010.05-001Statement of Organization and OperationsThe Arkansas Department of Labor is an agency of state government created by Act 161 of 1937, Ark. Code Ann. § 11-2-101et seq. The Elevator Safety Board was created by Act 189 of 1963, Ark. Code Ann. § 20-24-105, and given regulatory authority over the construction, alteration, repair, maintenance, operation, and inspection of elevators, escalators, moving sidewalks, dumbwaiters, and wheelchair lifts, and the power to oversee the licensure of elevator inspectors, elevator mechanics, and elevator contractors. The Arkansas Department of Labor is charged with enforcement of the state's laws regarding elevator safety, as well as the regulations promulgated by the Elevator Safety Board, Ark. Code Ann. § 20-24-104. Ultimate authority for the operation of the agency is in the Director of the Department of Labor. For administrative purposes, the Director has created the Elevator Safety Division which is responsible for administering and enforcing state law and the regulations of the Elevator Safety Board. The individual charged with the day-to-day operations of the Elevator Safety Division is referred to as Chief Elevator Inspector, who is selected by the Director and is directly supervised by the Code Enforcement Administrator. From time to time, the board promulgates rules.
010.05-002Information for Public GuidanceThe mailing address and telephone number for the Elevator Safety Division is:
Elevator Safety Division
Arkansas Department of Labor
10421 West Markham Street
Little Rock, AR 72205
(501) 682-4538
The Department of Labor makes available a list of persons holding certain responsibilities for handling FOIA requests, licensing questions, and complaints against licensees so that the public may obtain information about the agency or make submissions or requests. The names, mailing addresses, telephone numbers, and electronic addresses can be obtained from the agency's office or Web site.
The agency has a list of official forms used by the agency and a list of all formal, written statements of policy and written interpretative memoranda, and orders, decisions and opinions resulting from adjudications, which may be obtained from the agency's office or Web site. The Department of Labor Web site is: http://www.arkansas.gov/labor/. The Elevator Safety Division's Web site is:
http://www.arkansas.gov/labor/divisions/elevator_p1.html. Copies of all forms used by the agency, written statements of policy and written interpretive memoranda, and all orders issued by the agency may be obtained from the agency's office.
010.05-006Rule-MakingA. AuthorityThe board has been authorized by the Legislature to promulgate rules. Ark. Code Ann. § 20-24-106(b). The board follows the procedural requirements of the Arkansas Administrative Procedure Act, in particular Ark. Code Ann. § 25-15-203 and § 25-15-204. Additionally, the agency is required to abide by the provisions of Ark. Code Ann. § 10-3-309.
B.Initiation of Rule-MakingThe process of adopting a new rule or amending or repealing an existing rule (hereinafter referred to"rule-making") may be initiated by request of the board that the staff submit proposed drafts. Additionally, staff of the agency may request permission of to initiate rule-making. Third persons outside the agency may petition for the issuance, amendment, or repeal of any rule.
C.Petition to Initiate Rule-MakingThird parties may initiate rule-making to adopt, amend, or repeal a rule by filing a petition with the agency to initiate rule-making. The petition must contain the name, address, and telephone number of the petitioner, the specific rule or action requested, the reasons for the rule or action requested, and facts showing that the petitioner is regulated by the agency or has a substantial interest in the rule or action requested.
The petition to initiate rule-making shall be filed with the Director of the Department of Labor.
Within thirty (30) days after submission of the petition, the board will either deny the petition, stating its reasons in writing, or will initiate rule-making. A special meeting will be called if necessary to meet this time frame.
D. Pre-Filing with the Bureau of Legislative ResearchThirty (30) days before the public-comment period ends, the agency will file with the Bureau of Legislative Research the text of the proposed rule or amendment as well as a financial impact statement and a Bureau of Legislative Research questionnaire as provided by Ark. Code Ann. § 10-3-309.
