Current through Register Vol. 49, No. 9, September, 2024
100
General - The Arkansas Home
Inspector Registration Board is an agency of the state government.
101
Creation and Purpose of the
Board:
A. The Arkansas Home Inspector
Registration Board (the Board) was created by the action of the 84th General
Assembly of the State of Arkansas during its regular session of 2003 with the
passage of Act 1328, "An Act To Repeal The Home Inspector Registration
Provisions; To Create A New Home Inspectors Registration Act; And For Other
Purposes." (§
17-52-301
A.C.A., as amended,) also known as "The Arkansas Home Inspectors Registration
Act."
B. The purposes of the Board
is to administer and enforce the provisions of the Arkansas Home Inspectors
Registration Act; promote a business atmosphere that will protect consumers of
home inspection services, oversee an ongoing continuing education program to
develop high level skills in home inspectors, and encourage the presence of a
viable home inspection industry in Arkansas. Specific powers and duties of the
Board are delineated in §
17-52-306
of the Act.
102
Contacting the Board and Public Information Requests:
A. The Board may be contacted during business
hours (8:00 a.m. to 4:30 p.m. Monday through Friday except on Arkansas State
holidays,) by:
1. Telephone at: (501)
683-3710 or facsimile at (501) 244-2333.
2. Mail (U.S. Postal Service) to: P.O. Box
251911, Little Rock, AR 72225-1911
3. Courier deliveries or in person at: 813
West 3rd Street, Little Rock, AR
72201-2103.
4. Electronic mail
(email) at: info@ahib.org
B. Requests for public information should be
directed to the Board and may be delivered by any of the means in A.1 through
A.4 above. In addition, a great deal of information related to registration,
blank forms, and the home inspection profession in Arkansas is available on the
Registration Board's Internet site: ahib.org
C. All requests for copies of documents under
the Freedom of Information Act should be directed to the Board as in 102.A
above. Such requests must describe the specific documents desired in sufficient
detail for the Board staff to readily identify them. The Board may charge a
reasonable fee to recover the cost of reproducing the documents.
103
Definitions: The
following words and terms, when used in these regulations, unless a different
meaning is provided or is plainly required by the context, shall have the
following meanings:
A. "A.C.A."
or "Arkansas Code Annotated" - The codified laws of
Arkansas.
B. "Act 1328"
or "the Act" - The Arkansas Home Inspectors Registration
Act of 2003 as codified in A.C.A. §
17-52-301 et
seq., as may be amended.
C.
"Board" - The Arkansas Home Inspector Registration Board, created
by Act 1328 of 2003.
D.
"Certified true copy" - A xerographic copy of an original document
which bears this statement "I certify that this is a true copy of the original
document." and is signed and sealed by a notary public.
E.
"Competency examination" - A
written examination to establish whether an applicant possess an adequate level
of knowledge of home inspection procedures and components.
F.
"Complete Applications" - An
application for initial registration or renewal of registration which includes
all required documents and forms, properly completed, accompanied by the
required fees.
G.
"Continuing
Education Credit (CEC)" - Credit awarded for completion of one hour of
an approved educational course or event. Also, see the definition of "hour"
below.
H. "
Core subjects" -
Subject areas that are key to the conduct of a comprehensive home
inspection. They include:
1) Structural
systems.
2) Exterior components of
the weather shell of a residential structure less the roof.
3) Roof systems.
4) Plumbing Systems.
5) Electrical systems.
6) Heating and air conditioning
systems.
7) Interior
components.
8) Insulation and
Ventilation systems.
9) Fireplaces
and solid fuel burning appliances.
10) Installed appliances.
I.
"Curriculum" - A complete set
of educational classes designed to fulfill the Pre-Registration Home Inspector
Education requirements for initial registration in their entirety. Each
individual class session or sessions that are conducted as part of a
curriculum, and that address one particular topic, and for which credit hours
may be separately obtained, shall be referred to as a module.
J.
"Executive sessions" - Those
meetings of the Arkansas Home Inspector Registration Board permitted under the
Freedom of Information Act for the purpose of considering employment,
appointment, promotion, disciplining, or resignation of any public officer or
employee.
