Arkansas Contractor Licensing Law

Arkansas Code · 71 sections

The following is the full text of Arkansas’s contractor licensing law statutes as published in the Arkansas Code. For the official version, see the Arkansas Legislature.

Ark. Code Ann. § 17-15-102

As used in this chapter, unless the context otherwise requires: (1) "Architect" means a person who is technically and legally qualified to practice architecture; (2) "Direct supervision" means that degree of supervision by a person overseeing the work of another whereby the supervisor has both control over and detailed professional knowledge of the work prepared under his or her supervision; (3) [Repealed.] (4) (A) (i) "Practice of architecture" means the provision of, or offering to provide, services in connection with the design and construction, enlargement, or alteration of a building or group of buildings, and the space within and surrounding such buildings, which is designed for human occupancy or habitation. (ii) The services include: (a) Planning; (b) Providing preliminary studies, designs, drawings, specifications, and other technical submissions; and (c) Administration of construction contracts. (B) "Practice of architecture" does not include the practice of engineering as defined in § 17-30-101 et seq., or the practice of contracting as defined in § 17-25-101 et seq., but a registered architect may perform such engineering work as is incidental to the practice of architecture, and an engineer may practice such architectural work as is incidental to the practice of engineering. (C) The provisions of this chapter affirm the legal authority of an engineer licensed under § 17-30-101 et seq., to provide consultation, investigation, evaluation, planning, and design of buildings intended for the accommodation of equipment, vehicles, goods, or processes or other utilitarian function, with human occupancy including office space as required for the support of these functions, provided the engineer is practicing within his or her area of competency as defined in § 17-30-101 et seq.; (5) "Registered architect" means an architect holding a current registration in the State of Arkansas; (6) "Registration" means the certificate of registration issued by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers; and (7) "Technical submissions" means drawings, specifications, studies, and other technical reports prepared in the course of practicing architecture. Amended by Act 2019, No. 990,§ 16, eff. 7/24/2019. Acts 1941, No. 270, §§ 1, 14; A.S.A. 1947, §§ 71-301, 71-312; Acts 1993, No. 578, § 1; 1995, No. 860, § 1; 2009, No. 1367, § 4.

Ark. Code Ann. § 17-25-101

(a) (1) As used in this chapter, "contractor" means any person, firm, partnership, copartnership, association, corporation, or other organization, or any combination thereof, that for a fixed price, commission, fee, or wage attempts to or submits a bid to construct or demolish, or contracts or undertakes to construct or demolish, or assumes charge, in a supervisory capacity or otherwise, or manages the construction, erection, alteration, demolition, or repair, or has or have constructed, erected, altered, demolished, or repaired, under his or her, their, or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure on public or private property for lease, rent, resale, public access, or similar purpose, except single-family residences, when the cost of the work to be done, or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000) or more. (2) However, when a person or an entity acts as a contractor in the construction, erection, alteration, demolition, or repair of his or her own or its own property, such action shall not result in the person's or entity's being required to obtain a license, but the person or entity shall comply with all other provisions of this chapter. (b) However, the fifty-thousand-dollar exception shall not apply to any project of construction in which any of the construction work necessary to complete the project, except any in-progress change orders, is divided into separate contracts of amounts less than fifty thousand dollars ($50,000), a purpose being to circumvent the provisions of this chapter. (c) It is the intention of this definition to include all improvements, demolition, or structures, excepting only single-family residences. (d) (1) Materials purchased by a prime contractor from a third party shall not be considered as part of the subcontractor's project if the prime contractor has the proper classification listed on a current contractor's license for the work being performed by the subcontractor. (2) Materials purchased by a person or an entity acting as a contractor in the construction, erection, alteration, or repair of his or her own or its own property from a third party shall not be considered as a part of the subcontractor's project, provided that the subcontract is for wood framing, shingle roofing, painting, floor covering, concrete labor, or installation of playground equipment. (e) "Owner" means a person who owns property or is a lessee of property. (f) "Person" means any natural person, limited or general partnership, corporation, association, limited liability company, trust or other legal entity, and any organization capable of conducting business, or any combination thereof. (g) "Prime contractor" means a contractor who contracts directly with the owner of property. (h) "Subcontractor" means a person who contracts directly with a prime contractor or another subcontractor. Amended by Act 2019, No. 805,§ 1A, eff. 7/1/2020. Amended by Act 2019, No. 386,§ 12, eff. 7/24/2019. Amended by Act 2015, No. 1048,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 858,§ 1, eff. 7/22/2015. Acts 1965, No. 150, § 1; 1967, No. 142, § 1; 1971, No. 397, § 1; 1977, No. 684, § 1; 1979, No. 1020, § 1; 1985, No. 180, § 1; A.S.A. 1947, § 71-701; Acts 1987, No. 495, § 1; 1989, No. 26, § 1; 1995, No. 553, § 1; 1999, No. 1358, § 1; 2007, No. 275, § 1. Next

Ark. Code Ann. § 17-25-102

The following shall be exempted from the provisions of this chapter: (1) The practice of contracting as defined in § 17-25-101 by an authorized representative or representatives of the United States Government, State of Arkansas, incorporated town, city or county, or other political subdivision in this state; (2) Architects and engineers, whose only financial interest in a project shall be the architectural or engineering fees for preparing plans, specifications, surveys, and supervision that is customarily furnished by architects and engineers; (3) (A) Manufacturers who produce equipment to be installed in the State of Arkansas and have the responsibility for the installation of the equipment, which would require a license under this chapter, if the installation is performed by a contractor properly licensed under this chapter. (B) The Contractors Licensing Board shall have the authority to define "manufacturers" as it is used in this subdivision (3); and (4) (A) Subcontractors of a licensed contractor who are properly registered with the board under this chapter. (B) The board may issue rules necessary for the: (i) Implementation of a registration process; (ii) Determination of application fees for registration; and (iii) Establishment of civil penalties in the same amounts and under the same procedures as for other license holders under this chapter. Amended by Act 2019, No. 805,§ 2, eff. 7/1/2020. Acts 1965, No. 150, §§ 1, 16; 1967, No. 142, § 1; 1971, No. 397, § 1; 1977, No. 684, § 1; 1979, No. 1020, § 1; A.S.A. 1947, §§ 71-701, 71-715; Acts 2001, No. 583, § 1.

Ark. Code Ann. § 17-25-103

(a) (1) It is a violation of this chapter for any contractor to knowingly do any of the following: (A) (i) For a fixed price, commission, fee, or wage attempt to or submit a bid or bids to construct or demolish or contract to construct or demolish, or undertake to construct or demolish, or assume charge in a supervisory capacity or otherwise, or manage the construction, erection, alteration, demolition, or repair of, or has constructed, erected, altered, demolished, or repaired, under his or her or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure, when the cost of the work to be done, or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000) or more, without first having procured a license or registration with the proper classification to engage in the business of contracting in this state. (ii) Subdivision (a)(1)(A)(i) of this section does not apply to any demolition work or other work necessary to clean up a natural disaster within seventy-two (72) hours following the natural disaster; (B) Present or file the license or registration certificate of another; (C) Give false or forged evidence of any kind to the Contractors Licensing Board or any member thereof in obtaining a certificate of license or registration; (D) Impersonate another; or (E) Use an expired or revoked certificate of license or registration. (2) A violation under subdivision (a)(1) of this section is a Class A misdemeanor, with each day of activity constituting a separate offense. (b) The doing of any act or thing herein prohibited by any applicant, licensee, or registrant shall, in the discretion of the board, constitute sufficient grounds to refuse a license or registration to an applicant or to revoke the license of a licensee or the registration of a registrant. (c) Regarding any violation of this chapter, the board shall have the power to issue subpoenas and bring before the board as a witness any person in the state and may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence. (d) No action may be brought either at law or in equity to enforce any provision of any contract entered into in violation of this chapter. No action may be brought either at law or in equity for quantum meruit by any contractor in violation of this chapter. (e) (1) (A) Any contractor who, after notice and hearing, is found by the board to have violated or used a contractor in violation of this chapter shall pay to the board a civil penalty of not less than one hundred dollars ($100) nor more than four hundred dollars ($400) per day for the activity. However, the penalty shall not exceed three percent (3%) of the total project being performed by the contractor. (B) (i) The penalty provided for in this chapter plus interest at ten percent (10%) per annum shall be paid to the board before the contractor can be issued a license to engage in the business of contracting in this state. (ii) In addition to the assessment of the penalty, the board, upon a finding of a violation of this chapter, may issue an order of abatement directing the contractor to cease all actions constituting a violation of this chapter. (2) The board shall have the power to withhold approval for up to six (6) months of any application from any person who, before approval of the application, has been found in violation of this chapter. (3) All hearings and appeals therefrom under this chapter shall be pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (4) No proceedings under this chapter may be commenced by the board after three (3) years from the date on which the act or omission which is the basis for the proceeding occurred. (5) The board shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service on the contractor of the order assessing the penalty, unless the circuit court enters a stay pursuant to the provisions of this chapter. (6) (A) The board shall have the power to file suit in the Pulaski County Circuit Court to enforce any order of abatement not complied with within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order of abatement. (B) If the circuit court finds the order of abatement to have been properly issued, it may enforce the order by any means by which injunctions are ordinarily enforced. (C) However, nothing shall be construed herein to diminish the contractor's right to appeal and obtain a stay pursuant to the procedures provided for in this chapter. Amended by Act 2019, No. 805,§ 4, eff. 7/1/2020. Amended by Act 2019, No. 805,§ 3, eff. 7/1/2020. Amended by Act 2015, No. 1048,§ 2, eff. 7/22/2015. Acts 1965, No. 150, § 14; 1985, No. 180, § 4; A.S.A. 1947, § 71-713; Acts 1987, No. 495, § 3; 1989, No. 795, § 2; 1999, No. 43, § 1; 2007, No. 275, § 2.

