010.01-008
Licensing
A.
General
1. All division action
regarding licensure shall be governed by Ark. Code Ann. §§
20-23-101
et seq.; these Rules and, when applicable, Ark. Code Ann
§§
25-15-208
to -213.
2. The division is
responsible for licensure of boiler inspectors employed by insurance companies,
Ark. Code Ann. §
20-23-402;
boiler operators, Ark. Code Ann. § 20-23404; and sellers, installers, and
repairers of boilers, unfired pressure vessels, hot water storage containers
and pressure piping, Ark. Code Ann. §
20-23-405.
B.
Requirement to Keep
Current Address on File
All persons holding a license or permit issued by the division
are required to provide the division with information so that the division can
remain in contact and provide notice of complaints and/or hearings. 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.
Service of notices of hearing sent by mail will be addressed to latest address
on file with the division.
C.
Review of Application
The application and supporting documentation will be reviewed
by division staff. 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 agency will
reinitiate action on the application for license. If all requirements are met,
a license will be issued or the applicant will be allowed to take the licensing
examination, whichever is applicable.
D.
Denial of License
1. 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 division. Any hearing
on the denial of a license will be conducted in accordance with A.C.A. §
25-15-208
and A.C.A. §
25-15-213, and
unless otherwise provided by law, the applicant has the burden of establishing
entitlement to the license.
E.
Suspension, Revocation, Annulment or
Withdrawal
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 division will serve the licensee a notice
of hearing in the manner set out in A.C.A. §
25-15-208
and Rule 010.01.007(G).
2. The
division has the burden of proving the alleged facts and violations of law
stated in the notice.
3. A license
will not be renewed if there is an unpaid administrative fine. Further failure
to pay an administrative fine may result in suspension or revocation of a
license.
F.
Emergency Action
1. If the
division finds that the public health, safety, or welfare imperatively requires
emergency action and incorporates that finding in its order, the division can
summarily suspend, limit, or restrict a license. The notice requirement in
010.01.007(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 division. The written order must include notification of the date
on which division 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:
a. Personal delivery;
b. Certified mail, return receipt requested,
to the last address on file with the division;
c. First class mail to the last address on
file with the division;
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 division 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
division 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 E1 of this
rule, the division must initiate a formal suspension or revocation
proceeding.
G.
Voluntary Surrender of License
The licensee, in lieu of formal disciplinary proceedings, may
offer to surrender his or her license, subject to the division's determination
to accept the proffered surrender, rather than conducting a formal disciplinary
proceeding.
H.
Duty
of 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. Return his or her license and any license
pocket cards to the division's office;
2. Notify all of his or her clients or
employer in writing that his or her license has been revoked, suspended, or
surrendered;
3. Notify all clients
or his or her 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 division will notify those entitled of the
revocation, suspension, or surrender; and
8. The sanctioned 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
Suspension
1. 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
section 010.01.008(H) of these rules pertaining to the duty of a sanctioned
licensee;
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 division;
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 101.01.008(H)7 and (H)8 of this Rule precludes
consideration for reinstatement.
5.
No individual will be reinstated unless the Director of Labor approves
reinstatement upon a recommendation from the Boiler Advisory Board by a
majority vote.
J.
Re-Licensure for Revoked or Surrendered License and General
Reinstatement
1. No individual who has
had his or her license revoked or who has surrendered his or her license for an
act of bad faith or a violation of law, rule or ethics will be licensed, except
on petition made to the division. The application for re-licensure is not
allowed until at least two (2) years after the revocation or surrender of
license took effect.
a. The applicant bears
the burden of proof that he or she is rehabilitated following the revocation or
surrender of his or her license, that he or she can engage in the conduct
authorized by the license without undue risk to the public health, safety, and
welfare, and that he or she is otherwise qualified for the license pursuant to
Ark. Code Ann. §
20-23-101
et seq.
b. The
division may impose any appropriate conditions or limitations on a license to
protect the public health, safety, and welfare.
c. The division may require that the person
seeking re-licensure take the licensing examination if applicable.
2. Reinstatement
a. An individual may seek reinstatement under
this subsection, Rule 010.01-008(J)(2), provided the applicant for
reinstatement demonstrates that he or she:
i
was previously licensed by the division at any time;
ii. was licensed in good standing at the time
of licensing;
iii did not have his
or her license revoked for: an act of bad faith or a violation of law, rule or
ethics; and
iv. is not holding a
suspended or probationary license in this state or a sister state.
b. The Department of Labor's Code
Enforcement Manager shall ensure that any application for reinstatement is
handled in an expedited manner.
K.
Sellers, Installers, and
Repairers
1. All persons, firms, or
corporations engaged in the sale or installation of boilers, unfired pressure
vessels, hot water storage containers, or pressure piping or engaged in the
repair of boilers or unfired pressure vessels shall be licensed by the
division. Ark. Code Ann. § 20-23405.
2. The annual license fee shall be
seventy-five dollars ($75) per year, payable in advance on or before January 31
of each calendar year.
