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007.04.14-XIV. Licenses

AR ADC 007.04.14-XIVArkansas Administrative CodeEffective: August 1, 2022

West's Arkansas Administrative Code

Title 007. Department of Health

Division 04. Environmental Health Services

Rule 14. Rules Pertaining to Water Operator Licensing (Refs & Annos)

Effective: August 1, 2022

Ark. Admin. Code 007.04.14-XIV

Formerly cited as AR ADC 007.04.14-XIII; AR ADC 007.18.1-XII

007.04.14-XIV. Licenses

Currentness

A. Issued

On satisfactory fulfillment of the certification requirements the Executive Secretary of the Committee shall issue a suitable license to the applicant designating their competency. The license shall state the licensed individual's name, the license grade and the license number.

B. Permanent

The license shall be permanent unless revoked for cause; replaced by a higher grade license; invalidated due to Section XIV, Subsection A; or invalidated due to obtaining or renewing the license through fraud; deceit; or the submission of inaccurate qualifications or renewal data.

C. Endorsement

1. Required Qualifications. An applicant applying for reciprocal licensure shall meet the following requirements:

a. The applicant shall hold a substantially similar license in another United States jurisdiction.

1) A license from another state is substantially similar to an Arkansas Water Operator license if the other state's licensure qualifications require:

a) High School Diploma or GED

b) Drinking Water training similar to Table 2

c) Passing of proficiency test meeting SECTION VIII.A

d) Require Training instruction for License maintenance similar to SECTION XIV. A

2) The applicant shall hold his or her occupational licensure in good standing;

3) The applicant shall not have had a license revoked for:

a) An act of bad faith; or

b) A violation of law, rule, or ethics;

4) The applicant shall not hold a suspended or probationary license in a United States jurisdiction;

b. The applicant shall be sufficiently competent in drinking water treatment for treatment license or water distribution for distribution license; and

c. Applicant should have knowledge and necessary skills to:

1) Operate and maintain water treatment plants for treatment license.

2) Operate and maintain water distribution for distribution license.

3) These skills will include:

a) Basic algebra, chemistry and biology knowledge; and,

b) Mechanical and laboratory aptitude.

2. Required documentation an applicant shall submit are a fully-executed application, the required fee, and the documentation described below:

a. As evidence that the applicant's license from another jurisdiction is substantially similar to Arkansas', the applicant shall submit the following information:

1) Evidence of current and active licensure in that state. The Committee may verify this information online if the jurisdiction at issue provides primary source verification on its website or by telephone to the other's state's licensing board; and

2) Evidence that the other state's licensure requirements match those listed in 1.a. The Board may verify this information online or by telephone to the other's state's licensing board.

b. To demonstrate that the applicant meets the requirements in 1.a. 1). through 4)., the applicant shall provide the Board with:

1) The names of all states in which the applicant is currently licensed or has been previously licensed;

2) Letters of good standing or other information from each state in which the applicant is currently or has ever been licensed showing that the applicant has not had his license revoked for the reasons listed in 1.a.3) and does not hold a license on suspended or probationary status as described in 1.a.4). The Board may verify this information online if the jurisdiction at issue provides primary source verification on its website or by telephone to the other's state's licensing board.

c. As evidence that the applicant is sufficiently competent in the field of drinking water treatment for treatment license or water distribution for distribution license, an applicant shall:

1) Pass an appropriate grade water treatment or water distribution license exam

d. The following documentation must be provided:

1) Proof License is current

2) List of all state licenses as called for in C.2.b.1)

3) Letters and other documents called for in C.2.b.2)

3. Temporary and Provisional License

a. Board shall issue a temporary and provisional license immediately upon receipt of the application, the required fee, and the documentation required under C.2.a. and b.

b. The temporary and provisional license shall be effective for [at least 90 days] [or] [until the Board makes a decision on the application], unless the Board determines that the applicant does not meet the requirements in sections C.1.a. & b. & c., in which case the provisional and temporary license shall be immediately revoked.

c. An applicant may provide the rest of the documentation required above in order to receive a license, or the applicant may only provide the information necessary for the issuance of a temporary and provisional license.

D. Reciprocity from State not Offering Reciprocity to Arkansas Water Operators

1. The Board shall require an applicant to take the mandatory license training as shown in Table 2 or document substantially equivalent training to Table 2 requirements if the applicant is licensed in another state that does not offer reciprocity to Arkansas residents that is similar to reciprocity provided to out-of-state applicants in A.C.A. § 17-1-108.

2. Reciprocity in another state will be considered similar to reciprocity under A.C.A. § 17-1-108 if the reciprocity provisions in the other state:

a. Provide the least restrictive path to licensure for Arkansas applicants;

b. Do not require Arkansas applicants to participate in the apprenticeship, education, or training required as a prerequisite to licensure of a new professional in that state, except that the state may require Arkansas applicants to participate in continuing education or training that is required for all professionals in that state to maintain the licensure.

c. Do not require Arkansas applicants to take a state-specific education unless required to do so under the same conditions described in A.C.A. § 17-1-108.

