Arkansas Land Surveying Licensing Law

Arkansas Code · 18 sections

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

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. § 17-30-101

As used in this chapter: (1) "Consulting engineer" means a professional engineer whose principal occupation is the independent practice of engineering, whose livelihood is obtained by offering engineering services to the public, who serves clients as an independent fiduciary, who is devoid of public, commercial, and product affiliation that might tend to infer a conflict of interest, and who is aware of his or her public and legal responsibilities and is capable of discharging them; (2) "Engineer-intern" means a person who under this chapter has: (A) Qualified for an examination authorized by the State Board of Licensure for Professional Engineers and Professional Surveyors in fundamental engineering subjects; and (B) Passed the examination; (3) (A) "Firm" means a form of business entity that offers professional engineering services of its licensed personnel to the public. (B) "Firm" does not include an individual licensee operating under his or her name; (4) (A) "Practice of engineering" means a service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge in the mathematical, physical, and engineering sciences to services or creative work such as consultation, investigation, evaluation, planning, and design of engineering works and systems relating to the use of air, land, water, municipal and regional planning, forensic services, engineering teaching of advanced engineering subjects or related courses, engineering surveys, and the inspection of construction to assure compliance with drawings and specifications that are related to public or private service or work, concerning any utilities, structures, buildings, machines, equipment, processes, work systems, or projects including architectural work that is incidental to the practice of engineering. (B) A person practices or offers to practice engineering, within the meaning of this chapter, who: (i) Practices a branch of the profession of engineering; (ii) By verbal claim, sign advertisement, letterhead, card, or in any other way represents himself or herself to be an engineer; (iii) Through the use of some other title implies that he or she is an engineer or that he or she is licensed under this chapter; or (iv) Holds himself or herself out as able to perform or does perform an engineering service or work or any other service designated by the practitioner that is recognized as engineering. (C) "Practice of engineering" does not include: (i) Persons who operate or maintain machinery or equipment; or (ii) The act of measuring land, drawing plans, reading plans, or doing other work normally performed by a mechanic, technician, professional surveyor, or draftsman; (5) "Professional engineer" means a person who has been licensed as a professional engineer by the State Board of Licensure for Professional Engineers and Professional Surveyors; and (6) "Responsible charge" means direct control of, supervision of, and legal responsibility for all engineering work performed. Acts 1953, No. 214, § 3; 1969, No. 196, § 1; A.S.A. 1947, § 71-1020; Acts 1993, No. 1041, § 1; 2009, No. 444, § 1; 2011, No. 897, § 1. Next

Ark. Code Ann. § 17-30-102

Next (a) (1) A person who practices or offers to practice engineering in this state in violation of this chapter and a person using or attempting to use as his or her own the certificate of licensure of another, who gives false evidence of any kind to the State Board of Licensure for Professional Engineers and Professional Surveyors or to any member of the board in obtaining a certificate of licensure, or who falsely impersonates any other practitioner or in any manner falsely implies that he or she is licensed or violates this chapter or the rules of the board is guilty of a misdemeanor. (2) For each offense of which he or she is convicted, the person shall be punished by: (A) A fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); (B) Imprisonment not to exceed three (3) months; or (C) Both fine and imprisonment. (3) Each violation and each day of any violation constitutes a separate offense. (b) The following persons are guilty of a Class A misdemeanor for the first offense and a Class D felony for the second or any subsequent offense: (1) A person who practices or offers to practice engineering in this state without being licensed under this chapter; (2) A person, firm, partnership, organization, association, corporation, or other entity using or employing the words "engineer" or "engineering" or any modification or derivative thereof in its name or form or business activity, except as authorized in this chapter; (3) A person presenting or attempting to use the certificate of licensure or the seal of another; (4) A person who gives false or forged evidence of any kind to the board or to any member of the board in obtaining or attempting to obtain a certificate of licensure; (5) A person who falsely impersonates a licensee of like or different name; (6) A person who attempts to use an expired, suspended, revoked, or nonexistent certificate of licensure; (7) A person who practices or offers to practice when not qualified; (8) A person who falsely claims that he or she is licensed or authorized under this chapter; or (9) A person who violates any of the provisions of this chapter. Amended by Act 2019, No. 315,§ 1400, eff. 7/24/2019. Acts 1953, No. 214, § 7; A.S.A. 1947, § 71-1024; Acts 1993, No. 1041, §§ 1, 3; 1995, No. 1296, § 65; 2009, No. 444, § 1. Previous Next