E.Public Input1. Before finalizing language of a proposed new rule or an amendment to, or repeal of, an existing rule, the board will receive public input through written comments and/or oral submissions. The agency will designate in its public notice the format and timing of public comment.2. Any public hearing will provide affected persons and other members of the public a reasonable opportunity for presentation of evidence, arguments, and oral statements within reasonable conditions and limitations imposed by the agency to avoid duplication, irrelevant comments, unnecessary delay, or disruption of the proceedings.3. The Director or his designee may preside at the public hearing. The agency must ensure that the agency personnel responsible for preparing the proposed rule or amendment are available, and will notify third parties initiating rule changes to be available to explain the proposal and to respond to questions or comments regarding the proposed rule.4. The agency will preserve the comments made at the public hearing by a tape recording.5. Any person may submit written statements within the specified period of time. All timely, written statements will be considered by the board and be made a part of the rule-making record.F.Notice of Rule-MakingThe agency will give notice of proposed rule-making to be published pursuant to Ark. Code Ann. § 25-15-204. The notice will set any written comment period and will specify the time, date, and place of any public hearing.
G.The Decision to Adopt a Rule1. The board will not finalize language of the rule or decide whether to adopt a rule until the period for public comment has expired.2. Before acting on a proposed rule, the board will consider all of the written submissions and/or oral submissions received in the rule-making proceeding or any memorandum summarizing such oral submissions, and any regulatory analysis or fiscal impact statement issued in the rule-making proceedings.3. The board may use its own experience, specialized knowledge, and judgment in the adoption of a rule or consider the experience, specialized knowledge and judgment of agency staff.H.Variance Between Adopted Rule and Published Notice of Proposed Rule1. The board may not adopt a rule that differs from the rule proposed in the published notice of the intended rule-making on which the rule is based unless: a. The final rule is in character with the original scheme and was a logical outgrowth of the notice and comments stemming from the proposed rule, orb. The notice fairly apprised interested persons of the subject and the issues that would be considered so that those persons had an opportunity to comment.2. In determining whether the final rule is in character with the original scheme and was a logical outgrowth of the notice and comments, and that the notice of intended rule-making provided fair warning that the outcome of that rule-making proceeding could be the rule in question; the board must consider the following factors:a. The extent to which persons who will be affected by the rule should have understood that the rule-making proceeding on which it is based could affect their interests; and b. The extent to which the subject matter of the rule or issues determined by the rule are different from the subject matter or issues contained in the notice of intended rule-making; and c. The extent to which the effects of the rule differ from the effects of the proposed rule contained in the notice of intended rule-making.I.Concise Statement of Reasons1. When requested by an interested person, either prior to the adoption of a rule or within thirty (30) days after its adoption, the agency shall issue a concise statement of the principal reasons for and against the adoption of the rule. Requests for such a statement must be in writing and be delivered to the Director of the Department of Labor. The request should indicate whether the statement is sought for all or only a specified part of a rule. A request will be considered to have been submitted on the date on which it is received by the agency.2. The concise statement of reasons must contain:a. The board's reasons for adopting the rule;b. An indication of any change between the text of the proposed rule and the text of the rule as finally adopted, with explanations for any such change; and c. The principal reasons urged in the rule-making procedure for and against the rule, and the board's reasons for overruling the arguments made against the rule.J.ContentsThe agency shall cause the board's rules to be published and made available to interested persons. The publication must include:
1. The text of the rule; and2. A note containing the following: a. The date(s) the board adopted or amended the rule;b. The effective date(s) of the rule;c. Any findings required by any provisions of law as a prerequisite to adoption for effectiveness of the rule; and d. Citation to the entire specific statutory or other authority authorizing the adoption of the rule;3. The publication of the rule(s) must state the date of publication.K.FormatThe published rules of the board will be organized substantially in the following format:
1. Statement of Organization and Operations2. Information for Public Guidance11. Et seq. Substantive rules and other rules of AgencyL. Incorporation by ReferenceBy reference in a rule, the board may incorporate all or any part of a code, standard, rule, or other matter if the board finds that copying the matter in the board's rule would be unduly cumbersome, expensive, or otherwise inexpedient. The reference in the rule must fully and precisely identify the incorporated matter by title, citation, date, and edition, if any; briefly indicate the precise subject and general contents of the incorporated matter; and state that the rule does not include any later amendments or editions of the incorporated matter. The board may incorporate such a matter by reference in a proposed or adopted rule only if the agency makes copies of the incorporated matter readily available to the public. The rules must state how and where copies of the incorporated matter may be obtained at cost from the agency, and how and where copies may be obtained from an agency of the United States, this state, another state, or the organization, association, or persons originally issuing that matter. The agency must retain permanently a copy of any materials incorporated by reference in a rule of the board.
