Home Table of Contents

007.40.2-V. Licensing of Contractors and Consultants

AR ADC 007.40.2-VArkansas Administrative CodeEffective: September 27, 2021

West's Arkansas Administrative Code
Title 007. Department of Health
Division 40. Center for Public Health Practice
Rule 2. Rules Pertaining to Lead-Based Paint Activities
Effective: September 27, 2021
Ark. Admin. Code 007.40.2-V
Formerly cited as AR ADC 007.04.11-V
007.40.2-V. Licensing of Contractors and Consultants
Currentness
(a) Licensing
(1) All contractors or consultants which perform or offer to perform any of the lead -- based paint activities described in this rule shall be licensed by the Department.
(2) A contractor or consultant seeking licensing shall submit to the Department a letter attesting that the contractor or consultant shall only employ appropriately certified employees to conduct lead -- based paint activities; that the contractor or consultant and its employees shall follow the work practice standards in this rule for conducting lead -- based paint activities; and the contractor or consultant will maintain a supervisor present during all lead -- based paint activities.
(3) From the date of receiving a complete application, proof of liability insurance coverage, which covers lead -- based paint activities, the contractor or consultant's letter, any applicable fees, and the disclosure statement for firms, the Department shall have 90 days to approve or disapprove the contractor or consultant's request for certification. Within that time, the Department shall respond with either a license or a letter describing the reasons for a disapproval. In the case of disapproval, the applicant may appeal this decision. The Department may, at its discretion, work with the contractor or consultant to address inadequacies in the application for licensing. The Department may also request additional materials retained by the training program. If a contractor or consultant's application is disapproved, the contractor or consultant may reapply at any time with the submission of applicable fees.
(4) The contractor or consultant shall maintain all records as follows:
(A) All reports and plans required by this rule shall be maintained by the licensed contractor or consultant who prepared the report for no fewer than three years; and
(B) The licensed contractor or consultant shall provide copies of these reports to the building owner who contracts for its services;
(b) Suspension, revocation, and modification of licensing of firms engaged in lead -- based paint activities
The Department may, after notice and opportunity for hearing, suspend, revoke, deny, or modify a firm's certification if a firm has:
(1) Performed work requiring certification at a job site with individuals who are not certified;
(2) Failed to comply with the work practice standards established in this rule;
(3) Misrepresented facts in its letter of application for certification to the Department;
(4) Failed to maintain required records; and
(5) Failed to comply with federal or state lead -- based paint environmental statutes or rules.
(c) Appeal
(1) Any contractor or consultant may request a hearing on any decision of the Director to revoke, modify, or suspend a certification or a license.

Credits

Adopted Dec. 11, 2020; Sept. 27, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 007.40.2-V, AR ADC 007.40.2-V
End of Document