Ark. Code Ann. § 17-30-103

Next (a) (1) Upon proper determination that a person has been found guilty of violating this chapter, the State Board of Licensure for Professional Engineers and Professional Surveyors may file a civil suit in the proper court in the jurisdiction in which the service or work is being performed. (2) Upon affidavit, the board shall secure a writ of injunction, without bond, restraining and prohibiting the person from performance of the service or work then being done or about to commence. (b) The members of the board, acting in good faith, are not personally liable under this proceeding. Acts 1953, No. 214, § 4; 1957, No. 285, § 1; 1969, No. 131, § 1; 1969, No. 196, § 2; A.S.A. 1947, § 71-1021; Acts 2009, No. 444, § 1. Previous Next

Ark. Code Ann. § 17-30-105

Next This chapter does not prevent the practice by: (1) Other Professions. The practice of any other legally recognized profession; (2) Temporary Permits. (A) (i) The practice or offer to practice of engineering by a person not a resident of or having no established place of business in this state if the person is legally qualified by licensure to practice engineering in his or her own state or country. (ii) An applicant may temporarily provide engineering services before becoming licensed under the reciprocal and comity licensure provisions of § 17-30-302(d) by obtaining a temporary permit. (iii) The State Board of Licensure for Professional Engineers and Professional Surveyors shall specify by rule the qualifications necessary to obtain a temporary permit. (iv) The qualifications necessary to obtain a temporary permit shall be similar to those necessary for original licensure. (B) An applicant for a temporary permit shall submit an application for a temporary permit and for reciprocal or comity licensure to the board in writing and, after payment of a fee established by board rule, may be granted a written permit for a definite period of time; and (3) Employees and Subordinates. The work of an employee or a subordinate of a person holding a certificate of licensure under this chapter or an employee of a person practicing lawfully under subdivision (2) of this section if the work does not include final engineering designs or decisions and is done under the direct supervision of and verified by a person holding a certificate of licensure under this chapter or a person practicing lawfully under subdivision (2) of this section. Amended by Act 2019, No. 315,§ 1401, eff. 7/24/2019. Acts 1993, No. 1041, § 3; 2009, No. 444, § 2. Previous Next

Ark. Code Ann. § 17-30-201

(a) There is created a State Board of Licensure for Professional Engineers and Professional Surveyors, consisting of nine (9) members to be appointed by the Governor. (b) (1) Each member of the board shall be a citizen of the United States, at least thirty-five (35) years of age, and shall have been a resident of this state for at least three (3) years immediately preceding his or her appointment. (2) Five (5) members shall be professional engineers of at least ten (10) years' active experience, of good standing in their profession, and licensed as professional engineers at the time of their appointments. (3) One (1) member shall be a professional engineer and a professional surveyor of at least ten (10) years' active experience in both, of good standing in both professions, and licensed as both a professional engineer and a professional surveyor at the time of his or her appointment. (4) One (1) member shall be a professional surveyor of at least ten (10) years' active experience, of good standing in his or her profession, and licensed as a professional surveyor at the time of his or her appointment. (5) (A) Two (2) members of the board shall: (i) Not be actively engaged as or retired as professional engineers or professional surveyors; (ii) Be appointed from the state at large, subject to confirmation by the Senate; and (iii) Be full voting members but shall not participate in the grading of examinations. (B) One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. (C) The two (2) positions may not be held by the same person. (c) The term of office for each member appointed shall be four (4) years. (d) Each member shall hold office until his or her successor is appointed and qualified. (e) The Governor may remove any member of the board for misconduct, incompetency, or neglect of duty. (f) Vacancies on the board, however created, shall be filled by the Governor for the unexpired term. (g) Each member of the board shall serve without compensation, except that the board member may receive expense reimbursement under § 25-16-901 et seq. Acts 1925, No. 202, § 3; Pope's Dig., § 12158; Acts 1969, No. 130, §§ 1, 2, 4; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 71-1003 -- 71-1003.3; Acts 1993, No. 1041, § 2; 1997, No. 250, § 138; 2005, No. 1178, § 6; 2009, No. 444, § 3. Next