K. "Hour" -
A clock hour with at least fifty (50) continuous minutes of instruction as in a
course or event. Instruction does not include breaks or time devoted to
announcements or other administrative tasks.
L.
"Inspector" - Anyone who
conducts a home inspection for compensation or holds himself out to be a home
inspector.
M. "Module"
- Each individual class session or sessions that are conducted as part
of a curriculum, and that address one particular topic, and for which credit
hours may be separately obtained.
N. "Open public meetings" - All
meetings, formal or informal, special or regular of the Arkansas Home Inspector
Registration Board except those classified as "Executive Sessions" under §
17-52-308
A.C.A. and the Freedom of Information Act.
O.
"Publication" - Making
agendas, meeting minutes, Rules and Regulations, and all public Board documents
available to the public on the Internet, in an electronic format, or on
paper.
P.
"Physical meeting"
or "Physical Board Meeting" - Meeting of the Board members in person
versus a meeting conducted using electronic means such as telephone conference
calls, internet, etc.
Q.
"Receipt date" or "Date of receipt" - If delivered in person or by
a delivery service, the date of physical receipt, during regular office hours,
at the address which the Board directs be used. If delivered by U.S. Mail, the
next business day after the postmark date is considered to be date of
receipt.
R.
"Standards of
Practice and Code of Ethics" - A document delineating the minimum level
of diligence to which a home inspector may perform in the conduct and reporting
of a home inspection. The document also defines the minimum level of ethical
behavior acceptable in conducting their home inspection practice. The Standards
of Practice and Code of Ethics of the American Society of Home Inspectors, Inc.
of Des Planes, Illinois which were effective January 1, 2000 are the standards
and code to be followed by persons conducting home inspections in Arkansas.
However, when deemed necessary by the inspector, he may release appropriate
information, or otherwise appropriately act, to prevent imminent danger to the
public or the property occupant.
S.
"Training year" - For the purposes of these regulations, a
"training year" is a twelve month period beginning on November 1 and continuing
through October 31 of the following calendar year.
200
Organization And Staffing Of The
Arkansas Home Inspector Registration Board
201
Appointment of Board Members,
Terms Of Service, And Election Of Officers:
A. The board shall consist of seven (7)
members to be appointed by the Governor as follows:
1. Four (4) members shall be registered home
inspectors;
2. One (1) member shall
be a licensed real estate professional;
3. One (1) member shall be a licensed real
estate appraiser; and
4. One (1)
member shall be an at large member who shall serve as a consumer
advocate.
B. Successor
appointed members shall serve two-year terms.
C. Any vacancy that occurs on the board shall
be filled by the Governor for the remainder of the un-expired term. If the
unexpired term is longer than one year, it shall be considered a full term for
the purposes of these regulations.
D. Board members shall not serve more than
three (3) consecutive terms of office.
E. Board Officers: In May of each year, the
Board shall elect from its membership, the following officers: Chairperson,
Vice Chairperson, Secretary/treasurer. The officers shall serve twelve (12)
month terms. A person may serve a maximum of two consecutive terms as board
officer. After not being an officer for at least twelve (12) months, a member
may be elected as an officer again and at that time may commence a maximum of
two consecutive, twelve month terms.
202
Administrative Support To The
Board:
A. The Board may develop a staff
(of public employees or contract for a support organization) to perform the
administrative support of the Board.
B. Qualifications and salary levels for any
permanent staff positions as may be created by the Board shall be determined by
the Board and vacant staff positions will be filled following proper notice and
advertising of the available positions with the State Employment Security
Division and in accordance with all other State statutes regarding the hiring
of public employees.
C. The staff
shall:
1. Be the custodian of permanent,
official, home inspector registration files and shall maintain permanent
records of all home inspector registration applications received since
enactment of the original Arkansas Home Inspector Registration Act in
1997.
2. Maintain the permanent
records of the board.
3. Receive
and process all correspondence to the Board to include, but not limited to
applications for initial registration and renewal of registration.
