1. (a) General.

   1. (1) All action of the Elevator Safety Board or the Elevator Safety Section regarding licensure shall be governed by Arkansas Code § 20-24-101 et seq., this part, and, when applicable, Arkansas Code §§ 25-15-208 – 25-15-213.

   2. (2) The board is responsible for licensure of:

      1. (A) Elevator inspectors, Arkansas Code § 20-24-108(a);
      2. (B) Elevator mechanics, Arkansas Code § 20-24-108(b); and
      3. (C) Elevator contractors, Arkansas Code § 20-24-108(c).

2. (b) Requirement to keep current address on file.

   1. (1) All persons holding a license issued by the agency are required to provide the Elevator Safety Section with information so that the board can remain in contact and provide notice of complaints and/or hearings.
   2. (2) The licensee is required to provide written notice to the board of any change in business and/or residence address within ten (10) working days of the change.
   3. (3) Service of notices of hearing sent by mail will be addressed to latest address on file with the board.

3. (c) Review of application.

   1. (1) The application and supporting documentation will be reviewed by staff of the Elevator Safety Section.
   2. (2) The Elevator Safety Section will inform the applicant in writing if it determines that the application is incomplete, and will specify why the application is incomplete.
   3. (3) When a completed application, a supplemental application, or the requested information is returned, the Elevator Safety Section will reinitiate action on the application for license.
   4. (4) If all requirements are met, the applicant will be licensed.

4. (d) Denial of license.

   1. (1) If a preliminary determination is made that the application should be denied, the Elevator Safety Section will inform the applicant of the opportunity for a hearing on the application.

   2. (2)

      1. (A) The grounds or basis for the proposed denial of a license will be set forth in writing by the Elevator Safety Section.
      2. (B) The applicant may appeal the Elevator Safety Section’s determination to the board by making a written request to the board for a hearing within thirty (30) days of the notice of denial.
      3. (C) Any hearing on the denial of a license will be conducted in accordance with Arkansas Code §§ 25-15-208 and 25-15-213, and unless otherwise provided by law, the applicant has the burden of establishing entitlement to the license.

5. (e) Suspension, revocation, annulment, or withdrawal.

   1. (1) Prior to the entry of a final order to suspend, revoke, annul, or withdraw a license, or to impose other sanctions upon a licensee, the Elevator Safety Section will serve the licensee a notice of hearing in the manner set out in Arkansas Code § 25-15-208 and 20 CAR § 881-109.
   2. (2) The Elevator Safety Section has the burden of proving the alleged facts and violations of law stated in the notice.

6. (f) Emergency action.

   1. (1)

      1. (A) If the board finds that the public health, safety, or welfare imperatively requires emergency action and incorporates that finding in its order, the board can summarily suspend, limit, or restrict a license.
      2. (B) The notice requirement in 20 CAR § 881-109(g) does not apply and must not be construed to prevent a hearing at the earliest time practicable.

   2. (2) Emergency order.

      1. (A) An emergency adjudicative order must contain written findings that the public health, safety, and welfare imperatively require emergency action to be taken by the board.
      2. (B) The written order must include notification of the date on which board proceedings are scheduled for completion.

   3. (3) Written notice.

      1. (A) The written emergency adjudicative order will be immediately delivered to persons who are required to comply with the order.
      2. (B) One (1) or more of the following procedures will be used:

7. (i) Personal delivery;

   1. (ii) Certified mail, return receipt requested, to the last address on file with the board;

      1. (iii) First-class mail to the last address on file with the board;

         1. (iv)
8. (a) (a) Fax.

9. (b) (b) Fax may be used as the sole method of delivery if the person required to comply with the order has filed a written request that Elevator Safety Section orders be sent by fax and has provided a fax number for that purpose; or

   1. (v) Oral notice.

      1. (C) Unless the written emergency order is served by personal delivery on the same day that the order issues, the Elevator Safety Section shall make reasonable immediate efforts to contact by telephone the persons who are required to comply with the order.
   2. (4) Unless otherwise provided by law, within ten (10) days after emergency action taken pursuant to subdivision (f)(1) of this section, the Elevator Safety Section must initiate a formal suspension or revocation proceeding.
10. (g) Voluntary surrender of license. The licensee, in lieu of formal disciplinary proceedings, may offer to surrender his or her license, subject to the board’s determination to accept the proffered surrender, rather than conducting a formal disciplinary proceeding.

