansas.gov/labor/
.
				The Elevator Safety Division's Web site is:
http://www.arkansas.gov/labor/divisions/elevator_p1.html
.
				Copies of all forms used by the agency, written statements of policy and
				written interpretive memoranda, and all orders issued by the agency may be
				obtained from the agency's office.
010.05-003
General Organization
A. The Elevator Safety Division is generally
			 divided into an office staff and a field staff. The field staff is composed of
			 Elevator Inspectors.
B. The
			 Elevator Safety Board consists of five (5) members, one (1) of whom is the
			 Director of the Department of Labor, who serves as Chairman. A quorum for the
			 transaction of business is a majority of the members.
C. All public meetings, including meetings of
			 the Elevator Safety Board will be conducted pursuant to Robert's Rules of Order
			 and in conformity with the Arkansas Freedom of Information Act. Regular
			 meetings will be held every other month. Special meetings may be held on the
			 call of the Chairman.
D. The board
			 or the agency may create standing and ad hoc committees. The Chairman will
			 select members of committees. A quorum for the transaction of committee
			 business is a majority of the number of voting members of the
			 committee.
E. The Chief Elevator
			 Inspector will prepare the agenda for regular and special meetings. 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 with specificity the
			 items that will be considered at a meeting, hearing, or workshop. The agenda
			 should include the following topics as applicable:
1. The 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 agency. Additionally, the agenda may
				be amended by appropriate motion.
010.05-004
Purpose and Scope
A.
Purpose
1. The purpose of these regulations is to
			 establish:
a. minimum safety standards for the
			 maintenance, inspection, tests, and operation of all elevators and escalators
			 and other conveyances;
b. minimum
			 safety standards for the construction of new elevators, dumbwaiters, escalators
			 and other conveyances;
c. minimum
			 safety standards for the alteration of existing elevators, dumbwaiters,
			 escalators and other conveyances;
d. minimum safety standards for existing
			 elevators, escalators, dumbwaiters and other conveyances;
e. rules prescribing fees;
f. rules for the application and granting of
			 variances and exceptions;
g.
			 minimum standards for licensing and qualifying elevator inspectors, elevator
			 contractors, and elevator mechanics; and
h. rules for the effective administration and
			 enforcement of the Elevator Safety Law, Ark. Code Ann. §
												20-24-101
et seq.
2. These regulations are intended to protect
			 the general public, invitees, guests, employees, and all persons who could be
			 reasonably expected to use an elevator, escalator, dumbwaiter or other
			 conveyance.
B.
Scope and Application
1. These
			 regulations apply to all elevators, escalators, dumbwaiters and other
			 conveyances in the State of Arkansas, except as specifically exempted
			 herein.
2. These regulations do not
			 apply to:
a. a conveyor, chain or bucket
			 hoist, construction hoist or similar devices used for the primary purpose of
			 elevating or lowering materials and is not used for elevating or lowering
			 workers or other riders, including those workers loading and
			 unloading;
b. tiering, piling,
			 feeding, or similar machines or devices giving service within only one (1)
			 story.
3. Conveyances
			 installed in private single-family dwellings are exempt from the testing and
			 inspection requirements of Ark. Code Ann. §
											20-24-112
			 and the permitting requirements of Ark. Code Ann. §§
											20-24-115
			 and -116.
010.05-005
Definitions
As used in these regulations, unless the context otherwise
				requires:
A.
"Alteration"
means any change made to an existing elevator, dumbwaiter,
			 escalator or other conveyance, or to its hoistway, enclosure, or doors other
			 than the repair or replacement of damaged, worn, or broken parts necessary for
			 normal operation. The changing of the speed governor shall be considered an
			 alteration;
B.
"Authorized
			 representative"
means the building department of cities, towns, or other
			 governmental subdivisions designated by the Department of Labor to enforce
			 certain provisions of Ark. Code Ann. §
										20-24-101
et seq
.;
C.
"Board"
means the Arkansas Elevator Safety Board;
D.
"Conveyance"
means an
			 elevator, dumbwaiter, escalator, moving sidewalk, automatic people mover,
			 platform lift or stairway chair lift;
E.
"Director"
means the Director
			 of the Department of Labor;
F.
"Department"
means the Department of Labor;
G.
"Dormant elevator, dumbwaiter, or
			 escalator"
means an elevator or dumbwaiter whose cables have been
			 removed, whose car and counterweight rest at the bottom of the shaftway, and
			 whose shaftway doors are permanently boarded up or barricaded on the inside or
			 an escalator whose main power feed lines have been disconnected;
H.
"Dumbwaiter"
means a hoisting
			 and lowering mechanism, driven by mechanical power, equipped with a car which
			 moves in guides in a substantially vertical direction, the floor area of which
			 does not exceed nine (9) square feet, whose total compartment height does not
			 exceed four feet (4'), the capacity of which does not exceed five hundred
			 pounds (500 Ibs.), and which is used exclusively for carrying
			 freight;
I.
"Elevator"
means a hoisting and lowering mechanism equipped with a car or platform which
			 moves in guides in a substantially vertical direction;
1. The term "elevator" shall not include a,
			 conveyor chain bucket hoist, construction hoist, or similar devices used for
			 the primary purpose of elevating or lowering materials, nor shall it include
			 tiering, piling, feeding, or similar machines or devices giving service within
			 only one (1) story;
2. The term
			 "power elevator" shall mean those driven by the application of energy other
			 than hand or gravity;
3. "Hand
			 elevators" shall mean those driven by manual power;
4. The term "elevator" shall include vertical
			 wheelchair lifts, inclined wheelchair lifts, and inclined stairway chairlifts
			 installed in any location, including a private, single-family dwelling for use
			 by individuals with physical disabilities;
J.
"Escalator"
means a
			 power-driven, inclined, continuous stairway or runway used for raising or
			 lowering passengers;
K.
"Freight elevator"
means an elevator used for carrying freight and
			 on which only the operator and the persons necessary for loading and unloading
			 are permitted to ride; and
L.
"Passenger elevator"
means an elevator that is used to carry
			 persons other than the operator and persons necessary for loading and
			 unloading.
010.05-006
Rule-Making
A.
Authority
The board has been authorized by the Legislature to promulgate
				rules. Ark. Code Ann. §
											20-24-106(b).
				The board follows the procedural requirements of the Arkansas Administrative
				Procedure Act, in particular Ark. Code Ann. §
											25-15-203
				and §
											25-15-204.
				Additionally, the agency 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"rule-making") may be initiated by
				request of the board that the staff submit proposed drafts. Additionally, staff
				of the agency may request permission of 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 agency 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
				agency 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 will be called if necessary to meet
				this time frame.
D.
Pre-Filing with the Bureau of Legislative Research
Thirty (30) days before the public-comment period ends, the
				agency 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
			 agency 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 agency to avoid
			 duplication, irrelevant comments, unnecessary delay, or disruption of the
			 proceedings.
