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235.03.3-012. Qualification for Examination and Licensure

AR ADC 235.03.3-012Arkansas Administrative CodeEffective: August 12, 2022

West's Arkansas Administrative Code
Title 235. Arkansas Department of Labor and Licensing
Division 3. Arkansas Appraiser Licensing and Certification Board
Rule 3. Administrative Rules of the Arkansas Board of Electrical Examiners State of Arkansas
Effective: August 12, 2022
Ark. Admin. Code 235.03.3-012
Formerly cited as AR ADC 010.13.1-012
235.03.3-012. Qualification for Examination and Licensure
A. Pre-Licensure Criminal Background Check
1. Pursuant to Ark. Code Ann. § 17-3-103, an individual may petition for a pre-licensure determination of whether the individual's criminal record will disqualify the individual from licensure and whether a waiver may be obtained.
2. The individual must obtain the pre-licensure criminal background check petition form from the Board.
3. The Board will respond with a decision in writing to a completed petition within a reasonable time.
4. The Board's response will state the reason(s) for the decision.
5. All decisions of the Board in response to the petition will be determined by the information provided by the individual.
6. Any decision made by the Board in response to a pre-licensure criminal background check petition is not subject to appeal.
7. The Board will retain a copy of the petition and response and it will be reviewed during the formal application process.
B. All applications for licensure of any class must be received by the Board five (5) business days prior to the date of the scheduled meeting of the Board. After review of the applications, the Board will issue a list of approved applicants eligible for examination.
C. Waiver Request
1. If an individual has been convicted of an offense listed in A.C.A. § 17-3-102(a) or -102(e), the Board may waive disqualification of a potential applicant or revocation of a license based on the conviction if a request for a waiver is made by:
a. An affected applicant for a license; or
b. An individual holding a license subject to revocation.
2. The Board may grant a waiver upon consideration of the following, without limitation:
a. The age at which the offense was committed;
b. The circumstances surrounding the offense;
c. The length of time since the offense was committed;
d. Subsequent work history since the offense was committed;
e. Employment references since the offense was committed;
f. Character references since the offense was committed;
g. Relevance of the offense to the occupational license; and
h. Other evidence demonstrating that licensure of the applicant does not pose a threat to the health or safety of the public.
3. A request for a waiver, if made by an applicant, must be in writing and accompany the completed application and fees.
4. The Board will respond with a decision in writing and will state the reasons for the decision.
5. An appeal of a determination under this section will be subject to the Administrative Procedure Act § 25-15-201 et seq.
D. An applicant for a master electrician's license shall have:
1. a degree in electrical engineering plus two (2) years of construction related experience; or
2. six (6) years experience in the construction industry, both residential and commercial, including two (2) years experience as a licensed journeyman electrician; or
3. any combination of training and experience as the Board may approve, such as formal electrical apprenticeship programs specifically approved by the board, on-the-job training specifically approved by the Board, or a combination of training and construction experience that is determined by the Board to be equivalent to that as specified in paragraph 010.13-012(B)(1) or (2) above.
E. An applicant for a journeyman electrician license shall have the following qualifications, as appropriate:
1. Applicants who completed an apprenticeship program. Applicants who have completed a 4-year electrical construction apprenticeship program approved by the U. S. Department of Labor, Bureau of Apprenticeship and Training shall have:
a. a “Notice of Apprenticeship Committee Action -- Released for Test/Completion” form from the applicant's training program and approved by the Arkansas Office of Skills Development; or
b. if the applicant completed an apprenticeship program in another state, certification from the Bureau of Apprenticeship and Training or the state agency responsible for oversight of apprenticeship programs of completion.
c. The Board may approve an applicant without a Released for Test form in extenuating circumstances.
2. Applicants who seek reciprocity. Applicants who seek reciprocity shall have certification from the sister state that:
a. the applicant is currently licensed as a journeyman and in good standing;
b. the applicant has held his/her license in the sister state for a period of one (1) year; and
c. the applicant was tested in the sister state.
3. Applicants who have not completed an apprenticeship program. Applicants who have not completed a 4-year electrical construction apprenticeship program approved by the Bureau of Apprenticeship and Training shall have 8 years (16,000 hours) of electrical construction experience or training as may be approved by the Board. This training or experience may include electrical experience gained in the military. See Rule 010.13-012(1) for experience that does not qualify.
F. An applicant for an industrial maintenance electrician's license shall have:
1. four (4) years experience under the supervision of an engineer, master electrician, journeyman electrician or industrial maintenance electrician in the maintenance of electrical conductors and equipment; or
2. any combination of training and experience as the Board may approve, such as formal apprenticeship programs approved by the Board, on-the-job training specifically approved by the Board, public or private electrical training programs, such as those conducted by the armed forces, colleges, or vocational-technical schools, specifically approved by the Board, or a combination of training and electrical maintenance experience that is determined by the Board to be equivalent to that as specified in paragraph 010.13-012(0)(1) above.
G. An applicant for a residential master electrician's license shall have:
1. three (3) years experience in the wiring of one (1) or two (2) family dwellings including one (1) year experience as a licensed residential journeyman; or
2. any combination of training and experience as the Board may approve as being equivalent to that as specified in paragraph 010.13-012(E)(1) above.
H. An applicant for a residential journeyman license shall have:
1. two (2) years experience in the wiring of one (1) or two (2) family dwellings;
2. a two-year combination of training and experience as the Board may approve, such as formal apprenticeship programs approved by the Board; and
3. a signed letter from the applicant's school verifying the applicant's hours.
I. An applicant for an air conditioning electrician's license shall have:
1. two (2) years experience in wiring HVACR equipment; or
2. any combination of experience and training as the Board may approve as being equivalent to that as specified in paragraph 010.13-012(G)(1) above.
3. the experience required in paragraph 010.13-012(G)(1) may be demonstrated by having held for two years:
a. a HVACR electrician's license issued by an Arkansas municipality, or
b. a HVACR Class A or Class B license issued by the state HVACR Licensing Board.
J. An applicant for a specialist sign electrician's license shall have:
1. two (2) years experience working for an electrical sign company or a licensed electrical licensee performing the work of installing, maintaining and repairing electrically illuminated or operated signs and gaseous tubing for illumination, making all connection to an approved outlet of sufficient capacity within twenty-five (25) feet of the sign to be connected; or
2. any combination of training and experience as the Board may approve as being equivalent to that as specified in paragraph 010. 13-012(H)(1) above.
3. Applicants for a specialist sign electrician license pursuant to the provisions of this chapter shall be exempt from the examination requirement of § 17-28-203, provided that the applicant:
a. Is qualified by experience requirements specified in 010.13-012(H)(1) or (2); and
b. Has not had a municipal electrician's license or a state electrician's license of any classification revoked or suspended for cause; and
c. Submits the appropriate fee: and
d. Applies for a license prior to September 1, 2009.
4. This license shall not be required of any Board licensee currently qualified to perform the type of work described by 010.13-012(H)(l).
5. All licensed specialist sign electricians shall submit to the Department a list of any employees performing work as described in Rule 010.13-012(H). All such work shall be performed under direct supervision of a licensed sign electrician or other electrical licensee authorized to perform this type of work.
6. A specialist sign electrician shall qualify for an endorsement on his or her license authorizing the licensee to maintain and repair parking lot lights upon successfully passing a separate examination as approved by the Board.
K. For the purpose of determining experience qualification, the Board shall not consider the following:
1. any experience obtained in violation of Ark. Code Ann. § 17-28-304 (Repl. 2001) which required a state electrician's license beginning July 1, 1998; or
2. any experience obtained in a sister state in violation of that state's licensing or registration requirements.
L. Work experience shall be documented by official transcripts, notarized letters or affidavits from past or present employers, official letters from other licensing boards detailing the duration and character of the work, or equivalent evidence. Letters and employment verification shall be dated within six (6) months of application. Employment verification from the Social Security Administration may be required.
M. The Board shall grant a license to an applicant who fulfills the Arkansas requirements for licensure and is a person who holds a Federal Form I-766 United States Citizenship and Immigration Services-issued Employment Authorization Document, known popularly as a “work permit.”
N. The Board shall waive the initial licensing fee if the applicant:
1. Is receiving assistance through the Arkansas Medicaid Program; the Supplemental Nutrition Assistance Program; the Special Supplemental Nutrition Program for Women, Infants, and Children; the Temporary Assistance for Needy Families Program; or the Lifeline Assistance Program;
2. Was approved for unemployment within the last twelve (12) months; or
3. Has an income that does not exceed two hundred percent (200%) of the federal poverty income guidelines.

Credits

Amended Feb. 1, 2010; Aug. 12, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 235.03.3-012, AR ADC 235.03.3-012
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