(a)

1. (1) Applicants for Class A, B, D, E, or registrant to a class holder shall be at least eighteen (18) years of age.
2. (2) Applicants must make application to the Department of Labor and Licensing on forms prescribed by the HVACR Licensing Board.

3. (3)

   1. (A) The board shall approve an applicant for Class A, B, D, or E licensure with examination provided that the applicant is currently licensed 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 HVACR licensing laws are substantially similar to those of the State of Arkansas and:

(i) Holds his or her occupational licensure in good standing;

1. (ii) Has not had his or her occupational licensure revoked for 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;

   1. (iii) Is sufficiently competent in his or her field, and;

      1. (iv) Pays the required license fee.
   2. (B) In no case shall apprenticeship, education, or training be a prerequisite or condition for licensure.
   3. (C) 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.
2. (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.

3. (5)

   1. (A)

      1. (i) 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.
      2. (ii)

(b) (b) Copies of educational transcripts shall be provided prior to board consideration.

1. (B) 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.

   1. (C) In no case shall apprenticeship, education, or training be a prerequisite or condition for licensure.

2. (6)

   1. (A) A designated license holder is the Class A, B, D, or E licensee who is responsible for the HVACR work performed.
   2. (B) Employees of the designated license holder who perform HVACR work shall be registrants, unless otherwise exempt.
   3. (C) The designated license holder shall be solely responsible to maintain the registration of all employees required to be registered under Arkansas Code § 17-33-303(d)(3) and this part.
3. (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.
4. (8) Criminal background checks shall not be required.

(b) Qualifications and application for lifetime licensure.

1. (1) Applicants for a Class “L” lifetime license must be at least sixty-five (65) years of age and have been licensed by the board for ten (10) consecutive years.

2. (2) Only class holders with a current a Class A, Class B, Class D, or Class E license in good standing with the board are eligible.

   1. (c) Temporary license. When requested, the board shall immediately issue temporary licensing to all Class A, B, D, or E applicants upon receipt of the application under the following conditions:
3. (1) The temporary licensing shall be granted for ninety (90) days in accordance with 17 CAR § 261-112, License by reciprocity, unless the board determines the candidate for licensing does not meet the criteria as noted in this part in which case the license shall be revoked.
4. (2) Candidates for temporary licensing shall schedule to take the HVACR exam within sixty (60) days unless they officially forfeit their temporary license;
5. (3) The candidate holds his or her occupational licensure in good standing;
6. (4) The candidate has not had his or her occupational licensure revoked for 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;
7. (5) The candidate is sufficiently competent in his or her field; and

8. (6) The candidate pays the required license fee.

   1. (d)
9. (1) An individual is not eligible to receive or hold a license issued by the board if that individual has pleaded guilty or nolo contendere to or been found guilty of any of the offenses detailed in Arkansas Code § 17-3-102 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, Arkansas Code § 16-90-1401 et seq., or otherwise sealed, pardoned, or expunged under prior law.
10. (2) The board may grant a waiver as authorized by Arkansas Code § 17-3-102 et seq., in certain circumstances.

11. (3)

    1. (A) 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.

    2. (B) Any applicant or licensee who provides false information to the board may be subject to:

       1. (i) Suspension;
       2. (ii) License revocation; or
       3. (iii) Denial of a license.