M.Filing1. After the board formally adopts a new rule or amends a current rule or repeals an existing rule, and after the rule change has been reviewed by the Legislative Counsel, the agency staff will file final copies of the rule with the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research, or as otherwise provided by Ark. Code Ann. § 25-15-204(d).2. Proof of filing a copy of the rule, amendment, or repeal with the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research will be kept in a file maintained by the Legal Division of the Arkansas Department of Labor.3. Notice of the rule change will be posted on the agency Web page.010.05-007Emergency Rule-MakingA.Request for Emergency Rule-MakingThe proponent of a rule may request the board to adopt an emergency rule. In addition to the text of the proposed rule or amendment to an existing rule and any other information required by Rule 010.05 -006(C), the proponent will provide a written statement setting out the facts or circumstances that would support a finding of imminent peril to the public health, safety, or welfare.
B.Finding of an EmergencyUpon receipt of the written statement requesting an emergency rule-making and documents or other evidence submitted in support of the assertion that an emergency exists, the board will make an independent judgment as to whether the circumstances and facts constitute an imminent peril to the public health, safety, or welfare requiring adoption of the rule upon fewer than 30 days notice. If the board determines that the circumstances warrant emergency rule-making, it will make a written determination that sets out the reasons for it's finding that an emergency exists. Upon making this finding, the board may proceed to adopt the rule without any prior notice or hearing, or it may determine to provide an abbreviated notice and hearing.
C.Effective Date of Emergency RuleThe emergency rule will be effective immediately upon filing, or at a stated time less than ten (10) days thereafter, if the agency finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare. The agency will file with the rule the board's written findings justifying the determination that emergency rule-making is appropriate and, if applicable, the basis for the effective date of the emergency rule being less than ten (10) days after the filing of the rule pursuant to Ark. Code Ann. § 25-15-204(e). The agency will take appropriate measures to make emergency rules known to persons who may be affected by them.
010.05-009Adjudicative HearingsA.Scope of This RuleThis Rule, 010.005-009, applies in all administrative adjudications conducted by the Board of Elevator Safety or the Elevator Safety Division of the Arkansas Department of Labor. This procedure is developed to provide a process by which the board or agency formulates orders (for example, an order revoking a license to practice, or imposing civil penalties).
B.Presiding OfficerThe Director of the Department of Labor, who is Chairman of the board, shall preside at a hearing before the board or may designate one or more members of the board or one or more examiners, referees, or hearing officers to preside at a hearing. The Director of the Department of Labor shall designate one or more examiners, referees, or hearing officers to preside at a hearing before the Department of Labor.
C.Appearances1. Any party appearing has the right, at his or her own expense, to be represented by counsel.2. The respondent may appear on his or her own behalf.3. Any attorney representing a party to an adjudicatory proceeding must file notice of appearance as soon as possible.4. Service on counsel of record is the equivalent of service on the party represented.5. On written motion served on the party represented and all other parties of record, the presiding officer may grant counsel of record leave to withdraw for good cause shown.D. ConsolidationIf there are separate matters that involve similar issues of law or fact, or identical parties, the matters may be consolidated if it appears that consolidation would promote the just, speedy, and inexpensive resolution of the proceedings, and would not unduly prejudice the rights of a party.
E.Notice to Interested PartiesIf it appears that the determination of the rights of parties in a proceeding will necessarily involve a determination of the substantial interests of persons who are not parties, the presiding officer may enter an order requiring that an absent person be notified of the proceeding and be given an opportunity to be joined as a party of record.