3. The Director or his
			 designee may preside at the public hearing. The agency must ensure that the
			 agency 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
			 agency 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 agency 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 or consider the
			 experience, specialized knowledge and judgment of agency staff.
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 agency shall issue a concise statement of the principal reasons
			 for and against the 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 agency.
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 agency shall cause the board's 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 board will be organized
				substantially in the following format:
1. Statement of Organization and
			 Operations
2. Information for
			 Public Guidance
3. General
			 Organization
4. Purpose and
			 Scope
5. Definitions
6. Rule-making
7. Emergency Rule-making
8. Declaratory Orders
9. Adjudicative Hearings
10. Licensing
11. 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 rule must 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
				agency, 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 agency must 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 Counsel, the agency 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 agency Web page.
010.05-007
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 Rule
				010.05 -006(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 an 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 it'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 agency finds
				that this effective date is necessary because of imminent peril to the public
				health, safety, or welfare. The agency will file with the rule the board's
				written findings justifying the determination that emergency rule-making is
				appropriate and, if applicable, the basis for the effective date of the
				emergency rule being less than ten (10) days after the filing of the rule
				pursuant to Ark. Code Ann. §
											25-15-204(e).
				The agency will take appropriate measures to make emergency rules known to
				persons who may be affected by them.
010.05-008
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 agency 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 an agency. 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 Department of
			 Labor.
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), board rule(s),
			 or agency or board 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.
Agency Disposition
1. The agency 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 agency's rules for adjudicatory hearings.
2. The agency 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 agency will render a final order denying the petition or issuing a
			 declaratory order.
010.05-009
Adjudicative Hearings
A.
Scope of This Rule
This Rule, 010.005-009, applies in all administrative
				adjudications conducted by the Board of Elevator Safety or the Elevator Safety
				Division of the Arkansas Department of Labor. This procedure is developed to
				provide a process by which the board or agency formulates orders (for example,
				an order revoking a license to practice, or imposing civil penalties).
B.
Presiding Officer
The Director of the Department of Labor, who is Chairman of the
				board, shall preside at a hearing before the board or may designate one or more
				members of the board or one or more examiners, referees, or hearing officers to
				preside at a hearing. The Director of the Department of Labor shall designate
				one or more examiners, referees, or hearing officers to preside at a hearing
				before the Department of Labor.
C.
Appearances
1. Any party appearing 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 and Notice of
			 Hearing
1. An administrative
			 adjudication is initiated by the issuance by the agency of a notice of
			 hearing.
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, as well as by regular U. S.
			 mail. 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 agency. 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 Director, 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 agency will
			 provide the information designated in Ark. Code Ann. §
											25-15-208(a)(3).
2. Such requests should be received by the
			 agency at least ten (10) days before the scheduled hearing.
K.
Continuances
1. The presiding officer 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 presiding officer 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
			 presiding officer 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 Director 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 agency, 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, and be subject to examination and
			 cross-examination as well as questioning by the board and the agency
.
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 agency 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 seven (7) copies of each exhibit at a hearing before the Elevator
			 Safety Board and three (3) copies of any exhibit in a hearing before the
			 Elevator Safety Division. 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 agency or 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 the Department 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 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 days prior to the hearing.
			 For good cause, the agency may authorize the subpoena to be served less than
			 two days before the hearing.
3. Any
			 motion to quash or limit the subpoena shall be filed with the agency 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 agency. Upon the filing of a petition for judicial review, the
				agency will provide a transcript of testimony taken before the board. If the
				board is successful upon appeal, the agency may request that the court assess
				the costs against the opposing party.
R.
Factors to be Considered in Imposing
			 Sanctions or Fines
In addition to any other considerations permitted by Ark. Code
				Ann. §§
											20-24-101
et seq.
, if applicable, the agency in imposing any sanction or
				fine may consider the following:
1.
			 The nature and degree of the misconduct for which the sanction is being
			 sought.
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 during the
			 course of the disciplinary proceeding.
10. Any prior enforcement or disciplinary
			 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 agency 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.
010.05-010
Licensing
A.
General
1. All action of the Elevator Safety Board or
			 the Elevator Safety Division regarding licensure shall be governed by Ark. Code
			 Ann. §§
											20-24-101
et seq.
and these Rules and, when applicable, Ark. Code Ann.
			 §§
											25-15-208
			 to -213.
2. The Elevator Safety
			 Board is responsible for licensure of elevator inspectors, Ark. Code Ann.
			 §
											20-24-108(a);
			 elevator mechanics, Ark. Code Ann. §
											20-24-108(b);
			 and elevator contractors, Ark. Code Ann. §
											20-24-108(c).
B.
Requirement to Keep
			 Current Addresses on File
All persons holding a license issued by the agency are required
				to provide the agency with information so that the agency can remain in contact
				and provide notice of complaints and/or hearings. The licensee holder is
				required to provide written notice to the board of any change in business
				and/or residence address within 10 working days of the change. Service of
				notices of hearing sent by mail will be addressed to latest address on file
				with the agency.
C.
Review of Application
The application and supporting documentation will be reviewed
				by staff of the Elevator Safety Division. The 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
				division will reinitiate action on the application for license. If all
				requirements are met, the applicant will be licensed.
D.
Denial of License
1. If a preliminary determination is made
			 that the application should be denied, the division will inform the applicant
			 of the opportunity for a hearing on the application.
2. The grounds or basis for the proposed
			 denial of a license will be set forth in writing by the agency. The applicant
			 may appeal the agency's determination to the Elevator Safety Board by making a
			 written request to the Board for a hearing within thirty (30) days of the
			 notice of denial. Any hearing on the denial of a license will be conducted in
			 accordance with Ark. Code Ann. §§
											25-15-208
			 and -213, and unless otherwise provided by law, the applicant has the burden of
			 establishing entitlement to the license.
E.
Suspension, Revocation, Annulment or
			 Withdrawal
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 division will serve the licensee a notice
			 of hearing in the manner set out in Ark. Code Ann. §
											25-15-208
			 and Rule 010.05 -009 herein.
2. The agency has the burden of proving the
			 alleged facts and violations of law stated in the notice.
F.
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 Rule
			 010.05 -009(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 board. The written order must include notification of the date on
				which board 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 agency;
c. First class mail to the last address on
			 file with the agency;
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 agency 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
			 agency 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 F1 of this
			 Rule, the division must initiate a formal suspension or revocation
			 proceeding.
G.
Voluntary Surrender of License
The licensee, in lieu of formal disciplinary proceedings, may
				offer to surrender his or her license, subject to the board's determination to
				accept the proffered surrender, rather than conducting a formal disciplinary
				proceeding.
H.
