RULE 076.00.98-001 - Regulation 4.1 amendment - Applications, education, experience

RULE 076.00.98-001. Regulation 4.1 amendment - Applications, education, experience

4.1 Applications; Education; Experience.

a) Amendments to existing regulation are underlined on page 3, lines 1-25.

Summary of Substantive Changes: The proposed amendments to Regulation 4.1 establish a procedure to obtain reports of any criminal conviction information regarding applicants who apply for real estate licenses from the Arkansas State Police Identification Bureau.

Applicants for original licensure as a broker or salesperson must apply on forms provided by the commission, pay the application fee established by these regulations, and meet the following requirements:

(a) Broker applicants must provide proof of the following:

(1) Attainment of the age of majority, which proof may consist of a birth certificate or copy thereof) driver's license, or other document or proof of age which is satisfactory to the commission;

(2) Successful completion within thirty six (36) months immediately preceding the date of the application of a course or courses of instruction in real estate by actual classroom attendance or completion of approved correspondence courses for not less than sixty (60) classroom hours. For applicants who make application for the examination after June 1, 1997, the education requirement as stated shall not be less than ninety (90) classroom hours, at least thirty (30) classroom hours of which shall be in basic broker courses. Applicants who are retaking only one part of the examination pursuant to Regulation 4.2 (c), shall remain subject to the requirement which was in effect at the time the applicant passed the other part of the examination. Proof of completion of such education requirement shall consist of the original certificate(s), or certified copies thereof, from the school or organization or other documentation satisfactory to the commission;

(3)

(A) Service by the applicant of an active bona fide apprenticeship by holding a valid real estate salesperson's license issued by the commission, or by; holding a valid real estate salesperson's license or broker's license issued by the appropriate licensing agency of another state, for a period of not less than twenty four (24) months, within the previous forty eight (48) month period immediately preceding the date of application, which proof may consist of the official license records of the commission or certified copies of licensure records of the appropriate licensing agency of another state, or such other documentation as the commission deems satisfactory;

(B) However, pursuant to Section 17-42-303(b) the commission may waive such experience requirement for a real estate broker applicant who has held an active real estate broker's license for a period of not less than eighteen (18) months. Each request for such waiver shall be in writing and shall include such proof as necessary to establish the applicant's eligibility for the waiver. Such proof may consist of the official license records of the commission, certified copies of license records of the appropriate licensing agency of another state, or such other documentation as the commission deems satisfactory;

(4) The applicant's affidavit that he/she has no record of unprofessional conduct;

(5) The statements of three (3) adults who have known the applicant for at least one (1) year that the applicant has a good reputation for honesty, trustworthiness and integrity sufficient to safeguard the interests of the public;

(6) Any other information or documents required by the commission.

(b) Salesperson applicants must provide proof of the following:

(1) Attainment of the age of majority, which proof may consist of a birth certificate or copy thereof, driver's license, or other document or proof of age which is satisfactory to the commission;

(2) Successful completion of a course or courses of instruction in real estate by actual classroom attendance or completion, of approved correspondence courses of not less than sixty (60) classroom hours, of which at least thirty (30) hours must be in the basic principles of real estate; which proof shall consist of the original certificate(s), or certified copies thereof from the school or other organization or other documentation satisfactory to the commission;

(3) The applicant's affidavit that he/she has no record of unprofessional conduct;

(4) The statements of three (3) adults who have known the applicant for at least one (1) year that the applicant has a good reputation for honesty, trustworthiness and integrity sufficient to safeguard the interests of the public;

(5) Any other information or documents required by the commission.

(c)

(1) For each salesperson and broker applicant, the Commission may obtain a report of any criminal convictions from the State Identification Bureau pursuant to Arkansas Code Ann. 612-12-1009(a)(1).

(2) Upon request and proof of identification satisfactory to the Commission the Commission may make the report of any criminal convictions available to the applicant who is the subject of the report and shall provide the applicant a reasonable time to challenge the accuracy or completeness of the information therein, through the State Identification Bureau pursuant to Arkansas Code Ann, 612-12-211 and Arkansas Crime Information Center Regulation 7(F).

(3) Should an applicant challenge his/her conviction report, he/she shall notify the Commission in writing. After receipt of such notice, the Commission shall not determine whether an applicant is qualified for the license applied for until the applicant has had reasonable opportunity to challenge said conviction report. The applicant shall notify the Identification Bureau to forward to the Commission changes in the applicant's report as a result of any such challenge. An applicant shall be offered the opportunity for a hearing before the Commission pursuant to Arkansas Code Ann. § 17-42-314(a) before being denied a license because of a criminal conviction.

(4) The Commission may determine that an applicant who has been convicted of a crime as set forth in Arkansas Code Ann. § 17-42-311(a)(3) does not meet the requirements of Arkansas Code Ann. § 17-42-302(a)(5) or (6) to be qualified to be licensed as a real estate broker or salesperson. Said determination ordinarily shall be made before the applicant sits for the licensing examination; however, failure to do so shall not preclude the Commission from considering such a conviction which inadvertently or for other reasons was not considered before an applicant was issued a license.

(d) All classroom hours required by Regulation 4.1(a) and (b) shall be conducted by:

(1) An accredited postsecondary school wherever situated; or

(2) A school or organization licensed by the State Board of Private Career Education.

(e) The course or courses of instruction requirements of Regulation 4.1(a) and (b) may be satisfied by successful completion of such correspondence courses as the commission may by regulation require, giving due consideration to the correspondence conversion from the number of hours necessary to provide instruction in basic competencies required for a broker's license or salesperson's license, as the case may be, and to the advice and recommendations of the State Board of Private Career Education.

(f) Both broker and salesperson applicants shall also answer all questions and provide all information requested on the examination application, and shall provide such other information or documentation as the commission may require.

(g) All requirements of Regulation 4.1 shall be completed before the applicant will be entitled to take the examination.

(h) All applications expire one (1) year after the date of the application or upon successful completion of the examination, whichever first occurs. Provided, however that the application of an applicant who takes and passes either part of the examination within one (1) year from the date of his application shall not expire until the six (6) months allowed for retaking the failed portion pursuant to Regulation 4.2(c) has expired.

(i) Application fees are non-refundable.

(4/6/1998)

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