Ark. Code Ann. § 17-25-104

Next When any contractor engages or attempts to engage in the business of contracting as herein defined, in violation of this chapter, the Contractors Licensing Board shall have the right to go into a court where venue is proper and is of competent jurisdiction and, upon affidavit, secure a writ of injunction, without bond, restraining and prohibiting the contractor from performance of the work then being done or about to commence. Amended by Act 2019, No. 805,§ 5, eff. 7/1/2020. Acts 1965, No. 150, § 18; A.S.A. 1947, § 71-717. Previous Next

Ark. Code Ann. § 17-25-105

Next In all prosecutions for violations of the provisions of this chapter for engaging in the business of contracting without a certificate of authority, it shall be sufficient to allege in the indictment, affidavit, or complaint that "'A.' unlawfully engaged in business as a contractor, without authority from the Contractors Licensing Board, State of Arkansas, to do so." Acts 1965, No. 150, § 15; A.S.A. 1947, § 71-714. Previous Next

Ark. Code Ann. § 17-25-107

(a) The definitions under § 5-28-101 apply to this chapter. (b) Any contractor licensed or registered under this chapter that is found by the Contractors Licensing Board or the Residential Contractors Committee to have abused, neglected, or exploited an endangered person or an impaired person while engaging in performing the services of a contractor as defined under § 17-25-101 is subject to emergency license or registration suspension under §§ 17-25-309 and 17-25-510 . (c) The board may provide evidence, documentation, reports, and information related to the abuse, neglect, or exploitation of an endangered person or an impaired person to any entity with the authority to enforce § 5-28-101 et seq. Added by Act 2019, No. 805,§ 6, eff. 7/1/2020. Previous

Ark. Code Ann. § 17-25-201

(a) There is created a Contractors Licensing Board, consisting of seven (7) members, who shall be appointed by the Governor. (b) (1) Each member shall be at least thirty-five (35) years of age and must have been a resident of the State of Arkansas for the previous five (5) years. (2) (A) Five (5) members shall be contractors of not fewer than ten (10) years' experience in responsible charge of construction projects of a magnitude consistent with the duties of their offices. Each must hold an unexpired contractor's license issued under this chapter. Each must, at the time of appointment, maintain his or her principal place of business in Arkansas. (B) At least one (1) member of the board shall have had as a larger part of his or her business the construction of sewers and waterworks. (C) At least one (1) member of the board shall have had as a larger part of his or her business the construction of buildings. (D) At least one (1) member of the board shall have had as a larger part of his or her business the construction of highways. (3) Two (2) members of the board shall not be actively engaged in or retired from the profession of contracting. One (1) shall represent consumers, and one (1) shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations. (c) (1) Members shall serve five-year terms. (2) Terms shall expire on December 31 of the fifth year. (3) Each member shall hold over after the expiration of his or her term until his or her successor shall be duly appointed and qualified. (4) If a vacancy shall occur in the board for any cause, it shall be filled by appointment by the Governor. (5) The Governor may remove any member of the board at any time for misconduct, incompetency, or neglect of duty. (d) Each member of the board shall receive a certificate of appointment from the Governor and, before entering upon the discharge of the duties of his or her office, shall file with the Secretary of State the constitutional oath of office. (e) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Acts 1965, No. 150, §§ 2, 3, 6; 1969, No. 293, § 1; 1973, No. 293, § 1; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1985, No. 180, § 2; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 71-702, 71-703, 71-706; Acts 1989, No. 487, § 6; 1989, No. 795, § 1; 1997, No. 250, § 132. Next

Ark. Code Ann. § 17-25-202

Next (a) The Contractors Licensing Board shall elect a chair, vice chair, and secretary, each to serve in his or her respective capacity for one (1) year. Officers shall be elected by the board annually. (b) The board shall have two (2) regular meetings in each year. One (1) meeting shall be in the month of February, and one (1) meeting shall be in the month of August, for the purpose of transacting such business as may properly come before it, on call of the Chair of the Contractors Licensing Board. (c) Special or adjourned meetings may be held at such times as the board may provide by the bylaws which it shall adopt, or at such times as the board may, by reasonable resolution, provide. (d) Due notice of each meeting and the time and place thereof shall be given to each member in such manner as the bylaws shall provide. (e) Three (3) members of the board shall constitute a quorum. (f) The board shall adopt a seal for its own use and shall have on it the words, "Contractors Licensing Board, State of Arkansas, Seal", and the secretary shall have charge and custody of it. Acts 1965, No. 150, § 4; 1979, No. 1020, § 2; A.S.A. 1947, § 71-704. Previous Next

Ark. Code Ann. § 17-25-203

Next (a) The Contractors Licensing Board shall have power to make such bylaws and rules for its operation as it shall consider appropriate, provided that they are not in conflict with the laws of the State of Arkansas. (b) All expenses incurred by the board for the administration of this chapter are authorized to be paid by the board. (c) The board, or any committee thereof, shall be entitled to the services of the Attorney General or other state legal counsel as deemed appropriate, in connection with the operation of the affairs of the board. Additional legal counsel may be employed by the board from time to time as it may deem necessary. Amended by Act 2019, No. 315,§ 1377, eff. 7/24/2019. Acts 1965, No. 150, §§ 3, 4, 6; 1969, No. 293, § 1; 1973, No. 293, § 1; 1979, No. 1020, § 2; 1985, No. 180, § 2; A.S.A. 1947, §§ 71-703, 71-704, 71-706. Previous Next

Ark. Code Ann. § 17-25-204

Next The Contractors Licensing Board in consultation with the Secretary of the Department of Labor and Licensing may employ a chief administrative employee, also known as "administrator", who shall possess such qualifications as may be determined by the board and who shall serve at the pleasure of the board. In addition, the board may employ such additional professional and clerical employees as may be necessary for the operation of the board and its various functions and pay salaries thereto as may be authorized by law. Amended by Act 2019, No. 910,§ 5417, eff. 7/1/2019. Acts 1965, No. 150, § 6; 1969, No. 293, § 1; 1973, No. 293, § 1; 1985, No. 180, § 2; A.S.A. 1947, § 71-706. Previous Next

Ark. Code Ann. § 17-25-205

Next The fees of the Contractors Licensing Board shall be deposited into banks to be used by the Contractors Licensing Board in the manner prescribed by law, similar to the accounts of other examining and licensing boards of the state, and shall be audited under rules prescribed by the Secretary of the Department of Finance and Administration. Amended by Act 2019, No. 315,§ 1378, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3424, eff. 7/1/2019. Acts 1965, No. 150, § 5; A.S.A. 1947, § 71-705. Previous Next

Ark. Code Ann. § 17-25-206

(a) The Secretary of the Contractors Licensing Board shall keep a record of the proceedings of the Contractors Licensing Board. (b) The Secretary of the Contractors Licensing Board shall keep a register of all applications for license showing for each: (1) The date of application, name, qualification, place of business, and place of residence; (2) Whether the license was granted or refused; and (3) A complete transcript of the proceedings, including evidence submitted by applicants, licensees, the board, or otherwise, at any hearing. (c) The books and register of this board, including transcripts of proceedings, shall be prima facie evidence of all matters recorded therein. A certified copy of such books or register, including a transcript of proceedings, under the seal of the board and attested by the Secretary of the Contractors Licensing Board, shall be received in evidence in all courts of the state in lieu of the original. (d) A roster showing the names and places of business and of residence of all licensed contractors shall be prepared annually by the Secretary of the Contractors Licensing Board. (e) On or before August 1 of each year, the board shall submit to the Secretary of the Department of Labor and Licensing a report of its transactions for the preceding year and shall file with the Secretary of State a copy of the report, together with a complete statement of receipts and expenditures of the board attested by the affidavit of the Chair of the Contractors Licensing Board and the Secretary of the Contractors Licensing Board and a copy of the roster of licensed contractors. (f) A record shall be made and preserved by the board of each examination of applicant or licensee. The findings of the board thereon and a certified copy of the record shall be furnished to any applicant or licensee desiring to appeal from the findings of the board, as provided in § 17-25-312 , upon payment of the costs of transcribing the record. Amended by Act 2019, No. 910,§ 5418, eff. 7/1/2019. Acts 1965, No. 150, §§ 5, 7, 9; A.S.A. 1947, §§ 71-705, 71-707, 71-709; Acts 1999, No. 43, § 2. Previous

Ark. Code Ann. § 17-25-301

(a) The issuance of a certificate of license or registration by the Contractors Licensing Board shall be evidence that the person, firm, or corporation named on the certificate of license or registration is entitled to all of the rights and privileges of a licensed or registered contractor while the license or registration remains unrevoked or unexpired. (b) (1) Upon making application to the building inspector or other authority of any incorporated city or town in Arkansas charged with the duty of issuing building or other permits for the construction of any building, apartment, condominium, utility, highway, sewer, grading, or any other improvement or structure, when the cost of the work to be done by the contractor, but not limited to labor and materials, is fifty thousand dollars ($50,000) or more, any person, firm, or corporation, before being entitled to the issuance of such permits, shall furnish satisfactory proof to the inspector or authority that he or she is duly licensed under the terms of this chapter. (2) It shall be unlawful for the building inspector or other authority to issue or allow the issuance of a building permit unless and until the applicant has furnished evidence that he or she is either exempt from the provisions of this chapter or is duly licensed under this chapter to carry out or superintend the work for which the permit has been applied. Amended by Act 2019, No. 805,§ 7, eff. 7/1/2020. Amended by Act 2015, No. 1048,§ 3, eff. 7/22/2015. Acts 1965, No. 150, § 13; A.S.A. 1947, § 71-712; Acts 1987, No. 495, § 2. Next

Ark. Code Ann. § 17-25-302

Next The Contractors Licensing Board shall have power to limit by proper classification the license or registration to the character of work for which the applicant is qualified. Amended by Act 2019, No. 805,§ 8, eff. 7/1/2020. Acts 1965, No. 150, § 10; A.S.A. 1947, § 71-710; Acts 1999, No. 43, § 3. Previous Next

Ark. Code Ann. § 17-25-303

Next (a) (1) (A) A person desiring to be licensed or registered as a contractor in this state shall make and file with the Contractors Licensing Board thirty (30) days before any regular or special meeting of the board, a written application on a form prescribed by the board, for examination by the board. (B) The application shall be accompanied by payment in a sum to be determined by the board, but not to exceed one hundred dollars ($100) to the board. (2) The thirty-day requirement may be waived by the board provided that the contractor has on file with the board a completed original application and proof of having successfully completed any examination required. (b) Thereafter, an annual renewal license or registration fee to be determined by the board but not to exceed one hundred dollars ($100) shall be paid by each licensee or registrant to defray the costs and expenses of the administration of this chapter. Amended by Act 2019, No. 805,§ 10, eff. 7/1/2020. Amended by Act 2019, No. 805,§ 9, eff. 7/1/2020. Acts 1965, No. 150, § 8; 1971, No. 546, § 1; 1979, No. 1020, § 3; 1985, No. 180, § 3; A.S.A. 1947, § 71-708; Acts 1997, No. 335, § 1. Previous Next

Ark. Code Ann. § 17-25-304

Next (a) (1) All persons and entities required by this chapter to be licensed by the Contractors Licensing Board shall transmit to the board with their original and renewal applications a financial statement of the applicant reviewed by a licensed certified public accountant or licensed public accountant in accordance with the American Institute of Certified Public Accountants Statements on Standards for Accounting and Review Services. (2) However, if the total cost of the work to be completed by the applicant, including without limitation labor and materials, is less than seven hundred fifty thousand dollars ($750,000) for a single project, the applicant shall transmit to the board with his or her original and renewal applications a compiled financial statement of the applicant prepared by a licensed certified public accountant or licensed public accountant in accordance with the American Institute of Certified Public Accountants Statements on Standards for Accounting and Review Services. (b) (1) The financial statement shall not be made public information and shall not be made available for inspection by any person, except pursuant to an order of a court of competent jurisdiction. (2) After the contractor is licensed, the board has the option of: (A) Destroying the financial statement by the process of shredding; or (B) Returning the financial statement to the contractor. (c) (1) In lieu of providing a financial statement for a person or entity required to be licensed or registered by the board as required by subsections (a) and (b) of this section, an applicant may provide a surety bond from: (A) A surety authorized to transact surety business in the State of Arkansas; and (B) A surety listed on the current United States Department of the Treasury's List of Approved Sureties. (2) The surety bond shall be in an amount ten (10) times the required net worth for the applicant's license or registration classification with his or her initial or renewal application. (3) The surety bond provided under this subsection shall: (A) Be continuous in form; (B) (i) Be maintained in effect for as long as the applicant maintains the license or registration issued by the board. (ii) If an applicant submits a financial statement acceptable to the board, the surety bond may be canceled; (C) (i) List the State of Arkansas as obligee for the bond. (ii) The state shall have priority over all other claims to recover against the bond; (D) Be for the benefit of any person who is damaged by: (i) An act or omission of the applicant constituting a breach of a construction contract or a contract for the furnishing of labor, materials, or professional services for construction undertaken by the applicant; or (ii) An unlawful act or omission of the applicant in performing the services of a contractor as defined under § 17-25-101 ; and (E) Be in addition to, and not in lieu of, any other surety bond required of the applicant by law or rule, or by any party to a contract with the applicant. (4) (A) The surety bond provided in this subsection may only be canceled by notification to the board by the surety and the applicant sixty (60) days before cancellation. (B) When the surety bond is canceled, the licensee or registrant shall provide a replacement bond or submit a financial statement as required by this section before the effective date of the cancellation or the license or registration of the licensee or registrant shall be suspended. (5) The board may adopt rules necessary to enforce this subsection. Amended by Act 2019, No. 805,§ 11, eff. 7/1/2020. Amended by Act 2017, No. 805,§ 1, eff. 8/1/2017. Acts 1981, No. 275, § 1; A.S.A. 1947, § 71-708.1; Acts 1997, No. 378, § 1; 2011, No. 4, § 1. Previous Next