4. Respond to requests for general
information, applications for registration or renewal of registration,
complaint forms, or copies of documents. Matters which the Board's staff are
not prepared to respond to may be referred to the appropriate Board member(s)
designated by the Board chairperson.
5. Perform other administrative duties as may
be assigned by the Board.
300
Operation Of The
Board
301
Meetings:
Except for certain matters appropriately dealt with in executive
sessions, the business of the Board shall be conducted in public meetings. All
meetings shall be conducted in accordance with the Arkansas Freedom of
Information Act and the Arkansas Administrative Procedures Act and Act 1328.
A. General:
1. The board shall physically meet not less
than two (2) times each calendar year to consider and act upon applications for
initial registration and renewal of registration, complaints regarding
registrants, and to transact other business as may properly come before
it.
2. The board may conduct any
additional meetings in person, by telephone conference call, or by other
electronic means.
3. Dates, times,
and places of meetings shall normally be decided by a majority vote of the
members. However, the chairperson may call board meetings as he may feel are
necessary.
4. Notice shall be given
to each member of the board of the time and place of each meeting. The same
information will be posted on the Internet after a suitable site becomes
available.
5. The minutes of all
meetings shall be prepared and made a permanent part of the records of the
board, no later than seven (7) calendar days after the respective
meeting.
6. A majority of the board
shall constitute a quorum for transacting any business of the board.
B. Robert's Rules of Order shall
be followed in the conduct of board meetings. Such rules may be modified as
appropriate to accommodate expeditious conduct of electronic
meetings.
302
Duties Of Board Members: All Board members shall diligently attend and
participate in Board Meetings and other business of the Board.
A. The Chairperson shall preside over all
meetings at which he/she is present and act as the spokes person for the Board.
He/she may assign duties to board members in addition to those specified
herein. Likewise, the Chairperson may from time to time form temporary
committees whose members are drawn from the citizens of Arkansas. The formation
of any such groups shall accomplished in writing and be for a specified period
of time and purpose.
B. The Vice
Chairperson shall preside over meetings in the absence of the Chairman or in
any circumstance where the Chairman recuses himself in a matter being
considered by the Board.
C. The
Secretary/Treasurer shall be responsible for:
1. Preparation, publication, and maintenance
of the minutes of Board meetings. As noted in paragraph 301.A.5 above, minutes
shall be prepared and made a permanent part of the Board records within 7 days
following the respective meeting
2.
Preparation of correspondence and conduct of administrative support as the
Chairperson may direct or as may be prescribed in these rules and
regulations.
3. Instituting and
maintaining a system of books and financial records satisfactory to the
Director of the Department of Finance and Administration.
4. Maintaining the permanent records of the
Board.
5. Notify the Governor's
office whenever a member misses 3 board meetings.
303
Publication of Board
documents: All public documents, to include forms prescribed in these
regulations, will be available on Board provided electronic media, (Internet,
disks, etc.,) and on paper. Rules and Regulations will be available on the
Secretary of State's Internet site in addition to any publication by the Board.
The Board may charge a reasonable fee for providing documents on any media
other than the Internet.
304
Applications And Forms: All applications for registration, school
approval, and pre-registration courses and similar actions shall be made on
forms prescribed by the Board.
305
Board Compensation and Expense Reimbursement: Each member of the
Arkansas Home Inspector Registration Board may receive expense reimbursement
and a per diem allowance as compensation for each meeting of the Board at which
the member is present and for each day or substantial part thereof actually
spent in the conduct of the business of the Board, plus all appropriate
expenses as approved by the Board. Appropriate expenses are those which a
member of the Board necessarily incurs in the discharge of his/her official
duties. Requests for compensation or reimbursement of appropriate expenses
shall not be processed for payment unless sufficient funds are available for
that purpose within the appropriations for this Board.
400
Rule Making: From time to
time, the Board will promulgate Rules and Regulations under the authority
granted by the Legislature, in A.C.A §
17-52-306
to implement the provisions of the Act. Such rules and regulations shall be
consistent with the Act and be in the collective, best overall interest of
consumers of home inspection services in Arkansas, home inspectors who provide
those services, and all citizens of the State of Arkansas. The Board follows
the procedural requirements of the Arkansas Administrative Procedure Act, in
particular A.C.A. §
25-15-203
and §
25-15-204.
