010.13.05 Ark. Code R. 001

Current through Register Vol. 49, No. 9, September, 2024

Rule 010.13.05-001 - Regulation 1 - National Electrical Code; Regulation 9 - Electrical Civil Monetary Penalties; Regulation 15 - Effective Date and Repealer

Regulation 1.The National Electrical Code.

1.1 The Board hereby adopts and incorporates herein the National Electrical Code, 2005 edition of the National Fire Protection Association, effective as of October 1, 2005.

1.2 The National Electrical Code, 2005, shall be the standard for the construction, installation, repair, and maintenance of electrical facilities and the performance of electrical work.

1.3 In the event there are updates and new editions to the National Electrical Code, the Board shall, after notice and public hearing, adopt such changes and editions which it determines are necessary to insure the public health and safety.

1.4 The statewide standards shall guarantee a uniform minimum standard for the construction, installation, and maintenance of electrical facilities and for the performance of electrical work.

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Regulation 9.Electrical Civil Monetary Penalties

9.1 Civil Penalties, Generally.

a. Any person, firm, or corporation that violates provisions of Ark. Code Ann. § 17-28-101 through 310 or Ark. Code Ann. § 20-31-101 through 20-31-105; or any rule, regulation, or order promulgated by the Board; or any condition of a license, certificate, or registration issued by the Board shall be subject to a civil penalty that shall not exceed the following:

(1) Two hundred fifty dollars ($250.00) for a first offense;

(2) Seven hundred fifty dollars ($750.00) for a second offense;

(3) One thousand dollars ($1000.00) for a third offense

b. Each day of a continuing violation shall constitute a separate offense.

c. Assessment of a civil penalty shall be made no later than two (2) years from the date of the occurrence of the violation.

d. The amount of civil penalties will be determined in accordance with 9.2 of this Regulation.

e. In civil penalty cases, the staff of the Electrical Division of the Arkansas Department of Labor shall notify the person, firm, or corporation charged with the violation by Regular Mail of the following:

(1) the type of violation(s)

(2) the date(s) of the violation(s)

(3) the amount of the civil penalty for the violation(s)

(4) the civil penalty determination issued by the Electrical Division staff shall be final, unless within twenty (20) days after receipt of this notice, the person, firm, or corporation notifies the Director in writing that the person, firm, or corporation contests the penalty; and

(5) the procedure for contesting a civil penalty as provided in 9.5 of this Regulation.

f. If the person, firm, corporation, partnership, or association charged with the violation has not filed written notice with the Director that the charged party contests the civil penalty within twenty (20) days after receiving notice in accordance with 9.1(e) of this Regulation, the penalty assessment by the Electrical Division staff shall become the final determination of the Director.

g. Notice of the civil penalty may also be delivered in the same manner as summons in civil cases or by hand-delivered citation by an electrical inspector of the Arkansas Department of Labor.

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9.2 Civil Penalty Assessment.

a. If upon inspection or investigation, the Arkansas Department of Labor finds that a person, firm, or corporation has violated any of the provisions of Ark. Code Ann. § 17-28-101 through 310 or Ark. Code Ann. § 20-31-101 through 20-31-105; or any rule, regulation, or order promulgated by the Board; or any condition of a license, certificate, or registration issued by the Board, such person, firm or corporation shall be subject to a civil penalty that shall not exceed the following:

(1) Two hundred fifty dollars ($250.00) for a first offense;

(2) Seven hundred fifty dollars ($750.00) for a second offense; and

(3) One thousand dollars ($1000.00) for a third offense

b. The amount of a civil penalty will be based on the Violation Fine Schedule in 9.3 of this Regulation.

c. The Violation Fine Schedule is only a guideline to assist in consistent application of civil monetary penalties. The Board shall only be bound by the statutory fine scale described in Ark. Code Ann. § 17-28-309(b)(2).

d. Upon appeal, the Board may exercise its discretion in determining the appropriate penalty according to the Violation Fine Schedule in 9.3 of this Regulation. In determining the amount of a civil monetary penalty, the Board may consider:

(1) The degree and extent of harm to the public safety or to property, or the potential for harm;

(2) The duration and gravity of the violation;

(3) Whether the violation was committed willfully or intentionally, or reflects a continuing pattern;

(4) Whether the violation involved elements of fraud or deception either to the public or to the Board, or both;

(5) The violator's prior disciplinary record with the Board;

(6) Whether and to the extent which the violator profited by the violation.

e. No civil penalty assessments older than two (2) years shall be used as the basis for a progressive discipline pursuant to the Violation Fine Schedule in Regulation 9.3.

f. No provision of this subsection shall abridge authority of the Board to evaluate all past civil money assessments by any person, firm, or corporation to revoke or suspend any license for any offense.

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9.5 Contesting a Civil Penalty

a. The person, firm, or corporation may contest the imposition of a civil penalty by filing a written request for a hearing with the Director, 10421 West Markham, Little Rock, Arkansas 72205. The written request must be made within twenty (20) days after receipt of notification of the civil penalty or the assessment will become final.

b. A written request for a hearing shall be scheduled for a hearing before the Board.

c. The person, firm, or corporation shall be provided at least twenty (20) days notice of the hearing. Such notice shall include:

(1) a statement of the time, date, place, and nature of the hearing;

(2) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) a short and plain statement of the matters of fact and law asserted; and

(4) a statement that the person, firm, or corporation may, upon written request, obtain the issuance of a subpoena by the Director for the attendance and testimony of witnesses and the production of documents.

d. The Board shall, after consideration of the evidence, issue a decision and issue an order setting forth findings of fact and conclusions of law. Such decision shall become the final determination of the Board, unless judicial review is sought within thirty (30) days pursuant to the Administrative Procedures Act, Ark. Code Ann. § 25-15-212.

e. If any person, firm, or corporation against whom a civil penalty has been imposed fails to pay the penalty within sixty (60) days of the final determination, the Director of the Arkansas Department of Labor may file an action in a court of competent jurisdiction to collect the civil penalty, without paying costs or giving bonds for costs.

Regulation 15.*** Effective Date and Repealer.

15.1 Effective September 1, 1999 all previous regulations promulgated by the board are hereby repealed.

15.2 The effective date of these regulations is September 1, 1999.

NOTE: Regulations 1, 6.2 and 7.9 were amended effective January 1, 2002, and 6.7 was effective April 1, 2002.

NOTE: Regulations 5.3, 5.5, 6.1, 6.2, 6.4, 7.5, 7.7, 7.9, 8.3, 8.4, 8.5, 11.6, 12.6 were amended effective April 1, 2004. Regulation 9 was a new regulation effective April 1, 2004. Subsequent Regulations were renumbered on this date.

NOTE: Regulations 6.2, 6.5, 7.9, 7.10, 8.7, 9.1 - 9.5 were amended effective November 1, 2004.

NOTE: Regulations 1.1, 9.1, 9.2, 9.5 were amended effective October 1, 2005

010.13.05 Ark. Code R. 001

9/9/2005