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235.03.3-017. Non-licensed Persons Performing Electrical Work

AR ADC 235.03.3-017Arkansas 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 235.03.3-017
Formerly cited as AR ADC 010.13.1-017
235.03.3-017. Non-licensed Persons Performing Electrical Work
Currentness
A. The Board staff shall investigate complaints and allegations against any person or corporation not licensed by the Board for violation of Ark. Code Ann. §§ 17-28-101 et seq.; 20-31-101 et seq.; or the rules of the Board adopted pursuant thereto.
B. After investigation, the Chief Electrical Inspector shall make an initial determination of whether there has occurred a violation of Ark. Code Ann. §§ 17-28-101 et seq.; 20-31-101 et seq.; or the rules of the Board adopted pursuant thereto.
C. Notification shall be mailed by certified mail to the last known address of any person(s) or corporation(s) or other entity determined to be in violation. This notice shall conform to the requirements of the Administrative Procedures Act, Ark. Code Ann. § 25-15-201 et seq. and shall specifically contain the following:
1. a statement of the allegations against the person or corporation;
2. a statement that the person or corporation is entitled to a hearing before the Board on the allegations, provided a written request for a hearing is received by the Board within twenty (20) days of receipt of the notice; and
3. a statement that the person or corporation's failure to make a written denial of the allegations within twenty (20) days of receipt of the notice or the failure to appear at any scheduled hearing will result in the director seeking injunctive relief and/or filing a criminal complaint with the local prosecuting attorney.
D. Notice of any scheduled hearing shall be mailed at least twenty (20) days prior to the hearing date.
E. If the director finds that the public health, safety, or welfare imperatively requires emergency action, the director may petition a court of competent jurisdiction to enjoin or restrain any person or corporation from violating the provisions of Ark. Code Ann. §§ 17-28-101 et seq.; 20-31-101 et seq.; or the regulations of the Board adopted pursuant thereto, without providing notice and the opportunity for hearing.
F. No person licensed by this Board shall employ unlicensed persons or unregistered apprentices to perform electrical work without an exemption.
G. Any electrical work performed by a non-licensed person that does not comply with the minimum standards established by Rule 010.13-008, may be required to be removed at the discretion of a state electrical inspector. The responsibility and costs for removal shall be that of the non-licensed person. In the event the non-licensed person is employed by a licensed electrician or an electrical contractor, the responsibility and costs for removal shall be that of the licensee or the responsible master electrician employed by the contractor.

Credits

Amended Aug. 12, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 235.03.3-017, AR ADC 235.03.3-017
End of Document