Additionally, the Board is required to abide by the provisions of A.C.A. §
10-3-309.
401
Initiation of Rule-Making:
The process of adopting a new rule or amending or repealing an existing
rule (hereinafter referred to "rule-making") may be initiated by the Board by
asking the staff or a committee to submit proposed drafts. Additionally, the
Board staff may request permission of the Board to initiate rule-making. Third
persons outside the Board may petition for the issuance, amendment, or repeal
of any rule.
402
Petition to
Initiate Rule-Making: Third parties may initiate rule-making to adopt,
amend, or repeal a rule by filing a petition with the Board to initiate
rule-making. The petition must contain the name, address, and telephone number
of the petitioner, the specific rule or action requested, the reasons for the
rule or action requested, and facts showing that the petitioner is regulated by
the Board or has a substantial interest in the rule or action requested.
A. The petition to initiate rule-making shall
be filed with the Board secretary.
B. Within thirty (30) days after submission
of the petition, the Board will either deny the petition, stating its reasons
in writing, or will initiate rule-making. A special meeting will be called if
necessary to meet this time frame.
403
Public Input: Before
finalizing language of a proposed new rule or an amendment to, or repeal of, an
existing rule, the Board will receive public input through written comments
and/or oral submissions. The Board will designate in its public notice the
format and timing of public comment.
A. Any
public hearing will provide affected persons and other members of the public a
reasonable opportunity for presentation of evidence, arguments, and oral
statements within reasonable conditions and limitations imposed by the Board to
avoid duplication, irrelevant comments, unnecessary delay, or disruption of the
proceedings.
B. The Board chair,
any member of the Board, or any person designated by the Board may preside at
the public hearing. The Board must ensure that the Board personnel responsible
for preparing the proposed rule or amendment are available, and will notify
third parties initiating rule changes to be available to explain the proposal
and to respond to questions or comments regarding the proposed rule.
C. The Board must preserve the comments made
at the public hearing by a certified court reporter or by recording
instruments.
D. Any person may
submit written statements within the specified period of time. All timely,
written statements will be considered by the Board and be made a part of the
rule-making record.
404
Notice of Rule-Making: The Board will give notice of proposed
rule-making to be published pursuant to A.C.A. §
25-15-204.
The notice will set any written comment period and will specify the time, date,
and place of any public hearing.
405
The Decision To Adopt A
Rule:
A. The Board will not finalize
language of the rule or decide whether to adopt a rule until the period for
public comment has expired.
B.
Before acting on a proposed rule, the Board will consider all of the written
submissions and/or oral submissions received in the rule-making proceeding or
any memorandum summarizing such oral submissions, and any regulatory analysis
or fiscal impact statement issued in the rule-making proceedings.
C. The Board may use its own experience,
specialized knowledge, and judgment in the adoption of a rule.
406
Variance Between
Adopted Rule and Published Notice of Proposed Rule:
A. The Board may not adopt a rule that
differs from the rule proposed in the published notice of the intended
rule-making on which the rule is based unless:
1. The final rule is in character with the
original scheme and was a logical outgrowth of the notice and comments stemming
from the proposed rule, or
2. The
notice fairly apprised interested persons of the subject and the issues that
would be considered so that those persons had an opportunity to
comment.
B. In
determining whether the final rule is in character with the original scheme and
was a logical outgrowth of the notice and comments, and that the notice of
intended rule-making provided fair warning that the outcome of that rule-making
proceeding could be the rule in question, the Board must consider the following
factors:
1. The extent to which persons who
will be affected by the rule should have understood that the rule-making
proceeding on which it is based could affect their interests; and
2. The extent to which the subject matter of
the rule or issues determined by the rule are different from the subject matter
or issues contained in the notice of intended rule-making; and
3. The extent to which the effects of the
rule differ from the effects of the proposed rule contained in the notice of
intended rule-making.