F.Service of PapersUnless the presiding officer otherwise orders, every pleading and every other paper filed for the proceeding, except applications for witness subpoenas and the subpoenas, shall be served on each party or the party's representative at the last address of record.
G.Initiation and Notice of Hearing1. An administrative adjudication is initiated by the issuance by the agency of a notice of hearing.2. The notice of hearing will be sent to the respondent by U.S. mail, return receipt requested, delivery restricted to the named recipient or his agent, as well as by regular U. S. mail. Notice shall be sufficient when it is so mailed to the respondent's latest address on file with the agency.3. Notice will be mailed at least twenty (20) days before the scheduled hearing.4. The notice will include: a. a statement of the time, place, and nature of the hearing;b. a statement of the legal authority and jurisdiction under which the hearing is to be held; and c. a short and plain statement of the matters of fact and law asserted.H.MotionsAll requests for relief will be by motion. Motions must be in writing or made on the record during a hearing. A motion must fully state the action requested and the grounds relied upon. The original written motion will be filed with the agency. When time allows, the other parties may, within seven (7) days of the service of the written motion, file a response in opposition. The presiding officer may conduct such proceedings and enter such orders as are deemed necessary to address issues raised by the motion. However, a presiding officer, other than the Director, will not enter a dispositive order unless expressly authorized in writing to do so.
I.AnswerA respondent may file an answer.
J.Discovery1. Upon written request, the agency will provide the information designated in Ark. Code Ann. § 25-15-208(a)(3).2. Such requests should be received by the agency at least ten (10) days before the scheduled hearing.K. Continuances1. The presiding officer may grant a continuance of hearing for good cause shown. Requests for continuances will be made in writing. The request must state the grounds to be considered and be made as soon as practicable and, except in cases of emergencies, no later than five (5) days prior to the date noticed for the hearing. In determining whether to grant a continuance, the presiding officer may consider: b. The interests of all parties;c. The likelihood of informal settlements;d. The existence of an emergency;f. Any applicable time requirement;g. The existence of a conflict of the schedules of counsel, parties, or witnesses;h. The time limits of the request; and i. Other relevant factors.2. The presiding officer may require documentation of any grounds for continuance.L. Hearing Procedures1. The presiding officer presides at the hearing and may rule on motions, require briefs, and issue such orders as will ensure the orderly conduct of the proceedings; provided, however, any presiding officer other than the Director shall not enter a dispositive order or proposed decision unless expressly authorized in writing to do so.2. All objections must be made in a timely manner and stated on the record.3. Parties have the right to participate or to be represented by counsel in all hearings or pre-hearing conferences related to their case.4. Subject to terms and conditions prescribed by the Administrative Procedure Act, parties have the right to introduce evidence on issues of material fact, cross-examine witnesses as necessary for a full an true disclosure of the facts, present evidence in rebuttal, and, upon request by the agency, may submit briefs and engage in oral argument.5. The presiding officer is charged with maintaining the decorum of the hearing and may refuse to admit, or may expel, anyone whose conduct is disorderly.M.Order of ProceedingsThe presiding officer will conduct the hearing in the following manner:
1. The presiding officer will give an opening statement, briefly describing the nature of the proceedings.2. The parties are to be given the opportunity to present opening statements.3. The parties will be allowed to present their cases in the sequence determined by the presiding officer.4. Each witness must be sworn or affirmed by the presiding officer, or the court reporter, and be subject to examination and cross-examination as well as questioning by the board and the agency. The presiding officer may limit questioning in a manner consistent with the law.5. When all parties and witnesses have been heard, parties may be given the opportunity to present final arguments.N.Evidence1. The presiding officer shall rule on the admissibility of evidence and may, when appropriate, take official notice of facts in accordance with all applicable requirements of law.2. Stipulation of facts is encouraged. The agency may make a decision based on stipulated facts.3. Evidence in the proceeding must be confined to the issues set forth in the hearing notice, unless the parties waive their right to such notice or the presiding officer determines that good cause justifies expansion of the issues. If the presiding officer decides to admit evidence outside the scope of the notice, over the objection of a party who did not have