(a) Permit required.

1. (1)

   1. (A) No conveyance shall operate unless the owner or lessee has obtained an operating permit from the Elevator Safety Section.
   2. (B) Operation of a conveyance without a valid operating permit shall be grounds for:

(i) An immediate order or red-tag to discontinue use; and

1. (ii) A fine pursuant to Arkansas Code § 20-24-103 and 20 CAR § 881-117.
2. (2) An operating permit shall be issued for a period of one (1) year and the expiration date shall appear on its face.

(b) Display. The permit shall be posted conspicuously in the car of the elevator or lift and on or near the dumbwaiter or escalator.

1. (c) Permit information.

2. (1) The operating permit shall reflect on its face the following:

   1. (A) The state number, or AS number, assigned by the Elevator Safety Section to that conveyance;
   2. (B) The type of equipment for which it is issued;
   3. (C) In the case of elevators, whether passenger or freight;
   4. (D) The owner or lessee to whom the permit is issued;
   5. (E) The location of the conveyance;
   6. (F) The contract load and rated speed; and
   7. (G) The expiration date.

3. (2) In addition to other requirements, the operating permit for vertical wheelchair lifts, inclined wheelchair lifts, and inclined stairway chairlifts shall state the following: “LIMITED USE ONLY - NOT FOR GENERAL PUBLIC USE”.

   1. (d) Denial of an operating permit.
4. (1) No operating permit shall be issued if the fees required by Arkansas Code § 20-24-116 and subsection (f) of this section have not been paid.

5. (2)

   1. (A) The Elevator Safety Section may deny an operating permit for cause, which shall include the failure to comply with the provisions of Arkansas Code § 20-24-101 et seq., this part, or the detailed plans and specifications approved by the Elevator Safety Section at the time of installation.
   2. (B) In determining whether there exists cause to deny an operating permit, the Elevator Safety Section may rely on an inspection report filed by a licensed elevator inspector.

6. (3) The Elevator Safety Section shall notify the owner or lessee in writing of:

   1. (A) The reasons the operating permit is denied;
   2. (B) The changes necessary for compliance; and
   3. (C) Their right to appeal to the Elevator Safety Board.
7. (4) Any owner or lessee who has been denied an operating permit by the Elevator Safety Section may appeal that denial to the board provided a written request to appeal is received by the Elevator Safety Section within thirty (30) days of the notice of the denial.
8. (5) The board may require as a condition of maintaining his or her license the presence of any elevator inspector upon whose report the denial of an operating permit was based at any hearing on such denial.

(e) Revocation of an operating permit.

1. (1)

   1. (A) The Elevator Safety Section may immediately revoke an operating permit if it determines there is a failure to comply with the provisions of Arkansas Code § 20-24-101 et seq., this part, or the detailed plans and specifications approved by the Elevator Safety Section at the time of installation and such elevator, escalator, or dumbwaiter is in an unsafe condition, so that its continued operation may be dangerous to the public safety.
   2. (B) In making such a determination, the Elevator Safety Section may rely on an inspection report filed by a licensed elevator inspector.

2. (2)

   1. (A) In order to immediately revoke an operating permit, the Elevator Safety Section shall place a red tag or warning notice on or in the conveyance notifying the owner or lessee and the public that its use has been ordered to be discontinued.
   2. (B) Such warning shall read as follows: WARNING ORDER The Elevator Safety Section of the Arkansas Department of Labor and Licensing has determined that this elevator or conveyance is in an unsafe condition, so that its continued operation would be dangerous. The Department of Labor and Licensing has ordered that the use of this elevator or conveyance be discontinued until it has been made safe in conformity with Arkansas Law and the rules of the Arkansas Elevator Safety Board. Continued operation of this elevator or conveyance or removal of this notice may result in criminal and/or civil penalties. This action is taken pursuant to the authority granted by Arkansas Code §§ 11-2-117(c) and 20-24-116. The specific conditions the Department of Labor and Licensing has found which render this elevator unsafe are as follows: This tag shall only be removed by authority of the Chief Elevator Inspector. Chief Elevator Inspector State of Arkansas By: Dated: Arkansas Department of Labor and Licensing 900 West Capitol, Suite 400 Little Rock, Arkansas 72201

3. (3) The Elevator Safety Section shall provide immediate written notice to the owner or lessee or agent of either present at the location of the conveyance, which notice shall include the following:

   1. (A) Copy of the red tag or warning;
   2. (B) Reason for revocation of the operating permit;
   3. (C) The changes necessary for compliance; and
   4. (D) The date, time, and place of a hearing on the revocation before a hearing officer designated to hear such matters.
4. (4) In the event the owner or lessee or agent of either is not present at the location of the conveyance, the Elevator Safety Section shall mail the notice required by subdivision (e)(3) of this section to the owner or lessee within twenty-four (24) hours to the address on file with the Elevator Safety Section.