Duty
			 of a 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 and any license
			 pocket cards to the division's office;
2. Notify all of his or her clients and
			 employer in writing that his or her license has been revoked, suspended, or
			 surrendered;
3. Notify all clients
			 and 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 division a list of all other
			 state, federal, and administrative jurisdictions by which he or she is
			 licensed. Upon such filing, the agency will notify those entitled of the
			 revocation, suspension, or surrender; and
8. The 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 Director of the Department of Labor 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 Rule
			 010.05 -010(H) of these rules
			 pertaining to the duty of a sanctioned professional;
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 agency; 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 H7 and H8 of this Rule precludes consideration
			 for reinstatement.
5. No individual
			 will be reinstated unless the board approves reinstatement by 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
			 license took effect.
2. The
			 applicant bears the burden of proof that he 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 that he is otherwise qualified for the license pursuant to Ark.
			 Code Ann. §
											20-24-101
et seq
.
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 examination.
K.
Inspectors
1. Qualifications. An applicant for an
			 elevator inspector's license shall complete an application approved by the
			 board and shall have:
a. at least four (4)
			 years verified experience in designing, installing, maintaining, or inspecting
			 conveyances;
b. successfully passed
			 the written examination for elevator inspectors administered by an accredited
			 ASME testing facility and evidenced by certification of the applicant as a
			 Qualified Elevator Inspector. This is commonly referred to as being QEI
			 certified;
c. no financial interest
			 in any business or operation which manufactures, installs, repairs, modifies or
			 services conveyances and have submitted a financial disclosure statement on a
			 form approved by the division. This qualification does not prohibit employees
			 of insurance companies insuring conveyances in Arkansas from obtaining a
			 license as an elevator inspector;
d. submitted proof of insurance by an
			 insurance company authorized to do business in Arkansas of general liability
			 coverage for at least one million dollars ($1,000,000) for injury or death of a
			 person and five hundred thousand dollars ($500,000) for property damage; and
e. tendered a license fee in the
			 amount of one hundred dollars ($100.00).
2. License Renewal. An application for
			 renewal shall be submitted no later than January 31 of each calendar year,
			 regardless of the date of issue or renewal and shall be submitted with:
a. a license fee in the amount of one hundred
			 dollars ($100.00);
b. proof of
			 insurance as required by this Rule,
			 010.05 -010(K)(1);
c. an annual financial disclosure statement
			 on a form approved by the division; and
d. proof of completion of eight (8) contact
			 hours or continuing education hours every two (2) years in a course of training
			 or instruction approved by the board as required by Rule
			 010.05 -010(Q).
3. Elevator inspectors in the
			 employ of the Department of Labor are exempt from payment of licensing fees and
			 fees for renewal of license.
L.
Elevator Contractors
1. Qualifications. An applicant for an
			 elevator contractor's license shall complete an application approved by the
			 board and shall have:
a. a permanent office
			 located in the State of Arkansas with an individual designated by the
			 contractor to receive notices on behalf of the contractor or be currently
			 registered with the Secretary of State with a designated agent for service of
			 process who is also authorized to receive notices on behalf of the
			 contractor;
b. submitted
			 verification of employment of a licensed elevator mechanic;
c. submitted proof of insurance by an
			 insurance company authorized to do business in Arkansas of general liability
			 coverage for at least one million dollars ($1,000,000) for injury or death of a
			 person and five hundred thousand dollars ($500,000) for property damage; and
d. tendered a license fee in the
			 amount of two hundred and fifty dollars ($250).
2. License Renewal. An application for
			 renewal shall be submitted no later than January 31 of each calendar year,
			 regardless of the date of issue or renewal and shall be submitted with:
a. a license fee in the amount of two hundred
			 and fifty dollars ($250); and
b.
			 proof of insurance as required by this Rule,
			 010.05 -010(L)(1).
M.
Elevator
			 Mechanics
1. Qualifications. An
			 applicant for an elevator mechanic's license shall complete an application
			 approved by the board and shall have:
a. at
			 least three (3) years verified work experience in constructing, maintaining,
			 servicing, or repairing conveyances;
b. successfully passed a written examination
			 approved for elevator mechanics by the board; and
c. tendered a license fee in the amount of
			 seventy-five dollars ($75) annually.
2. Restricted License. A restricted class of
			 elevator mechanic's license shall be known as an "Accessibility Technician".
			 Such class of license shall be restricted to performing work involving vertical
			 platform lifts, wheelchairs lifts, and inclined stairway chairlifts, including
			 those for private residences, which are covered by the provisions of ASME A18.1
			 2005. An applicant for such a restricted license shall complete an application
			 approved by the board and shall have:
a. at
			 least three (3) years verified work experience in constructing, maintaining,
			 servicing, or repairing those conveyances covered by ASME A18.1 2005;
b. successfully passed a written examination
			 approved for a restricted license by the board; and
c. tendered a license fee in the amount of
			 seventy-five dollars ($75) annually.
3. License Renewal. An application for
			 renewal shall be submitted no later than January 31 of the year of expiration,
			 regardless off the date of issue or renewal and shall be submitted with:
a. a license fee in the amount of one hundred
			 and fifty dollars ($150) for two years; and
b. proof of completion of eight (8) contact
			 hours or continuing education hours every two (2) years in a course of training
			 or instruction approved by the board as required by Rule
			 010.05 -010(Q).
4. Emergency Licensing and
			 Temporary Licensing.
a. Whenever an emergency
			 exists or there is a strike or lock-out and the board determines that there are
			 not enough licensed elevator mechanics to perform the work necessary to provide
			 for the safety of life, limb, and property and to protect the public welfare,
			 the board may waive the examination requirements of these Rules and the
			 provisions or Ark. Code Ann. §
												20-24-108,
			 and issue an emergency elevator mechanic's license that may be valid for no
			 longer than thirty (30) days.
b.
			 Whenever the department determines that there are not enough licensed elevator
			 mechanics available to perform work necessary for the completion of a project
			 for which the division has issued an installation permit pursuant to Rule
			 010.05 -011 or
			 010.05 -012 and Ark. Code Ann.
			 § 20-25-115(d), the department may waive the requirements of these Rules
			 and the provisions of Ark. Code Ann. §
												20-24-108,
			 and issue a temporary elevator mechanics license that may be valid for no
			 longer than thirty (30) days. The denial of such a temporary license may be
			 appealed to the board.
c. The board
			 may renew an emergency or temporary license if the circumstances justifying its
			 original issuance continue.
d. The
			 fee for an emergency or temporary license shall be seventy-five dollars
			 ($75.00) annually for a license valid in only thirty (30) day
			 increments.
N.
License Renewal, Generally
1. A license may be renewed within six (6)
			 months after the date of expiration by paying the renewal fee and a late fee of
			 twenty dollars ($20), provided the licensee is otherwise qualified for renewal.
			 If a license is not renewed within six (6) months after the date of expiration,
			 the licensee shall be required to take an new examination.
2. A license will not be issued or renewed if
			 there is an unpaid fine or fee due the agency. Further, failure to pay any fine
			 or fee may result in license suspension or revocation.