Ark. Code Ann. § 17-30-202

Next The State Board of Licensure for Professional Engineers and Professional Surveyors shall: (1) Select its own officers; and (2) Have the power in consultation with the Secretary of the Department of Labor and Licensing to employ a Director of the State Board of Licensure for Professional Engineers and Professional Surveyors who shall serve as secretary-treasurer of the board. Amended by Act 2019, No. 910,§ 5424, eff. 7/1/2019. Acts 1953, No. 214, § 4; 1957, No. 285, § 1; 1969, No. 131, § 1; 1969, No. 196, § 2; A.S.A. 1947, § 71-1021; Acts 1993, No. 1041, § 2; 2009, No. 444, § 3. Previous Next

Ark. Code Ann. § 17-30-203

Next (a) The State Board of Licensure for Professional Engineers and Professional Surveyors shall: (1) Meet at least two (2) times each year; (2) Have a seal that shall be affixed to each certificate of licensure; and (3) Require that plans, specifications, plats, and reports issued by a professional engineer are stamped with a board-authorized design seal. (b) The board: (1) May determine the persons entitled to be licensed and those whose licenses shall be suspended or revoked; (2) Shall fix the fees and renewal fees; (3) Shall hold examinations for applicants for licensure not less than two (2) times a year; and (4) May do any other things necessary to its duties, including the adoption of rules not inconsistent with this chapter, the Arkansas Constitution, and other laws. (c) (1) The board may subpoena witnesses and compel their attendance and also may require the production of books, papers, and documents. (2) A member of the board may administer oaths or affirmations to witnesses before the board. (d) The expenses incurred by the board for the administration of this chapter may be paid by the board. Acts 1953, No. 214, § 4; 1957, No. 285, § 1; 1969, No. 131, § 1; A.S.A. 1947, § 71-1021; Acts 2009, No. 444, § 3; 2011, No. 897, § 2. Previous Next

Ark. Code Ann. § 17-30-204

Next A person making a claim against a member of the State Board of Licensure for Professional Engineers and Professional Surveyors has the burden of proving the absence of good faith. Acts 1953, No. 214, § 4; 1969, No. 196, § 2; A.S.A. 1947, § 71-1021; Acts 2009, No. 444, § 3. Previous Next

Ark. Code Ann. § 17-30-205

(a) The Attorney General or his or her assistant shall act as legal advisor to the State Board of Licensure for Professional Engineers and Professional Surveyors and render such legal assistance as necessary in carrying out this chapter. (b) It is the duty of the Attorney General to enforce this chapter and to prosecute any person violating this chapter. (c) The board may employ counsel and necessary assistance to aid in the enforcement of this chapter or request assistance from the Department of Labor and Licensing, and the compensation and expenses shall be paid from the funds of the board. Amended by Act 2019, No. 910,§ 5425, eff. 7/1/2019. Acts 1993, No. 1041, § 3; 2009, No. 444, § 3. Previous

Ark. Code Ann. § 17-30-301

A person, unless licensed under the present law, shall not practice or offer to practice engineering unless that person has been licensed under this chapter, except that: (1) An engineer-intern may engage in such a practice as an employee of or under the supervision of a licensed engineer; (2) A person holding a temporary permit under § 17-30-105(2) may temporarily provide engineering services for the purpose and in the manner provided by the State Board of Licensure for Professional Engineers and Professional Surveyors when granted the temporary license; (3) A person may engage in such a practice if that person is employed by a professional engineer and acts under his or her supervision and direction; and (4) A firm may not engage in the practice of engineering as a profession except under § 17-30-303 . Acts 1953, No. 214, § 2; A.S.A. 1947, § 71-1019; Acts 1987, No. 51, § 1; 1993, No. 1041, § 3; 2009, No. 444, § 4. Next