3.
Applicants for a license who are manufacturers shall have the appropriate ASME
stamp as required in the ASME Codes adopted in Rule 010.01.012.
4. Applicants for a license that perform
welded repairs shall possess the National Board "R" stamp or shall certify that
they perform welded repairs only on vessels owned and operated by the
applicant.
L.
Inspectors
1. Inspectors of
boilers employed by insurance companies insuring boilers in Arkansas, must have
a certificate of competency and commission issued by the division. Ark. Code
Ann. §
20-23-401.
2. The initial license fee shall be
twenty-five dollars ($25), and the renewal fee shall be fifteen ($15)
annually.
3. Applicants for a
license must be employed by an insurance company and must have passed the
written examination for boiler inspectors administered by the National Board of
Boiler and Pressure Vessel Inspectors.
4. This Rule, 010.01.008(L), does not apply
to boiler inspectors in the employ of the department.
M.
Boiler Operators
1. Boiler operators shall be licensed by the
Boiler Inspection Division. Ark. Code Ann. §
20-23-404.
2. An applicant for a boiler operator's
license shall:
a. have six (6) months of
training under the supervision of a licensed boiler operator, which shall be
confirmed by the applicant's employer and submitted to the division with the
application; and
b. pass an
examination administered by the division. Such examination may be in writing or
may be administered orally. The applicant must score 70% for a passing grade on
the examination.
3. An
applicant shall pay an initial fee of twenty-five dollars ($25) for examination
and licensure. The license shall be renewed annually at a fee of seventeen
dollars ($17).
4. A restricted
license may be issued to an applicant who has passed the examination, but does
not have the requisite six (6) months of training. Such a restricted license
shall authorize the license holder to work under the direction and supervision
of a regularly licensed boiler operator and is effective for one (1) year from
the date of issue. The fee for a restricted license shall be twenty-five
dollars ($25).
N.
Restricted Lifetime Licenses, Ark. Code Ann. §
20-23-406
1. Boiler Inspectors
To qualify for a restricted lifetime boiler inspector's
certificate of competency and commission, an applicant shall:
a. have been commissioned as a boiler
inspector for no fewer than twelve (12) years;
b. be at least sixty-five (65) years of age;
and
c. have a current boiler
inspector commission issued by the Boiler Inspection Division.
2. Boiler Operators
To qualify for a restricted lifetime boiler operator's
certificate of competency and commission, an applicant shall:
a. have been commissioned as a boiler
operator for no fewer than twelve (12) years;
b. be at least sixty-five (65) years of age;
and
c. have a current boiler
operator license issued by the Boiler Inspection Division.
3. Installers, Sellers Or Repairers
To qualify for a restricted lifetime license as a boiler
installer, seller or repairer, an applicant shall:
a. have been licensed for no fewer than
twelve (12) years;
b. be at least
sixty-five (65) years of age; and
c. have a current license issued by the
Boiler Inspection Division.
4. Application
a. An application for a restricted lifetime
license shall be on a form approved by the division.
b. An applicant for any restricted lifetime
license listed above must submit satisfactory proof of age which may include
one of the following:
(i) a birth
certificate;
(ii) a passport or
certificate of arrival in the United States;
(iii) a state-issued driver's license or
identification card;
(iv) any
document issued by the U.S. Military which includes a photograph or information
including name, sex, date of birth, and other identifying information;
or
(v) any other document of
similar reliability acceptable to the division.
5. Restrictions
A person holding a restricted lifetime license must comply with
Ark. Code Ann. §§
20-23-101
et seq. and these Rules in the same manner and to the same
extent as any regularly licensed individual.
6. Fees
Each applicant for a restricted lifetime license pursuant to
this Rule shall pay a one time fee of fifty dollars ($50.00).
O.
Automatic Licensure for
Uniformed Service Members for Boiler Operator License
1. As used in this subsection, a "uniformed
service veteran" means a former member of the United States Uniformed Services
discharged under circumstances other than dishonorable.
2. The Boiler Inspection Section, Division of
Labor, Department of Labor and Licensing 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 U. S. and
is:
a. A uniformed service member stationed in
the State of Arkansas;
b. A
uniformed service veteran who resides in or establishes residency in the State
of Arkansas; or
c. The spouse of:
i. A person under 2(a) or (b)
above;
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
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. The
division shall grant such automatic licensure upon receipt of all the below:
a. Payment of the initial licensure
fee;
b. Evidence that the
individual holds a license with a similar scope of practice in another state;
and
c. Evidence that the applicant
is a qualified applicant under section 2 above.
4. The expiration date of a license for a
deployed uniform service member or spouse will be extended for one hundred and
eight (180) days following the date of the uniformed service member's return
from deployment.
5. This subsection
shall apply only to applicants for a license as a boiler operator.
P.