Ark. Code Ann. § 17-25-305

Next (a) The Contractors Licensing Board, in determining the qualifications of any applicant for an original license or any renewal license, shall, among other things, consider the following: (1) Experience; (2) Ability; (3) The manner of performance of previous contracts; (4) Financial condition; (5) Equipment; (6) Any other fact tending to show ability and willingness to conserve the public health and safety; and (7) Default in complying with the provisions of this chapter or another law of the state. (b) The board may develop reciprocal agreements with other states with similar licensing responsibilities. (c) In addition to the offenses listed in § 17-3-102 , the board may consider the following offenses when determining fitness for licensure or registration of a contractor under this chapter: (1) Conviction of a crime with an element of dishonesty or fraud under the laws of this state, another state, or the United States; (2) Conviction of voyeurism as prohibited in §§ 5-16-101 and 5-16-102 ; (3) Conviction under the Arkansas Hot Check Law, § 5-37-301 et seq.; and (4) (A) A crime or act that is substantially related to the qualifications, functions, or duties of a contractor. (B) A crime or act may be deemed substantially related to the qualifications, functions, or duties of a contractor if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a contractor's license or registration to perform the functions authorized by the license or registration. Amended by Act 2019, No. 990,§ 27, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 26, eff. 7/24/2019. Acts 1965, No. 150, § 9; A.S.A. 1947, § 71-709; Acts 1997, No. 335, § 2. Previous Next

Ark. Code Ann. § 17-25-306

Next (a) Any person desiring to apply for a license shall be permitted to take an examination to determine the applicant's qualifications. (b) If the result of the examination of any applicant shall be satisfactory to the Contractors Licensing Board, and if the application complies with the board's rules, then the board shall issue to the applicant a certificate to engage in contracting in the State of Arkansas. (c) Anyone failing to pass the examination may be reexamined at any regular meeting of the board upon payment of the regular fee. Amended by Act 2019, No. 315,§ 1379, eff. 7/24/2019. Acts 1965, No. 150, § 8; 1971, No. 546, § 1; 1979, No. 1020, § 3; 1985, No. 180, § 3; A.S.A. 1947, § 71-708; Acts 2001, No. 583, § 2. Previous Next

Ark. Code Ann. § 17-25-307

Next (a) All certificates of license or registration to engage in performing the services of a contractor as defined under § 17-25-101 in the State of Arkansas shall expire at 12:00 midnight on the day before the anniversary date of issuance unless otherwise designated by the Contractors Licensing Board, and all certificates of license or registration shall become invalid on that day unless renewed. (b) A registration may be renewed for a period of one (1) year, two (2) years, or three (3) years with the fee of one hundred dollars ($100) per year. Amended by Act 2021, No. 330,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 805,§ 12, eff. 7/1/2020. Acts 1965, No. 150, § 8; 1971, No. 546, § 1; 1979, No. 1020, § 3; 1985, No. 180, § 3; A.S.A. 1947, § 71-708. Previous Next

Ark. Code Ann. § 17-25-308

Next (a) The Contractors Licensing Board may revoke the certificate of license or registration of any contractor licensed or registered under this chapter who is found guilty of any fraud or deceit in obtaining a license or registration or for aiding or abetting any contractor or person to violate the provisions of this chapter or for gross negligence, incompetence, or misconduct in the conduct of the contractor's business. (b) The board may revoke the certificate of license of a contractor licensed under this chapter who fails to obtain or maintain workers' compensation coverage as required under the Workers' Compensation Law, § 11-9-101 et seq., and § 17-25-514 . Amended by Act 2019, No. 805,§ 13, eff. 7/1/2020. Acts 1965, No. 150, § 12; A.S.A. 1947, § 71-711; Acts 2009, No. 327, § 4. Previous Next

Ark. Code Ann. § 17-25-309

Next (a) Any person may prefer charges in connection with the foregoing against any contractor licensed or registered under this chapter. (b) The charges shall be in writing and sworn to by the complainant and mailed to the Contractors Licensing Board and, unless dismissed without hearing by the board as unfounded or trivial, shall be heard and determined by the board. (c) A time and place for the hearing shall be fixed by the board, and the hearing shall be held in the State of Arkansas. (d) A copy of the charges, together with the notice of the time and place of hearing, shall be considered as legally served by the board when sent to the last known address of the accused by certified mail at least ten (10) days before the date fixed for the hearing. In the event that such service cannot be effected ten (10) days before the hearing, then the date of hearing and determination shall be postponed as may be necessary to permit the carrying out of this condition. (e) At the hearing the accused contractor shall have the right to appear personally and by counsel and to cross-examine witnesses and to submit evidence in the contractor's behalf and defense. (f) If after the hearing the board finds the facts as alleged and of such character as to disqualify the contractor, then the board shall revoke the license or registration of the contractor, but in that event no refund shall be made of the license or registration fee. (g) Within its discretion and upon proper application or hearing, the board may reissue a license or registration to any contractor whose license or registration has been revoked. (h) (1) When abuse, neglect, or exploitation of an endangered person or an impaired person is found by the board to have occurred, the board may: (A) State in writing that due to imminent physical or other harm to the endangered person or impaired person, the situation merits the emergency suspension of a license or registration; and (B) Proceed with the suspension of a license or registration without a hearing or upon any abbreviated hearing that the board finds practicable to suspend the license or registration. (2) The emergency suspension shall become effective immediately, unless otherwise stated in the written determination by the board. (3) The emergency suspension may be effective for a period of thirty (30) days or less and the emergency suspension shall not be renewable. (4) When an emergency suspension is ordered, a formal suspension or revocation proceeding shall be promptly instituted and acted upon in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 805,§ 16, eff. 7/1/2020. Amended by Act 2019, No. 805,§ 15, eff. 7/1/2020. Amended by Act 2019, No. 805,§ 14, eff. 7/1/2020. Acts 1965, No. 150, § 12; A.S.A. 1947, § 71-711; Acts 1999, No. 43, § 4; 2003, No. 91, § 1. Previous Next

Ark. Code Ann. § 17-25-310

Next A certificate of license or registration to replace any lost, destroyed, or mutilated certificate may be issued subject to the rules of the Contractors Licensing Board. Amended by Act 2019, No. 805,§ 17, eff. 7/1/2020. Amended by Act 2019, No. 315,§ 1380, eff. 7/24/2019. Acts 1965, No. 150, § 12; A.S.A. 1947, § 71-711. Previous Next

Ark. Code Ann. § 17-25-311

Next (a) A corporation or partnership may engage in the business of contracting when licensed by the Contractors Licensing Board. (b) It shall be unlawful and a violation of this chapter for any two (2) or more contractors, whether doing business as individuals, partnerships, corporations, or other organizations, to jointly submit a bid or enter into a contract for construction as a joint venture unless all parties to the joint venture are licensed pursuant to this chapter. (c) Any combination of contractors other than a joint venture shall obtain a license for the combination before submitting a bid. Acts 1965, No. 150, § 17; 1985, No. 180, § 5; A.S.A. 1947, § 71-716. Previous Next

Ark. Code Ann. § 17-25-313

Next All architects and engineers preparing plans and specifications for work to be contracted in the State of Arkansas shall include in their invitation to bidders and in their specifications a copy of this chapter or such portions thereof as are deemed necessary to convey to the invited bidder, whether he or she is a resident of this state or not, the information that it will be necessary for him or her to have a certificate of license with the proper classification from the Contractors Licensing Board before his or her bid is submitted. Acts 1965, No. 150, § 19; A.S.A. 1947, § 71-718; Acts 1999, No. 43, § 5. Previous Next

Ark. Code Ann. § 17-25-315

Next (a) (1) The Contractors Licensing Board shall have the power to promulgate rules for the efficient enforcement of this chapter and shall also have the power to assign the right or give permission to any state agency, board, or commission to determine qualifications of a contractor solely for the purpose of submitting a bid to the state agency, board, or commission on projects involving federal aid funds before the contractor's being licensed by the Contractors Licensing Board. (2) No state agency, board, or commission shall execute any construction contract involving federal aid funds unless and until the successful bidder for the project furnishes a certificate of license issued by the Contractors Licensing Board. (b) (1) The Contractors Licensing Board shall have the power to provide by rule for any political subdivision or other political corporation to accept bids from unlicensed contractors for projects involving federal funds. (2) However, no contractor shall submit a bid under this section before submitting application for licensure, and no political subdivision or political corporation shall execute any construction contract unless and until the successful bidder for the project furnishes an appropriate license issued by the Contractors Licensing Board. Amended by Act 2019, No. 315,§ 1382, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1381, eff. 7/24/2019. Acts 1965, No. 150, § 11; 1985, No. 180, § 6; A.S.A. 1947, § 71-720. Previous Next

Ark. Code Ann. § 17-25-316

Next (a) A contractor required to be licensed or registered by the Contractors Licensing Board shall obtain and maintain workers' compensation coverage as required under the Workers' Compensation Law, § 11-9-101 et seq. (b) The board shall require proof of current workers' compensation coverage before issuing or renewing a license or registration to a contractor required to have workers' compensation coverage under the Workers' Compensation Law, § 11-9-101 et seq. (c) (1) If a contractor fails to maintain workers' compensation coverage or fails to maintain proof of current workers' compensation coverage on file with the board, the board may revoke or suspend the contractor's license or registration. (2) A contractor's license or registration that has been revoked or suspended due to failure to maintain workers' compensation coverage may be reinstated upon receipt by the board of proof that the contractor has secured workers' compensation coverage. (d) The board shall promulgate rules necessary to enforce this section. Amended by Act 2019, No. 805,§ 18, eff. 7/1/2020. Acts 2009, No. 327, § 5. Previous Next

Ark. Code Ann. § 17-25-317

(a) (1) Upon reaching the age of sixty-five (65), or any time thereafter, any individual who has received a certificate of license as a contractor from the Contractors Licensing Board for not less than twelve (12) years may apply for a lifetime certificate of license as a contractor. (2) The lifetime certificate of license as a contractor shall be issued upon satisfactory proof of age and upon payment of a one-time fee of sixty-five dollars ($65.00). (3) The annual renewal fee for a lifetime license shall be waived if all required information is provided on the renewal application. (b) An individual issued a lifetime certificate of license as a contractor shall maintain: (1) All bonds as required by law or rule of the board for any period in which any work as a contractor is performed for remunerative purposes, whether as an employee or an independent contractor; and (2) Workers' compensation coverage as required under the Workers' Compensation Law, § 11-9-101 et seq., and § 17-25-514 . Added by Act 2023, No. 73,§ 1, eff. 8/1/2023. Previous