Ark. Code Ann. § 17-30-302

Next (a) Except as provided hereafter, each applicant for licensure shall submit to an examination by the State Board of Licensure for Professional Engineers and Professional Surveyors and, if found to be qualified, shall be registered, depending on his or her education and experience, either as: (1) A professional engineer; or (2) An engineer-intern. (b) (1) (A) A person may apply to be licensed as an engineer if he or she is a graduate of an Accreditation Board for Engineering and Technology, Inc., approved engineering curriculum, or its equivalent as approved by the State Board of Licensure for Professional Engineers and Professional Surveyors, of four (4) years from a school or college approved by the State Board of Licensure for Professional Engineers and Professional Surveyors and has had four (4) years' experience in engineering work of a type satisfactory to the State Board of Licensure for Professional Engineers and Professional Surveyors. (B) In its discretion, the State Board of Licensure for Professional Engineers and Professional Surveyors may consider satisfactory graduate study in engineering equal to one (1) year's experience. (2) This subsection shall be effective July 1, 2001. (c) (1) A person may apply to be registered as an engineer-intern if he or she is a graduate of an approved Accreditation Board for Engineering and Technology, Inc., or its equivalent as approved by the State Board of Licensure for Professional Engineers and Professional Surveyors, engineering curriculum of four (4) years from a school or college approved by the State Board of Licensure for Professional Engineers and Professional Surveyors. (2) This subsection shall be effective July 1, 1997. (d) The State Board of Licensure for Professional Engineers and Professional Surveyors in its discretion may waive examination of a person applying to be licensed as an engineer or an engineer-intern if he or she is licensed either as an engineer or an engineer-in-training or an engineer-intern by the licensing authority of any state or territory or possession of the United States or of any foreign country if his or her qualifications at the time he or she was licensed are not less than those provided in this chapter. Acts 1953, No. 214, § 5; A.S.A. 1947, § 71-1022; Acts 1993, No. 1041, § 3; 2009, No. 444, § 4. Previous Next

Ark. Code Ann. § 17-30-303

Next (a) (1) The practice or offer to practice for others, as defined in § 17-30-101 , by individuals licensed under this chapter through a firm is permitted if: (A) The professional engineers of the firm are licensed under this chapter or are practicing under § 17-30-105 ; and (B) The firm has been issued a certificate of authorization by the State Board of Licensure for Professional Engineers and Professional Surveyors under this subchapter. (2) All final drawings, specifications, plans, reports, calculations, or other engineering papers or documents involving the practice of engineering, as defined in this chapter, when issued or filed for public record, shall be dated and bear the signature and seal of the professional engineer qualified in the appropriate branch of engineering who prepared them or under whose immediate direction they were prepared. (b) (1) A firm desiring a certificate of authorization shall file with the board an application, using the form provided by the board, providing all the information required by the board, and also listing the names and addresses of the individual or individuals duly licensed to practice engineering in this state who shall be in responsible charge of the practice of engineering in the state through the firm, and other information, which must accompany the annual renewal fee. (2) If there is a change in any of these persons during the year, the change shall be designated on the same form and filed with the board within thirty (30) days after the effective date of the change. (3) If all of the requirements of this section are met, the board shall issue a certificate of authorization to the firm, and the firm may contract for and collect fees for furnishing engineering services. (c) This chapter does not prevent a firm from performing engineering services for the firm itself or a subsidiary or an affiliate of the firm. (d) (1) The firm shall not be relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners by reason of its compliance with this section. (2) An individual practicing engineering under this chapter shall not be relieved of responsibility for engineering services performed by reason of employment or other relationship with a firm holding an authorization certificate. (e) A certificate of authorization shall be renewed as provided in this chapter. (f) An engineer who gives occasional, part-time, or consulting engineering services to or for a firm shall not be designated as being responsible for the professional activities of the firm unless the engineer is an officer or owner of the firm. (g) (1) The Secretary of State shall not issue a certificate of incorporation to an applicant or a registration as a foreign firm to a firm that includes among the objectives for which it is established any of the words "engineer", "engineering", or any modification or derivation thereof unless the board has issued for the applicant a certificate of authorization or a letter indicating the eligibility of the applicant to receive such a certificate. (2) The firm applying shall supply such a certificate or letter from the board with its application for incorporation or registration. (h) The Secretary of State shall decline to register any trade name or service mark that includes words as set forth in subsection (g) of this section or modifications or derivatives thereof in its firm name or logos except those firms holding authorization certificates issued under this section. Amended by Act 2019, No. 386,§ 20, eff. 7/24/2019. Acts 1993, No. 1041, § 3; 2009, No. 444, § 4; 2011, No. 897, §§ 3, 4. Previous Next

