Arkansas Administrative Code
Agency 076 - Real Estate Commission
Rule 076.00.19-009 - Expansion of Allowable Education Delivery Methods; 4.1 And 16.1 Applications; education; experience; 11.5 Post- license education requirements; 16.3 Course approval requirements
Universal Citation: AR Admin Rules 076.00.19-009
Current through Register Vol. 49, No. 9, September, 2024
Final Copy
October 24,2019
Effective Date: January 1,2020
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 by actual
classroom attendance or completion of approved distance education of which at
least forty-five (45) hours are in a course developed by the Commission, for a
total of not less than sixty (60) classroom hours. 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 necessry 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 distance education 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) 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 fullfillment 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) Ah 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 Commission.
(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 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
salesperson's or a broker's license.
(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.
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 may be offered by
classroom instruction or approved distance education.
(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 six (6) months 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.
16.1 Instructor applications; education; experience.
Applicants for original licensure as a Principal or Associate Instructor must apply on forms provided by the Commission, pay the application fee established by these regulations, and meet the following requirements:
(a) Broker pre-license
and broker post-license Instructor applicants must provide proof of the
following:
(1) Completion of not less than a
high school diploma or GED;
(2)
Successful completion of the following courses of instruction in 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:
(A) Not less
than thirty (30) classroom hours in the basic principles of real estate
completed by actual classroom attendance or completion of approved distance
education courses;
(B) Not less
than sixty (60) classroom hours in broker pre-license education to include not
less than forty-five (45) hours of broker pre-license education developed by
the Commission, completed by actual classroom attendance or approved distance
education;
(C) Not less than
eighteen (18) classroom hours in salesperson post-license education and thirty
(30) hours in broker post-license education developed by the Commission,
completed by actual classroom attendance or approved distance
education;
(3) Have in
Real Estate five (5) years of work experience within the immediately preceding
six (6) years; and
(4) Hold and
maintain a current active Arkansas Real Estate Broker License.
(b) Salesperson pre-license
Instructor applicants must provide proof of the following:
(1) Completion of not less than a high school
diploma or GED;
(2) Successful
completion of a course or courses of instruction consisting of not less than
thirty (30) classroom hours in the basic principles of real estate completed by
actual classroom attendance or completion of approved distance education
courses, 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)
Have in Real Estate five (5) years of work experience within the immediately
preceding six (6) years; and
(4)
Hold and maintain a current active Arkansas Real Estate Broker
License.
(c) Salesperson
post-license Instructor applicants must provide proof of the following:
(1) Completion of not less than a high school
diploma or GED;
(2) Successful
completion of the following courses of instruction in 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:
(A) Not less than thirty (30)
classroom hours in the basic principles of real estate completed by actual
classroom attendance or completion of approved distance education
courses;
(B) Not less than eighteen
(18) classroom hours in salesperson post-license education developed by the
Commission, completed by actual classroom attendance or approved distance
education;
(3) Have in
Real Estate five (5) years of work experience within the immediately preceding
six (6) years; and
(4) Hold and
maintain a current active Arkansas Real Estate Broker License.
(d) Continuing education
Instructor applicants must provide proof of the following:
(1) Completion of not less than a high school
diploma or GED;
(2) Successful
completion of a course or courses of instruction consisting of not less than
thirty (30) classroom hours in the basic principles of real estate completed by
actual classroom attendance or completion of approved distance education
courses, 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)
Have in Real Estate five (5) years of work experience within the immediately
preceding six (6) years; and
(4)
Hold and maintain a current active Arkansas Real Estate Broker
License.
(e) Real estate
Guest Speakers must:
(1) Have in the subject
matter being presented five (5) years of work experience within the immediately
preceding six (6) years;
(2)
Register with the Commission on forms prescribed by the Commission;
and
(3) Refrain from engaging in
product and/or service promotion during class time.
(f) All Instructors shall demonstrate in a
manner satisfactory to the Commission a thorough, accurate and current
knowledge of the subject matter being taught.
(g) The Commission may require Instructor and
Administrator attendance at an annual Educator Retreat Workshop and other
semi-annual Instructor training workshops.
16.3 Course approval requirements.
Applications for real estate education course approvals must be submitted on forms provided by the Commission and accompanied by the application fee established by these regulations and shall meet the following requirements:
(a) Salesperson
Pre-License Courses:
(1) Must include not less
than thirty (30) classroom hours in the basic principles of real estate;
and
(2) May be offered by classroom
instruction or approved distance education.
(b) Broker Pre-License Courses:
(1) Must adhere to the Commission's approved
broker pre-license education content outline, learning objectives and
measurement tools;
(2) May not be
marketed as examination preparation or "exam prep'" courses; and
(3) May be offered by classroom instruction
or approved distance education.
(c) Salesperson and Broker Post-License
Courses:
(1) Must adhere to the Commission's
approved salesperson and broker post-license education content outlines,
learning objectives and measurement tools; and
(2) May be offered by classroom instruction
or approved distance education.
(d) Continuing Education Courses:
(1) Must be based upon subject matter topics
identified by the Commission, as established by §
17-42-502;
(2) Must include a course outline and
learning objectives; and
(3) May be
offered by classroom instruction or approved distance education.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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