Arkansas Administrative Code
Agency 076 - Real Estate Commission
Rule 076.00.05-001 - Regulation 4.1 - Applications; Educations; Experience
Universal Citation: AR Admin Rules 076.00.05-001
Current through Register Vol. 49, No. 9, September, 2024
Regulation 4.1 Applications; Education; Experience.
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 principles,
license law, and commission regulations by actual classroom attendance or
completion of approved correspondence courses for not less than sixty (60)
classroom hours. 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; [Amended
effective 1-1-02 ]
(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)
Effective January 1, 2006, the Commission may require each original applicant
for a salesperson or broker license, including nonresident applicants applying
pursuant to ACA §
17-42-305,
using forms furnished by and pursuant to instructions provided by the
Commission to apply for a state and federal criminal background check to be
conducted by the Identification Bureau of the Department of Arkansas State
Police and the Federal Bureau of Investigation pursuant to Arkansas Code Ann.
§
17-42-315.
(2) "Criminal background check" means a state
and nation-wide criminal records check conducted by the Arkansas State Police
and Federal Bureau of Investigation, including the taking of
fingerprints.
(3) Each such
applicant shall submit, prior to or with the Application for Real Estate
Examination, the form furnished by the Commission authorizing the release of
the applicant's criminal background check report to the Commission and shall
pay any applicable fees, associated with the State and Federal criminal
background checks, pursuant to written instructions provided by the Commission.
The release form shall authorize the Identification Bureau of the Arkansas
State Police to forward all criminal history information obtained concerning
the applicant in regard to any offense referred to in Arkansas Code Ann. §
17-42-315
to the Commission.
(4) The criminal
background check shall be completed within six months immediately preceding the
date the Application for Real Estate License Examination is received in the
commission's office, and if not, the application shall be returned to the
applicant.
(5) Upon request and
proof of identification satisfactory to the Commission the Commission may make
the report of any criminal information 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. §
12-12-211 and
Arkansas Crime Information Center Regulation 7(F).
(6) 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 and shall not process the
application until the challenge of said report is resolved by the State
Identification Bureau and/or Arkansas Crime Information Center. 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.
(7) Except as provided in Arkansas Code Ann.
§
17-42-315(g),
no person shall receive or hold a license issued by the Commission if the
person has been convicted by any court in the State of Arkansas or of any
similar offense by a court in another state or of any similar offense by a
federal court of an offense identified in Ark. Code Ann. §
17-41-315(f).
(8) After a hearing,
the Commission may waive a conviction identified in the preceding paragraph,
upon application of the applicant, pursuant to the provisions of Ark. Code Ann.
§
17-42-315(g).
(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
or
(3) A school or organization
approved by a real estate licensing jurisdiction deemed equivalent by the
Commission. [Amended effective 1-1-05 ]
(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.
[Amended effective 1-1-06 ]
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