11. (h) Duty of a sanctioned licensee. In every case in which a license is revoked, suspended, or surrendered, the licensee shall, within thirty (30) days of the revocation, suspension, or surrender, do the following:

    1. (1) Return his or her license and any license pocket cards to the Elevator Safety Section’s office;

    2. (2) Notify all of his or her clients and employer in writing that his or her license has been:

       1. (A) Revoked;
       2. (B) Suspended; or
       3. (C) Surrendered;
    3. (3) Notify all clients and employer to make arrangements for other services, calling attention to any urgency in seeking the substitution of another licensee;
    4. (4) Deliver to all clients or employer any papers or property to which they are entitled, or notify the client or employer of a suitable time and place where the papers and other property may be obtained, calling attention to any urgency for obtaining the papers or other property;
    5. (5) Refund any part of the fees paid in advance that have not been earned;
    6. (6) Keep and maintain a record of the steps taken to accomplish the foregoing;

    7. (7)

       1. (A) File with the Elevator Safety Section a list of all other state, federal, and administrative jurisdictions by which he or she is licensed.

       2. (B) Upon such filing, the agency will notify those entitled of the:

          1. (i) Revocation;
          2. (ii) Suspension; or
          3. (iii) Surrender; and

    8. (8)

       1. (A) The licensee shall, within thirty (30) days of revocation, suspension, or surrender of the license, file an affidavit with the Elevator Safety Section that he or she has fully complied with the provisions of the order and completely performed the foregoing or provide a full explanation of the reasons for his or her noncompliance.

       2. (B) Such affidavit shall also set forth the address where communications may thereafter be directed to the respondent.

          1. (i) Reinstatement after suspension.
    9. (1) An order suspending a license may provide that a person desiring reinstatement may file with the Director of the Division of Labor a verified petition requesting reinstatement.

    10. (2) The petition for reinstatement must set out the following:

        1. (A) That the individual has fully and promptly complied with the requirements of subsection (h) of this section pertaining to the duty of a sanctioned professional;
        2. (B) That the individual has refrained from practicing in this occupation or business during the period of suspension;
        3. (C) That the individual’s license fee is current or has been tendered to the Elevator Safety Section; and
        4. (D) That the individual has fully complied with any requirements imposed as conditions for reinstatement.
    11. (3) Any knowing misstatement of fact may constitute grounds for denial or revocation of reinstatement.
    12. (4) Failure to comply with the provisions of subdivisions (h)(7) and (8) of this section precludes consideration for reinstatement.
    13. (5) No individual will be reinstated unless the board approves reinstatement by majority vote.

12. (j) Relicensure for revoked or surrendered license.

    1. (1)

       1. (A) No individual who has had his or her license revoked or who has surrendered his or her license will be licensed, except on petition made to the board.
       2. (B) The application for relicensure is not allowed until at least two (2) years after the revocation or surrender of license took effect.

    2. (2) The applicant bears the burden of proof that he or she:

       1. (A) Is rehabilitated following the revocation or surrender of his or her license;
       2. (B) Can engage in the conduct authorized by the license without undue risk to the public health, safety, and welfare; and
       3. (C) Is otherwise qualified for the license pursuant to Arkansas Code § 20-24-101 et seq.
    3. (3) The board may impose any appropriate conditions or limitations on a license to protect the public health, safety, and welfare.
    4. (4) The board may require that the person seeking relicensure take the licensing examination.

13. (k) Inspectors.

    1. (1) Qualifications. An applicant for an elevator inspector’s license shall complete an application approved by the board and shall have:

       1. (A) At least four (4) years verified experience in designing, installing, maintaining, or inspecting conveyances;

       2. (B)

          1. (i) Successfully passed the written examination for elevator inspectors administered by an accredited ASME testing facility and evidenced by certification of the applicant as a qualified elevator inspector.
          2. (ii) This is commonly referred to as being QEI certified;

       3. (C)

          1. (i) No financial interest in any business or operation which manufactures, installs, repairs, modifies, or services conveyances and have submitted a financial disclosure statement on a form approved by the Elevator Safety Section.
          2. (ii) This qualification does not prohibit employees of insurance companies insuring conveyances in Arkansas from obtaining a license as an elevator inspector;
       4. (D) Submitted proof of insurance by an insurance company authorized to do business in Arkansas of general liability coverage for at least one million dollars ($1,000,000) for injury or death of a person and five hundred thousand dollars ($500,000) for property damage; and
       5. (E) Tendered a license fee in the amount of one hundred dollars ($100).

    2. (2) License renewal. An application for renewal shall be submitted no later than January 31 of each calendar year, regardless of the date of issue or renewal and shall be submitted with:

       1. (A) A license fee in the amount of one hundred dollars ($100);
       2. (B) Proof of insurance as required by subdivision (k)(1) of this section;
       3. (C) An annual financial disclosure statement on a form approved by the Elevator Safety Section; and
       4. (D) Proof of completion of eight (8) contact hours or continuing education hours every two (2) years in a course of training or instruction approved by the board as required by subsection (q) of this section.