Ark. Code Ann. § 17-25-401

(a) (1) As used in this subchapter, "contractor" means a person, firm, joint venture, partnership, copartnership, association, corporation, or other organization engaged in the business of the construction, alteration, dismantling, demolition, or repairing of roads, bridges, viaducts, sewers, water and gas mains, streets, disposal plants, water filters, tanks, towers, airports, buildings, dams, levees, canals, railways and rail facilities, oil and gas wells, water wells, pipelines, refineries, industrial or processing plants, chemical plants, power plants, electric, telephone, or any other type of energy or message transmission lines or equipment, or any other kind of improvement or structure. (2) As used in this subchapter, "contractor" includes: (A) All original, prime, and general contractors; and (B) A contractor who is required to obtain a contractor's license or registration under the state licensing law of this state, § 17-25-101 et seq. (b) However, when a person or entity acts as a contractor in the construction, erection, alteration, or repair of his or her own or its own property or of a single-family residence, or if the cost of the work to be done, including, but not limited to, labor and materials, is less than fifty thousand dollars ($50,000), the person or entity shall not be deemed a contractor under this chapter. Amended by Act 2019, No. 805,§ 19, eff. 7/1/2020. Amended by Act 2017, No. 252,§ 3, eff. 8/1/2017. Amended by Act 2015, No. 1048,§ 4, eff. 7/22/2015. Acts 1987, No. 162, § 1; 1989, No. 487, § 1; 1991, No. 783, § 1. Next

Ark. Code Ann. § 17-25-402

Next (a) All expenses incurred by the Contractors Licensing Board for the administration of this subchapter are authorized to be paid by the board. (b) (1) All taxes, premiums, contributions, penalties, interest, and fines collected pursuant to this subchapter, except enforcement penalties, shall be distributed pro rata, based upon the amount of taxes, premiums, and contributions due to the Department of Finance and Administration, the Division of Workforce Services, the Workers' Compensation Commission, or any city, county, or school district, or any other state agency or other political subdivision of the state, first to the extent of any taxes, premiums, and contributions due with any remainder applied to interest, penalties, and fines, in that order. (2) All enforcement penalties assessed to a contractor pursuant to the provisions of this subchapter shall be paid directly to the board to defer the cost of enforcement. (c) The board may employ such additional professional and clerical employees as may be necessary and pay salaries thereto as authorized by law. Amended by Act 2019, No. 910,§ 468, eff. 7/1/2019. Acts 1989, No. 487, §§ 6, 9; 1991, No. 783, § 2. Previous Next

Ark. Code Ann. § 17-25-403

Next (a) (1) In the event the contractor fails to honor its financial obligations to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision of the state, the customer for whom the work was being performed shall be responsible for all financial obligations of the contractor to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision of the state, on that customer's project, provided that the customer receives written notice of the contractor's failure to comply with this subchapter before final payment to the contractor. (2) The responsibility of the customer shall not exceed any amount owed to the contractor on or after the date the customer receives the written notice. (3) The written notice shall be sent by certified mail, return receipt requested, and must include the maximum amount of all financial obligations the contractor may potentially owe to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision of the state, arising from that customer's project. (b) (1) As used in this section, "financial obligations" includes, but is not limited to, civil penalties imposed by the State of Arkansas or any city, county, school district, state agency, or other political subdivision of the state. (2) Civil penalties imposed pursuant to § 17-25-103(e)(1)(A) and § 17-25-408 for violations of the provisions of this chapter arise from and are connected to the customer's project, and the provisions of this section apply thereto. Acts 1987, No. 162, § 2; 1989, No. 487, § 2; 1991, No. 783, § 3; 1992 (1st Ex. Sess.), No. 37, § 1; 1999, No. 450, § 1; 2005, No. 187, § 1. Previous Next

Ark. Code Ann. § 17-25-404

Next (a) (1) Before commencing work or undertaking to perform any services or duties in the state, a contractor shall file with the Contractors Licensing Board as the depository agency a surety bond of a surety authorized to do business in this state or a cash bond. (2) The bond shall be a condition of licensure, and a contractor's license shall not be released until the bond has been properly filed. (b) The bond shall be: (1) In a penal sum of ten thousand dollars ($10,000); (2) Payable to the State of Arkansas; and (3) Conditioned on the contractor's complying with the tax laws of the State of Arkansas and, when applicable, the ordinances, rules, and regulations of any city, county, school district, state agency, or other political subdivision of the state, the Division of Workforce Services Law, § 11-10-101 et seq., the Workers' Compensation Law, § 11-9-101 et seq., and the provisions of this subchapter. Amended by Act 2019, No. 910,§ 469, eff. 7/1/2019. Acts 1987, No. 162, § 3; 1989, No. 487, § 3; 1991, No. 783, § 4; 1992 (1st Ex. Sess.), No. 37, § 2; 2005, No. 169, § 1. Previous Next

Ark. Code Ann. § 17-25-406

Next (a) (1) Notice of bond cancellation shall be given to the Contractors Licensing Board in writing sixty (60) days before cancellation. The board shall notify the Department of Finance and Administration, the Division of Workforce Services, and the Workers' Compensation Commission of the notice of cancellation. (2) It shall be the responsibility of each governmental agency to make any claims against the bond in accordance with state law for collection of any taxes, premiums, contributions, penalties, interest, or fines within the statute of limitations of the appropriate state law. (b) A contractor's license that has become invalid due to bond cancellation may be reinstated upon receipt of a proper replacement bond. Amended by Act 2019, No. 910,§ 470, eff. 7/1/2019. Acts 1987, No. 162, § 4; 1989, No. 487, § 5; 1991, No. 783, § 6; 1992 (1st Ex. Sess.), No. 37, § 3. Previous Next

Ark. Code Ann. § 17-25-408

Next (a) The fact that a contractor is performing or has performed work in Arkansas and compliance as required by this subchapter has not been met shall constitute prima facie evidence of failure to comply. (b) Upon notice to the contractor and a hearing thereon, if requested by the contractor or if deemed appropriate by the Contractors Licensing Board or any committee thereof, should it be determined that a violation exists, the board or committee may assess a penalty for noncompliance in a sum not to exceed five percent (5%) of the value of the contract performed, and upon a finding of a second or subsequent violation, the contractor may be assessed a penalty equal to ten percent (10%) of the value of the contract performed. Further, any contractor found in violation for a second or subsequent violation of this subchapter may lose its contractor's license for a period of one (1) year. The board or committee may also issue an order to cease and desist the work pending compliance. (c) Failure of a contractor to comply with the provisions of this subchapter shall be grounds for revocation of any license issued to the contractor by the board. (d) Enforcement of the bond filing requirements contained herein shall be the responsibility of the board. (e) The board shall have the power to make such rules for enforcement as it may consider appropriate and not in conflict with Arkansas law. Amended by Act 2019, No. 315,§ 1383, eff. 7/24/2019. Acts 1987, No. 162, § 5; 1989, No. 487, §§ 6, 7; 1991, No. 783, § 8; 1992 (1st Ex. Sess.), No. 37, § 4. Previous Next

Ark. Code Ann. § 17-25-409

(a) Regarding any violation of this subchapter, the Contractors Licensing Board shall have the power to issue subpoenas and bring before the board as a witness any person in the state and may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence. (b) No proceedings under this section may be commenced by the board after three (3) years from the date on which the act or omission which is the basis for the proceeding occurred. (c) The board shall have the power to file suit in the Pulaski County Circuit Court to enforce any cease and desist order not complied with within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order. If the circuit court finds the order to have been properly issued, it may enforce it by any means by which injunctions are ordinarily enforced. However, nothing shall be construed herein to diminish the contractor's right to appeal. (d) All hearings and appeals therefrom under this section shall be pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1989, No. 487, § 7; 1991, No. 783, § 9. Previous

Ark. Code Ann. § 17-25-501

It is the intent of this subchapter to protect homeowners and the purchasers of homes constructed in this state by establishing reasonable and adequate licensing and regulation of homebuilders and home improvement contractors. It is intended that this subchapter apply to everyone not specifically excluded. It is also the intent of this subchapter that the Residential Contractors Committee be located with the Contractors Licensing Board and that the staff and appropriation for the board be utilized to implement this subchapter. Acts 1999, No. 950, § 1; 2011, No. 1208, § 1. Next

Ark. Code Ann. § 17-25-502

Next As used in this subchapter: (1) "Home improvement contractor" means any person, firm, partnership, copartnership, association, corporation, or other organization or any combination that attempts to or submits a bid or contracts, undertakes, or assumes charge in a supervisory capacity or otherwise manages the reconstruction, alteration, renovation, repair, modification, improvement, removal, demolition, or addition to any preexisting single family residence or the property and structures appurtenant thereto; (2) "Residential building contractor" means any person, firm, partnership, copartnership, association, corporation, or other organization or any combination, which for a fixed price, commission, fee, or wage, attempts to or submits a bid to construct or contract or undertakes to construct or assumes charge in a supervisory capacity or otherwise manages the construction of a single family residence or the property and structures appurtenant thereto; and (3) "Single family residence" means any project consisting of at least one (1) but not more than four (4) units of new construction for residential occupancy. Amended by Act 2019, No. 386,§ 14, eff. 7/24/2019. Amended by Act 2019, No. 386,§ 13, eff. 7/24/2019. Amended by Act 2017, No. 252,§ 4, eff. 8/1/2017. Acts 1999, No. 950, § 1; 2011, No. 1208, § 2. Previous Next

Ark. Code Ann. § 17-25-503

Next (a) (1) There is created the Residential Contractors Committee, to consist of seven (7) members. (2) (A) (i) The Governor shall appoint five (5) persons, each of whom has at least five (5) years' experience in residential construction. (ii) The Governor shall consult the statewide trade organization or organizations that represent the residential construction industry before making an appointment under this section. (iii) Of the five (5) residential construction members, one (1) member shall be appointed from each of the four (4) congressional districts, and the remaining member shall be appointed from the state at large. (iv) The appointments made under this subdivision (a)(2)(A) shall be subject to confirmation by the Senate. (B) (i) Two (2) members of the committee shall not be actively engaged in or retired from the profession of residential contracting. (ii) One (1) shall represent consumers, and the other shall be at least sixty (60) years of age. (iii) Both shall be appointed by the Governor from the state at large, subject to confirmation by the Senate. (iv) These two (2) positions may not be held by the same person. (v) Members appointed to these two (2) positions shall be full voting members but shall not participate in the grading of examinations. (C) The members shall serve three-year terms. No member may serve more than three (3) three-year terms. (3) (A) The committee shall elect a chair, vice chair, and secretary, each to serve in his or her respective capacity for one (1) year. (B) Officers shall be elected by the committee annually. (4) Three (3) voting members shall constitute a quorum. (b) Committee members shall receive the same expense reimbursement and stipend as provided to the Contractors Licensing Board under the procedures prescribed by § 25-16-901 et seq. Expenses and stipends shall be paid by the board. (c) The Governor shall make appointments to fill vacancies in the same manner as appointments were made under subsection (a) of this section. Persons appointed to fill vacancies shall serve the unexpired term of office and shall possess the same qualifications as if they were being appointed to a full term on the committee. (d) The board shall provide staff and administrative support for the committee. Amended by Act 2015, No. 1100,§ 23, eff. 7/22/2015. Acts 1999, No. 950, § 1; 2003, No. 203, § 1; 2005, No. 1962, § 73; 2007, No. 84, § 1; 2011, No. 1208, § 3. Previous Next

