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235.03.3-013. Licenses

AR ADC 235.03.3-013Arkansas 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 235.03.3-013
Formerly cited as AR ADC 010.13.1-013
235.03.3-013. Licenses
A. Generally
1. All division action regarding licensure shall be governed by Ark. Code Ann.§§ 17-28-201 et seq. and Ark. Code Ann. §§ 20-31-101 et seq. and these Rules.
2. The Board is required to oversee electrician examination and licensure, conduct examinations of persons who apply for an electrician's license, grant licenses to qualifying applicants who have paid the prescribed fee, and revoke or suspend the license of any licensee or the certification of any electrical apprentice for cause.
B. Requirement to Keep Current Address on File; Post License Number and Keep License Available
1. All persons holding a license or permit issued by the Board are required to provide the Board with information so that the Board can remain in contact and provide notice of complaints and/or hearings. The licensee is required to provide written notice to the Board of any change in business and/or residence address within ten (10) working days of the change. Service of notices of hearing sent by mail will be addressed to latest address on file with the Board.
2. The license number of the responsible master electrician and the company name shall be displayed on a sign at all job sites that do not have a permit issued by a city or county building code enforcement authority. The sign shall be a minimum of 12 inches by 12 inches and include the name of the electrical contractor, license number of the responsible master, and telephone number, in contrasting colors to the sign color with a minimum letter size of 1.5 inches.
3. All licensed electricians and apprentices shall have on their person or immediately available, their license and a form of identification with a photo at all times during which the licensee is performing electrical work. The license and photo identification shall be provided to any state or local government electrical inspector or building inspector or fire marshal upon request.
C. Review of Application
The application and supporting documentation will be reviewed by the the Chief Electrical Inspector or his designee. The Chief Electrical Inspector will inform the applicant in writing if he or she 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 Chief Electrical Inspector will reinitiate action on the application for license. If all requirements of are met, the applicant will be allowed to take the licensing examination.
D. Expiration, Reinstatement and Renewal
1. Licenses shall expire on the date indicated on the license. Licenses shall expire on the last day of the month, one year following the date of issue. Such licenses may be renewed as provided herein. All licenses originally issued prior to the adoption of this rule shall continue to expire as indicated on the license.
2. Licenses may be renewed for one (1) year in the last year of an NEC cycle, two (2) years in the second year of an NEC cycle, or three (3) years in the first year of an NEC cycle upon a payment of fifty dollars ($50.00) per year for a master electrician's license; fifty dollars ($50.00) per year for a residential master electrician's license; twenty-five dollars ($25.00) per year for a journeyman electrician's license; twenty-five dollars ($25.00) per year for a residential journeyman electrician's license; twenty-five ($25.00) per year for an air conditioning electrician's license; twenty-five dollars ($25.00) per year for an industrial maintenance electrician's license; and twenty-five dollars ($25.00) per year for a specialist sign electrician's license.
3. A license may be renewed within thirty-six (36) months of the expiration date by paying the renewal fees stated in Rule 010.13-013(D)(2), a late fee equal to one (1) year of the renewal fee plus ten dollars ($10.00) for each calendar month between the expiration date indicated on the license and the date of the application for renewal, and any outstanding monetary civil penalty.
4. A license may be renewed after thirty-six (36) months from the expiration date, by paying the renewal fee stated in Rule 010.13-013(D)(2) plus a penalty of one thousand dollars($1,000).
5. The Board may, after hearing, deny renewal or reinstatement of a license for cause. An applicant for renewal or reinstatement of a license may obtain a temporary license to expire on the date of his or her hearing before the Board.
6. Reinstatement
a. Notwithstanding any rule to the contrary, an individual may seek reinstatement under this subsection, provided the applicant for reinstatement demonstrates that he or she:
i. was previously licensed by the Board at any time;
ii. was licensed in good standing at the time of licensing;
iii. did not have his or her license revoked for: an act of bad faith or a violation of law, rule or ethics;
iv. is not holding a suspended or probationary license in a sister state; and
b. Apprenticeship training is not required of applicants for reinstatement who are qualified pursuant to Rule 010.13-013(D)(6)(a) above.
c. Continuing education requirements apply to a reinstated licensee in the same manner as other licensees.
d. An applicant for reinstatement shall not be required to comply with the requirements of Rule 010.13-013(D)(6)(a) if the applicant meets the requirements for reciprocity pursuant to Rule 010.13-016.
e. An application for reinstatement may be reviewed and approved for examination by the Division of Labor's Code Enforcement Manager.
E. No person, firm, or corporation licensed under the provisions of Ark. Code Ann. § 17-28-l0l et seq., shall alter, transfer, lend or rent his, her or its license.
F. If any applicant passing any class of examination does not obtain an initial license within one (1) year following the last day of the month in which the examination was taken, the applicant shall be required to take another examination as authorized by the Board before a license is issued. Grandfather applicants that have not obtained a license within one (1) year of approval shall be required to take an examination as authorized by the Board.
G. Electrical Contractors
An applicant for an electrical contractor's license shall submit to the Board the following:
1. an application on a form approved by the Board; and
2. proof that the applicant is a licensed master electrician or employs a licensed master electrician; and
3. if the applicant is not a master electrician, a statement from the master electrician, under oath, disclosing the master electrician's affiliation with any other electrical contractor and verifying that the master electrician is employed as the superintendent or manager of the applicant contractor.
H. Apprentices
1. Upon employing an electrical apprentice to work at the trade, the electrical contractor/master electrician shall within thirty (30) days register such apprentice with the Board, the Arkansas Office of Skills Development, Department of Commerce, and the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OAT). The apprentice must begin school no later than the first full semester following the date of hire. In the event that school begins more than ninety (90) days from the hire date, the employer shall, in the interim, provide the apprentice with technically related instruction pursuant to the guidelines of the U. S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OAT).
