1. (a) Issued.

   1. (1) On satisfactory fulfillment of the certification requirements the executive secretary of the Drinking Water Advisory and Operator Licensing Committee shall issue a suitable license to the applicant designating their competency.

   2. (2) The license shall state the:

      1. (A) Licensed individual’s name;
      2. (B) License grade; and
      3. (C) License number.

2. (b) Permanent. The license shall be permanent unless:

   1. (1) Revoked for cause;
   2. (2) Replaced by a higher grade license;
   3. (3) Invalidated due to 17 CAR § 51-114(a); or

   4. (4) Invalidated due to obtaining or renewing the license through:

      1. (A) Fraud;
      2. (B) Deceit; or
      3. (C) The submission of inaccurate qualifications or renewal data.

3. (c) Endorsement.

   1. (1) Required qualifications. An applicant applying for reciprocal licensure shall meet the following requirements:

      1. (A)

4. (i) The applicant shall hold a substantially similar license in another United States jurisdiction.

   1. (ii) A license from another state is substantially similar to an Arkansas water operator license if the other state’s licensure qualifications require:
5. (a) (a) A high school diploma or GED;

6. (b) (b) Drinking water training similar to Table 2;

   1. (c) (c) Passing of proficiency test meeting, 17 CAR § 51-108(a); and

      1. (d) (d) Training instruction for license maintenance similar to 17 CAR § 51-114(a).

         1. (iii) The applicant shall hold his or her occupational licensure in good standing.
         2. (iv) The applicant shall not have had a license revoked for:
7. (a) (a) An act of bad faith; or

8. (b) (b) A violation of law, rule, or ethics.

   1. (v) The applicant shall not hold a suspended or probationary license in a United States jurisdiction;

      1. (B) The applicant shall be sufficiently competent in drinking water treatment for treatment license or water distribution for distribution license; and

      2. (C)

         1. (i) The applicant should have knowledge and necessary skills to operate and maintain:
9. (a) (a) Water treatment plants for treatment license; and

10. (b) (b) Water distribution for distribution license.

    1. (ii) These skills will include:
11. (a) (a) Basic algebra, chemistry, and biology knowledge; and

12. (b) (b) Mechanical and laboratory aptitude.

    1. (2)

       1. (A) Required documentation an applicant shall submit are:

          1. (i) A fully executed application;
          2. (ii) The required fee; and
          3. (iii) The documentation described below.

       2. (B) As evidence that the applicant’s license from another jurisdiction is substantially similar to Arkansas’s, the applicant shall submit the following information:

          1. (i)
13. (a) (a) Evidence of current and active licensure in that state.

14. (b) (b) The committee may verify this information:

    1. (1) (1) Online if the jurisdiction at issue provides primary source verification on its website; or

    2. (2) (2) By telephone to the other state’s licensing board; and

       1. (ii)
15. (a) (a) Evidence that the other state’s licensure requirements match those listed in subdivision (c)(1)(A) of this section.

16. (b) (b) The State Board of Health may verify this information online or by telephone to the other state’s licensing board.

    1. (C) To demonstrate that the applicant meets the requirements in subdivision (c)(1)(A) the applicant shall provide the board with:

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

          1. (ii)

17. (a) (a) 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:

    1. (1) (1) Has not had his or her license revoked for the reasons listed in subdivision (c)(1)(A)(iv) of this section; and
    2. (2) (2) Does not hold a license on suspended or probationary status as described in subdivision (c)(1)(A)(v) of this section.

18. (b) (b) The board may verify this information:

    1. (1) (1) Online if the jurisdiction at issue provides primary source verification on its website; or

    2. (2) (2) By telephone to the other state’s licensing board.

       1. (D) 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 pass an appropriate grade water treatment or water distribution license exam.

