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17-25-107. Abuse, neglect, or exploitation. [Effective July 1, 2020.]
Arkansas Code — all titles (historical 2020) · legal_authorities
17-25-107. Abuse, neglect, or exploitation. [Effective July 1, 2020.]
(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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-25-107
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:17-25-107
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 389407c882cca0e8b4c09c47771e64847d28090fed5d818c4c05d313d0409b86
Source location: content.xml paragraph 6816
Stored source content
17-25-107. Abuse, neglect, or exploitation. [Effective July 1, 2020.]
(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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-25-101. Definition. [Effective until July 1, 2020.]
(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 definiti
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-25-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-25-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-25-101. Definition. [Effective July 1, 2020.]
(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
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-25-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-25-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-25-309. Procedure for revocation — Reissuance. [Effective until July 1, 2020.]
(a) Any person may prefer charges in connection with the foregoing against any contractor licensed 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 of the contractor, but in that event no refund shall be made of the license fee.
(g) Within its discretion and upon proper application or hearing, the board may reissue a license to any contractor whose license has been revoked.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-25-309
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-25-309. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-25-309. Procedure for revocation — Reissuance — Emergency suspension. [Effective July 1, 2020.]
(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
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-25-309
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-25-309. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-25-510. Hearings regarding violations. [Effective until July 1, 2020.]
(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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-25-510
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-25-510. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-25-510. Hearings regarding violations — Emergency suspension. [Effective July 1, 2020.]
(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 imm
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-25-510
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-25-510. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-28-101. Definitions.
As used in this chapter:
(1) “Abuse” means:
(A) Any purposeful and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person;
(B) Any purposeful or demeaning act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm;
(C) Any purposeful threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause; or
(D) With regard to any adult long-term care facility resident by a caregiver, any purposeful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish;
(2) “Adult maltreatment” means adult abuse, exploitation, neglect, physical abuse, or sexual abuse;
(3) “Caregiver” means a related or unrelated person, owner, agent, high managerial agent of a public or private organization, or a public or private organization that has the responsibility for the protection, care, or custody of an adult endangered person or an adult impaired person as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court;
(4) “Endangered person” means:
(A) An adult who:
(i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the adult; and
(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or
(B) A long-term care facility resident who:
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-28-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-28-101. This identifies an authority to review, not proof of applicability.