actual notice of those issues, that party, upon timely request, will receive a continuance sufficient to prepare for the additional issue and to permit amendment of pleadings.4. A party seeking admission of an exhibit must provide seven (7) copies of each exhibit at a hearing before the Elevator Safety Board and three (3) copies of any exhibit in a hearing before the Elevator Safety Division. The presiding officer must provide the opposing parties with an opportunity to examine the exhibit prior to the ruling on its admissibility. All exhibits admitted into evidence must be appropriately marked and be made part of the record.5. Any party may object to specific evidence or may request limits on the scope of the examination or cross-examination. A brief statement of the grounds upon which it is based shall accompany such an objection. The objection, the ruling on the objection, and the reasons for the ruling will be noted in the record. The presiding officer may rule on the objection at the time it is made or may reserve the ruling until the written decision.6. Whenever evidence is ruled inadmissible, the party offering that evidence may submit an offer of proof on the record. The party making the offer of proof for excluded oral testimony will briefly summarize the testimony or, with permission of the presiding officer, present the testimony. If the excluded evidence consists of a document or exhibit, it shall be marked as part of an offer of proof and inserted in the record.7. Irrelevant, immaterial, and unduly repetitive evidence will be excluded. Any other oral or documentary evidence, not privileged, may be received if it is of a type commonly relied upon by reasonably prudent men and women in the conduct of their affairs.8. Reasonable inferences. The finder of fact may base its findings of fact upon reasonable inferences derived from other evidence received.O.DefaultIf a party fails to appear or participate in an administrative adjudication after proper service of notice, the agency or board may proceed with the hearing and render a decision in the absence of the party.
P.Subpoenas1. At the request of any party, the Director of the Department of Labor shall issue subpoenas for the attendance of witnesses at the hearing. The requesting party shall specify whether the witness is also requested to bring documents and reasonably identify said documents.2. A subpoena may be served by any person specified by law to serve process or by any person who is not a party and who is eighteen (18) years of age or older. Delivering a copy to the person named in the subpoena shall make service. Proof of service may be made by affidavit of the person making service. The party seeking the subpoena shall have the burden of obtaining service of the process and shall be charged with the responsibility of tendering appropriate mileage fees and witness fees pursuant to Rule 45, Arkansas Rules of Civil Procedure. The witness must be served at least two days prior to the hearing. For good cause, the agency may authorize the subpoena to be served less than two days before the hearing.3. Any motion to quash or limit the subpoena shall be filed with the agency and shall state the grounds relied upon.Q. Recording the ProceedingsThe responsibility to record the testimony heard at a hearing is borne by the agency. Upon the filing of a petition for judicial review, the agency will provide a transcript of testimony taken before the board. If the board is successful upon appeal, the agency may request that the court assess the costs against the opposing party.
R.Factors to be Considered in Imposing Sanctions or FinesIn addition to any other considerations permitted by Ark. Code Ann. §§ 20-24-101et seq., if applicable, the agency in imposing any sanction or fine may consider the following:
1. The nature and degree of the misconduct for which the sanction is being sought.2. The seriousness and circumstances surrounding this misconduct.3. The loss or damage to clients or others.4. The assurance of future compliance.5. The profit to the wrongdoer.6. The avoidance of repetition.7. Whether the conduct was deliberate, intentional, or negligent.8. The deterrent effect on others.9. The conduct of the individual during the course of the disciplinary proceeding.10. Any prior enforcement or disciplinary actions or sanctions, including warnings.11. Matters offered in mitigation or extenuation, except that a claim of disability or impairment resulting from the use of alcohol or drugs may not be considered unless the individual demonstrates that he or she is successfully pursuing in good faith a program of recovery.S. Final OrderThe agency will serve on the respondent a written order that reflects the action taken by the board. The order will include a recitation of facts found based on testimony and other evidence presented and reasonable inferences derived from the evidence pertinent to the issues of the case. It will also state conclusions of law and directives or other disposition entered against or in favor of the respondent.
The order will be served personally or by mail on the respondent. If counsel represents respondent, service of the order on respondent's counsel shall be deemed service on the respondent.