       2. (E) The following documentation must be provided:

          1. (i) Proof license is current;
          2. (ii) List of all state licenses as called for in subdivision (c)(2)(C)(i) of this section; and
          3. (iii) Letters and other documents called for in subdivision (c)(2)(C)(ii) of this section.

    3. (3) Temporary and provisional license.

       1. (A) The board shall issue a temporary and provisional license immediately upon receipt of the:

          1. (i) Application;
          2. (ii) Required fee; and
          3. (iii) Documentation required under subdivisions (c)(2)(B) and (C) of this section.
       2. (B) The temporary and provisional license shall be effective for at least ninety (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 subdivision (c)(1) of this section, in which case the provisional and temporary license shall be immediately revoked.

       3. (C) An applicant may:

          1. (i) Provide the rest of the documentation required above in order to receive a license; or
          2. (ii) Only provide the information necessary for the issuance of a temporary and provisional license.
          3. (d) Reciprocity from state not offering reciprocity to Arkansas water operators.

    4. (1) The board shall require an applicant to:

       1. (A) Take the mandatory license training as shown in Table 2; or
       2. (B) 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 Arkansas Code § 17-1-108.

    5. (2) Reciprocity in another state will be considered similar to reciprocity under Arkansas Code § 17-1-108 if the reciprocity provisions in the other state:

       1. (A) Provide the least restrictive path to licensure for Arkansas applicants;
       2. (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; and
       3. (C) Do not require Arkansas applicants to take a state-specific education unless required to do so under the same conditions described in Arkansas Code § 17-1-108.

19. (e) License for person from state that does not license water operators.

    1. (1) Required qualifications. An applicant from a state that does not license drinking water treatment or distribution operators shall meet the following requirements:

       1. (A) The applicant shall be sufficiently competent in drinking water treatment for treatment license or water distribution for distribution license; and

       2. (B) The applicant must:

          1. (i) Meet the mandatory license training as shown in Table 2;
          2. (ii) Pass an appropriate grade water treatment or water distribution license exam; and
          3. (iii) Fulfill the experience requirements listed in 17 CAR § 51-109.

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

       1. (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 pass an appropriate grade water treatment or water distribution license exam; and

       2. (B) The applicant must document:

          1. (i) Attendance completion of the mandatory license training as shown in Table 2;
          2. (ii) Passing the appropriate grade water treatment or water distribution license exam; and
          3. (iii) Fulfillment of the experience requirements listed in 17 CAR § 51-109 for the license.

20. (f) Automatic licensure.

    1. (1) Definitions. As used in this subsection:

       1. (A) “Automatic licensure” means granting the occupational licensure without an individual having met occupational licensure requirements provided:

          1. (i) Under the Arkansas Code; or
          2. (ii) By other provisions in this part;

       2. (B) “Automatic occupational licensure” means granting of occupational licensure to an individual who establishes residency in this state without the individual’s having met occupational licensure requirements provided:

          1. (i) Under Title 17 of the Arkansas Code; or
          2. (ii) By the rules of the relevant occupational licensing entity;

       3. (C) “Uniformed service member” means an:

          1. (i) Active or reserve component member of the:
21. (a) (a) United States Air Force;

22. (b) (b) United States Army;

    1. (c) (c) United States Coast Guard;

       1. (d) (d) United States Marine Corps;
23. (e) (e) United States Navy;
24. (f) (f) United States Space Force; or

25. (g) (g) National Guard;

    1. (ii) Active component member of the National Oceanic and Atmospheric Administration Commissioned Officer Corps; or

       1. (iii) Active or reserve component member of the United States Commissioned Corps of the Public Health Service; and
       2. (D) “Uniformed service veteran” means a former member of the United States uniformed services discharged under conditions other than dishonorable.