407
Concise Statement of
Reasons:
A. When requested by an
interested person, either prior to the adoption of a rule or within thirty (30)
days after its adoption, the Board shall issue a concise statement of the
principal reasons for and against its adoption of the rule. Requests for such a
statement must be in writing and be delivered to the Board secretary. The
request should indicate whether the statement is sought for all or only a
specified part of a rule. A request will be considered to have been submitted
on the date on which it is received by the Board secretary.
B. The concise statement of reasons must
contain:
1. The Board's reasons for adopting
the rule;
2. An indication of any
change between the text of the proposed rule and the text of the rule as
finally adopted, with explanations for any such change; and
3. The principal reasons urged in the
rule-making procedure for and against the rule, and the Board's reasons for
overruling the arguments made against the rule.
408
Contents Of Rules: The
Board shall cause its rules to be published and made available to interested
persons. The publication must include:
A. The
text of the rule;
B. A record of
changes containing the following:
1. Change
number
2. The date(s) the Board
adopted or amended the rule;
3. The
effective date(s) of the rule;
4.
Any findings required by any provisions of law as a prerequisite to adoption
for effectiveness of the rule; and
5. Citation to the entire specific statutory
or other authority authorizing the adoption of the rule;
409
Format: By July
1, 2005, the Board shall revise its rules to number them in accordance with the
standards established by the Secretary of State in compliance with A.C.A.
25-25-328(d).
410
Incorporation By Reference: By reference in a rule, the Board may
incorporate all or any part of a code, standard, rule, or other matter if the
Board finds that copying the matter in the Board's rule would be unduly
cumbersome, expensive, or otherwise inexpedient. The reference in the Board
rule must fully and precisely identify the incorporated matter by title,
citation, date, and edition, if any; briefly indicate the precise subject and
general contents of the incorporated matter; and state that the rule does not
include any later amendments or editions of the incorporated matter. The Board
may incorporate such a matter by reference in a proposed or adopted rule only
if the Board makes copies of the incorporated matter readily available to the
public. The rules must state how and where copies of the incorporated matter
may be obtained at cost from the Board, and how and where copies may be
obtained from an agency of the United States, this state, another state, or the
organization, association, or persons originally issuing that matter. The Board
must retain permanently a copy of any materials incorporated by reference in a
rule of the Board.
411
Filing: After the Board formally adopts a new rule or amends a current
rule or repeals an existing rule, and after the rule change has been reviewed
by the Legislative Counsel, the staff will file final copies of the rule with
the Secretary of State, the Arkansas State Library, and the Bureau of
Legislative Research, or as otherwise provided by A.C.A. §
25-15-204(d),
§
25-15-218
and §
10-3-309.
A. Proof of filing a copy of the rule,
amendment, or repeal with the Secretary of State, the Arkansas State Library,
and the Bureau of Legislative Research will be kept in a file maintained by the
board secretary.
B. Notice of the
rule change will be posted on the Board Internet site (if available.)
412
Emergency Rule-Making:
The proponent of a rule may request the Board to adopt an emergency
rule. In addition to the text of the proposed rule or amendment to an existing
rule and any other information required by paragraphs 401 and 402 of these
rules, the proponent will provide a written statement setting out the facts or
circumstances that would support a finding of imminent peril to the public
health, safety, or welfare.
A. Finding of An
Emergency: Upon receipt of the written statement requesting an emergency
rule-making and documents or other evidence submitted in support of the
assertion that an emergency exists, the Board will make an independent judgment
as to whether the circumstances and facts constitute an imminent peril to the
public health, safety, or welfare requiring adoption of the rule upon fewer
than 30 days notice. If the Board determines that the circumstances warrant
emergency rule-making, it will make a written determination that sets out the
reasons for the Board's finding that an emergency exists. Upon making this
finding, the Board may proceed to adopt the rule without any prior notice or
hearing, or it may determine to provide an abbreviated notice and
hearing.
