235.18.2-224-25-5-13. Definitions
AR ADC 235.18.2-224-25-5-13Arkansas Administrative CodeEffective: August 6, 2022
Effective: August 6, 2022
Ark. Admin. Code 235.18.2-224-25-5-13
Formerly cited as AR ADC 033.00.2-224-25-5-13
235.18.2-224-25-5-13. Definitions
(b) Qualifying party: A person who has passed the appropriate examination or is the experience qualifier for the licensee. To act as a “qualifying party” a person must be either: (1) a sole owner; (2) a partner of the partnership; (3) an officer of the corporation who is actively engaged in the day to day activities of the company; (4) a member of the Limited Liability Company who is actively engaged in the day to day activities of the company; (5) a partner of the Limited Liability Partnership who is actively engaged in the day to day activities of the company; or (6) a full time employee.
(c) Full time employee: A person who is an actual employee of the business, not an independent contractor. The person must work, on average, 30 or more hours a week for the business (1500 hours per year), must not be paid as an independent contractor (not receive a “1099” for his earnings but receive a “W-2” for his earnings). A full time employee is not someone who is hired “job to job” as needed. Other factors to be considered in making this determination include, but are not limited to: whether the business pays for workman's compensation insurance on the individual, whether the business pays payroll taxes on the individual, the amount of control the business has over the activities of the individual, the ownership of the tools used by the individual and, whether the individual maintains his own business separate from the business in question.
Credits
Amended Feb. 22, 2012.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 235.18.2-224-25-5-13, AR ADC 235.18.2-224-25-5-13
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