    2. (2) Applicability. This section applies to a:

       1. (A) Uniformed service member stationed in the State of Arkansas;
       2. (B) Uniformed service veteran who resides in or establishes residency in the State of Arkansas; or

       3. (C) The spouse of subdivision (f)(2)(A) or (f)(2)(B) of this section including a uniformed service member who is:

          1. (i) Assigned a tour of duty that excludes the spouse from accompanying the uniformed service member and the spouse relocates to Arkansas; or
          2. (ii) Killed or succumbs to his or her injuries or illness in the line of duty if the spouse establishes residency in Arkansas.

    3. (3) Automatic licensure.

       1. (A) Automatic licensure shall be granted to persons listed in subdivision (f)(2) of this section if the person:

          1. (i) 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
          2. (ii) Pays the applicable licensure fees in 17 CAR § 51-111.

       2. (B) Automatic Occupational Licensure for Out-of-State Licensure Act, Acts 2023, No. 457.

          1. (i) An applicant shall be eligible for automatic occupational licensure if:

26. (a) (a) The applicant is either:

    1. (1) (1) In good standing for at least one (1) year for Water Operator License with similar scope of practice issued by another state, territory, or district of the United States; or
    2. (2) (2) Has worked for at least three (3) years in the water operator occupation in another state, territory, or district of the United States that does not use a Water Operator License;

27. (b) (b) The applicant does not have a disqualifying criminal offense under Arkansas Code § 17-3-102 or under any additional state law relating to the Water Operator Licensure;

    1. (c) (c) The applicant does not have a complaint, allegation, or investigation pending in his or her occupational activity in this state or in the state of the applicant’s previous residency where the Water Operator Licensure was granted; and

       1. (d) (d) The applicant passes an examination specific to relevant state laws that regulate the water operator occupation.

          1. (ii) The Department of Health may waive the requirement for the applicant to pass an examination specific to relevant state laws that regulate water operator occupation if the department finds that:
28. (a) (a) The combination of the applicant’s education, training, and experience is a sufficient substitute for the state law examination requirements; and

29. (b) (b) A waiver by the department will not harm public health, safety, or welfare.

    1. (iii) Upon the applicant being granted automatic occupational licensure, the applicant shall:
30. (a) (a) Meet all the Water Operator Licensure requirements;

31. (b) (b) Meet all renewal requirements of the Water Operator Licensure, including, without limitation, a criminal background check and continuing education hours; and

    1. (c) (c) Pay the licensure fee in 20 CAR § 51-110(a).
    2. (4) Credit toward initial licensure. Relevant and applicable uniformed service education, training, national certification, or service-issued credential shall be accepted toward initial licensure.

    3. (5) Expiration dates and continuing education.

       1. (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.
       2. (B) A uniformed service member or spouse shall be exempt from continuing education requirements in subsection (a) of this section for one hundred eighty (180) days following the date of the uniformed service member’s return from deployment.
       3. (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.

32. (g) Suspension.

    1. (1) The department, with the knowledge and approval of the Secretary of the Department of Health shall suspend a water operator’s license or 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. (A) Has practiced fraud or deception;
       2. (B) Has not used reasonable care or 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 noncompliance with any state or federal requirement; or
       3. (C) Is incompetent, unable, or not willing to perform their duties properly. (2) The suspension or denial shall remain in effect until the committee reviews the case.

33. (h) Revocation.

    1. (1) The committee shall hold a public hearing into the suspension.
    2. (2) The department will present its case and the water operator will have the opportunity to present his or her defense.
    3. (3) The committee shall then uphold or deny the suspension.

    4. (4) If the suspension is upheld, the committee shall:

       1. (A) Report the findings of the public hearing to the board; and
       2. (B) Recommend the license remain suspended for a recommended time period or be revoked.

    5. (5) The board shall then reinstate, suspend, or revoke the license.

       1. (i) Reinstatement.
    6. (1) 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 reinstate the license, with or without conditions.
    7. (2) If the license is reinstated, payment of the applicable fees under 117 CAR § 51-111(c) and (f) must be remitted.

Codification Notes: "GED" means general educational development test.