B. Effective Date of
Emergency Rule: The emergency rule will be effective immediately upon filing,
or at a stated time less than ten (10) days thereafter, if the Board finds that
this effective date is necessary because of imminent peril to the public
health, safety, or welfare. The Board will file with the rule its written
findings justifying the determination that emergency rule-making is appropriate
and, if applicable, the basis for the effective date of the emergency rule
being less than ten days after the filing of the rule pursuant to A.C.A. §
25-15-204(e).
The Board will take appropriate measures to make emergency rules known to
persons who may be affected by them.
500
Who Must Register and General
Qualifications
501
Who Must Register: All persons who advertise as a home inspector,
undertakes or attempts to undertake the conduct of a home inspection for a fee,
in the State of Arkansas, shall first register with the Board and comply with
the Act and the provisions of these Rules and Regulations.
502
General Qualifications for
Registration: The Board shall approve and issue registrations to
qualified applicants or disapprove applications for registration for applicants
who do not meet the minimum requirements for registering as prescribed in the
Act. The best interest of the public shall be given due regard when considering
each applicant for registration. Every applicant to the Arkansas Home Inspector
Board as a State Registered Home Inspector shall have the following
qualifications:
A. The applicant shall have a
good reputation for honesty, truthfulness, and fair dealing, and be competent
to transact the business of a registered Home Inspector in such a manner as to
safeguard the interests of the public.
B. The applicant shall meet the current
educational and experience requirements for registration prior to the time he
or she applies for registration.
C.
A non-resident applicant shall be in good standing as a Home Inspector in every
jurisdiction where licensed or registered. The applicant shall not currently
have a registration or license which is suspended, revoked, or surrendered in
connection with a disciplinary action or which is the subject of discipline in
any jurisdiction prior to applying for registration in Arkansas.
D. An application for registration or renewal
may be denied if the applicant has been convicted, found guilty or pled guilty,
regardless of adjudication, in any jurisdiction of a misdemeanor involving
moral turpitude, of any felony, or is currently adjudicated as being insane.
Any plea of nolo contendere shall be considered a conviction for the purposes
of this paragraph. The record of a conviction authenticated in such form as to
be admissible in evidence under the laws of the jurisdiction where convicted
shall be admissible as prima facie evidence of such conviction.
E. The applicant shall be at least 18 years
old at the time he submits his application.
F. Applicants who do not meet all of the
foregoing requirements and qualifications may nevertheless be approved for
registration by resolution of the Board. However, detailed records and an
explanation of that action must be made part of that person's registration
records.
G. All applications for
registration, licensing, certification, renewal, examination, or reinstatement
shall be made on forms provided by the Board and completed and signed by the
applicant. All applications shall include the appropriate fees. The Board will
not approve an application which is incomplete or is submitted without the
correct fees.
H. The Board may
require each applicant for registration to furnish, at his/her expense, a
recent passport-type photograph of him/herself, as well as any other
information or form of identification deemed necessary by the Board to
determine the applicant's qualifications for registration.
J. The Board reserves the right, at its
discretion, to hold for a reasonable length of time for investigation, the
application of any applicant before issuing a registration certificate.
600
Arkansas Home
Inspectors Registration Fund (as established by Act 1328 of
2003):
601
Collection, Safeguarding, And Disbursement of Monies: All funds, fees,
charges, costs and collections accruing to or collected under the provisions of
the Act shall be deposited into the State Treasury to the credit of this fund.
A. The funds shall be used for the purposes
as specified in the Act.
B. All
funds, fees, charges, costs, and collections accruing to or collected by the
Secretary of State, shall be deposited quarterly into the Arkansas Home
Inspector Registration Fund.
C. The
board will authorize and process disbursements of those funds as necessary in
the administration of this chapter. It shall be the policy of the Board to act
in a conservative, prudent manner with respect to all expenses and
reimbursements incurred by the Board.
