17 CAR § 210-1001 – Nonlicensed persons performing electrical work

(a) The Board of Electrical Examiners of the State of Arkansas staff shall investigate complaints and allegations against any person or corporation not licensed by the board for violation of Arkansas Code §§ 17-28-101 et seq., the Arkansas Electrical Code Authority Act, Arkansas Code § 20-31-101 et seq., or the rules of the board adopted pursuant thereto.
(b) After investigation, the Chief Electrical Inspector shall make an initial determination of whether there has occurred a violation of Arkansas Code § 17-28-101 et seq., the Arkansas Electrical Code Authority Act, Arkansas Code § 20-31-101 et seq., or the rules of the board adopted pursuant thereto.
(c)
1. (1) Notification shall be mailed by certified mail to the last known address of any person or persons or corporation or corporations or other entity determined to be in violation.
2. (2) This notice shall conform to the requirements of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., and shall specifically contain a statement:
  1. (A) Of the allegations against the person or corporation;
  2. (B) That the person or corporation is entitled to a hearing before the board on the allegations, provided a written request for a hearing is received by the board within twenty (20) days of receipt of the notice; and
  3. (C) That the person or corporation's failure to make a written denial of the allegations within twenty (20) days of receipt of the notice or the failure to appear at any scheduled hearing will result in the Director of the Division of Labor seeking injunctive relief and/or filing a criminal complaint with the local prosecuting attorney.
(d) Notice of any scheduled hearing shall be mailed at least twenty (20) days prior to the hearing date.
(e) If the director finds that the public health, safety, or welfare imperatively requires emergency action, the director may petition a court of competent jurisdiction to enjoin or restrain any person or corporation from violating the provisions of Arkansas Code § 17-28-101 et seq., the Arkansas Electrical Code Authority Act, Arkansas Code § 20-31-101 et seq., or the rules of the board adopted pursuant thereto, without providing notice and the opportunity for hearing.
(f) No person licensed by this board shall employ unlicensed persons or unregistered apprentices to perform electrical work without an exemption.
(g)
1. (1) Any electrical work performed by a nonlicensed person that does not comply with the minimum standards established by Subpart 6 of this part, may be required to be removed at the discretion of a state electrical inspector.
2. (2)
  1. (A) The responsibility and costs for removal shall be that of the nonlicensed person.
  2. (B) In the event the nonlicensed person is employed by a licensed electrician or an electrical contractor, the responsibility and costs for removal shall be that of the licensee or the responsible master electrician employed by the contractor.