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235.13.1-V. Qualifications and Application for Licensure

AR ADC 235.13.1-VArkansas Administrative CodeEffective: June 2, 2022

West's Arkansas Administrative Code
Title 235. Arkansas Department of Labor and Licensing
Division 13. Heating, Ventilation, Air Conditioning and Refrigeration Licensing Board
Rule 1. Rules Pertaining to the Licensing of Heating, Ventilation, Air Conditioning and Refrigeration Contractors
Effective: June 2, 2022
Ark. Admin. Code 235.13.1-V
Formerly cited as AR ADC 007.24.7-V
235.13.1-V. Qualifications and Application for Licensure
Currentness
(A)
(1) Applicants for Class A, B, C, D or E licensure shall be at least (18) years of age.
(2) Applicants must make application to the department on forms prescribed by the Board.
(3) The Board shall approve an applicant for Class A, B, C, D or E licensure with examination provided that the applicant is currently licensed as a in another state or political subdivision of that state or territory, or district of the United States with which the Board has no reciprocity, but whose HVAC/R licensing laws are substantially similar to those of the State of Arkansas and:
1) Holds his or her occupational licensure in good standing;
2) Has not had his or her occupational licensure revoked for and an act of bad faith, a violation of law, rule, or ethics and is not holding a suspended or probationary license from any state, territory, or district of the United States;
3) Is sufficiently competent in his or her field, and;
4) Pays the required license fee.
In no case shall apprenticeship, education, or training be a prerequisite or condition for licensure.
In this section, “substantially similar” license means an occupational license from another state or political subdivision of that state or territory, or district of the United States that has adopted a national model mechanical code and utilizes a comprehensive examination created and proctored by a national examination agency or equivalent.
(4) Applicants for licensure must pass a Board approved examination if the candidate for licensing does not hold licensing in another state or political subdivision of that state or territory, or district of the United States.
(5) Applicants for licensure with no licensing background shall present satisfactory evidence of having at least two (2) years experience as an HVACR contractor or an employee of an HVACR contractor. The Board may substitute HVACR related educational training for experience provided that the educational training is approved by the Board. Copies of educational transcripts shall be provided prior to Board consideration.
a. The Board shall use the least restrictive requirements by allowing the licensing candidate to show proof of experience in the form of records, affidavits, or bona fide evidence from current or former employers, or persons who can attest to the applicant's work background as an HVACR contractor.
b. In no case shall apprenticeship, education, or training be a prerequisite or condition for licensure.
(6) A designated license holder is the Class A, B, C, D or E licensee who is responsible for the HVACR work performed. Employees of the designated license holder shall be a registrant, unless otherwise exempt. The designated license holder shall be solely responsible to maintain the registration of all employees required to be registered under Ark. Code 17-33-303(d) (3) and these rules.
(7) A person who designs HVACR systems, as a service to a licensee and does not charge for that service is not required to obtain an HVACR license.
(8) Criminal background checks shall not be required.
(B) Qualifications and Application for Lifetime Licensure
(1) Applicants for a Class “L” Lifetime license must be at least sixty-five (65) years of age.
(2) Prior to application, applicants must have been eligible for a Class A, Class B, Class C, Class D or Class E license.
(C) Temporary Permits or Provisional Licensing
(1) When requested, the Board shall immediately issue temporary revocable permits or provisional licensing to all Class A, B, C, D or E applicants upon receipt of the application under the following conditions:
a. The temporary permits or provisional licensing shall be granted for ninety (90) days in accordance with Section XIII (Reciprocity) unless the Board determines the candidate for licensing does not meet the criteria as noted in these rules in which case the temporary permit or provisional licensing shall be revoked. The Board may extend temporary permit or provisional licensing to exceed ninety (90) days if a hardship status is determined by the Board for the applicant;
b. Candidates for temporary permits or provisional licensing shall be required to attend the scheduled examinations unless official excused or forfeit temporary permit or provisional licensing.
c. The candidate holds his or her occupational licensure in good standing;
d. The candidate has not had his or her occupational licensure revoked for and an act of bad faith, a violation of law, rule, or ethics and is not holding a suspended or probationary license from any state, territory, or district of the United States;
e. The candidate is sufficiently competent in his or her field, and;
f. The candidate pays the required license fee.
(D) 1. An individual is not eligible to receive or hold a license issues by the Board if that individual has pleaded guilty or nolo contendere to or been found guilty of any of the offenses detailed in Ark. Code Ann. § 17-3-102 et. seq. by any court in the State of Arkansas or of any similar offense by a federal court, unless the conviction was lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013 § 16-90-1401 et. seq. or otherwise sealed pardoned or expunged under prior law.
2. The Board may grant a waiver as authorized by Ark. Code Ann. § 17-3-102 et. seq. in certain circumstances.
3. The Board is not authorized to conduct criminal background checks, but the Board may inquire about criminal convictions at the time of license application or the renewal of a license. Any applicant or licensee who provides false information to the Board may be subject to suspension, license revocation or the denial of a license.

Credits

Amended Oct. 1, 2020. Repealed and reenacted June 2, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 235.13.1-V, AR ADC 235.13.1-V
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