Ark. Code Ann. § 17-25-504

Next The Residential Contractors Committee may: (1) Issue, modify, suspend, and revoke licenses issued by the committee; (2) Establish qualifications for licenses issued by the committee; (3) Enforce this subchapter and the committee's rules; (4) Issue rules necessary for the implementation of this subchapter; (5) Levy civil penalties under this subchapter; (6) Issue orders of abatement in the same manner and to the same extent as authorized for the Contractors Licensing Board under § 17-25-103 ; and (7) Seek any other civil remedies which are available to the board. Acts 1999, No. 950, § 1; 2011, No. 1208, § 4. Previous Next

Ark. Code Ann. § 17-25-505

Next (a) A person shall not act as a residential building contractor after July 1, 2001, unless licensed by the Residential Contractors Committee or exempted from licensure under this subchapter. (b) A person shall not act as a home improvement contractor after January 1, 2012, unless: (1) Licensed by the committee; or (2) Exempt from licensure under this subchapter. (c) Any person, firm, partnership, copartnership, association, corporation, limited liability company, or other organization that fails to procure a license as required under this subchapter shall be deemed guilty of a Class A misdemeanor with each day in violation of the requirement to constitute a separate offense. Amended by Act 2019, No. 805,§ 20, eff. 7/1/2020. Acts 1999, No. 950, § 1; 2011, No. 1208, § 5. Previous Next

Ark. Code Ann. § 17-25-506

Next (a) Applications for licensure shall be made on forms prescribed by the Residential Contractors Committee and shall have attached thereto: (1) (A) Except as provided in subdivision (a)(1)(B) of this section, a compiled financial statement with each application for all persons and entities required by this subchapter to be licensed by the committee when the cost of the work done or to be done in the State of Arkansas by the contractor, including without limitation labor and materials, is fifty thousand dollars ($50,000) or more. (B) A person or entity required to be licensed under this subchapter when the cost of the work done or to be done in the State of Arkansas by the contractor, including without limitation labor and materials, is less than fifty thousand dollars ($50,000) shall not be required to submit a financial statement; and (2) Such other information as required by the committee. (b) (1) The financial statement required with each application is not public information and may not be made available for inspection by any person, unless by an order of a court of competent jurisdiction. (2) After the contractor is licensed, the Contractors Licensing Board shall destroy the financial statement by the process of shredding or returning the financial statement to the contractor. Amended by Act 2015, No. 1048,§ 5, eff. 7/22/2015. Acts 1999, No. 950, § 1; 2003, No. 203, § 2; 2011, No. 1208, § 6. Previous Next

Ark. Code Ann. § 17-25-507

Next (a) In determining the qualifications of any applicant for original license or any renewal license, the Residential Contractors Committee shall consider, among other things, the following: (1) Experience; (2) Ability; (3) The manner of performance of previous contracts; (4) Financial condition; (5) Any other fact tending to show ability and willingness to conserve the public health and safety; and (6) Default in complying with the provisions of this subchapter or any other law of the state. (b) The committee may limit a license issued by the committee to the character of work for which the applicant is qualified to perform. (c) In addition to the offenses listed in § 17-3-102 , the committee may consider the following offenses when determining fitness for licensure or registration of a contractor under this subchapter: (1) Conviction of a crime with an element of dishonesty or fraud under the laws of this state, another state, or the United States; (2) Conviction of voyeurism as prohibited in §§ 5-16-101 and 5-16-102 ; (3) Conviction under the Arkansas Hot Check Law, § 5-37-301 et seq.; and (4) (A) A crime or act that is substantially related to the qualifications, functions, or duties of a contractor. (B) A crime or act may be deemed substantially related to the qualifications, functions, or duties of a contractor if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a contractor's license or registration to perform the functions authorized by the license or registration. Amended by Act 2019, No. 990,§ 28, eff. 7/24/2019. Acts 1999, No. 950, § 1; 2011, No. 1208, § 7. Previous Next

Ark. Code Ann. § 17-25-509

Next (a) Except as otherwise provided in this section, a person shall not be licensed as a residential building contractor unless the person has passed a written examination prescribed by the Residential Contractors Committee. (b) (1) Until January 1, 2012, the committee shall waive the written examination for a person who: (A) Submits proof of having obtained five (5) building permits within the three (3) years preceding the date of application; (B) Submits proof of having obtained one (1) building permit within the preceding twelve (12) months; or (C) Submits proof of experience in construction acceptable to the committee. (2) Subdivision (b)(1) of this section does not apply to applicants for a residential builder license. Acts 1999, No. 950, § 1; 2003, No. 1103, § 1; 2011, No. 1208, § 9. Previous Next

Ark. Code Ann. § 17-25-510

Next (a) The Residential Contractors Committee may conduct hearings regarding alleged violations of this subchapter or rules promulgated thereunder, and the hearings shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. The committee shall within a reasonable time make findings and determinations as a result of the hearings. (b) A contractor who, after notice and hearing, is found to have committed the following actions shall pay to the Contractors Licensing Board a civil penalty of not less than one hundred dollars ($100) nor more than four hundred dollars ($400) for each day that the violation occurred: (1) Acting as a contractor without having a valid license in violation of this chapter; (2) Using a contractor in violation of this chapter; (3) Presenting or filing the license certificate of another; (4) Giving false or forged evidence of any kind to the board in obtaining a certificate of license; (5) Using an expired or revoked certificate of license; (6) Giving false or fraudulent evidence of a contractor's license to another person or entity; or (7) Committing other violations under this chapter. (c) The committee may revoke the certificate of license of any contractor licensed under this subchapter who is found guilty of: (1) Fraud or deceit in obtaining a license; (2) Aiding or abetting a contractor or person to violate this chapter; or (3) Gross negligence, incompetence, or misconduct in the contractor's business. (d) (1) When abuse, neglect, or exploitation of an endangered person or an impaired person is found by the committee to have occurred, the committee may: (A) State in writing that due to imminent physical or other harm to the endangered person or impaired person, the situation merits the emergency suspension of a license or registration; and (B) Proceed with the suspension of a license or registration without a hearing or upon any abbreviated hearing that the committee finds practicable to suspend the license or registration. (2) The emergency suspension shall become effective immediately, unless otherwise stated in the written documentation by the committee. (3) The emergency suspension may be effective for a period of longer than thirty (30) days and the emergency suspension shall not be renewable. (4) When an emergency suspension is ordered, a formal suspension or revocation proceeding shall be promptly instituted and acted upon in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 805,§ 21, eff. 7/1/2020. Amended by Act 2019, No. 315,§ 1384, eff. 7/24/2019. Acts 1999, No. 950, § 1; 2011, No. 1208, § 10. Previous Next

Ark. Code Ann. § 17-25-511

Next Any person aggrieved by an action or decision of the Residential Contractors Committee may appeal to the Contractors Licensing Board within ten (10) calendar days after the action or decision under procedures prescribed by the board. Aggrieved parties shall be granted an opportunity to address the board regarding the committee's actions, and the final actions of the board shall be binding upon the committee. Acts 1999, No. 950, § 1; 2011, No. 1208, § 11. Previous Next

Ark. Code Ann. § 17-25-512

Next (a) (1) All licenses issued by the Contractors Licensing Board shall expire one (1) year after the date of issuance unless otherwise provided by the Residential Contractors Committee. (2) The committee may charge reasonable examination fees and delinquency fees and may charge a fee not to exceed one hundred dollars ($100) for new licenses or renewal of a license. (3) All fees and other moneys collected by the committee shall be disposed of as provided by § 17-25-205 and shall be used by the board to implement this subchapter. (b) The committee may provide by rule for renewal of licenses for a period of one (1) year, two (2) years, or three (3) years with the fee not to exceed one hundred dollars ($100) per year. Amended by Act 2021, No. 330,§ 2, eff. 7/28/2021. Acts 1999, No. 950, § 1; 2011, No. 1208, § 12. Previous Next

Ark. Code Ann. § 17-25-513

Next The following shall be exempted from the licensing requirements of this subchapter: (1) A person who acts as a residential building contractor in the construction of his or her residence unless he or she builds more than one (1) residence during any calendar year; (2) The owner of a single family residence acting as his or her own home improvement contractor on his or her own property; (3) (A) A person or entity acting as a residential building contractor or a home improvement contractor on any project, when the cost of the work done or to be done does not exceed two thousand dollars ($2,000). (B) Subdivision (3)(A) of this section shall not apply to a project in which the construction work necessary to complete the project is divided into separate contracts of amounts less than two thousand dollars ($2,000); (4) A subcontractor of a contractor licensed by the Residential Contractors Committee; (5) A person or entity licensed as a contractor by another licensing agency, board, or commission of the State of Arkansas if the contractor is performing work within the scope of the license held by the person or entity; and (6) A person or entity performing work as a roofing contractor as defined under § 17-25-601 et seq. Amended by Act 2021, No. 1072,§ 1, eff. 1/1/2022. Acts 1999, No. 950, § 1; 2011, No. 1208, § 13. Previous Next

Ark. Code Ann. § 17-25-514

Next (a) A contractor required to be licensed by the Residential Contractors Committee shall secure and maintain workers' compensation coverage as required under § 11-9-401 et seq. (b) The committee shall require proof of current workers' compensation coverage before issuing or renewing a license to a contractor who is required to have workers' compensation coverage under § 11-9-401 et seq. (c) Unless otherwise required by law, a home improvement contractor required to be licensed under this subchapter shall not be required to secure the payment of workers' compensation under § 11-9-401 et seq. or provide proof of coverage to the committee before issuing or receiving a license if the cost of the work done or to be done in the State of Arkansas by the home improvement contractor, including without limitation labor and materials, is less than fifty thousand dollars ($50,000). (d) (1) If a contractor fails to maintain workers' compensation coverage or fails to maintain proof of current workers' compensation coverage on file with the committee, the committee shall revoke the contractor's license. (2) A contractor's license that has been revoked due to failure to maintain workers' compensation coverage may be reinstated upon receipt of proof that the contractor has secured workers' compensation coverage. (e) The committee shall promulgate rules necessary to enforce this section. Amended by Act 2017, No. 804,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1048,§ 6, eff. 7/22/2015. Acts 2005, No. 1711, § 1; 2007, No. 398, § 1; 2011, No. 1208, § 14. Previous Next

Ark. Code Ann. § 17-25-515

A contractor who performs work in violation of this subchapter shall not bring an action: (1) In law or equity to enforce any provision of a contract entered into in violation of this subchapter; or (2) For quantum meruit. Amended by Act 2021, No. 1072,§ 2, eff. 1/1/2022. Acts 2011, No. 1208, § 15. Previous

Ark. Code Ann. § 17-25-601

As used in this subchapter: (1) "Home improvement contractor" means a home improvement contractor licensed under § 17-25-501 et seq.; (2) "Nonresident roofing contractor" means a roofing contractor that: (A) Has not established and maintained a place of business as a roofing contractor in this state within the preceding year; (B) Claims residency in another state; or (C) Has not submitted an income tax return as a resident of this state within the preceding year; (3) "Residential building contractor" means a residential building contractor licensed under § 17-25-501 et seq.; and (4) (A) "Roofing contractor" means a person, including a subcontractor or nonresident roofing contractor, that in the ordinary course of business: (i) Engages in the business of residential roofing services for a fee; or (ii) Offers to engage in or solicits residential roofing-related services, including construction, installation, renovation, repair, maintenance, alteration, and waterproofing. (B) "Roofing contractor" does not include a person that is: (i) Engaged in the demolition of a structure or the cleanup of construction waste and debris that contains roofing material; (ii) Working under the direct supervision of a roofing contractor and that is hired by the roofing contractor as an employee or day laborer; or (iii) Exempt from the requirements of this subchapter. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022. Next

