Arkansas Administrative Code
Agency 076 - Real Estate Commission
Rule 076.00.15-001 - Section 4.1: Applications, Education, and Experience
Universal Citation: AR Admin Rules 076.00.15-001
Current through Register Vol. 49, No. 9, September, 2024
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 distance education 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;
(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, plus such other
documentation as the Commission deems satisfactory to demonstrate that the
applicant has gained experience in the real estate business equal to that which
would be gained by a person engaged in the real estate business on a full time
basis during a minimum two year period of time; Listings, sales or other
licensed activities may be considered by the commission in determining whether
the applicant meets this qualification; Consideration shall be given to the
broker applicant's local real estate market and/or specialized area of real
estate practice. Any person whose application for broker license is denied by
the executive director may appeal such denial to the Commission provided the
request is in writing and received in the office of the Commission not later
than sixty (60) days following the date of denial by the executive
director.
(B) However, pursuant to
Section §
17-42-303(b)(2)
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 or who has experience acceptable to the
commission in a field considered real estate related for a period of not less
than twenty-four months within the previous forty-eight-month period
immediately preceding the date of application. 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) Any other information or documents
related to professional licenses held by the applicant; formal disciplinary
actions by regulatory agencies; or, pending lawsuits filed or judgments entered
against the applicant for fraud, deceit, dishonesty, misrepresentation, or
conversion of property including money belonging to another.
(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) Any other information or documents
related to professional licenses held by the applicant; formal disciplinary
actions by regulatory agencies; or, pending lawsuits filed or judgments entered
against the applicant for fraud, deceit, dishonesty, misrepresentation, or
conversion of property including money belonging to
another.
(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 Arkansas Code Ann. §
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 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. §
17-42-315(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)
(1) Broker applicants who have previously
held an Arkansas real estate license shall not be required to:
(A) complete any pre-license education
previously completed by the broker applicant, or
(B) demonstrate fulfillment of the
requirements of Regulation 4.1(a)(3)(A).
(2) Broker applicants who have previously
held an Arkansas real estate license shall be required to:
(A) pay the application fee established by
these regulations;
(B) comply with
the requirements of subsection (c) of this section;
(C) provide an affidavit that he/she has no
record of unprofessional conduct and is not holding a suspended or probationary
professional license in any state; and
(D) provide any other information or
documents related to professional licenses held by the applicant; formal
disciplinary actions by regulatory agencies; or, pending lawsuits filed or
judgments entered against the applicant for fraud, deceit, dishonesty,
misrepresentation, or conversion of property including money belonging to
another.
(3) The
Executive Director may waive the requirement to complete the broker licensure
exam and may consider the following when granting a waiver under this
subsection:
(A) the length of time an Arkansas
real estate broker license was held; and
(B) the length of time since the applicant
held an Arkansas real estate broker license.
(4) Salesperson applicants who have
previously held an Arkansas real estate salesperson license shall not be
required to complete any pre-license education.
(5) Salesperson applicants who have
previously held an Arkansas real estate license shall be required to:
(A) pay the application fee established by
these regulations;
(B) comply with
the requirements of subsection (c) of this section;
(C) provide an affidavit that he/she has no
record of unprofessional conduct and is not holding a suspended or probationary
professional license in any state; and
(D) provide any other information or
documents related to professional licenses held by the applicant; formal
disciplinary actions by regulatory agencies; or, pending lawsuits filed or
judgments entered against the applicant for fraud, deceit, dishonesty,
misrepresentation, or conversion of property including money belonging to
another.
(6) The
Executive Director may waive the requirement to complete all or part of the
salesperson licensure exam and may consider the following when granting a
waiver under this subsection:
(A) the length
of time an Arkansas real estate salesperson license was held; and
(B) the length of time since the applicant
held an Arkansas real estate salesperson license.
(7) Broker and salesperson applicants who
have previously held an Arkansas real estate license and have been exempted
from the exam pursuant to the above must submit proof of satisfactorily
completing nine (9) classroom hours or equivalent continuing education units of
approved continuing education for each year during which his or her license was
expired, not to exceed thirty (30) classroom hours.
(8) Except as provided in this subsection,
broker and salesperson applicants who have previously held an Arkansas real
estate license must comply with all other requirements of Regulation
4.1.
(e) 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.
(3) A school or
organization approved by a real estate licensing jurisdiction deemed equivalent
by the Commission.
(f)
The course or courses of instruction requirements of Regulation 4.1(a) and (b)
may be satisfied by successful completion of such distance education courses as
the Commission may by regulation require, giving due consideration to 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.
(g) 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.
(h) Applicants that have provided all
requirements of Regulation 4.1, may sit for the real estate examination,
provided that a state and federal criminal background check, as required by ACA
§
17-42-315,
has been sent to the Identification Bureau of the Department of Arkansas State
Police for a state and federal criminal background check. However no license
shall be issued upon successful completion of the examination, until receipt
and approval by the Commission of the state and federal criminal back ground
check.
(i) 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.
(j) Application fees
are non-refundable.
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