Current through Register Vol. 49, No. 9, September, 2024
9.4.
APPLICANT
QUALIFICATIONS. Each applicant for a license shall make application to
the Board upon a form and in such a manner as the Board may require at least
thirty (30) days prior to the date of examination. Each applicant shall:
9.4.1. Be of good reputation, trustworthy,
and competent to transact the business of an auctioneer, in such a manner as to
safeguard the interest of the public. In furtherance of this requirement, each
applicant, shall provide two letters of reference to the Board which indicates
the applicant is well-known to the individual, and bears a good reputation for
honesty, truthfulness and integrity;
9.4.2. At least 18 years of age;
9.4.3. Provide a completed
application;
9.4.4. Provide a
completed Individual Record Check Form;
9.4.5. Provide a completed FBI Fingerprint
Card;
9.4.6. Enclose a check or
money order for an examination fee of $100.00;
9.4.7. Enclose a check or money order for a
license fee of $100.00 (if applying for reciprocity see Section 4
below);
9.4.8. Enclose a check for
in the appropriate amount as provided by the Board Office made payable to
Arkansas Auctioneers Licensing Board for a state background check;
9.4.9. Enclose a check for in the appropriate
amount as provided by the Board Office made payable to the Arkansas State
Police for a federal background check;
9.4.10. Enclose a check or money order for
the Recovery Fund fee of $100.00;
9.4.11. Enclose a current photograph
full-face, passport-type (2"x2") of head and shoulders taken within the past
six months.
9.4.12. Submit to a
Criminal Background Check. All individuals seeking initial licensure as an
auctioneer or an individual seeking reinstatement of licensure as an auctioneer
in the State of Arkansas shall submit to a State and Federal Criminal
Background check.
9.4.13.
Disqualifying Conviction. If an individual has been convicted of an offense
listed in A.C.A. §
17-3-102, the Board may waive disqualification of a
potential applicant or revocation of a license based on the conviction if a
request for a waiver is made by:
9.4.13.1.
9.4.13.1.1. An affected applicant for a
license; or
9.4.13.1.2. An
individual holding a license subject to revocation.
9.4.13.2. The Board may grant a waiver upon
consideration of the following, without limitation:
9.4.13.2.1. The age at which the offense was
committed;
9.4.13.2.2. The
circumstances surrounding the offense;
9.4.13.2.3. The length of time since the
offense was committed;
9.4.13.2.4.
Subsequent work history since the offense was committed;
9.4.13.2.5. Employment references since the
offense was committed;
9.4.13.2.6.
Character references since the offense was committed;
9.4.13.2.7. Relevance of the offense to the
occupational license; and
9.4.13.2.8. Other evidence demonstrating that
licensure of the applicant does not pose a threat to the health or safety of
the public.
9.4.13.3. A
request for a waiver, if made by an applicant, must be in writing and accompany
the completed application and fees.
9.4.13.4. The Board will respond with a
decision in writing and will state the reasons for the decision.
9.4.13.5. An appeal of a determination under
this section will be subject to the Administrative Procedures Act §
25-15-201
et seq.
9.4.14. License Fee Waiver. The Board shall
waive the initial licensing fee if the applicant:
(1) Is receiving assistance through the
Arkansas Medicaid Program; the Supplemental Nutrition Assistance Program; the
Special Supplemental Nutrition Program for Women, Infants, and Children; the
Temporary Assistance for Needy Families Program; or the Lifeline Assistance
Program;
(2) Was approved for
unemployment within the last twelve (12) months; or
(3) Has an income that does not exceed two
hundred percent (200%) of the federal poverty income guidelines.
9.5. Requirements for
Licensing. In addition to providing a completed application and fees required
by Section 9.4 herein, applicants must pass separate written and oral
examinations. An applicant for an auctioneer license must pass each exam with a
score of 70% or better. An applicant for an auction house license must only
take the written portion of the exam and pass it with a score of 70% or
better.
9.6.