Ark. Code Ann. § 17-30-304

Next (a) The State Board of Licensure for Professional Engineers and Professional Surveyors may establish application fees, certificate fees, renewal fees, license reinstatement fees, examination fees, penalties for late renewals or cancellations, and any other fees it deems necessary within the guidelines of the State of Arkansas. (b) The board may establish guidelines and require a demonstration of continuing professional competency as a condition of renewal or relicensure. (c) All certificates shall be renewed annually or biennially at the discretion of the board. (d) The fees shall be deposited into a bank designated by the board, and the officer or employee who collects the fees and disburses them shall be required to execute a corporate surety bond for the proper accounting thereof. (e) (1) A professional engineer or engineer-intern licensed under this chapter who is not engaged in the practice of engineering may request that the board grant him or her inactive status by placing his or her name on the board's inactive roll. (2) A professional engineer or engineer-intern who is granted inactive status maintains the right to seek active license status at a later time. (3) A professional engineer whose license is inactive may return to active status by: (A) Notifying the board in advance of his or her intention to return to active status; (B) Paying the appropriate fees; and (C) Meeting all requirements of the board, including demonstration of professional competency. (4) Inactive status shall continue so long as the license holder pays the annual fee under the board's rules. (f) A professional engineer or engineer-intern whose license is not renewed may have it reinstated by meeting the requirements of the board depending on the time of nonrenewal under the rules of the board. The requirements the board may consider are: (1) Payment of fees and penalties; (2) Demonstration of continuing professional competency; and (3) Reexamination. Amended by Act 2013, No. 589,§ 1, eff. 8/16/2013. Acts 1953, No. 214, § 6; 1969, No. 196, § 3; A.S.A. 1947, § 71-1023; Acts 1993, No. 1041, § 3; 2001, No. 591, § 1; 2009, No. 444, § 4; 2011, No. 897, § 5. Previous Next

Ark. Code Ann. § 17-30-305

Next (a) The State Board of Licensure for Professional Engineers and Professional Surveyors may suspend, revoke, or refuse to issue, restore, or renew a certificate of licensure of, or place on probation, fine, or reprimand a professional engineer who is: (1) Found guilty of: (A) Fraud or deceit in obtaining, attempting to obtain, or renewing a certificate of licensure or certificate of authorization; (B) Negligence, incompetency, or misconduct in the practice of engineering; (C) Failure to comply with this chapter, the rules of the board, or an order of the board; (D) Discipline by another state, territory, the District of Columbia, a foreign country, the United States Government, or any other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section; (E) Failure within thirty (30) days to provide information requested by the board as a result of a formal or informal complaint to the board that would indicate a violation of this chapter; (F) Knowingly making false statements or signing false statements, certificates, or affidavits to induce payment; (G) Aiding or assisting another person in violating this chapter or the rules of the board; (H) Violating a term of probation imposed by the board; (I) Using a seal or practicing engineering while the professional engineer's license is suspended, revoked, nonrenewed, or inactive; (J) Signing, affixing the professional engineer's seal, or permitting the professional engineer's seal or signature to be affixed to an instrument of practice that has not been prepared or completely checked by the professional engineer or under the professional engineer's direct supervision or control; (K) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public; (L) Providing false testimony or information to the board; or (M) Habitual intoxication or addiction to the use of drugs or alcohol; or (2) Found guilty of or enters a plea of guilty or nolo contendere to: (A) A felony listed under § 17-3-102 ; (B) A crime of which an essential element is dishonesty; or (C) A crime that is directly related to the practice of engineering. (b) In addition to any other penalty provided in this section, a person who violates this chapter or a rule of the board shall pay to the board a civil penalty in an amount determined by the board of not more than five thousand dollars ($5,000) for each offense. (c) (1) The board shall adopt rules of professional conduct under § 17-30-203 that shall be published in writing to an applicant for licensure under this chapter and published in the roster. (2) The publication shall constitute due notice to the licensees. (3) The board may amend the rules of professional conduct from time to time and shall notify each licensee in writing of the amendments. (d) The board may: (1) Revoke a certificate of authorization; (2) Suspend a certificate of authorization for no more than two (2) years of a firm if one (1) or more of its officers or directors have been found guilty of conduct that would authorize a revocation or suspension of the certificate of licensure of the officer or director under this section; (3) Place a licensee on probation under rules prescribed by the board; or (4) Levy a fine of not more than five thousand dollars ($5,000) for each offense. (e) The board may discipline nonlicensees that violate this chapter by imposing a fine of not more than five thousand dollars ($5,000) for each offense. Amended by Act 2019, No. 990,§ 35, eff. 7/24/2019. Acts 1953, No. 214, § 4; A.S.A. 1947, § 71-1021; Acts 1993, No. 1041, § 3; 2009, No. 444, § 4; 2011, No. 897, § 6. Previous Next