O.
Reciprocity
The board may license a person as an elevator inspector,
				elevator mechanic, or elevator contractor without examination if he or she
				holds an equivalent license for a state or city that has a standard of
				examination substantially equal to that provided for in these Rules and Ark.
				Code Ann. §
											20-24-108.
P.
Verified Work
			 Experience
1. Work experience required
			 for licensure shall be documented by notarized letters or affidavits from past
			 or present employers, official letters or certifications from other government
			 licensing authorities detailing the duration and character of the work, or
			 equivalent evidence that verifies work experience. The name, address, and
			 telephone number of anyone verifying work experience shall be provided on the
			 verification document.
2. For
			 purposes of determining experience qualification, the board shall not consider
			 the following:
a. any experience obtained in
			 violation of Ark. Code Ann. §
												20-24-108;
			 or
b. any experience obtained in
			 violation of any federal, state or local licensing or registration
			 requirements.
Q.
Continuing Education
1. Licensed inspectors and licensed elevator
			 mechanics must complete eight (8) contact hours or continuing education hours
			 every two calendar year beginning January, 2007. For any license renewed in
			 January 2009 or thereafter, the applicant must submit proof of having completed
			 this requirement.
2. A certificate
			 of completion provided to the course participant is sufficient for any course
			 pre-approved by the Elevator Safety Board. If the course has not been approved
			 by the Board, the licensee will not be given credit unless or until the Board
			 has approved the course.
3. A
			 course of training or education may be approved by the board by the submission
			 of an Application for Continuing Education Approval; an overview of the course
			 material; and a professional resume of the trainer.
4. A list of approved courses will be posted
			 on the agency's website or made available upon request to the Elevator Safety
			 Division.
R.
Grandfather Provision
1. An applicant
			 for an elevator mechanic's license who submits an application before August 12,
			 2006, may be licensed without examination if the applicant meets all other
			 requirements for licensure.
2. A
			 grandfather applicant who has not obtained a license or paid the required
			 license fee by January 1, 2007, shall be required to take an
			 examination.
3. The grounds or
			 basis for the proposed denial of a license will be set forth in writing by the
			 agency. The applicant may appeal the agency's determination to the Elevator
			 Safety Board by making a written request to the Board for a hearing within
			 thirty (30) days of the notice of denial. Any hearing on the denial of a
			 license will be conducted in accordance with Ark. Code Ann. §§
											25-15-208
			 and -213, and unless otherwise provided by law, the applicant has the burden of
			 establishing entitlement to the license.
S.
Prohibitions and Requirements
1. No elevator inspector shall inspect an
			 elevator, escalator, or dumbwaiter if the inspector, or any member of his
			 immediate family, has a financial interest in the building in which the
			 elevator, escalator, or dumbwaiter is located, or in any business which
			 occupies the building in which the elevator, escalator, or dumbwaiter is
			 located.
2. No elevator inspector
			 or any member of his immediate family shall have or maintain a financial
			 interest in any business which manufactures, installs, alters, or services
			 elevators, escalators, or dumbwaiters.
3. No elevator inspector shall recommend or
			 refer one of his clients or customers to a specific business, firm, or
			 corporation which manufactures, installs, repairs, alters, or services
			 elevators, escalators, or dumbwaiters.
4. Financial Disclosure. On or before the
			 last day of January of each year, all licensed elevator inspectors shall file
			 with the department a financial disclosure statement on forms provided by the
			 department and approved by the board. Such forms shall include, but not be
			 limited to, the following:
a. the name and
			 address of any corporation, firm, or enterprise in which the person has a
			 direct financial interest of a value in excess of one thousand dollars
			 ($1,000.00). Policies of insurance issued to himself or his spouse are not to
			 be considered a financial interest;
b. a list of every office or directorship
			 held by himself or his spouse, in any corporation, firm, or enterprise subject
			 to jurisdiction of the board;
c. a
			 list showing the name and address of any person, corporation, firm, or
			 enterprise from which the person received compensation in excess of one
			 thousand five hundred dollars ($1,500) during the preceding year; and
d. a list showing the name and
			 address of any person, corporation, firm, or enterprise from which the persons
			 received compensation in excess of twelve thousand five hundred dollars
			 ($12,500) during the preceding year.
5. An elevator contractor shall perform all
			 scheduled maintenance and required safety tests in a timely manner as notified
			 by the Elevator Safety Division.
6.
			 No elevator contractor shall employ helpers or apprentices not licensed as
			 elevator mechanics to erect, construct, alter, replace, repair, maintain,
			 remove, or dismantle any conveyance unless such helper or apprentice is working
			 under the direct supervision of a licensed elevator mechanic, except in a ratio
			 of 1 helper or apprentice to every one licensed elevator mechanic; or, in the
			 event of a crew of 5 or more workers, a ratio of 3 helpers or apprentices to
			 ever two licensed elevator mechanics. Notwithstanding the provisions of this
			 Rule, an industrial employer utilizing its own employees for repair or
			 alteration work on industrial property owned or leased by the employer, may
			 utilize a ratio of 4 helpers or apprentices to every one licensed elevator
			 mechanic.
010.05-011
New Construction and
			 Installation
A.
Minimum
			 Standards
1. All new elevators,
			 escalators, and dumbwaiters shall be constructed and installed in conformity
			 with the standards in The American Society of Mechanical Engineers Safety Code
			 for Elevators and Escalators, ASME A17.1 - 2004 and 2005 Supplement and 2005
			 Addenda. These standards are hereby adopted by reference and incorporated
			 herein.
2. The minimum standards
			 for the construction and installation of vertical platform lifts, inclined
			 wheelchair lifts, inclined stairway chairlifts and residential elevators shall
			 be ASME A18.1 2005, which is hereby adopted by reference and incorporated
			 herein.
3. This Rule does not
			 include any later amendments or editions of the standards incorporated by
			 reference.
4. Copies of these
			 standards incorporated by reference can be viewed in the offices of the
			 division or can be obtained by contacting the following:
American Society of Mechanical Engineers
22 Law Drive
P. O. Box 2300
Fairfield, NJ 07007-2300
1-800-843-27633.
www.asme.org
B.
Installation
			 Permit
1. Prior to the installation or
			 construction of any elevator, escalator, dumbwaiter or other conveyance, an
			 installation permit shall be obtained from the department. The installation
			 permit shall be posted at the job site in a conspicuous location near the
			 location of the conveyance prior to work beginning on the
			 installation.
2. Application for an
			 installation permit shall be made on a form furnished by the department and
			 shall be submitted by the installing contractor. The application shall require
			 the submission of detailed plans and specifications.
3. Upon receipt of an application for
			 installation, the required plans and specifications, and the required fee for
			 an installation permit, the department shall review the application for
			 compliance with the provisions of Ark. Code Ann. §
											20-24-101
et seq
. and these regulations. The department shall issue an
			 installation permit or shall notify the applicant in writing of the reasons the
			 installation permit is denied.