602
Maximum Fees: The maximum
fees allowed under the Act are:
|
A. Registration and registration renewal fee: |
$300.00 per year. |
|
B. Delinquent renewal fee up to but not to exceed the renewal
fee. |
|
C. Replace lost or damaged registration certificate
card: |
$25.00 |
|
D. Change of Address fee: |
$25.00 |
|
E. Fee for checks returned for insufficient
funds: |
$25.00 |
|
G. Pre-registration home inspector training or continuing
education provider fees: (Each includes a one course, curriculum. or event
agenda unless otherwise specified.) |
|
Initial qualifying fee: |
$200.00/year |
|
Annual renewal fee |
$200.00/year |
|
Additional course filing fee:
(Per course, curriculum, or single event
agenda.) |
$25.00 |
603
Current Fees: Until further notice, fees are hereby set as follows:
A. Initial registration fee: $250.00 per
calendar year, prorated based upon date of receipt of the application and
payment, as follows:
|
If date of receipt is in January through June: |
$250.00 |
|
If date of receipt is in July through December: (Includes
registration through December 31 of the following calendar
year.) |
$375.00 |
B.
Registration renewal fee: $250.00 per calendar year. (non-prorated and
non-refundable.) Deadline for receipt of the renewal application and fee is
December 1 of the year in which a current registration expires.
C. Delinquent renewal fee: Is a fee which
must be paid in addition to the renewal fee for all renewal applications
received after the renewal deadline of December 1 of each year. It is also
imposed when document(s) to make an application complete are not received until
after the renewal deadline. That fee is $250.00 and is
non-refundable.
D. Replace lost or
damaged registration certificate card: $15.00
E. Fee to update changed address or Internet
listing content (other than at initial registration or annual renewal):
$15.00
F. Fee for checks returned
for insufficient funds: Bank Charge plus $10.00 (Not to exceed
$25.00)
G. Pre-registration home
inspector training or continuing education provider fees: (Each includes a one
course, curriculum. or event agenda unless otherwise specified.)
|
Initial qualifying fee: |
$45.00/year |
|
Annual renewal fee (Nov 1 - Oct 31) |
$15.00/year |
|
Additional course filing fee:
(Per course, curriculum, or single event
agenda.) |
$25.00 |
700
Initial Registration And Renewal Of Registrations: All persons
applying for registration or renewal of registration, as a home inspector,
shall be of good moral character.
701
Requirements For All Applicants:
All applicants shall submit to the board:
A. A properly completed application, on a
form prescribed by the Board. No person who is registered under one (1) name as
provided in these regulations shall engage in business as a home inspector
under any other name unless the other name(s) is also included on the most
recent application and is also registered.
B. The original copy of a current certificate
of insurance, issued by an insurance company licensed, or surplus lines
approved, to do business in the state of Arkansas, showing that the applicant
has procured general liability insurance in the amount of at least one hundred
thousand dollars ($100,000.00) (If a current certificate is already on file
with the Board, note that fact on the application and submit a new certificate
not later than the renewal date of the policy.) The certificate must include
the following information:
1. Name and address
of the insured.
2. Name, business
address, and telephone number of the person and agency issuing the
certificate.
3. Name of the firm
providing the insurance.
4.
Coverage being provided (a minimum of $100,000 general liability.)
5. The insurance policy number.
6. The "Arkansas Home Inspector Registration
Board, P.O. Box 251911, Little Rock, AR 72225-1911" named as the certificate
holder.
7. The effective dates of
the coverage.
8. Signature of the
issuing agent.
9. Cancellation and
notification requirements as specified in §
17-52-318(a)
& (b) of the Arkansas Code Annotated.
C. The required registration or registration
renewal fee (see paragraph 602 above,) shall accompany the application.
Applications received without the appropriate fee may be returned without
action.
702
Additional Requirement For First Time Applicant: A person applying for
registration for the first time shall have their signature on their application
witnessed by a notary public, and attested to thereon. They shall also be
required to fulfill the following:
A.
Competency Examination: The first-time applicant shall submit with
the application, copies of documents attesting to the successful passage of the
competency examination. For the purposes of this State, the examination
consists of two parts; the current version of the
National Home
Inspector Examination (NHIE) as provided by the Examination Board of
Professional Home Inspectors, Inc., (
http://homeinspectionexam.org) and
the current version of the
Standards and Ethics Examination as
provided by the American Society of Home
Inspectors®, (
http://ashi.com.).
B.
