6.1
Renewal applications.
(a) Unless renewed as active or inactive,
every real estate broker or salesperson license shall expire on December 31 of
each calendar year.
(b) Notice to
renew licenses will be sent by mail or electronically about July 15 of each
year to the firm at which the licensee is licensed or such other address as the
Commission has on file for the licensee. Renewal applications accompanied by
the required fee must be filed with the Commission no later than September 30.
In order to be considered filed with the Commission by the deadline; the
renewal applications must bear a U.S. Postal Service postmark of September 30,
or be received in the Commission's office on or before September 30. If
September 30 falls on a Saturday, Sunday or legal holiday, the Commission shall
accept as meeting the filing deadline those renewal applications that bear a
U.S. Postal Service postmark of the first business day thereafter, and those
applications received in the Commission office on the first day the office is
open to the public following such Saturday, Sunday or legal holiday. A renewal
application filed after the deadline shall be treated as an application to
renew an expired license.
To hold an active license a broker or salesperson shall complete
annually seven (7) classroom hours of continuing education approved by the
Commission or equivalent continuing education units or equivalent distance
education of approved continuing education. One (1) classroom hour, which shall
satisfy only one (1) of the seven classroom hours, must focus on how real
estate professionals can limit risk to preserve personal safety for agents and
consumers.
6.2
Inactive status renewal.
(a) Any
licensee who does not wish to engage in the real estate business at the time of
renewal may apply to renew as inactive.
(b) Any person who holds a license on
inactive status shall notify the Commission in writing within seven (7) days of
any change of name or address.
(c)
During inactive status a licensee shall not practice as a real estate broker or
salesperson in this state without first activating the license.
(d) An inactive license may be activated upon
submitting proof of satisfactorily completing seven (7) classroom hours or
equivalent continuing education units or equivalent distance education of
approved continuing education for each year renewed as inactive not to exceed
thirty (30) classroom hours, and such other information as the Commission may
require, including payment of the required fee. One (1) classroom hour, which
shall satisfy only one (1) of the total classroom hours required for
activation, must focus on how real estate professionals can limit risk to
preserve personal safety for agents and consumers. Completion of the continuing
education requirement will only satisfy the requirement for the license year in
which activated and not for the following year.
(e) All continuing education hours required
to activate a license must have been completed in the year in which the license
is activated or the preceding calendar year.
(e)
(1) The
Commission may provide continuing education for licensees under the following
circumstances.
(A) If the Executive Director
determines that courses are not readily available by classroom delivery for a
specific topic which has been identified by the Commission as acceptable for
continuing education; or,
(B) If
the Executive Director determines that continuing education courses are not
readily available by classroom delivery to licensees in a specific geographic
area of Arkansas.
(2)
When providing continuing education pursuant to this section, the Commission is
authorized to incur and pay the reasonable and necessary expenses in connection
therewith; and to make reasonable charges for materials provided by the
Commission and for services performed in connection with providing the
materials. The continuing education courses offered by the Commission shall be
open to all licensees unless the content is deemed broker specific, in which
case the courses will be open to all brokers.
6.3
Expired licenses.
(a) If an application for the renewal of a
license, either active or inactive, and/or the required renewal fee is not
received prior to the renewal deadline, such license is deemed to have expired
at the end of the renewal period.
(b) A person whose license has expired shall
not practice as a real estate broker or salesperson in this state.
(c) Upon reapplication within one (1) year of
the last calendar year in which the license was renewed, payment of the
required fees, and submission of such additional information as the Commission
may require, the license may be reinstated and placed on either active or
inactive status for the current license year. However, no license will be
issued as active until proof of satisfactory completion of the continuing
education requirement as required by Regulation 6.2 is submitted.
(d) Upon successful reapplication the prior
year identified as expired will be considered as if inactive for purposes of
continuing education requirements.
(e) A former licensee who fails to apply for
renewal of an expired license within the prescribed time period shall be
regarded as an original applicant.