4.
			 Any applicant who has been denied an installation permit by the department may
			 appeal that denial to the Elevator Safety Board, provided a written request to
			 appeal is received by the department within thirty (30) days of the notice of
			 the denial.
C.
Inspection and Testing
1. Prior to the
			 operation of any new conveyance or the issuance of the operating permit, such
			 installation shall be inspected and tested in conformity with these regulations
			 by a licensed elevator inspector in the employ of the department or its
			 authorized representative.
2. An
			 inspection report shall be filed with the department by the inspector making
			 the inspection within thirty (30) days after completion of the inspection. The
			 inspection report shall be on a form furnished and approved by the department.
			 It shall indicate whether the conveyance was installed in accordance with the
			 plans and specifications approved by the department and meets the requirements
			 of Ark. Code Ann. §
											20-24-101
et seq
. and these regulations.
D.
Initial Operating Permit
1. The owner or operator of a conveyance
			 shall obtain an initial operating permit within seven (7) days after the
			 required date for filing the inspection report required by Ark. Code Ann.
			 §
											20-24-113(a)
			 and Rule 010.05 -011(C)(2)
			 herein.
2. No operating permit
			 shall be issued until all required fees have been paid.
3. If the inspection report required by Ark.
			 Code Ann. §
											20-24-113
			 and Rule 010.05 -011(C)(2) herein
			 indicates that there is a failure to comply with the plans and specifications
			 approved by the department, Ark. Code Ann. §
											20-24-101
et seq
., or these regulations, the operating permit shall be
			 denied. The department shall notify the owner or operator in writing of the
			 reasons for the denial of an operating permit.
4. Any owner or operator who has been denied
			 an operating permit by the department may appeal that denial to the Elevator
			 Safety Board, provided a written request to appeal is received by the
			 department within thirty (30) days of the notice of the denial.
E.
Fees
1. Installation permits.
a. The following fees shall be paid to the
			 department for installation permits:
Elevator
$ 150.00
Escalator or moving walk
200.00
Dumbwaiter
100.00
Wheelchair lift
100.00
Workmen's hoist
200.00
2. A fee of one hundred dollars ($100) shall
			 be paid for installation permits for all other types of conveyances.
3. A final inspection fee and the fee for the
			 initial operating permit are included in the installation permit fee. If a
			 scheduled final inspection is canceled without due notice to the department or
			 if the elevator is not complete in the judgment of the inspector, an additional
			 fee of one hundred dollars ($100.00) shall be charged to the elevator
			 contractor for an additional final inspection.
4. The fee for the operating permit is
			 established by Rule
			 010.05 -015(F).
010.05-012
Alterations
A.
Minimum
			 Standards
All alterations and major repairs to conveyances shall be made
				in conformity with the same standards as established by Rule
				010.05-011(A).
B.
Alteration Permit
1. Prior to the
			 alteration or major repair of any conveyance, an alteration permit shall be
			 obtained from the department.
2.
			 Application for an alteration permit shall be made on a form furnished by the
			 department and shall be submitted by the installing contractor. The application
			 shall require the submission of detailed plans and specifications.
3. Upon receipt of an application for
			 alteration or major repair, the required plan and specifications, and the
			 required fee for an alteration permit, the department shall review the
			 application for compliance with the provisions of Ark. Code Ann. §
											20-24-101
et seq
. and these regulations. The department shall issue an
			 alteration permit or shall notify the applicant in writing of the reasons the
			 alteration permit is denied.
4. Any
			 applicant who has been denied a permit for alteration or major repair by the
			 department may appeal that denial to the Elevator Safety Board, provided
			 written request to appeal is received by the department within thirty (30) days
			 of the notice of the denial.
C.
Inspection and Testing
1. Prior to the operation of any conveyance
			 which has undergone an alteration or major repair and prior to the issuance of
			 a new operating permit pursuant to Rule 010.05-012(D), such conveyance shall be
			 inspected and required safety tests witnessed by a licensed elevator inspector
			 in the employ of the department or its authorized representative.
2. An inspection report shall be filed with
			 the department by the inspector making the inspection within thirty (30) days
			 after completion of the inspection. The inspection report shall be on a form
			 approved by the department. It shall indicate whether the conveyance was
			 altered or repaired in accordance with the plans and specifications approved by
			 the department and meets the requirements of Ark. Code Ann. §
											20-24-101
et seq
. and these regulations.
3. The department shall mail a copy of the
			 inspection report to the installing contractor and the owner.
D.
Operating Permit
1. The owner or operator of a conveyance
			 which has undergone an alteration or major repair shall obtain a new operating
			 permit within seven (7) days after the required date for filing the inspection
			 required by Ark. Code Ann. §
											20-24-113(a)
			 and Rule 010.05-012(C) herein.
2.
			 No operating permit shall be issued until all the required fees have been
			 paid.
3. If the inspection report
			 required by Ark. Code Ann. §
											20-24-113
			 and Rule 010.05-012(C) herein indicates that there is a failure to comply with
			 the plans and specifications approved by the department, Ark. Code Ann. §
											20-24-101
et seq
., or these regulations, the operating permit shall be
			 denied. The department shall notify the owner or operator in writing of the
			 reasons for the denial of an operating permit.
4. Any owner or operator who has been denied
			 an operating permit by the department may appeal that denial to the Elevator
			 Safety Board, provided a written request to appeal is received by the
			 department within thirty (30) days of the notice of the denial.
E.
Fees
1. The fee for an alteration permit shall be
			 one hundred dollars ($100.00).
2. A
			 final inspection fee is included in the alteration permit fee. If a scheduled
			 final inspection is canceled without due notice to the department or if the
			 elevator is not complete in the judgment of the inspector, an additional fee
			 one hundred dollars ($100.00) shall be charged to the elevator contractor for
			 an additional final inspection.
3.
			 The fee for the operating permit is established by Rule 010.05-015(F)
			 herein.
010.05-013
Existing Elevators
A.
Minimum Standards
1. All conveyances shall be maintained by the
			 owner or lessee in a condition that conforms to the standards established by
			 the board which were in effect on the date of installation or the provisions of
			 ASME A17.3-2005, whichever are more stringent.
2. Notwithstanding the provisions of ASME
			 A17.3-2005, the owner or operator of any elevator without Phase I and Phase II
			 fire service shall have a period of five (5) years from the effective date of
			 these regulations or until alteration to install Phase I and Phase II fire
			 service, whichever occurs first.
3.
			 Notwithstanding the provisions of ASME A17.3-2005, Part
			 4.3.3 applicable to hydraulic
			 elevators, the owner or operator of any hydraulic elevator with a flat-bottom
			 jack shall be required to replace or retrofit to comply with A17.3, Part
			 4.3.3, within five (5) years from
			 the effective date of these regulations or alteration, whichever occurs
			 first.