Ark. Code Ann. § 17-25-602

Next The Residential Contractors Committee may: (1) Issue, modify, suspend, and revoke a roofing contractor registration certificate issued by the committee; (2) Establish qualifications for roofing contractor registration certificates issued by the committee; (3) Enforce this subchapter and the rules of the committee; (4) Issue rules necessary for the implementation of this subchapter; (5) Levy civil penalties under this subchapter; (6) Issue orders of abatement for violations of this subchapter in the same manner and to the same extent as authorized for the Contractors Licensing Board under § 17-25-103 ; and (7) Seek a civil remedy available to the board. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022. Previous Next

Ark. Code Ann. § 17-25-603

Next (a) A person shall not act as a roofing contractor after July 1, 2021, unless a person is: (1) Granted a roofing contractor registration certificate by the Residential Contractors Committee; or (2) Exempt from certification under this subchapter. (b) A person that fails to procure a roofing contractor registration certificate as required under this subchapter is upon conviction guilty of a Class A misdemeanor with each day in violation of the requirement to constitute a separate offense. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022. Previous Next

Ark. Code Ann. § 17-25-604

Next (a) An application for a roofing contractor registration certificate shall be made on a form prescribed by the Residential Contractors Committee. (b) To obtain a roofing contractor registration certificate, an applicant shall under oath include the following information on the application: (1) A statement that the applicant requesting the roofing contractor registration certificate is at least eighteen (18) years of age; (2) The applicant's: (A) Name; (B) Physical address; and (C) Telephone number; (3) The name of the applicant's business, including any fictitious business names; (4) The address of the applicant's business; (5) The name of all other persons authorized to act for the applicant's business and the registered agent of the applicant's business; and (6) A statement that the applicant: (A) Will comply with all federal, state, and local laws and rules; (B) Is or is not registered, certified, or licensed as a roofing contractor in another state; and (C) Has or has not been the subject of a disciplinary action in this state or another state as a roofing contractor. (c) If the applicant for a roofing contractor registration certificate is a nonresident roofing contractor, the applicant shall designate a registered agent of service in the State of Arkansas. (d) The application for a roofing contractor registration certificate shall have the following information attached: (1) A surety bond in the minimum amount of fifteen thousand dollars ($15,000); (2) Proof of workers' compensation coverage as required under § 11-9-401 et seq.; and (3) Any other information required by the committee. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022. Previous Next

Ark. Code Ann. § 17-25-605

Next (a) The Residential Contractors Committee may limit a roofing contractor registration certificate issued by the committee to the character of work that the applicant is qualified to perform. (b) In addition to the offenses listed in § 17-3-102 , the committee may consider the following convictions when determining an applicant's fitness for a roofing contractor registration certificate under this subchapter: (1) Conviction of a crime with an element of dishonesty or fraud under the laws of this state, another state, or the United States; (2) Conviction of a voyeurism offense as prohibited in §§ 5-16-101 and 5-16-102 ; (3) Conviction under the Arkansas Hot Check Law, § 5-37-301 et seq.; and (4) (A) Conviction of a crime or act that is substantially related to the qualifications, functions, or duties of a roofing contractor. (B) A crime or act is substantially related to the qualifications, functions, or duties of a roofing contractor if, to a substantial degree, the crime or act indicates a present or potential unfitness of a person applying for or holding a roofing contractor registration certificate to perform the functions authorized by the roofing contractor registration certificate. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022. Previous Next

Ark. Code Ann. § 17-25-606

Next (a) A roofing contractor that obtains a roofing contractor registration certificate under this subchapter may act as a roofing contractor only in the name under which the Residential Contractors Committee granted the roofing contractor registration certificate. (b) A roofing contractor shall submit a written update to the committee if the information submitted with the application for a roofing contractor registration certificate under this subchapter changes. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022. Previous Next

Ark. Code Ann. § 17-25-607

Next (a) The Residential Contractors Committee may conduct hearings regarding alleged violations of this subchapter or rules promulgated under this subchapter, and the hearings shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) The committee shall within a reasonable time make findings and determinations as a result of the hearings. (c) A roofing contractor that, after notice and hearing, is found to have committed one (1) or more of the following actions shall pay to the Contractors Licensing Board a civil penalty of not less than one hundred dollars ($100) nor more than four hundred dollars ($400) for each day that the violation occurred: (1) Acting as a roofing contractor without having a valid roofing contractor registration certificate in violation of this subchapter; (2) Using a roofing contractor in violation of this subchapter; (3) Presenting or filing a roofing contractor registration certificate of another roofing contractor; (4) Giving false or forged evidence to the board in order to obtain a roofing contractor registration certificate; (5) Using an expired or revoked roofing contractor registration certificate; (6) Giving false or fraudulent evidence of a roofing contractor's roofing contractor registration certificate to another person; or (7) Committing other violations under this subchapter. (d) The committee may revoke the roofing contractor registration certificate of a roofing contractor that is found guilty of: (1) Fraud or deceit in obtaining a roofing contractor registration certificate; (2) Aiding or abetting a roofing contractor or other person to violate this subchapter; (3) Gross negligence, incompetence, or misconduct in the roofing contractor's business; (4) Abandoning a roofing contract without legal grounds after a consideration in payment has been tendered; (5) Mishandling funds or property entrusted to the roofing contractor; (6) Engaging in fraudulent or deceptive acts or practices; (7) Misrepresenting products, services, or qualifications; (8) Engaging in roofing services without obtaining a proper permit as may be required by a local authority; or (9) Damaging or injuring a person or property while performing roofing services under a valid roofing contractor registration certificate for which the roofing contractor's liability insurance, workers' compensation coverage, or other method of remuneration for injuries does not make the injured party whole. (e) (1) When abuse, neglect, or exploitation of an endangered person or an impaired person by a roofing contractor is found by the committee to have occurred, the committee may: (A) State in writing that due to imminent physical or other harm to the endangered person or impaired person, the situation merits the emergency suspension of the roofing contractor registration certificate of the roofing contractor; and (B) Proceed with the suspension of the roofing contractor registration certificate without a hearing or upon an abbreviated hearing that the committee finds practicable to suspend the roofing contractor registration certificate. (2) An emergency suspension under this subsection shall be effective immediately, unless otherwise stated in the written documentation by the committee. (3) An emergency suspension under this subsection may be effective for a period of more than thirty (30) days, and the emergency suspension shall not be renewable. (4) When an emergency suspension is ordered under this subsection, a formal suspension or revocation proceeding shall be promptly instituted and acted upon in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022. Previous Next

Ark. Code Ann. § 17-25-608

Next (a) A person aggrieved by an action or decision of the Residential Contractors Committee may appeal to the Contractors Licensing Board within ten (10) calendar days after the action or decision under procedures prescribed by the board. (b) A person aggrieved shall be granted an opportunity to address the board regarding the committee's actions, and the final decision of the board shall be binding upon the committee. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022. Previous Next

Ark. Code Ann. § 17-25-609

Next (a) A roofing contractor registration certificate issued by the Residential Contractors Committee shall expire one (1) year after the date of issuance unless otherwise provided by the committee. (b) The committee may charge reasonable delinquency fees and may charge a fee not to exceed one hundred dollars ($100) for a new roofing contractor registration certificate or the renewal of a roofing contractor registration certificate. (c) All fees and other moneys collected by the committee shall be disposed of as provided by § 17-25-205 and shall be used by the committee to implement this subchapter. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022. Previous Next

Ark. Code Ann. § 17-25-610

Next The following are exempt from the registration requirements of this subchapter: (1) A person that acts as a roofing contractor in the construction of his or her residence unless he or she builds more than one (1) residence during a calendar year; (2) The owner of a single-family residence acting as his or her own roofing contractor on his or her own property; (3) A person licensed as a contractor by a licensing agency, board, or commission of the State of Arkansas if the person is performing work within the scope of the license held by the person; (4) A contractor licensed by the Contractors Licensing Board if the contractor holds a classification that authorizes the contractor to perform roofing as defined under § 17-25-601 ; and (5) A home improvement contractor or residential building contractor if the home improvement contractor or residential building contractor: (A) Is in compliance with all requirements to do business in the State of Arkansas, including requirements of a municipality or county applicable to the location in which the home improvement contractor or residential building contractor intends to do business that involves roofing services; (B) Engages in roofing services in addition to construction, installation, renovation, repair, maintenance, alteration, or waterproofing services on the project and the roofing services do not constitute more than fifty percent (50%) of the total project cost; and (C) Does not authorize agents, employees, or representatives of the home improvement contractor or the residential building contractor to engage in door-to-door sales of roofing services. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022. Previous Next

Ark. Code Ann. § 17-25-611

A roofing contractor that performs work or enters into a contract in violation of this subchapter shall not bring an action: (1) In law to enforce a provision of a contract entered into with a consumer in violation of this subchapter; or (2) For quantum meruit. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022. Previous

Ark. Code Ann. § 17-28-101

As used in this chapter, unless the context otherwise requires: (1) "Air conditioning electrician" means an individual who is limited to a license classification possessing the necessary qualifications, training, and technical knowledge for the installation, maintenance, and extension of electrical conductors and equipment solely for the purpose of supplying heating and air conditioning and refrigeration units; (2) (A) "Dwelling" means a building or other structure designed and constructed for residential purposes. (B) "Dwelling" includes a building or other structure that houses a home office or other business activity if the business activity does not require commercial-grade electric conductors or equipment. (C) "Dwelling" does not include a mixed-use building or other structure that requires commercial-grade electric conductors or equipment for any part of the building or other structure; (3) "Electrical apprentice" means a person whose principal occupation is the learning of and assisting in the installation of electrical work under the direct supervision of a licensed journeyman electrician or master electrician; (4) "Electrical contractor" means a person, member, or employee of a firm, partnership, or corporation engaged in the business of installing, erecting, repairing, or contracting to install, erect, or repair electrical wires or conductors to be used for the transmission of electrical light, heat, power, or signaling purposes, or to install or repair moulding, ducts, raceways, or conduits, for the reception or protection of such wires or conduits, or any electrical machinery, apparatus, or systems to be used for electrical light, heat, power, or signaling purposes; (5) "Electrical work" means: (A) Installations of electric conductors and equipment within or on public and private buildings or other structures, including recreational vehicles and floating buildings, and other premises such as yards, carnivals, parking and other lots, and industrial substations; (B) Installations of conductors that connect to the supply of electricity; and (C) Installations of other outside conductors on the premises; (6) "Industrial maintenance electrician" means an individual who possesses the necessary qualifications, training, and technical knowledge to maintain and extend electrical conductors and equipment for electrical power and control systems on or within industrial, manufacturing, or similar type facilities. He or she shall be capable of doing such work in accordance with standard rules governing that work; (7) "Journeyman electrician" means an individual who possesses the necessary qualifications, training, and technical knowledge to install, maintain, and extend electrical conductors and equipment. He or she shall be capable of doing such work in accordance with plans and specifications furnished him or her in accordance with standard rules governing the work; (8) "Master electrician" means an individual who possesses the necessary qualifications, training, and technical knowledge to plan, layout, and supervise the installation, maintenance, and extension of electrical conductors and equipment; (9) "Primary residence" means an unattached single-family dwelling used as the person's primary place of residence; (10) "Residential journeyman electrician" means the classification by which the licenses and electrical work of journeyman electricians may be limited to the installation, alteration, repair, maintenance, or renovation of electrical facilities for: (A) Single family dwellings; (B) Duplexes or two-family dwellings; (C) Triplexes or three-family dwellings; and (D) Quadraplexes or four-family dwellings; (11) "Residential master electrician" means the classification by which the licenses and electrical work of master electricians may be limited to planning and supervising the installation, maintenance, and extension of electrical facilities for: (A) Single family dwellings; (B) Duplexes or two-family dwellings; (C) Triplexes or three-family dwellings; and (D) Quadraplexes or four-family dwellings; and (12) "Specialist sign electrician" means an individual who is limited to a license classification possessing the necessary qualifications, training, and technical knowledge for: (A) Installing, maintaining, and repairing electrically illuminated or electrically operated signs and gaseous tubing for illumination; (B) Making all connections to an approved outlet of sufficient capacity within twenty-five feet (25') of the sign to be connected; and (C) (i) (a) Maintaining and repairing parking lot lights, upon successfully passing a separate examination approved by the Board of Electrical Examiners of the State of Arkansas. (b) A specialist sign electrician may obtain a parking lot light endorsement upon passing a separate examination approved by the board. (ii) However, maintenance and repair under subdivision (12)(C)(i) of this section shall be limited to work from the ground up to a lighting fixture that is being maintained or repaired and shall not include work underground or work to an electrical panel inside or outside of a building. Amended by Act 2023, No. 318,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 318,§ 1, eff. 8/1/2023. Amended by Act 2017, No. 766,§ 2, eff. 8/1/2017. Acts 1979, No. 870, § 1; 1983, No. 866, § 1; A.S.A. 1947, § 71-5301; Acts 1997, No. 1289, § 1; 2009, No. 1188, § 1.