E. License for Person from State that doesn't License Water Operators

1. Required Qualifications. An applicant from a state that does not license Drinking Water Treatment or Distribution Operators shall meet the following requirements:

a. The applicant shall be sufficiently competent in drinking water treatment for treatment license or water distribution for distribution license; and

b. The applicant must:

1) Meet the mandatory license training as shown in Table 2

2) Pass an appropriate grade water treatment or water distribution license exam

3) Fulfill the Experience requirements listed in Section IX

2. Required documentation an applicant shall submit are fully-executed application, the required fee, and the documentation described below:

a. As evidence that the applicant is sufficiently competent in the field of drinking water treatment for treatment license or water distribution for distribution license, an applicant shall:

1) Pass an appropriate grade water treatment or water distribution license exam

2) The applicant must:

a) Document attendance completion of the mandatory license training as shown in Table 2;

b) Document passing the appropriate grade water treatment or water distribution license exam; and,

c) Document fulfillment of the experience requirements listed in Section IX for the license.

F. Automatic Licensure

1. Definitions

a. “Automatic licensure” means granting the occupational licensure without an individual having met occupational licensure requirements provided under the Arkansas Code or by other provisions in these Rules.

b. “Uniformed service member” means an active or reserve component member of the United States Air Force, United States Army, United States Coast Guard, United States Marine Corps, United States Navy, United States Space Force, or National Guard; an active component member of the National Oceanic and Atmospheric Administration Commissioned Officer Corps; or an active or reserve component member of the United States Commissioned Corps of the Public Health Service.

c. “Uniformed service veteran” means a former member of the United States uniformed services discharged under conditions other than dishonorable.

2. Applicability

a. This Rule applies to a:

1) uniformed service member stationed in the State of Arkansas;

2) uniformed service veteran who resides in or establishes residency in the State of Arkansas;

3) The spouse of (1) or (2) including a:

uniformed service member who is assigned a tour of duty that excludes the spouse from accompanying the uniformed service member and the spouse relocates to Arkansas; or,

uniformed service member who is killed or succumbs to his or her injuries or illness in the line of duty if the spouse establishes residency in Arkansas.

3. Automatic Licensure

a. Automatic Licensure shall be granted to persons listed in Section 2 (a) if:

The person is a holder in good standing of occupational licensure with similar scope of practice issued by another state, territory, or district of the United States and;

The person pays the licensure fee in Section XI.A

4. Credit toward initial licensure

Relevant and applicable uniformed service education, training, or service-issued credential shall be accepted toward initial licensure for a uniformed service member or a uniformed service veteran who makes an application within one (1) year of his or her discharge from uniformed service.

5. Expiration Dates and Continuing Education

a. A license expiration date shall be extended for a deployed uniformed service member or spouse for one hundred eighty (180) days following the date of the uniformed service member's return from deployment.

b. A uniformed service member or spouse shall be exempt from continuing education requirements in Section XIV.A for one hundred eighty (180) days following the date of the uniformed service member's return from deployment.

c. Any uniformed service member or spouse exercising the exemption shall provide evidence of completion of continuing education before renewal or grant of a subsequent license.

G. Suspension

The Department with the knowledge and approval of the Director of the Arkansas Department of Health shall suspend a Water Operator's license, Operator-In-Training certificate or deny issuance of a license or certificate for cause, including but not limited to when it is found the license holder, operator in training or applicant:

1. Has practiced fraud or deception;

2. That reasonable care, judgment, or the application of their knowledge or ability was not used in the performance of their duties that resulted in water quality being compromised or any non-compliance with any state or federal requirement;

3. That the license holder, operator in training or applicant is incompetent, unable or not willing to perform their duties properly.

The suspension or denial shall remain in effect until the Committee reviews the case.

H. Revocation

The Committee shall hold a public hearing into the suspension. The Department will present their case and the Water Operator will have the opportunity to present his or her defense. The Committee shall then uphold or deny the suspension. If the suspension is upheld, the Committee shall report the findings of the Public Hearing to the Board and recommend the license remain suspended for a recommended time period or be revoked. The Board shall then reinstate, suspend or revoke the license.

I. Reinstatement

Any Licensed Water System Operator or Operator-In-Training who for any reason, other than revocation, desires to have a license reinstated may request, in a hearing before the Committee; that the Committee re-instate the license, with or without conditions. If the license is re-instated, payment of the applicable fees under Section XI, Subsection C and F must be remitted.

Credits

Amended Oct. 10, 2020; Aug. 1, 2022.

Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.

Ark. Admin. Code 007.04.14-XIV, AR ADC 007.04.14-XIV

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