4. This Rule does not
			 include any later amendments or editions of the standards incorporated by
			 reference.
5. Copies of these
			 standards incorporated by reference can be viewed in the offices of the
			 division or can be obtained by contacting the following:
American Society of Mechanical Engineers
22 Law Drive
P. O. Box 2300
Fairfield, NJ 07007-2300
1-800-843-2763
www.asme.org
B.
Operation
1. Any conveyance which
			 is out of operation or without an operating permit for twelve (12) months or
			 more shall have a safety test or leak down test and a pressure test performed
			 in the presence of a licensed elevator inspector in the employ of the
			 department or its authorized representative before a new operating permit can
			 be issued or before such can operate. Additionally, such conveyance shall
			 conform to the standards established by Rule
			 010.05 -011 or have a variance
			 issued pursuant to Rule
			 010.05 -016 before an operating
			 permit can be issued or before it can operate.
010.05-014
Periodic Inspections and
			 Testing
A.
Minimum
			 Standards
1. All inspections and
			 testing required by Ark. Code Ann. §
											20-24-101
et seq.
or these regulations shall be made in accordance with
			 the standards established by these regulations and the American Society of
			 Mechanical Engineers Guide for Inspection of Elevators, Escalators and Moving
			 Walks, ASME A17.2 -2001, which is hereby adopted and incorporated
			 herein.
2. This Rule does not
			 include any later amendments or editions of the standards incorporated by
			 reference.
3. Copies of these
			 standards incorporated by reference can be viewed in the offices of the
			 division or can be obtained by contacting the following:
American Society of Mechanical Engineers
22 Law Drive
P. O. Box 2300
Fairfield, NJ 07007-2300
1-800-843-2763
www.asme.org
B.
Periodic
			 Inspections
1.
a. The owner or lessee of every power
			 passenger elevator and escalator shall have it inspected periodically every
			 sixth (6th) calendar month following the month in which the initial inspection
			 was made.
b. The owner or lessee of
			 every power freight elevator and of every dumbwaiter and elevator driven by
			 manual power shall have it inspected periodically every twelfth (12th) calendar
			 month following the month in which the initial inspection was made.
2. Any inspection required by Ark.
			 Code Ann. §
											20-24-112(a)(3)
			 or this Rule
			 010.05 -014(B)(1):
a. may be made during the month following the
			 calendar month during which such inspection is due; and
b. shall be made only by elevator inspectors
			 licensed in accordance with the provisions of Ark. Code Ann. §
												20-24-108
			 and
			 20-24-109
			 and Rule 010.05 -010.
3. In addition to required inspections, the
			 department or its authorized representative may designate a licensed inspector
			 in its employ to make such additional inspections as may be required to enforce
			 the provisions of this chapter and these rules and regulations.
C.
Tests
1. All tests shall be made in accordance with
			 the applicable ASME Code as adopted herein.
2. Elevator inspectors shall not be required
			 to perform any tests.
3. Tests
			 required by these rules and regulations shall be made by a licensed elevator
			 mechanic in the presence of a licensed elevator inspector in the employ of the
			 department or its authorized representative.
D.
Inspection Reports
1. A report of every required inspection
			 shall be filed with the department or its authorized representative by the
			 inspector making the inspection, on a form approved by the department or its
			 authorized representative, within thirty (30) days after the inspection or test
			 has been completed.
2. In the event
			 the inspection report required by this Rule
			 010.05 -014(D)(1) and Ark. Code
			 Ann. §
											20-24-113 is
			 not filed within thirty (30) days after the final date when the conveyance
			 should have been inspected, the department shall designate a licensed inspector
			 in its employ to make the inspection and report required.
E.
Fees
1. For each inspection and report made at the
			 direction of the department, the owner, lessee, or insurance company
			 responsible for the report of inspection shall pay to the department a fee of
			 one hundred dollars ($100.00). The fee shall be paid directly to the department
			 and shall be the only fee or charges for which such owner, lessee, or insurance
			 company shall be liable for the inspection required by Ark. Code Ann. §
											20-24-112(a).
2. For witnessing the performance of all
			 safety tests required by Ark. Code Ann. §
											20-24-101
et seq.
or these regulations, the owner, lessee, or insurance
			 company responsible for the test shall pay to the department a fee of
			 seventy-five dollars ($75.00).
010.05-015
Operating Permit
A.
Permit Required
1. No conveyance shall operate unless the
			 owner or lessee has obtained an operating permit from the department. Operation
			 of a conveyance without a valid operating permit shall be grounds for:
a. an immediate order, or red-tag to
			 discontinue use, and
b. a fine
			 pursuant to Ark. Code Ann. §
												20-24-103
			 and Rule 010.05 -017.
2. An operating permit shall be issued for a
			 period of one (1) year and the expiration date shall appear on its
			 face.
B.
Display
The permit shall be posted conspicuously in the car of the
				elevator or lift and on or near the dumbwaiter or escalator.
C.
Permit Information
1. The operating permit shall reflect on its
			 face the following:
a. the state number, or AS
			 number, assigned by the department to that conveyance;
b. the type of equipment for which it is
			 issued;
c. in the case of
			 elevators, whether passenger or freight;
d. the owner or lessee to whom the permit is
			 issued;
e. the location of the
			 conveyance;
f. the contract load
			 and rated speed; and
g. the
			 expiration date.
2. In
			 addition to other requirements, the operating permit for vertical wheelchair
			 lifts, inclined wheelchair lifts, and inclined stairway chairlifts shall state
			 the following:
LIMITED USE ONLY - NOT FOR GENERAL PUBLIC USE
D.
Denial of an Operating
			 Permit
1. No operating permit shall be
			 issued if the fees required by Ark. Code Ann. §
											20-24-116 and
			 Rule 010.05 -015(F) herein have not
			 been paid.
2. The department may
			 deny an operating permit for cause, which shall include the failure to comply
			 with the provisions of Ark. Code Ann. §
											20-24-101
et seq.
; these rules and regulations; or the detailed plans
			 and specifications approved by the department at the time of installation. In
			 determining whether there exists cause to deny an operating permit, the
			 department may rely on an inspection report filed by a licensed elevator
			 inspector.
3. The department shall
			 notify the owner or lessee in writing of the reasons the operating permit is
			 denied; the changes necessary for compliance; and their right to appeal to the
			 Elevator Safety Board.
4. Any owner
			 or lessee who has been denied an operating permit by the department may appeal
			 that denial to the Elevator Safety Board, provided a written request to appeal
			 is received by the department within thirty (30) days of the notice of the
			 denial.
5. The Elevator Safety
			 Board may require, as a condition of maintaining his/her license, the presence
			 of any elevator inspector upon whose report the denial of an operating permit
			 was based at any hearing on such denial.
E.
Revocation of an Operating
			 Permit
1. The department may
			 immediately revoke an operating permit if it determines there is a failure to
			 comply with the provisions of Ark. Code Ann. §
											20-24-101
et seq.