Ark. Code Ann. § 17-28-102

(a) The provisions of this chapter shall not apply to: (1) The construction, installation, maintenance, repair, or renovation by any public utility, as that term is defined by § 23-1-101(9)(A) , by any rural electric association or cooperative, or by any municipally owned utility, of any transmission or distribution lines or facilities incidental to their business and covered under other nationally recognized safety standards or to any other such activity when performed by any duly authorized employee, agent, contractor, or subcontractor of any such public utility, association, cooperative, or municipally owned utility; (2) The construction, installation, maintenance, repair, or renovation by any industry, as that term is defined in subsection (f) of this section, of any electric conductors or equipment or facilities incidental to their business and covered under other nationally recognized safety standards or to any other such activity when performed by any duly authorized employee of any such industry; (3) The construction, installation, maintenance, repair, or renovation of telephone equipment, computer systems, or satellite systems by a person, firm, or corporation engaged in the telecommunications or information systems industry when such activities involve low-voltage work exclusively for communication of data, voice, or other signaling purposes, including fire alarm systems, security systems, and environmental control systems that are not an integral part of a telecommunications system; (4) The construction, installation, maintenance, repair, or renovation of any nonresidential farm building or structure; (5) The construction and manufacture of manufactured homes covered by the Manufactured Home Construction and Safety Standards Act, 42 U.S.C. § 5401 et seq.; and (6) Any industry, as that term is defined in subsection (f) of this section, or group of industries under common ownership or control, with assets in this state of one billion dollars ($1,000,000,000) or more, provided that the exemption provided in this subdivision (a)(6) shall only apply to projects commenced between July 1, 2001, and December 31, 2003. (b) Nothing in this chapter shall be construed to require an individual to hold a license before doing electrical work on his or her primary residence except as otherwise required by state law, rules, regulations, or local ordinances. The exemption from compliance with the licensing standards shall not be referred to in any way and shall not be any evidence of the lack of negligence or the exercise of due care by a party at a trial of any civil action to recover damages by any party. (c) (1) Any holder of a state-issued heating, ventilation, air conditioning, and refrigeration, or HVACR, license may run line voltage power wiring in compliance with the state electric code from a disconnect box to an outdoor HVACR unit within a distance not to exceed ten feet (10') from any point of the HVACR equipment without obtaining an electrician's license as required by this chapter. (2) Any person licensed by the Commission on Water Well Construction pursuant to the provisions of the Arkansas Water Well Construction Act, § 17-50-101 et seq., and subject to that commission's rules and to the National Electrical Code may run power and control wiring from an existing disconnect box to water well equipment without obtaining an electrician's license as required by this chapter. Nothing in this subdivision (c)(2) shall be construed to allow a licensed water well installer or contractor to alter the existing electrical service to any building or structure. (d) Nothing in this chapter shall be construed as repealing, modifying, or affecting in any way the provisions of § 17-25-101 et seq. (e) Nothing in this chapter shall be construed to require an employee of a hospital to hold a license in order to perform minor repairs or make minor alterations to existing electrical facilities during the normal performance of his or her duties with a hospital licensed by the Department of Health. (f) For the purposes of this chapter, the term "industry" means manufacturing, processing and refining facilities, warehouses, distribution facilities, repair and maintenance facilities, agricultural facilities, and corporate and management offices located on industrial sites. Amended by Act 2019, No. 315,§ 1392, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1391, eff. 7/24/2019. Acts 1979, No. 870, § 13; A.S.A. 1947, § 71-5312n; Acts 1997, No. 1289, § 2; 1999, No. 493, § 1; 1999, No. 894, § 1; 2001, No. 1776, § 1.

Ark. Code Ann. § 17-28-201

(a) There is created a Board of Electrical Examiners of the State of Arkansas. (b) The board shall consist of the Secretary of the Department of Labor and Licensing or his or her authorized representative and eight (8) other members who shall be residents of this state appointed by the Governor with the advice and consent of the Senate: (1) One (1) member shall be the chief electrical inspector of a municipality within the state; (2) One (1) member shall be a licensed professional engineer as defined in § 17-30-101 engaged primarily in the design or maintenance of electrical installations; (3) One (1) member shall be an electrical contractor operating in this state; (4) One (1) member shall be a master or supervising electrician; (5) One (1) member shall be a representative of a public electric utility operating in this state; (6) One (1) member shall be a representative of a private electric utility operating in this state; (7) One (1) member shall represent the public and shall not be affiliated with any of the other groups represented on the board; and (8) One (1) member shall represent the elderly, shall be sixty (60) years of age or older, and not actively engaged as or retired as an electrician. This member shall be appointed from the state at large, subject to confirmation by the Senate, and shall be a full voting member but shall not participate in the grading of examinations. (c) The same person may not be both the public representative and the representative of the elderly. (d) Each appointment shall be for a term of four (4) years or until a successor is appointed. (e) In the event of a vacancy during a term, the Governor may appoint a replacement to fulfill the unexpired portion of the term. (f) The board shall elect one (1) of its members to act as its chair for a term of one (1) year, and he or she shall have a vote on all matters before the board. (g) For cause and after a hearing, any appointed member may be removed from office by the Governor. (h) Each appointed member may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Amended by Act 2019, No. 910,§ 5420, eff. 7/1/2019. Acts 1979, No. 870, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 71-5302; Acts 1997, No. 250, § 135; 2011, No. 897, § 13.

Ark. Code Ann. § 17-28-302

(a) Any person, member, or employee of a firm, partnership, or corporation desiring to engage in the business of electrical contractor may apply for and be issued a license upon satisfying the Board of Electrical Examiners of the State of Arkansas that he or she or it is either a master electrician or employs a master electrician as its superintendent or manager and shall pay a license fee in the amount of one hundred dollars ($100) per year. (b) Any electrical contractor having met the requirements of this chapter may work in any municipality in the state without further examinations after first showing evidence of state license as described in this chapter and paying such fees as required by the municipality in which the work is to be performed. Acts 1979, No. 870, § 7; A.S.A. 1947, § 71-5307.

Ark. Code Ann. § 17-28-307

Next (a) (1) Upon reaching the age of sixty-five (65), or any time thereafter, any person who has been a licensed master electrician or a licensed journeyman electrician licensed by the Board of Electrical Examiners of the State of Arkansas for not less than twelve (12) years may apply for a restricted lifetime master electrician license or a restricted lifetime journeyman electrician license. (2) This license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the board. (b) Any individual issued a restricted lifetime electrician license after July 28, 2021, shall complete continuing education hours as required by rule of the board for any period in which electrical work is performed for remunerative purposes, whether as an employee or an independent contractor. (c) The board shall promulgate rules necessary to carry out the provisions of this section. Amended by Act 2021, No. 720,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1394, eff. 7/24/2019. Acts 1995, No. 1121, § 1. Previous Next

Ark. Code Ann. § 17-28-312

Next (a) It is the intent of the General Assembly that an apprentice electrician should be trained in a manner that: (1) Develops the skills of the apprentice electrician; (2) Ensures the safety of electricians and the public; and (3) Guarantees that the work of the apprentice electrician complies with legal requirements and meets industry standards. (b) (1) An apprentice electrician shall not engage in electrical work unless he or she is supervised by a master electrician or a journeyman electrician. (2) The work done and the tools and methods utilized by the master electrician, journeyman electrician, and apprentice electrician in the course of supervision shall comply with legal requirements and meet industry standards. (3) (A) The master electrician or journeyman electrician shall observe the work of an apprentice electrician in person at regular and reasonable intervals. (B) The Board of Electrical Examiners of the State of Arkansas shall promulgate rules which determine the regular and reasonable intervals under subdivision (b)(3)(A) of this section in consideration of the: (i) Nature of the work; and (ii) Skill and experience of the apprentice electrician. (4) (A) The supervising master electrician or journeyman electrician shall remain within reasonable proximity of the apprentice electrician while work is being performed. (B) The proximity of the supervising electrician to the apprentice electrician is reasonable if: (i) The supervising electrician is: (a) Within the line of sight of the apprentice electrician; or (b) At the same street address at which the apprentice electrician is working; or (ii) The job site is not a single-family residence, requires a contractor's license, and the supervising electrician is within the line of sight of the apprentice electrician. (c) One (1) master electrician or journeyman electrician may supervise up to three (3) apprentice electricians on a single electrical job. Added by Act 2015, No. 1122,§ 1, eff. 7/22/2015. Previous Next

Ark. Code Ann. § 17-33-101

As used in this chapter: (1) [Repealed.] (2) "BTUH" means British Thermal Unit per hour of heat; (3) [Repealed.] (4) [Repealed.] (5) "Heating and air conditioning" means the process of treating air to control temperature, humidity, cleanliness, ventilation, or circulation to meet human comfort requirements; (6) "Heating, ventilation, air conditioning, and refrigeration" or "HVACR" means the design, installation, construction, maintenance, service, repair, alteration, or modification of a product or of equipment in heating and air conditioning, refrigeration, ventilation, or process cooling or heating systems; (7) "Horsepower" means the equivalent to seven hundred forty-six (746) watts; (8) "HVACR gas fitting work" means gas fitting work for the purpose of supplying an HVACR system and shall be limited to installing six feet (6') or less final of gas piping connection to a heating unit from an existing, accessible manual safety shutoff gas cock, installing flue gas vents and combustion air for the HVACR system; (9) "HVACR Licensing Fund" means a fund established under this chapter to be used exclusively to fund all activities covered under this chapter; (10) "HVACR maintenance work" means repair, modification, service, and all other work required for the normal continued performance of an HVACR system. This term does not include the installation or total replacement of a system or the installation of boiler or pressure vessels that must be installed by persons licensed under § 20-23-101 et seq.; (11) "Licensee" means the holder of a license issued pursuant to this chapter; (12) "One ton" means twelve thousand (12,000) BTUH; (13) "Persons" means any individual, firm, partnership, copartnership, corporation, association, cooperative, or any other association or combination thereof; (14) "Public entity" means any agency of the State of Arkansas or any political subdivision of the state; (15) "Refrigeration" means the use of mechanical or absorption equipment to control temperature or humidity, or both, in order to satisfy the intended use of a specific space other than for human comfort; (16) "Registrant" means a person who: (A) Does not hold a Class A, Class B, Class C, Class D, or Class E HVACR license; (B) Can only perform work for an HVACR licensee; and (C) Holds a current HVACR registration; (17) "Repair" means the reconstruction or replacement of any part of an existing HVACR system for the purpose of its maintenance; (18) "Subcontractor" means a person who performs a portion of the HVACR installation; and (19) "Ventilation" means the process of supplying or removing air by natural or mechanical means to or from any space. Amended by Act 2023, No. 270,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 270,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 270,§ 2, eff. 8/1/2023. Acts 1991, No. 277, § 1; 1999, No. 465, § 1.