5. (5)

   1. (A) The Department of Labor and Licensing shall hold a hearing on the immediate revocation of an operating permit within five (5) days of placing the red tag or warning on the conveyance.
   2. (B) The department may extend the time for holding such a hearing upon the request, in advance, of the owner or lessee.
   3. (C) The decision of the hearing officer shall constitute the final action of the department.
6. (6) Any owner or lessee may appeal the department's final action on the immediate revocation of an operating permit to the board, provided a written request to appeal is received by the department within thirty (30) days of the department's final action.

7. (7)

   1. (A)

      1. (i) If immediate action is not required, the Elevator Safety Section may request the board to revoke an operating permit if the department determines there is a failure to comply with the provisions of Arkansas Code § 20-24-101 et seq., this part, or the detailed plans and specifications approved by the Elevator Safety Section at the time of installation.
      2. (ii) In determining whether there exists cause to seek revocation of an operating permit, the Elevator Safety Section may rely on an inspection report filed by a licensed elevator inspector.

   2. (B) The Elevator Safety Section shall notify the owner or lessee in writing:

      1. (i) That it has requested the revocation of the owner or lessee's operating permit;
      2. (ii) The reasons the Elevator Safety Section is seeking the revocation;
      3. (iii) The changes the Elevator Safety Section contends are necessary for compliance; and
      4. (iv) The date, time, and place of a hearing before the board.
   3. (C) If, after hearing, the board determines that there has been a failure to comply as alleged by the Elevator Safety Section, the board shall revoke the operating permit of the owner or lessee.

(f) Fees.

1. (1) The annual fee to be charged for an operating permit is established by Arkansas Code § 20-24-116, which provides:

   1. (A) Dumbwaiters: thirty dollars ($30.00) annually;
   2. (B) Elevators and wheelchair lifts: fifty dollars ($50.00) annually; and
   3. (C) Escalators and moving walks: eighty-five dollars ($85.00) annually.
2. (2) A twenty percent (20%) penalty may be assessed when the fee is past due by thirty (30) days.

3. (3)

   1. (A)

      1. (i) The fee for a temporary operating permit on a new installation shall be one hundred dollars ($100) and shall be good for a period of thirty (30) days.
      2. (ii) It may be renewed for an additional period of thirty (30) days for a fee of fifty dollars ($50.00).
      3. (iii) Retesting is required to renew after an initial sixty (60) days.
   2. (B) The fee for a temporary operating permit for a workman’s hoist shall be fifty dollars ($50.00) and shall be good for a period of ninety (90) days.

(g) Requirement to keep current addresses on file.

1. (1) All owners or operators holding an operating permit issued by the agency are required to provide the Elevator Safety Section with information so that the Elevator Safety Section can remain in contact and provide notice of complaints and/or hearings.
2. (2) The permit holder is required to provide written notice to the Elevator Safety Section 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 Elevator Safety Section.

(h) Requirement to report accidents.

1. (1) Any mechanical, structural, or electrical defects directly affecting rider safety for which a conveyance is closed for use for a period of time more than eight (8) hours must be reported in writing by the owner or operator to the Elevator Safety Section within twenty-four (24) hours.

2. (2)

   1. (A) The owner or operator shall immediately cease to operate any conveyance involved in a fatality or serious physical injury, except to the extent necessary to protect life, limb, and property.
   2. (B) Such accident shall be reported in writing by the owner or operator within twenty-four (24) hours to the Elevator Safety Section.
   3. (C) For the purposes of this requirement, the term “serious physical injury” shall mean any significant injury that requires immediate medical examination or treatment by a licensed physician.
3. (3) Unless authorized in writing by the Elevator Safety Section, no conveyance may be operated, altered, repaired, or tampered with, except to protect life, limb, and property, following an accident involving a serious injury or death until the Elevator Safety Section has completed an investigation concerning the accident.