; these rules and regulations; or the detailed plans
			 and specifications approved by the department at the time of installation and
			 such elevator, escalator or dumbwaiter is in an unsafe condition, so that its
			 continued operation may be dangerous to the public safety. In making such a
			 determination the department may rely on an inspection report filed by a
			 licensed elevator inspector.
2. In
			 order to immediately revoke an operating permit, the department shall place a
			 red tag or warning notice on or in the conveyance notifying the owner or lessee
			 and the public that its use has been ordered to be discontinued. Such warning
			 shall read as follows:
WARNING ORDER
The Arkansas Department of Labor has determined that this
				elevator or conveyance is in an unsafe condition, so that its continued
				operation would be dangerous. The Department of Labor has ordered that the use
				of this elevator or conveyance be discontinued until it has been made safe in
				conformity with Arkansas Law and the rules and regulations of the Arkansas
				Elevator Safety Board.
Continued operation of this elevator or conveyance or removal
				of this notice may result in criminal and/or civil penalties.
This action is taken pursuant to the authority granted by Ark.
				Code Ann. §§
												11-2-117(C)
				and
				20-24-116.
The specific conditions the Department of Labor has found which
				render this elevator unsafe are as follows:
This tag shall only be removed by authority of the Chief
				Elevator Inspector.
Director of Labor State of Arkansas
By:
Dated:
Arkansas Department of Labor 10421 West Markham Street Little
				Rock, Arkansas 72205
3. The
			 department's representative shall provide immediate written notice to the owner
			 or lessee or agent of either present at the location of the conveyance, which
			 notice shall include the following:
a. a copy
			 of the red tag or warning;
b. the
			 reason for revocation of the operating permit;
c. the changes necessary for compliance; and
d. the date, time, and place of a
			 hearing on the revocation before a hearing officer designated by the director
			 to hear such matters.
4.
			 In the event the owner or lessee or agent of either is not present at the
			 location of the conveyance, the department shall mail the notice required by
			 this Rule
			 010.05 -015(3) to the owner or
			 lessee within twenty-four (24) hours to the address on file with the
			 division.
5. The department shall
			 hold a hearing on the immediate revocation of an operating permit within five
			 (5) days of placing the red tag or warning on the conveyance. The department
			 may extend the time for holding such a hearing upon the request, in advance, of
			 the owner or lessee. The decision of the hearing officer shall constitute the
			 final action of the department.
6.
			 Any owner or lessee may appeal the department's final action on the immediate
			 revocation of an operating permit to the Elevator Safety Board, provided a
			 written request to appeal is received by the department within thirty (30) days
			 of the department's final action.
7.
a.
The department may request the Elevator Safety Board to revoke
				an operating permit if the department determines there is a failure to comply
				with the provisions of Ark. Code Ann. §
													20-24-101
et seq.
; these rules and regulations; or the detailed plans
				and specifications approved by the department at the time of installation. In
				determining whether there exists cause to seek revocation of an operating
				permit, the department may rely on an inspection report filed by a licensed
				elevator inspector.
b. The
			 department shall notify the owner or lessee in writing that it has requested
			 the revocation of the owner or lessee's operating permit; the reasons the
			 department is seeking the revocation; the changes the department contends are
			 necessary for compliance; and the date, time and place of a hearing before the
			 Elevator Safety Board.
c. If, after
			 hearing, the board determines that there has been a failure to comply as
			 alleged by the department, it shall revoke the operating permit of the owner or
			 lessee.
F.
Fees
1. The annual fee to be
			 charged for an operating permit is established by Ark. Code Ann. §
											20-24-116,
			 which provides:
a. Dumbwaiters ............ .
$30.00 annual
b. Elevators and wheelchair lifts. . . .
$50.00 annual
c. Escalators and moving walks. . . .
$85.00 annual
2. A
			 twenty percent (20%) penalty may be assessed when the fee is past due by thirty
			 (30) days.
3.
a.
The fee for a temporary operating permit on a new installation
				shall be one hundred dollars ($100.00) and shall be good for a period of thirty
				(30) days. It may be renewed for additional period of thirty (30) days for a
				fee of fifty dollars ($50.00). Retesting is required to renew after an initial
				sixty (60) days.
b. The fee
			 for a temporary operating permit for a workman's hoist shall be fifty dollars
			 ($50.00) and shall be good for a period of ninety (90) days.
G.
Requirement to
			 Keep Current Addresses on File
All owners or operators holding an operating permit issued by
				the agency are required to provide the agency with information so that the
				agency can remain in contact and provide notice of complaints and/or hearings.
				The permit holder is required to provide written notice to the division of any
				change in business and/or residence address within 10 working days of the
				change. Service of notices of hearing sent by mail will be addressed to latest
				address on file with the agency.
H.
Requirement to Report
			 Accidents
1. Any mechanical, structural
			 or electrical defects directly affecting rider safety for which a conveyance is
			 closed for use for a period of time more than eight (8) hours, must be reported
			 in writing by the owner or operator to the Department of Labor within
			 twenty-four (24) hours.
2. The
			 owner or operator shall immediately cease to operate any conveyance involved in
			 a fatality or serious physical injury, except to the extent necessary to
			 protect life, limb and property. Such accident shall be reported in writing by
			 the owner or operator within twenty-four (24) hours to the Department of Labor.
			 For the purposes of this requirement, the term "serious physical injury" shall
			 mean any significant injury that requires immediate medical examination or
			 treatment by a licensed physician.
3. Unless authorized in writing by the
			 department, no conveyance may be operated, altered, repaired, or tampered with,
			 except to protect life, limb and property, following an accident involving a
			 serious injury or death until the department has completed an investigation
			 concerning the accident.
010.05-016
V
			 ariances
A.
Generally
Ark. Code Ann. §
											20-24-106(d)
				authorizes the board in any particular case to grant exceptions and variances
				which shall only be granted where it is clearly evident that they are necessary
				in order to prevent undue hardship or where the existing conditions prevent
				compliance with the literal requirements of the rules and regulations. In no
				case shall any exception or variation be granted unless, in the opinion of the
				board, reasonable safety will be secured thereby.
B.
Application and Approval
1. An application for a variance shall be
			 complete and shall be submitted by the owner or a licensed elevator contractor
			 on behalf of the owner to the department on a form approved by the department.
			 The application shall be accompanied by the following:
a. detailed plans and specifications as
			 required by Rule
			 010.05 -011 or
			 010.05.012 herein;
b. a fee of one hundred dollars ($100.00);
			 and
c. a citation to the specific
			 standard(s) from which a variance is sought.
2. Failure to submit the items required by
			 Rules 010.05 -016 (B)(1) above shall
			 result in summary dismissal of the variance request or application.