Ark. Code Ann. § 17-30-306

Next (a) The rules promulgated by the State Board of Licensure for Professional Engineers and Professional Surveyors for disciplinary procedures shall be based on and consistent with the model rules of procedure of the Attorney General. (b) A charge, unless dismissed or settled informally shall be heard by the board within twelve (12) months after the date on which the charge was submitted. (c) A fine or civil penalty not paid within fifty (50) days after the order becomes final shall constitute a judgment, and the order shall be filed and executed in the same manner as any other judgment of a court of record. (d) Upon petition of an individual licensee or firm holding a certificate of authorization, the board may reissue a certificate of licensure or authorization if a majority of the members of the board vote to reissue the certificate of licensure or authorization. Acts 1993, No. 1041, § 3; 2001, No. 591, § 2; 2009, No. 444, § 4; 2011, No. 897, § 7. Previous Next

Ark. Code Ann. § 17-30-307

(a) (1) The State Board of Licensure for Professional Engineers and Professional Surveyors shall issue rules establishing the continuing education requirements for professional engineers and engineer-interns. (2) The rules shall take into account the accessibility to applicants of the board's continuing education requirements. (3) The rules may: (A) Rely upon guidelines and pronouncements of recognized educational and professional associations; (B) Prescribe the content, duration, and organization of courses; (C) Provide for the relaxation or suspension of requirements for: (i) Applicants who certify that they do not intend to engage in the practice of engineering; and (ii) Instances of individual hardship; (D) Exempt from licensed continuing education requirements a professional engineer sixty-five (65) years of age or older with twenty-five (25) or more years of experience as a practicing professional engineer; and (E) (i) Prescribe the manner and condition under which credit shall be given for participation in a program of continuing education that the board considers necessary and appropriate to maintain competency in the practice of engineering. (ii) Examples of programs of continuing education that are acceptable include without limitation programs or seminars sponsored by higher educational institutions, government agencies, and professional engineering organizations and related professions. (b) (1) An application for renewal of a certificate of licensure shall be accompanied by evidence documenting the completion of acceptable continuing education credit during the previous renewal period. (2) Failure by an applicant to provide this evidence upon request by the board is grounds for disciplinary action unless the board determines the failure is due to a reasonable cause or the applicant was not engaged in the practice of engineering during the previous renewal period. (3) The board may renew a certificate of licensure despite an applicant's failure to furnish satisfactory evidence of meeting continuing education requirements and may issue a certificate of licensure to an applicant who has previously maintained inactive status under § 17-30-304 if the applicant follows a particular program or schedule of continuing education prescribed by the board. Acts 2011, No. 897, § 8. Previous

