(a)

1. (1) Any agency contracting with the Arkansas Energy Office of the Division of Environmental Quality for weatherization funds may expend weatherization funds up to a maximum average of forty percent (40%) for contract labor used to upgrade units under the Arkansas Weatherization Assistance Program guidelines.
2. (2) Such expenditure may be made only in instances where the total program support cost does not exceed that allowable in the state weatherization plan.

(b) The forty percent (40%) maximum average contract labor limit may be exceeded by meeting the following conditions:

1. (1) Submission of justification for exceeding the limit; and
2. (2) Obtaining written approval from the Director of the Arkansas Energy Office.