3. The department shall review the
			 application for variance and its attachments. The department may conduct an
			 on-site inspection. The department shall prepare a staff report and
			 recommendation which shall include a copy of any inspection report and copies
			 or citations to any applicable ASME Code standards.
4. The department shall notify the applicant
			 for the variance of the date, time, and place of the hearing before the board
			 on the application for a variance. Such notice shall include a copy of the
			 department's staff report and recommendation.
5. After hearing, the board shall grant or
			 deny the variance. The board may grant a variance conditioned upon the
			 provision of alternate means of providing for public safety, or may grant a
			 variance for a limited time only.
6
			 If the board grants a variance, an order shall be issued by the board. Such an
			 order shall reflect the following:
a. the name
			 of the petitioner;
b. the state
			 number, or AS number, assigned by the department if it is an existing
			 conveyance;
c. the type of
			 equipment for which it is issued;
d. the owner or lessee on whose behalf the
			 variance is sought;
e. the location
			 of the elevator, escalator, or dumbwaiter or other conveyance; and
f. any conditions imposed by the
			 board.
C. The
			 owner or lessee shall maintain the variance order at the location of the
			 conveyance and make it accessible to any licensed elevator inspector.
D.
Specific Petitions
1. The board will not grant a variance to
			 permit the operation of an elevator for use by individuals with physical
			 disabilities or any other use except in compliance with the provisions of Part
			 V, Limited-Use/Limited-Application Elevators, ASME A17.1-2004 and 2005
			 Supplement and 2005 Addenda or A18.1 2005.
2. The board will not grant a variance to
			 permit the operation of a residential elevator in a non-residential
			 application.
3. The board
			 recognizes that installation of a conveyance is expensive. Therefore,
			 cost-savings alone is not evidence of an undue hardship.
010.05-017
Civil Fines and
			 Other Enforcement
A.
Civil fines,
			 Generally.
1. Ark. Code Ann. §
											20-24-103
			 provides that any person, owner, lessee, partnership, association, corporation
			 or inspector who violates any provision of Ark. Code Ann. §
											20-24-101
			 through
			 20-24-120
			 shall be subject to a civil fine of not less than five hundred dollars ($500)
			 and not more than one thousand dollars ($1000) for each offense.
2. Each day during which a violation
			 continues shall be a separate offense.
B.
Assessment of Fines
1. The Elevator Safety Division will notify
			 the person, owner, lessee, partnership, association, corporation, inspector,
			 licensee, or permitee of any assessment of a civil fine or penalty. Notice
			 shall be provided in the same manner as a notice of hearing provided for in
			 Ark. Code Ann. §
											25-15-208
			 and Rule 010.05-009 herein.
2. The
			 notice of a fine or penalty assessment shall include the following information:
a. the nature of the violation(s);
b. the date(s) of the violation(s);
c. the amount of the civil penalty or
			 fine;
d. a statement that the civil
			 fine or penalty will be final unless it is appealed to the Elevator Safety
			 Board by making a written request to the Board for a hearing within thirty (30)
			 days of the notice of assessment. Any hearing before the Board will be
			 conducted in accordance with Ark. Code Ann. §§
												25-15-208
			 and -213 and Rule 010.05-009 herein.
3. In determining the amount of the fine or
			 penalty, the division or the Board may consider those factors listed in Rule
			 010.05-009(R) herein.
4. The
			 division has the burden of proving the alleged facts and violations of law
			 stated in the notice.
5. No fine
			 shall be assessed later than two (2) years from the date of the occurrence of
			 the violation, unless such violation is continuing in nature.
C.
Payment of Fine
1. If a fine or penalty is not been paid with
			 sixty (60) days of the final administrative determination, the Director of the
			 Department of Labor may file a civil action in a court of competent
			 jurisdiction to recover the fine or penalty.
2. No license or permit may be renewed by any
			 licensee or permitee with an unpaid fine or penalty. Further, failure to pay a
			 fine or penalty shall be cause for revocation of any license or
			 permit.
D.
Injunction
In addition to other enforcement action, the Director is
				authorized to petition a court of competent jurisdiction to enjoin or restrain
				violations of Ark. Code Ann. §
											20-24-101
et seq.
010.05-018
Accessibility to the
			 Disabled
A.
1. In addition to the standards imposed by
			 Rules 010.05-011; 010.05-012; and 010.05.013 herein, the board hereby adopts
			 and incorporates herein the American National Standards Institute Standard for
			 Buildings and Facilities - Providing Accessibility and Usability for Physically
			 Handicapped People, ANSI A117.1, 2003.
2. This Rule does not include any later
			 amendments or editions of the standards incorporated by reference.
3. Copies of these standards incorporated by
			 reference can be viewed in the offices of the division or can be obtained by
			 contacting the following:
American National Standards Institute
25 West 43rd Street
New York, NY 10036
www.ansi.org
B. Braille tags. In all
			 publicly owned buildings containing passenger elevators, braille tags shall be
			 affixed on or immediately adjacent to all elevator pushbuttons, levers, or
			 switches in order that blind persons may operate the elevators properly without
			 assistance from sighted persons. "Publicly owned buildings" includes those
			 buildings which are owned or operated by a municipal, county, or state
			 government. This requirement does not apply to elevator pushbuttons located
			 outside the elevator car and used to call the elevator for travel "up" or
			 "down".
010-05-019
Other Appeals
As provided in Ark. Code Ann. §
										20-24-119:
(a) Any person aggrieved by an order or act
			 of the Department of Labor or its authorized representative under this chapter
			 may, within fifteen (15) days after notice thereof, appeal from the order or
			 act to the board which shall, within thirty (30) days thereafter, hold a
			 hearing of which at least fifteen (15) days written notice shall be given to
			 all interested parties.
(b) The
			 Elevator Safety Board shall, within thirty (30) days after the hearing, issue
			 an appropriate order modifying, approving, or disapproving the order or
			 act.
(c) A copy of the order by the
			 board shall be served upon all interested parties.
(d) Within thirty (30) days after any order
			 or act of the board, any person aggrieved thereby may file a petition in the
			 chancery court of the county in which the aggrieved person resides, for a
			 review thereof.
(e) The court shall
			 summarily hear the petition and may make appropriate order or decree.
010.05-018
Repealer,
			 Effective Date and History
A. All
			 previous rules and regulations of the Elevator Safety Board are hereby
			 repealed.
B. The effective date of
			 these rules and regulations is the 1st day of September 1, 2006.
C. History.
1. The Elevator Safety Board first
			 promulgated regulations effective August 27, 1963. These regulations were
			 amended effective May 8, 1964; May 4, 1965; July 1, 1968; April 1, 1969; May
			 19, 1969; September 19, 1969; and July 1, 1975.
2. All previous rules and regulations of the
			 Elevator Safety Board were repealed and new rules and regulations were adopted
			 effective February 1, 1994.
3. All
			 previous rules and regulations of the Elevator Safety Board were repealed and
			 new rules and regulations were adopted effective September 1, 2006.