010.05-010 LicensingA.General1. All action of the Elevator Safety Board or the Elevator Safety Division regarding licensure shall be governed by Ark. Code Ann. §§ 20-24-101et seq. and these Rules and, when applicable, Ark. Code Ann. §§ 25-15-208 to -213.2. The Elevator Safety Board is responsible for licensure of elevator inspectors, Ark. Code Ann. § 20-24-108(a); elevator mechanics, Ark. Code Ann. § 20-24-108(b); and elevator contractors, Ark. Code Ann. § 20-24-108(c).B.Requirement to Keep Current Addresses on FileAll persons holding a license issued by the agency are required to provide the agency with information so that the agency can remain in contact and provide notice of complaints and/or hearings. The licensee holder is required to provide written notice to the board of any change in business and/or residence address within 10 working days of the change. Service of notices of hearing sent by mail will be addressed to latest address on file with the agency.
C. Review of ApplicationThe application and supporting documentation will be reviewed by staff of the Elevator Safety Division. The division will inform the applicant in writing if it determines that the application is incomplete, and will specify why the application is incomplete. When a completed application, a supplemental application, or the requested information is returned, the division will reinitiate action on the application for license. If all requirements are met, the applicant will be licensed.
D.Denial of License1. If a preliminary determination is made that the application should be denied, the division will inform the applicant of the opportunity for a hearing on the application.2. The grounds or basis for the proposed denial of a license will be set forth in writing by the agency. The applicant may appeal the agency's determination to the Elevator Safety Board by making a written request to the Board for a hearing within thirty (30) days of the notice of denial. Any hearing on the denial of a license will be conducted in accordance with Ark. Code Ann. §§ 25-15-208 and -213, and unless otherwise provided by law, the applicant has the burden of establishing entitlement to the license.E.Suspension, Revocation, Annulment or Withdrawal1. 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 division will serve the licensee a notice of hearing in the manner set out in Ark. Code Ann. § 25-15-208 and Rule 010.05 -009 herein.2. The agency has the burden of proving the alleged facts and violations of law stated in the notice.F. Emergency Action1. 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. The notice requirement in Rule 010.05 -009(G) does not apply and must not be construed to prevent a hearing at the earliest time practicable.2. Emergency Order: An emergency adjudicative order must contain findings that the public health, safety, and welfare imperatively require emergency action to be taken by the board. The written order must include notification of the date on which board proceedings are scheduled for completion.
Written Notice. The written emergency adjudicative order will be immediately delivered to persons who are required to comply with the order. One or more of the following procedures will be used:
b. Certified mail, return receipt requested, to the last address on file with the agency;c. First class mail to the last address on file with the agency;d. Fax. 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 agency orders be sent by fax and has provided a fax number for that purpose.e. Oral notice. Unless the written emergency order is served by personal delivery on the same day that the order issues, the agency shall make reasonable immediate efforts to contact by telephone the persons who are required to comply with the order.3. Unless otherwise provided by law, within ten (10) days after emergency action taken pursuant to paragraph F1 of this Rule, the division must initiate a formal suspension or revocation proceeding.G. Voluntary Surrender of LicenseThe 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.