Ark. Code Ann. § 17-33-201

(a) There is hereby created the HVACR Licensing Board to be composed of nine (9) members appointed by the Governor and confirmed by the Senate. The board shall be composed of the following members who shall be residents of the State of Arkansas: (1) The secretary of the board shall be a representative of the Department of Labor and Licensing; (2) Two (2) members of the board shall be Class A license holders whose business is located in the State of Arkansas; (3) Two (2) members of the board shall be Class B license holders whose business is located in the State of Arkansas; (4) One (1) member of the board shall be a mechanical engineer registered in the State of Arkansas who is directly associated with HVACR design; (5) One (1) member of the board shall be a representative of a city or county HVACR inspection program; (6) One (1) member of the board shall be a consumer with no personal or financial interest in the HVACR industry; and (7) One (1) member of the board shall be a member of the Mechanical Contractors Association of Arkansas, Inc., who holds a current state contractor's license. (b) A member shall serve until he or she is replaced by a successor. (c) No member shall serve more than two (2) successive terms on the board, or until he or she ceases to be qualified as required by this chapter. (d) The secretary of the board, who shall be an employee of the Department of Labor and Licensing, shall serve at the pleasure of the Governor, and all other members shall serve four-year terms. (e) Members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Amended by Act 2019, No. 910,§ 5432, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5431, eff. 7/1/2019. Acts 1991, No. 277, § 2; 1997, No. 250, § 141. Next

Ark. Code Ann. § 17-38-409

(a) It is the intent of the General Assembly that an apprentice plumber should be trained in a manner that: (1) Develops the skills of the apprentice plumber; (2) Ensures the safety of plumbers and the public; and (3) Guarantees that the work of the apprentice plumber complies with legal requirements and meets industry standards. (b) (1) Except as provided under subdivision (b)(5) of this section, an apprentice plumber shall not engage in plumbing unless he or she is supervised by a master plumber or a journeyman plumber. (2) The work done and the tools and methods utilized by the master plumber, journeyman plumber, and apprentice plumber in the course of supervision shall comply with legal requirements and meet industry standards. (3) (A) (i) The master plumber or journeyman plumber shall observe the work of an apprentice plumber in person at regular and reasonable intervals. (ii) One (1) master plumber or journeyman plumber may supervise up to three (3) apprentice plumbers on a single job. (B) The Career Education and Workforce Development Board shall promulgate rules that determine the regular and reasonable intervals under subdivision (b)(3)(A) of this section in consideration of the: (i) Nature of the work; and (ii) Skill and experience of the apprentice plumber. (4) (A) The supervising master plumber or journeyman plumber shall remain within reasonable proximity of the apprentice plumber while work is being performed. (B) The proximity of the supervising plumber to the apprentice plumber is reasonable if: (i) The job site is a single-family residence or a project that does not require a contractor's license, and the supervising plumber is: (a) Within the line of sight of the apprentice plumber; (b) At the same street address at which the apprentice plumber is working; (c) At the street address adjacent to or adjoining the street address at which the apprentice plumber is working; or (d) Within the same geographical subdivision in which the apprentice is located; or (ii) The job site is not a single-family residence, requires a contractor's license, and: (a) The supervising plumber is within the line of sight of the apprentice plumber; or (b) The supervising plumber is within two hundred fifty (250) yards of the apprentice plumber, and the supervising plumber and the apprentice plumber are within the property boundaries of the job site. (5) (A) An apprentice plumber who is in his or her final year of an apprenticeship may engage in plumbing without the direct supervision of a master plumber or journeyman plumber if he or she is working under the indirect supervision of a master plumber or journeyman plumber. (B) (i) As used in this section, "indirect supervision" means that an apprentice plumber under subdivision (b)(5)(A) of this section is able to contact a master plumber or journeyman plumber for direction or advice, but the master plumber or journeyman plumber does not have to meet the reasonable proximity requirements under subdivisions (b)(4)(B)(i) and (ii) of this section. (ii) An apprentice plumber may contact a master plumber or journeyman plumber under this subdivision (b)(5)(B) in person or by telephone call, text message, electronic mail, or other similar form of communication. (C) An apprentice plumber under subdivision (b)(5)(A) of this section shall possess and be capable of providing to an inspector a valid and unexpired identification card issued by the local apprenticeship committee that indicates the apprentice is in his or her final year of apprenticeship. (c) One (1) master plumber or journeyman plumber may supervise up to three (3) apprentice plumbers on a single plumbing job. Amended by Act 2017, No. 971,§ 2, eff. 8/1/2017. Added by Act 2015, No. 140,§ 1, eff. 7/22/2015. Previous

Ark. Code Ann. § 17-42-103

Next As used in this chapter: (1) (A) "Associate broker" means an individual who has a broker's license and who is employed by a principal broker, or is associated with a principal broker as an independent contractor, and who participates in any activity described in subdivision (10) of this section while under the supervision of a principal broker or executive broker. (B) An associate broker shall have no supervisory authority over any other licensee; (2) "Branch office" means a principal broker's office other than his or her principal place of business; (3) "Broker's price opinion" means an estimate prepared by a licensee that details the probable selling price of real estate and provides a varying level of detail about the real estate's condition, market, and neighborhood, and information about sales of comparable real estate; (4) "Classroom hour" means a period of at least fifty (50) minutes, but not more than sixty (60) minutes, of actual classroom instruction with the instructor present; (5) "Continuing education" means postlicensure education derived from participation in courses in real estate-related subjects that have been approved by the Arkansas Real Estate Commission or that are not required to be approved by the commission; (6) "Continuing education unit" means a period of ten (10) contact hours of actual classroom instruction with the instructor present; (7) (A) "Executive broker" means an individual who: (i) Has a broker's license; (ii) Is employed by a principal broker or associated with a principal broker as an independent contractor; and (iii) Participates in any activity described in subdivision (10) of this section while under the supervision of a principal broker. (B) An executive broker may supervise associate brokers and salespersons; (8) (A) "Licensee" means an individual who holds any type of license issued by the commission. (B) "Licensee" includes a principal broker, an executive broker, an associate broker, and a salesperson. (C) This chapter does not preclude a licensee from: (i) Doing business as a: (a) Professional corporation under § 4-29-101 et seq.; or (b) Professional limited liability company under § 4-38-1201 et seq.; or (ii) Receiving payment from a real estate firm or principal broker of an earned commission to the licensee's legal business entity if the licensee earned the commission on behalf of the real estate firm or principal broker; (9) "Participate in a real estate auction" means to do any act or conduct for compensation or the expectation of compensation and designed, intended, or expected to affect the bidding or results of a real estate auction, including without limitation serving as an auctioneer or ringman or encouraging, soliciting, or receiving bids; (10) "Principal broker" means an individual expecting to act or acting for another for a fee, commission, or other consideration who: (A) Sells, exchanges, purchases, rents, or leases real estate; (B) Offers to sell, exchange, purchase, rent, or lease real estate; (C) Negotiates, offers, attempts, or agrees to negotiate the sale, exchange, purchase, rent, or lease of real estate; (D) Lists, offers, attempts, or agrees to list real estate for sale, lease, or exchange; (E) Auctions, offers, attempts, or agrees to auction real estate, or participates in a real estate auction; (F) Buys, sells, or assigns or offers to buy, sell, or assign or otherwise deals in options on real estate or improvements to real estate; (G) Collects, offers, attempts, or agrees to collect rent for the use of real estate; (H) Advertises or holds himself or herself out as being engaged in the business of buying, selling, exchanging, renting, or leasing real estate; (I) Assists or directs in the procuring of prospects calculated to result in the sale, exchange, lease, or rent of real estate; (J) Assists or directs in the negotiation of any transaction calculated or intended to result in the sale, exchange, lease, or rent of real estate; (K) Engages in the business of charging an advance fee in connection with any contract whereby he or she undertakes to promote the sale or lease of real estate either through its listing in a publication issued for such a purpose or for referral of information concerning the real estate to brokers, or both; or (L) Performs any of the acts described in this subdivision (10) as an employee of or on behalf of the owner of, or any person who has an interest in, real estate; (11) (A) "Real estate" means an interest in real property. (B) "Real estate" includes without limitation a leasehold, time-share interval, or an interest in real property that is purchased or sold in connection with the purchase or sale of all or part of the assets, stock, or other ownership interest of a business or other organization; (12) "Salesperson" means an individual who: (A) Has a salesperson's license; (B) Is employed by a principal broker or is associated with a principal broker as an independent contractor; and (C) Participates in any activity described in subdivision (10) of this section while under the supervision of a principal broker or executive broker; and (13) "Unlicensed real estate activity" means offering or engaging in any practice, act, or operation set forth in subdivision (10) of this section without a valid active Arkansas license issued by the commission. Amended by Act 2023, No. 93,§ 1, eff. 8/1/2023. Amended by Act 2017, No. 890,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 565,§ 23, eff. 3/22/2017. Amended by Act 2015, No. 278,§ 1, eff. 7/22/2015. Acts 1993, No. 690, § 3; 2007, No. 263, § 1; 2011, No. 762, § 1; 2011, No. 865, § 1. Previous Next

Ark. Code Ann. § 17-52-315

Next (a) Any person applying for registration or renewal of registration as a home inspector shall submit to the State Board of Appraisers, Abstracters, and Home Inspectors: (1) An application under oath upon a form to be prescribed by the board; (2) A current certificate of insurance issued by an insurance company licensed or surplus lines approved to do business in this state that states that the applicant has procured general liability insurance in the minimum amount of one hundred thousand dollars ($100,000) and, if applicable, workers' compensation insurance; and (3) The required registration or registration renewal fee with the application. (b) (1) A person applying for registration for the first time shall also submit with the application a certified copy of a document attesting to the successful completion of the competency examination. (2) A person renewing a current registration shall also submit with his or her application a properly completed form that states that the person has satisfactorily completed continuing education requirements for the current year. (3) A person seeking to renew a lapsed, suspended, or otherwise inactive registration shall provide other documents and comply with procedures as may be prescribed by the board. (c) The following persons shall be exempt from any educational requirements for initial registration, but not from the requirements concerning the competency examination: (1) City inspectors certified by the International Code Council; and (2) Contractors who hold a builder's license and have ten (10) years' experience as a contractor. Amended by Act 2023, No. 628,§ 60, eff. 7/1/2023. Amended by Act 2019, No. 990,§ 58, eff. 7/24/2019. Acts 2003, No. 1328, § 1. Previous Next

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