    3. (3) Elevator inspectors in the employ of the Department of Labor and Licensing are exempt from payment of licensing fees and fees for renewal of license.

       1. (l) Elevator contractors.

    4. (1) Qualifications. An applicant for an elevator contractor’s license shall complete an application approved by the board and shall have:

       1. (A) A permanent office located in the State of Arkansas with an individual designated by the contractor to receive notices on behalf of the contractor or be currently registered with the Secretary of State with a designated agent for service of process who is also authorized to receive notices on behalf of the contractor;
       2. (B) Submitted verification of employment of a licensed elevator mechanic;
       3. (C) Submitted proof of insurance by an insurance company authorized to do business in Arkansas of general liability coverage for at least one million dollars ($1,000,000) for injury or death of a person and five hundred thousand dollars ($500,000) for property damage; and
       4. (D) Tendered a license fee in the amount of two hundred fifty dollars ($250).

    5. (2) License renewal. An application for renewal shall be submitted no later than January 31 of each calendar year, regardless of the date of issue or renewal and shall be submitted with:

       1. (A) A license fee in the amount of two hundred fifty dollars ($250); and

       2. (B) Proof of insurance as required by subdivision (l)(1) of this section.

          1. (m) Elevator mechanics.

    6. (1) Qualifications. An applicant for an elevator mechanic’s license shall complete an application approved by the board and shall have:

       1. (A) At least three (3) years verified work experience in constructing, maintaining, servicing, or repairing conveyances;
       2. (B) Successfully passed a written examination approved for elevator mechanics by the board; and
       3. (C) Tendered a license fee in the amount of seventy-five dollars ($75.00) annually.

    7. (2) Restricted license.

       1. (A) A restricted class of elevator mechanic’s license shall be known as an accessibility technician.
       2. (B) Such class of license shall be restricted to performing work involving vertical platform lifts, wheelchair lifts, and inclined stairway chairlifts, including those for private residences, which are covered by the provisions of ASME A18.1, 2005.

       3. (C) An applicant for such a restricted license shall complete an application approved by the board and shall have:

          1. (i) At least three (3) years verified work experience in constructing, maintaining, servicing, or repairing those conveyances covered by ASME A18.1, 2005; and
          2. (ii) Tendered a license fee in the amount of seventy-five dollars ($75.00) annually.

    8. (3) License renewal. An application for renewal shall be submitted no later than January 31 of the year of expiration, regardless of the date of issue or renewal and shall be submitted with:

       1. (A) A license fee in the amount of one hundred fifty dollars ($150) for two (2) years; and
       2. (B) Proof of completion of eight (8) contact hours or continuing education hours every two (2) years in a course of training or instruction approved by the board as required by subsection (q) of this section.

    9. (4) Emergency licensing and temporary licensing.

       1. (A) Whenever an emergency exists or there is a strike or lock-out and the board determines that there are not enough licensed elevator mechanics to perform the work necessary to provide for the safety of life, limb, and property and to protect the public welfare, the board may waive the examination requirements of this part and the provisions of Arkansas Code § 20-24-108, and issue an emergency elevator mechanic’s license that may be valid for no longer than thirty (30) days.
       2. (B) Whenever the board determines that there are not enough licensed elevator mechanics available to perform work necessary for the completion of a project for which an installation permit has been issued pursuant to 20 CAR § 881-111 or 20 CAR § 881-112 and Arkansas Code § 20-24-115(d), the board may waive the requirements of this part and the provisions of Arkansas Code § 20-24-108, and issue a temporary elevator mechanics license that may be valid for no longer than thirty (30) days.
       3. (C) The board may renew an emergency or temporary license if the circumstances justifying its original issuance continue.
       4. (D) The fee for an emergency or temporary license shall be seventy-five dollars ($75.00) annually for a license valid in only thirty-day increments.

14. (n) License renewal and reinstatement generally.

    1. (1) A license for an elevator mechanic or an elevator inspector may be renewed within six (6) months after the date of expiration by paying the renewal fee as follows, provided the licensee is otherwise qualified for renewal:

       1. (A) Elevator inspector license: one hundred twenty dollars ($120); and
       2. (B) Elevator mechanic license: ninety-five dollars ($95.00) for one (1) year or one hundred seventy dollars ($170) for two (2) years.

    2. (2)

       1. (A) A license will not be issued or renewed if there is an unpaid fine or fee due the agency.
       2. (B) Further, failure to pay any fine or fee may result in license suspension or revocation.