H.Duty of a Sanctioned LicenseeIn 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. Return his or her license and any license pocket cards to the division's office;2. Notify all of his or her clients and employer in writing that his or her license has been revoked, suspended, or surrendered;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. 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. Refund any part of the fees paid in advance that have not been earned;6. Keep and maintain a record of the steps taken to accomplish the foregoing;7. File with the division a list of all other state, federal, and administrative jurisdictions by which he or she is licensed. Upon such filing, the agency will notify those entitled of the revocation, suspension, or surrender; and8. The licensee shall, within thirty (30) days of revocation, suspension, or surrender of the license, file an affidavit with the agency 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 non-compliance. Such affidavit shall also set forth the address where communications may thereafter be directed to the respondent.I. Reinstatement After Suspension1. An order suspending a license may provide that a person desiring reinstatement may file with the Director of the Department of Labor a verified petition requesting reinstatement.2. The petition for reinstatement must set out the following: a. That the individual has fully and promptly complied with the requirements of Rule 010.05 -010(H) of these rules pertaining to the duty of a sanctioned professional;b. That the individual has refrained from practicing in this occupation or business during the period of suspension;c. That the individual's license fee is current or has been tendered to the agency; and d. That the individual has fully complied with any requirements imposed as conditions for reinstatement.3. Any knowing misstatement of fact may constitute grounds for denial or revocation of reinstatement.4. Failure to comply with the provisions of sections H7 and H8 of this Rule precludes consideration for reinstatement.5. No individual will be reinstated unless the board approves reinstatement by majority vote.J. Re-Licensure for Revoked or Surrendered License1. 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. The application for re-licensure is not allowed until at least two (2) years after the revocation or surrender of license took effect.2. The applicant bears the burden of proof that he is rehabilitated following the revocation or surrender of his license, that he can engage in the conduct authorized by the license without undue risk to the public health, safety, and welfare, and that he is otherwise qualified for the license pursuant to Ark. Code Ann. § 20-24-101et seq.3. The board may impose any appropriate conditions or limitations on a license to protect the public health, safety, and welfare.4. The board may require that the person seeking re-licensure take the licensing examination.K. Inspectors1. Qualifications. An applicant for an elevator inspector's license shall complete an application approved by the board and shall have:a. at least four (4) years verified experience in designing, installing, maintaining, or inspecting conveyances;b. 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. This is commonly referred to as being QEI certified;c. 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 division. This qualification does not prohibit employees of insurance companies insuring conveyances in Arkansas from obtaining a license as an elevator inspector;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 e. tendered a license fee in the amount of one hundred dollars ($100.00).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: a. a license fee in the amount of one hundred dollars ($100.00);b. proof of insurance as required by this Rule, 010.05 -010(K)(1);c. an annual financial disclosure statement on a form approved by the division; and 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 Rule 010.05 -010(Q).3. Elevator inspectors in the employ of the Department of Labor are exempt from payment of licensing fees and fees for renewal of license.L.Elevator Contractors1. Qualifications. An applicant for an elevator contractor's license shall complete an application approved by the board and shall have: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;b. submitted verification of employment of a licensed elevator mechanic;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 d. tendered a license fee in the amount of two hundred and fifty dollars ($250).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: a. a license fee in the amount of two hundred and fifty dollars ($250); and b. proof of insurance as required by this Rule, 010.05 -010(L)(1).M.Elevator Mechanics1. Qualifications. An applicant for an elevator mechanic's license shall complete an application approved by the board and shall have:a. at least three (3) years verified work experience in constructing, maintaining, servicing, or repairing conveyances;b. successfully passed a written examination approved for elevator mechanics by the board; and c. tendered a license fee in the amount of seventy-five dollars ($75) annually.2. Restricted License. A restricted class of elevator mechanic's license shall be known as an "Accessibility Technician". Such class of license shall be restricted to performing work involving vertical platform lifts, wheelchairs lifts, and inclined stairway chairlifts, including those for private residences, which are covered by the provisions of ASME A18.1 2005. An applicant for such a restricted license shall complete an application approved by the board and shall have:a. at least three (3) years verified work experience in constructing, maintaining, servicing, or repairing those conveyances covered by ASME A18.1 2005;b. successfully passed a written examination approved for a restricted license by the board; and c. tendered a license fee in the amount of seventy-five dollars ($75) annually.3. License Renewal. An application for renewal shall be submitted no later than January 31 of the year of expiration, regardless off the date of issue or renewal and shall be submitted with: a. a license fee in the amount of one hundred and fifty dollars ($150) for two years; and 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 Rule 010.05 -010(Q).4. Emergency Licensing and Temporary Licensing. 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 these Rules and the provisions or Ark. Code Ann. § 20-24-108, and issue an emergency elevator mechanic's license that may be valid for no longer than thirty (30) days.b. Whenever the department determines that there are not enough licensed elevator mechanics available to perform work necessary for the completion of a project for which the division has issued an installation permit pursuant to Rule 010.05 -011 or 010.05 -012 and Ark. Code Ann. § 20-25-115(d), the department may waive the requirements of these Rules and the provisions of Ark. Code Ann. § 20-24-108, and issue a temporary elevator mechanics license that may be valid for no longer than thirty (30) days. The denial of such a temporary license may be appealed to the board.c. The board may renew an emergency or temporary license if the circumstances justifying its original issuance continue.d. The fee for an emergency or temporary license shall be seventy-five dollars ($75.00) annually for a license valid in only thirty (30) day increments.N.License Renewal, Generally1. A license may be renewed within six (6) months after the date of expiration by paying the renewal fee and a late fee of twenty dollars ($20), provided the licensee is otherwise qualified for renewal. If a license is not renewed within six (6) months after the date of expiration, the licensee shall be required to take an new examination.2. A license will not be issued or renewed if there is an unpaid fine or fee due the agency. Further, failure to pay any fine or fee may result in license suspension or revocation.O. ReciprocityThe 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 a standard of examination substantially equal to that provided for in these Rules and Ark. Code Ann. § 20-24-108.