2. An applicant for registration as an electrical apprentice shall submit the following:
a. an application on a form approved by the Board;
b. a registration fee of ten dollars ($10.00);
c. satisfactory proof that the applicant is enrolled in and attending a school or training course for electrical apprentices certified by the OAT.
3. Apprentice registration certificates shall be valid for one (1) year. They shall expire on the last day of the month, one (1) year from the date of issue.
4. Apprentice registration certification may be renewed by payment of a ten dollar ($10.00) renewal fee and submission of satisfactory proof of current enrollment in and attendance of a training program approved by the OAT.
5. An apprentice who has successfully completed a certified school or training program and has been released for testing may continue to renew his or her apprentice registration card, if otherwise qualified, without enrolling in a school or training program. Such an apprentice may work as a fourth year apprentice for the purpose of Rule 010.13-013(H)(6) for a period of six (6) months. If an apprentice has not passed the journeyman electrician examination within six (6) months of completing apprenticeship school, the apprentice shall be subject to the same supervision as a third year apprentice pursuant to Rule 010.13-013(H)(6).
6. Ratios and Supervision
a. No journeyman or master electrician shall employ or supervise electrical apprentices at a ratio greater than three (3) apprentices to one (1) journeyman or one (1) master electrician on a single electrical job.
b. An apprentice electrician shall not engage in electrical work unless he or she is supervised by a master electrician or a journeyman electrician.
c. Observation of apprentices' work. The supervising electrician shall observe the work of an apprentice electrician in person at regular and reasonable intervals. “Regular and reasonable intervals” shall mean a minimum of the following:
i. For work on 1-2 family dwellings:
A. an apprentice in the first 90 days of employment shall be under the direct, immediate, and continuous supervision of the supervising master or journeyman; and
B. an apprentice employed from the 91st day of employment through 2 years shall have his or her work observed by the supervising master or journeyman every 2-3 hours and before the work is operational, before it is considered complete, and before it is covered.
ii. or work on all projects other than 1-2 family dwellings:
A. For a first year apprentice, the supervising electrician shall observe the apprentice's work on a direct and continuous basis;
B. For a second year apprentice, the supervising electrician shall observe the apprentice's work every 30 minutes to 1 hour and before the electrical work is operational, before it is considered complete, and before it is covered;
C. For a third year apprentice, the supervising electrician shall observe the apprentice's work every 2-3 hours and before the work is operational, before it is considered complete, and before it is covered; and
D. For a fourth year apprentice, the supervising electrician shall observe the apprentice's work before the work is operational, before it is considered complete, and before it is covered.
d. Proximity to apprentices. The supervising electrician shall remain within reasonable proximity to an apprentice electrician while electrical work is being performed. The proximity of the supervising electrician to the apprentice electrician is reasonable if:
i. The supervising electrician is:
A. within the line of sight of the apprentice electrician; or
B. at the same street address at which the apprentice electrician is working; or
ii. The job site is not a single-family residence, requires a contractor's license, and the supervising electrician is within the line of sight of the apprentice electrician.
e. The responsible master electrician is responsible for all the electrical work performed by an apprentice. This means that it is the supervising electrician's initial responsibility and ultimately the responsible master's obligation to ensure that all electrical work performed by the apprentice is performed in compliance with the standards adopted by these rules.
7. Classroom Study
The Career Education and Workforce Development Board, through the Arkansas Office of Skills Development, shall oversee related classroom study of apprentices.
8. A certificate of registration may be revoked by the Board for cause. This includes, but is not limited to the following:
a. Expulsion from or dropping from the training program approved by the OAT.
b. Performing electrical work which is not performed under the supervision of a licensed master or journeyman electrician; or
c. Performing electrical work outside the employment of the apprentice's mentoring or sponsoring electrician or electrical contractor.
9. A licensed electrician shall verify the work hours of any apprentice who has been in his/her employ the previous four (4) years at the request of the Department of Labor and Licensing; the Arkansas Office of Skills Development, Department of Commerce,; the Office of Apprenticeship; and any local apprenticeship committee. Failure to comply with such a request may result in the assessment of civil money penalties and the revocation or suspension of a license.
I. Temporary licenses
1. The Board shall issue a temporary license as a master electrician or journeyman electrician for a period of six (6) months, upon submission by the applicant of the following:
a. A temporary license fee in the amount of $50 for a master electrician and $25 for a journeyman electrician;
b. A completed application on a form provided by the Board; and
c. Evidence that the applicant holds a current license of the same classification issued by another state or has otherwise met the experience qualifications established in Rule 010.13-012(B) or (C).
2. A temporary license may be renewed one (1) time only for industrial projects, upon submission by the applicant of the items listed in Rule 010.13-013(1)(a) above.
3. The Director of the Division of Occupational and Professional Licensing Boards and Commissions may renew a temporary license as a master electrician or journeyman electrician issued by the Board for more than one (1) additional period of six (6) months, if;
a. The renewal is for work to be performed on a specific industry project;
b. The Director of the Division determines that the additional renewal is necessary because actual construction will exceed one (1) year and an insufficient number of licensed electricians is available to perform the necessary work;
c. The temporary license is restricted to the industry projects for which it is issued; and
d. A temporary license fee in the amount of $50 for a master electrician and $25 for a journeyman electrician is paid.
4. The Board may issue and renew a temporary license as a master electrician or journeyman electrician for regularly scheduled or emergency maintenance work or shut-downs of not longer than six (6) weeks on industry projects as defined by Ark. Code Ann. § 17-28-102(f).

Credits

Amended July 31, 2009; April 21, 2016; Aug. 12, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 235.03.3-013, AR ADC 235.03.3-013
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