    3. (3) Reinstatement.

       1. (A) Notwithstanding any rule to the contrary, an individual may seek reinstatement under this subdivision (n)(3) provided the applicant for reinstatement demonstrates that he or she:

          1. (i) Was previously licensed by the board at any time;
          2. (ii) Was licensed in good standing at the time of licensing;
          3. (iii) Did not have his or her license revoked for an act of bad faith or a violation of law, rule, or ethics;
          4. (iv) Is not holding a suspended or probationary license in a sister state; and
          5. (v) Passes a licensing examination if the applicant’s license has been expired for more than six (6) months.
       2. (B) Continuing education requirements apply to a reinstated licensee in the same manner as other licensees.
       3. (C) An applicant for reinstatement shall not be required to comply with the requirements of this subdivision (n)(3) if the applicant meets the requirements for reciprocity pursuant to subsection (o) of this section.

       4. (D)

          1. (i) The Elevator Safety Section shall review and decide on any application for reinstatement in order to expedite the process.
          2. (ii) The decision of the Elevator Safety Section is subject to review by the board upon written request by the applicant.

15. (o) Reciprocity.

    1. (1) The board may license a person as an elevator inspector, elevator mechanic, or elevator contractor without examination if he or she holds an equivalent license for a state or city that has similar requirements to that provided for in this part and Arkansas Code § 20-24-108 and the person has not had a license revoked for an act of bad faith or a violation of law, rules, or ethics.

    2. (2) Provisional license.

       1. (A) The board shall issue a temporary and provisional license immediately upon receipt of an application, the required fee, and the documentation required under this subsection.
       2. (B) The temporary and provisional license shall be effective until the board makes a decision on the application unless the board determines that the applicant does not meet the requirements in this subsection, in which case the temporary and provisional license shall be immediately revoked.
       3. (C) An applicant may provide the rest of the documentation required above in order to receive a license, or the applicant may only provide the information necessary for the issuance of a temporary and provisional license.

16. (p) Verified work experience.

    1. (1)

       1. (A) Work experience required for licensure shall be documented by:

          1. (i) Notarized letters or affidavits from past or present employers;
          2. (ii) Official letters or certifications from other government licensing authorities detailing the duration and character of the work; or
          3. (iii) Equivalent evidence that verifies work experience.
       2. (B) The name, address, and telephone number of anyone verifying work experience shall be provided on the verification document.

    2. (2) For purposes of determining experience qualification, the board shall not consider the following:

       1. (A) Any experience obtained in violation of Arkansas Code § 20-24-108; or
       2. (B) Any experience obtained in violation of any federal, state, or local licensing or registration requirements.

17. (q) Continuing education.

    1. (1)

       1. (A) Licensed inspectors and licensed elevator mechanics must complete eight (8) contact hours or continuing education hours every two (2) calendar years.
       2. (B) An applicant for renewal must submit proof of having completed this requirement.

    2. (2)

       1. (A) A certificate of completion provided to the course participant is sufficient for any course preapproved by the board.
       2. (B) If the course has not been approved by the board, the licensee will not be given credit unless or until the board has approved the course.

    3. (3) A course of training or education may be approved by the board by the submission of:

       1. (A) An Application for Continuing Education Approval;
       2. (B) An overview of the course material; and
       3. (C) A professional resume of the trainer.
    4. (4) A list of approved courses will be posted on the board’s website or made available upon request to the Elevator Safety Section.

18. (r) Uniformed service members, veterans, and spouses.

    1. (1) As used in this subsection:

       1. (A) “Automatic licensure” means the granting of occupational licensure without an individual's having met occupational licensure requirements provided under the Arkansas Code or by this part; and
       2. (B) “Uniformed service veteran” means a former member of the uniform services of the United States discharged under circumstances other than dishonorable.

    2. (2) The board shall grant automatic licensure to an individual who is the holder in good standing of a license with a similar scope of practice issued by another state, territory, or district of the United States and is:

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

       3. (C) The spouse of:

          1. (i) A person under subdivision (r)(2)(A) or subdivision (r)(2)(B) of this section;
          2. (ii) A uniformed service member who is assigned a tour of duty that excludes the uniformed service member’s spouse from accompanying the uniformed service member and the spouse relocates to this state; or
          3. (iii) A uniformed service member who is killed or succumbs to his or her injuries or illness in the line of duty if the spouse establishes residency in the state.