Ark. Code Ann. § 17-38-201

(a) The State Board of Health shall have the following powers: (1) To ensure that the construction, installation, and maintenance of plumbing in connection with all buildings in this state, including buildings owned by the state or any political subdivision thereof, shall be safe and sanitary in order to safeguard the public health; (2) (A) To have general supervision of all plumbing and, according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall prescribe and publish and enforce minimum reasonable standards that shall be uniform as far as practicable. (B) The Secretary of the Department of Health or any employee of the Department of Health designated by the State Board of Health may act for the State Board of Health except in adoption of rules; (3) To prescribe rules as to the qualifications, examination, and licensing of master plumbers and journeyman plumbers and for the registration of apprentice plumbers; (4) To assign the duties of the Committee of Plumbing Examiners; (5) (A) To prescribe rules as to the use of corrugated stainless steel piping. (B) Such rules shall be no more stringent than the American National Standards for Interior Fuel Gas Piping Systems; and (6) (A) To require that a survey and inspection for leaks, proper venting, and general condition of the natural gas piping system and gas utilization equipment connected thereto, including appliances, serving any school accredited by the State Board of Education shall be performed as frequently as necessary, but at intervals not exceeding one (1) year. School officials shall be responsible to ensure that these surveys and inspections are performed by a qualified agency and that proof of the survey results are provided to the Division of Protective Health Codes of the Department of Health by September 1 each year. (B) As used in subdivision (a)(6)(A) of this section, "qualified agency" means any individual, firm, corporation, or company which either in person or through a representative is engaged in and is responsible for the installation, replacement, or repair of consumer gas piping, or the connection, installation, repair, or servicing of gas utilization equipment, and is experienced in such work and familiar with all precautions required and has complied with all requirements of the State Board of Health and the department and the codes and rules. (b) The State Board of Health shall prescribe rules governing plumbing apprentice training committees and, in cooperation with educational authorities, assist in related training programs for plumbers. (c) The department may exercise such powers as are reasonably necessary to carry out the provisions of this chapter. Among other things, it may: (1) Employ competent supervisors who shall be licensed plumbers or licensed engineers, employ other assistants, and prescribe qualifications and assign duties for the supervisors and assistants; (2) Conduct investigations and experiments for the advancement of technical knowledge relating to plumbing and hold public meetings and attend or be represented at the meetings within or without the state; (3) Enter and inspect at reasonable hours plumbing installations on private or public property and disseminate information relative to the provisions of this chapter; (4) Prepare and cause to be printed such codes, bulletins, or other documents as may be necessary and furnish copies thereof to those engaged in the plumbing business and to the public upon request; (5) Charge a reasonable fee for plumbing inspections; (6) Furnish upon request of the owner of the building or of the plumber making the plumbing installation, recommendations or a certificate of inspection; (7) Issue restricted licenses limited to gas fitter, residential and governmental maintenance, service line installation, solar mechanic, and hospital maintenance licenses if the licensee has demonstrated competency for the particular phase of plumbing for which the person is licensed and if the State Board of Health has adopted rules defining restrictions in the type of work allowed, geographical area served, and term of the type of restricted license; and (8) Prepare a list giving the names and addresses of all licensed plumbers and registered apprentice plumbers. (d) (1) The State Board of Health shall prescribe rules as to the qualifications, examination, and licensing of master plumbers and journeyman plumbers and for the registration of plumbing apprentices. (2) The State Board of Health shall publish a list giving the names and addresses of all licensed plumbers, registered plumbers, and city plumbing inspectors. (e) The State Board of Health may issue special licenses and restricted licenses, including, but not limited to, gas licenses and other licenses which may cover a special phase of plumbing, provided that the licensee has demonstrated competency for the particular phase of plumbing for which the person is licensed. (f) The department shall issue a restricted gas utility license to all gas utilities having gas servicepersons. The license shall cover all of the servicepersons of the utility if the utility requires each serviceperson to be specially trained for this service. The utility shall be responsible to the department for each serviceperson and shall provide an identification card showing the utility name, utility license number, and the restricted service of the serviceperson. The utility shall register each serviceperson and his or her serial number with the department. (g) The State Board of Health shall allow the use of a harvested rainwater system used for a nonpotable purpose if the harvested rainwater system: (1) Is designed by a professional engineer licensed in Arkansas; (2) Is designed with appropriate cross-connection safeguards; and (3) Complies with the state plumbing code. (h) The department and the State Board of Health shall: (1) Accept plumbing plan review documents via email, via mail, or in person; and (2) Respond to an individual or entity submitting plumbing plan review documents via email, unless the individual or entity indicates that the individual or entity would prefer to receive the response via mail. Amended by Act 2019, No. 315,§ 1448, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1447, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1446, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1445, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1444, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1443, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1442, eff. 7/24/2019. Amended by Act 2019, No. 889,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 471, eff. 7/1/2019. Acts 1951, No. 200, § 2; 1975, No. 902, § 2; A.S.A. 1947, § 71-1206; Acts 1987, No. 816, § 2; 1993, No. 638, § 1; 1995, No. 982, § 1; 2003, No. 1217, §§ 5, 6; 2009, No. 361, § 1.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)