AUCTIONEER
LICENSE REQUIRED. If the owner of an auction house or the designated
person of a corporation operating as an auction house and the auctioneer are
one and the same, only one auctioneer's license need be obtained.
9.7.
AUCTION HOUSE LICENSE. An
auction house license shall be issued in the name of one person only. An
auction house license does not authorize the named individual to "call" an
auction. Continuing education hours for out of state corporations owning an
auction house may be obtained by the general manager or designated
person.
9.8.
NONRESIDENT
APPLICANTS. Every nonresident applicant shall file an irrevocable
consent that actions may be commenced against the applicant in any court of
competent jurisdiction in the State of Arkansas in addition to all requirements
listed in this section.
9.9.
REVIEW OF APPLICATION. The application and supporting
documentation will be reviewed by the Secretary-Treasurer. If it is determined
that the application is incomplete, the Secretary-Treasurer will inform the
applicant in writing and will specify why the application is incomplete. The
application process will be suspended. When a completed application, a
supplemental application, or the requested information is returned, the
Secretary-Treasurer will reinitiate action on the application for license. If
all requirements are met, the applicant will be allowed to take the licensing
examination.
9.10.
DURATION OF
APPLICATION.
9.10.1. Applications are
active for twelve (12) calendar months from the date the application is
received in the Board office.
9.10.2. If the application process is not
completed and the license issued in the twelve months, an applicant may request
Board approval for an extension of the twelve month application window. If an
extension is not requested, or is denied, the application becomes void and the
individual must apply as any new applicant at any future date.
9.10.3. If new requirements have been placed
for applicants in the twelvemonth window the Board may require that the new
requirements be met within the extension period as part of the application
extension approval.
9.10.4. A
second extension period will not be considered by the Board.
9.11.
RECORD
RETENTION. Applications for licensure and supporting documentation will
be maintained by the Board office for a period of three (3) years.
9.12.
WRITTEN EXAMINATION FOR
LICENSURE. The Board shall establish the contents of the examinations
for licensure and shall conduct an examination of applicants for licensure at
least four (4) times each year at a time and place specified by the
Board.
9.13.
WORK
PERMIT. The Board shall grant a license to an applicant who fulfills the
Arkansas requirements for licensure and is a person who holds a Federal Form
I-766 United States Citizenship and Immigration Services-issued Employment
Authorization Document, known popularly as a "work permit."
10.
10.7.
SPECIAL PROCEDURES FOR UNIFORMED SERVICES MEMBERS, UNIFORMED SERVICE
VETERAN AND THEIR SPOUSES. As used in this subsection, "uniformed
service veteran" means a former member of the United States Uniformed Services
discharged from under circumstances other than dishonorable.
10.7.1. The Board shall grant automatic
licensure to an individual who is the holder in good standing of a license with
a similar scope of practice issued by another state, territory, or district of
the U.S. and is:
10.7.1.1. A uniformed service
member stationed in the State of Arkansas;
10.7.1.2. A uniformed service veteran who
resides in or establishes residency in the State of Arkansas; or
10.7.1.3. The spouse of:
(1) A person under 10.6.1.1. or 10.6.1.2.
above;
(2) A uniformed service
member who is assigned a tour of duty that excludes the uniformed service
member's spouse from accompanying the uniformed service member and the spouse
relocates to this state; or
(3) A
uniformed service member who is killed or succumbs to his or her injuries or
illness in the line of duty if the spouse establishes residency in the
state.
10.7.2.
The Board shall grant automatic licensure upon receipt of all the below:
10.7.2.1. Payment of the initial licensure
fee;
10.7.2.2. Evidence that the
individual holds a license with a similar scope of practice in another state;
and
10.7.2.3. Evidence that the
applicant is a qualified applicant under Section 10.7.1.
10.7.3. The expiration date of a license for
a deployed uniform service member or spouse will be extended for one hundred
and eighty (180) days following the date of the uniformed service member's
return from deployment.
10.7.4. A
full exemption from continuing education requirements will be allowed for a
deployed uniform service member or spouse until one hundred and eighty (180)
days following the date of the uniformed service member's return from
deployment.