    3. (3) The board shall grant such automatic licensure upon receipt of all of the below:

       1. (A) Payment of the initial licensure fee;
       2. (B) Evidence that the individual holds a license with a similar scope of practice in another state; and
       3. (C) Evidence that the applicant is a qualified applicant under subdivision (r)(2) of this section.
    4. (4) The expiration date of a license for a deployed uniform service member or spouse will be extended for one hundred eighty (180) days following the date of the uniformed service member’s return from deployment.
    5. (5) A full exemption from continuing education requirements will be allowed for a deployed uniform service member or spouse until one hundred eighty (180) days following the date of the uniformed service member’s return from deployment.

19. (s) Prohibitions and requirements.

    1. (1) No elevator inspector shall inspect an elevator, escalator, or dumbwaiter if the inspector, or any member of his or her immediate family, has a financial interest in the building in which the elevator, escalator, or dumbwaiter is located, or in any business which occupies the building in which the elevator, escalator, or dumbwaiter is located.
    2. (2) No elevator inspector or any member of his or her immediate family shall have or maintain a financial interest in any business which manufactures, installs, alters, or services elevators, escalators, or dumbwaiters.
    3. (3) No elevator inspector shall recommend or refer one of his or her clients or customers to a specific business, firm, or corporation which manufactures, installs, repairs, alters, or services elevators, escalators, or dumbwaiters.

    4. (4)

       1. (A) Financial disclosure. On or before the last day of January of each year, all licensed elevator inspectors shall file with the department a financial disclosure statement on forms provided by the department and approved by the board.

       2. (B) Such forms shall include, but not be limited to, the following:

          1. (i)
20. (a) (a) The name and address of any corporation, firm, or enterprise in which the person has a direct financial interest of a value in excess of one thousand dollars ($1,000).

21. (b) (b) Policies of insurance issued to the inspector or his or her spouse are not to be considered a financial interest;

    1. (ii) A list of every office or directorship held by himself or herself or his or her spouse in any corporation, firm, or enterprise subject to jurisdiction of the board;

       1. (iii) A list showing the name and address of any person, corporation, firm, or enterprise from which the person received compensation in excess of one thousand five hundred dollars ($1,500) during the preceding year; and

          1. (iv) A list showing the name and address of any person, corporation, firm, or enterprise from which the persons received compensation in excess of twelve thousand five hundred dollars ($12,500) during the preceding year.
    2. (5) An elevator contractor shall perform all scheduled maintenance and required safety tests in a timely manner as notified by the Elevator Safety Section.

    3. (6)

       1. (A) No elevator contractor shall employ helpers or apprentices not licensed as elevator mechanics to erect, construct, alter, replace, repair, maintain, remove, or dismantle any conveyance unless such helper or apprentice is working under the direct supervision of a licensed elevator mechanic, except:

          1. (i) In a ratio of one (1) helper or apprentice to every one (1) licensed elevator mechanic; or
          2. (ii) In the event of a crew of five (5) or more workers, a ratio of three (3) helpers or apprentices to every two (2) licensed elevator mechanics.
       2. (B) Notwithstanding the provisions of this section, an industrial employer utilizing its own employees for repair or alteration work on industrial property owned or leased by the employer may utilize a ratio of four (4) helpers or apprentices to every one (1) licensed elevator mechanic.

22. (t) Workforce Expansion Act fee waiver. The board shall waive the initial licensing fee for any license if the applicant:

    1. (1) Is receiving assistance through the:

       1. (A) Arkansas Medicaid Program;
       2. (B) Supplemental Nutrition Assistance Program;
       3. (C) Special Supplemental Nutrition Program for Women, Infants, and Children;
       4. (D) Temporary Assistance for Needy Families Program; or
       5. (E) Lifeline Assistance Program;
    2. (2) Was approved for unemployment within the last twelve (12) months; or
    3. (3) Has an income that does not exceed two hundred percent (200%) of the federal poverty income guidelines.

23. (u) Earn and Learn Act apprenticeships.

    1. (1) The board shall grant a license to an applicant who:

       1. (A) Completes an apprenticeship as defined by Arkansas Code § 17-6-103 in an occupation licensed by this board;
       2. (B) Passes an examination with a score required for licensure, if deemed to be necessary by the board and required of all applicants;
       3. (C) Pays the appropriate licensing fee; and
       4. (D) Completes all other requirements unrelated to training and education.
    2. (2) Should the board deny an application under this section, the board shall provide the applicant with a written denial detailing the reason for the denial including whether the board determined the applicant’s apprenticeship program does not correspond to the level of license for which the applicant applied.
    3. (3) An apprenticeship for a profession or occupation licensed by the board is not required to exceed the number of hours required by the board for the profession or occupation, except as otherwise required by federal law.

Codification Notes: “ASME” means the American Society of Mechanical Engineers. "QEI" means qualified elevator inspector.