Earn and Learn
1. The division shall grant a license to an
individual applicant for a boiler operator's license who:
a. Completed an apprenticeship as a boiler
operator in an apprenticeship program that meets the federal guidelines set out
in 29 C.F.R. Part
29 , as existing on March 1, 2021.
b. Passes the examination with the score
required of all applicants;
c. Pays
the licensing fee unless waived;
d.
Does not have a disqualifying criminal record as determined by the division
under state law; and
e. Completes
all other requirements for licensure unrelated to training and
education.
2. Should the
division deny an application under subsection P.(1) above, the division shall
provide the applicant with a written denial detailing the reason for the
denial.
3. An apprenticeship for a
boiler operator is not required to exceed the six (6) months required by
subsection M. above, except as otherwise required by federal law.
Q.
Initial License Fee
Waiver
1. The division shall waiver the
initial license fee for an individual applicant if the applicant:
a. Is receiving assistance through the
Arkansas Medicaid Program; the Supplemental Nutrition Assistance Program, the
Special Supplemental Nutrition Program for Women, Infants, and Children, the
Temporary Assistance for Needy Families Program; or the Lifeline Assistance
Program;
b. Was approved for
unemployment within the last twelve (12) months; or
c. Has an income that does not exceed two
hundred percent (200%) of the federal poverty income guidelines.
R.
Reciprocity
1. An applicant
applying for reciprocal licensure shall meet the following requirements:
a. Shall hold a substantially similar license
in another United States jurisdiction. A license from another state is
substantially similar to the license sought by the applicant if the other
state's licensure qualifications require:
i.
For sellers, installers, and repairers, the appropriate ASME Code stamp as
required per Rule 010.01 -08(K);
ii. For inspectors, employment by an
insurance company and proof of successful passage of the examination for boiler
inspectors administered by the National Board of Boiler and Pressure Vessel
Inspectors; and
iii. For boiler
operators, an examination requirement with an experience requirement of at
least six (6) months.
b.
Shall hold his or her license in good standing and shall provide a letter from
the licensing authority attesting the disciplinary status of the applicant and
show that he or she has not had a license revoked for:
i. an act of bad faith; or
ii. a violation of law, rule, or
ethics.
c. Shall not
hold a suspended or probationary license in a United States
jurisdiction.
2.
Required documentation: an applicant shall submit a fully-executed application,
with the required fee, and the documentation described below:
a. As evidence that the applicants license
from another jurisdiction is substantially-similar to Arkansas's, the applicant
shall submit the following:
i. Evidence of
current and active licensure in the sister state. The division may verify this
information online, if the jurisdiction at issue provides primary source
verification on its website, or by telephone to the sister state's licensing
entity; and
ii. Evidence that the
sister state's licensing requirements match those listed in Rule 010.01
-008(R)(1)(a). The division may verify this information online or by telephone
with the sister state's licensing entity.
b. To demonstrate that he or she meets the
requirement in Rule 010.01 -008(R)(1)(b), the applicant shall provide the
division with:
i. The names of all states in
which the applicant is currently or has been previously licensed;
ii. Letters of good standing or other
information from each state in which the applicant is currently or has ever
been licensed showing that he or she has not had his or her license revoked for
the reasons listed in Rule 010.01 -008(R)(1)(b) and (c). The division may
verify this information online or by telephone with the other state's licensing
entity.
c. As evidence
that the applicant is sufficiently competent, he or she shall:
i. If an applicant is seeking a license as a
seller, installer or repairer, proof of the appropriate ASME Code stamp as
required per Rule 010.01 -08(K);
ii. If an applicant is seeking a license as
an inspector, proof of employment by an insurance company authorized to insure
boilers in Arkansas and proof of successful passage of the examination for
boiler inspectors administered by the National Board of Boiler and Pressure
Vessel Inspectors; and
iii. If an
applicant is seeking a license as a boiler operator, proof of at least six (6)
months experience.
3. Temporary and Provision License
a. The division shall issue a temporary and
provisional license immediately upon receipt of the application, the required
fee, and the documentation required under Rule 010.01 - 008(R)(2)(a) and
(b).
b. A temporary and provisional
license shall be effective for at least 90 days or until the divisions makes a
decision on the application, unless the division determines that the applicant
does not meet the requirements in Rule 010.01 -008(R)(2)(a)-(c), in which case
the temporary and provisional license shall be revoked immediately.
c. An applicant may provide the rest of the
documentation required above in order to receive a license, or the applicant
may provide only the information necessary for the issuance of a temporary and
provisional license.
4.
License for a Person From a State that Does Not License Boiler Operators:
a. Required qualifications: An applicant from
a state that does not license boiler operators shall meet the following
requirements:
i. have six (6) months
experience as a boiler operator; and
ii. pass the examination administered by the
division.
b. Required
documentation: An applicant for a boiler operator license shall submit a
fully-executed application, the required fee, and the documentation described
below to show that the applicant is sufficiently competent:
i. letter(s) from former employers verifying
six (6) months experience as a boiler operator; and
ii. a passing score on the examination
administered by the division.