P.Verified Work Experience1. Work experience required for licensure shall be documented by notarized letters or affidavits from past or present employers, official letters or certifications from other government licensing authorities detailing the duration and character of the work, or equivalent evidence that verifies work experience. The name, address, and telephone number of anyone verifying work experience shall be provided on the verification document.2. For purposes of determining experience qualification, the board shall not consider the following:a. any experience obtained in violation of Ark. Code Ann. § 20-24-108; or b. any experience obtained in violation of any federal, state or local licensing or registration requirements.Q.Continuing Education1. Licensed inspectors and licensed elevator mechanics must complete eight (8) contact hours or continuing education hours every two calendar year beginning January, 2007. For any license renewed in January 2009 or thereafter, the applicant must submit proof of having completed this requirement.2. A certificate of completion provided to the course participant is sufficient for any course pre-approved by the Elevator Safety Board. 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. A course of training or education may be approved by the board by the submission of an Application for Continuing Education Approval; an overview of the course material; and a professional resume of the trainer.4. A list of approved courses will be posted on the agency's website or made available upon request to the Elevator Safety Division.R. Grandfather Provision1. An applicant for an elevator mechanic's license who submits an application before August 12, 2006, may be licensed without examination if the applicant meets all other requirements for licensure.2. A grandfather applicant who has not obtained a license or paid the required license fee by January 1, 2007, shall be required to take an examination.3. The grounds or basis for the proposed denial of a license will be set forth in writing by the agency. The applicant may appeal the agency's determination to the Elevator Safety Board by making a written request to the Board for a hearing within thirty (30) days of the notice of denial. Any hearing on the denial of a license will be conducted in accordance with Ark. Code Ann. §§ 25-15-208 and -213, and unless otherwise provided by law, the applicant has the burden of establishing entitlement to the license.S.Prohibitions and Requirements1. No elevator inspector shall inspect an elevator, escalator, or dumbwaiter if the inspector, or any member of his 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. No elevator inspector or any member of his immediate family shall have or maintain a financial interest in any business which manufactures, installs, alters, or services elevators, escalators, or dumbwaiters.3. No elevator inspector shall recommend or refer one of his clients or customers to a specific business, firm, or corporation which manufactures, installs, repairs, alters, or services elevators, escalators, or dumbwaiters.4. 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. Such forms shall include, but not be limited to, the following: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 ($1,000.00). Policies of insurance issued to himself or his spouse are not to be considered a financial interest;b. a list of every office or directorship held by himself or his spouse, in any corporation, firm, or enterprise subject to jurisdiction of the board;c. 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 d. 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.5. An elevator contractor shall perform all scheduled maintenance and required safety tests in a timely manner as notified by the Elevator Safety Division.6. 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 in a ratio of 1 helper or apprentice to every one licensed elevator mechanic; or, in the event of a crew of 5 or more workers, a ratio of 3 helpers or apprentices to ever two licensed elevator mechanics. Notwithstanding the provisions of this Rule, 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 4 helpers or apprentices to every one licensed elevator mechanic.