(f) For purposes of providing notice to and
communication with any licensee who permits or has permitted his license to
expire and who is the subject of a pending complaint, investigation or hearing
pursuant to A. C. A. §
17-42-312,
said licensee shall during any such pending complaint, investigation or hearing
notify the Commission in writing within seven (7) days of any change of name or
address.
SECTION 11.
CONTINUING EDUCATION.11.1
Requests for waiver or extension.
Each request for a waiver of the continuing education requirement
under A.C.A. §
17-42-307(c)
or extension of time to complete post license education requirement, shall be
in writing and shall be supported by clear and convincing evidence. The
Commission shall acknowledge each such request and shall announce its decision
in writing. If the waiver or extension is granted, the Commission may impose
such terms and conditions as it deems appropriate.
11.2
Continuing Education
Topics.(a)
(1) Annually, the Commission shall identify
subject matter topics that will be acceptable for continuing education courses
for the upcoming license year.
(2)
For the annual continuing education requirement the commission may:
(A) Identify a specific topic of not more
than three (3) classroom hours to be included in the annual continuing
education requirement; or,
(B)
Develop and require a specific curriculum for continuing education courses for
licensed brokers or their designees for the annual continuing
education.
(b)
(1) The
Commission may provide continuing education for licensees under the following
circumstances:
(A) If the Executive Director,
in consultation with the Commissioners, determines that courses are not readily
available by classroom delivery for a specific topic which has been identified
by the Commission as acceptable for continuing education; or,
(B) If the Executive Director, in
consultation with the Commissioners, determines that continuing education
courses are not readily available by classroom delivery to licensees in a
specific geographic area of Arkansas.
(2) When providing continuing education
pursuant to this section, the Commission is authorized to incur and pay the
reasonable and necessary expenses in connection therewith; and to make
reasonable charges for materials provided by the Commission and for services
performed in connection with providing the materials. The continuing education
courses offered by the Commission shall be open to all licensees unless the
content is deemed broker specific, in which case the courses will be open to
all brokers.
11.3
Approved courses and
instructors.
Only those courses and instructors which are approved by the
Commission or which are exempted from such approval by Section A.C.A. §
17-42-503
shall be accepted by the Commission for continuing education credit.
11.4
No duplication of
pre-licensing and continuing education credit.
No educational courses or hours submitted as credit toward the
pre licensing education requirement shall be used as credit for the continuing
education requirements, and no educational courses or hours submitted for
credit toward the continuing education requirements shall be used or counted to
satisfy the pre-licensure educational requirements.
11.5
Post-license education
requirements(a) Each salesperson and
broker will complete a post-license education course as provided
herein.
(b) Salespersons shall
complete an eighteen (18) classroom hour salesperson course.
(c) Brokers shall complete the thirty (30)
classroom hour broker course developed by the Commission.
(d) All post-license education courses shall
be conducted by either the Arkansas Real Estate Commission, a school or
organization licensed by the Commission, or post-secondary school accredited by
a nationally recognized accrediting agency approved by the U.S. Department of
Education wherever situated. All post-license education hours shall be
conducted by actual classroom attendance.
(e) The Arkansas Real Estate Commission will
establish the course content for the post-license education courses for new
salespersons and brokers.
(f) The
broker or salesperson shall deliver to the Commission the original certificate
of completion of the post-license education course, or a copy thereof, from an
approved provider, or other documentation satisfactory to the Commission. Said
documentation must be received by the Commission no later than the end of the
month one (1) year following the date of the broker's or salesperson's initial
license. If documentation of an individual's post-license education is not
received by the Commission within said time period, the license will be placed
on inactive status until the broker or salesperson files satisfactory
documentation of his completion of said post-license education
course.
(g) A broker who is
initially licensed in that capacity cannot become an executive broker or
principal broker until such broker has completed and filed satisfactory
documentation of his completion of the post-license broker education course.
However, the Commission my temporarily waive this requirement for a real estate
broker who has submitted proof of enrollment in an upcoming course acceptable
to the Commission.