Pre-Registration Education:
The first-time applicant shall submit with the application, copies of
documents attesting to the successful passage of a Board approved
pre-registration home inspector education curriculum as defined in Section
900 et. seq., consisting of no
less than eighty (80) hours of classroom/on-site instruction taken within the
12 months preceding the date of receipt of their completed application for
registration.
C.
Exemptions:
The following persons shall be exempt from any educational requirements
for initial registration, but not from the requirements concerning the
competency examination, and not from requirements for continuing education:
1. City inspectors certified by the
International Code Council; and
2.
Contractors who hold a builder's license and have ten (10) years experience as
a contractor.
703
Additional Requirements For
Renewal of Registration: Effective in 2004, and thereafter:
A. All persons who have been registered more
than 12 months and are renewing a current registration, in addition to the
requirements of paragraph 701, shall submit a AHIRB Form CE-1 that establishes
that he/she has satisfactorily completed the continuing education requirements
in the proceeding training year. The form shall be completed in its entirety
and attached to the registration renewal application. Failure to do so will be
adequate basis for denial of registration renewal without further action by the
Board. See paragraph 801 below, for the continuing education
requirements.
B. Penalties For
Unsubstantiated Data On Continuing Education Claim Form: Submission of a
Continuing Education Claim Form whose content cannot be substantiated may be
the basis for denial of registration renewal or revocation of a previously
renewed registration and punitive actions as may be levied by the Board based
on the facts of the particular circumstances involved.
C. As stated in §
17-52-307
A.C.A, as part of an investigation or as a condition of renewal, the Board may
require an inspector to submit inspection reports and other documents to be
reviewed by the board. Further, requests by the board for copies of inspection
reports shall supersede any contract of client privacy or confidentiality,
whether written or oral.
704
Certificates of Registration:
Certificates of registration shall be issued to an applicant after
compliance with the registration or renewal requirements of this section. No
registration or renewal of registration will be issued if any the requirements
in this section are not fully complied with.
A. Certificates shall be consecutively
numbered. The number shall be preceded with a "HI-" prefix and the numbers
assigned shall be an extension of the series started when registration of home
inspectors began in Arkansas in 1997. Numbers are unique to individual
inspectors and no number shall be assigned to another person.
B. When a registration is renewed, or
reinstated, that person's registration number shall be perpetuated.
C. Certificates of registration of a home
inspector shall be issued for a period of at least one (1) year and shall
expire at the end of a period of up to three (3) years, as may be set by the
board.
D. Registration certificates
shall be maintained in sound, fully legible condition and shall be replaced as
needed to do so. The inspector shall have his registration certificate with him
at the inspection site and shall present it to anyone who may so
request.
705
Changes In Registration Data: Persons who are registered or who have an
application of any kind pending before the Board are responsible for notifying
the Board of any changes in information provided on their application. Changes
shall be submitted on AHIRB Form AP-1 not later than two weeks after the change
becomes effective.
706
Renewal Of Lapsed Registrations:
A.
Applicants whose registration has lapsed (because it was not renewed or the
required insurance was allowed to expire,) and are not in an official inactive
status shall accomplish the following as a prerequisite to reactivation of
their registration:
1. File a properly
completed application for renewal of registration.
2. Pay the renewal fee.
3. Pay the delinquent registration
fee.
4. Provide proof, acceptable
to the Board, of having completed continuing education, provided by an approved
source, during the period when his registration was expired:
a. 14 hours if his registration as been
expired for 12 months or less.
b.
14 hours plus 7 hours for each year (or portion thereof) longer than one year
of expired registration.
5. Comply with all other requirements of a
normal registration renewal.
6.
Provide copies of the reports for the last three inspections completed prior to
the expiration of their previous registration. Such reports will be reviewed by
the Board for compliance with the Standards of Practice.
B Upon receipt of the applicants' properly prepared renewal application
and the supporting documents specified in 706.A above, a member(s) of the Board
shall review the inspection reports submitted. If the reports are in
substantial compliance with the Standards of Practice, the registration renewal
shall be approved and a registration certificate issued to the applicant. If
the reports do not comply with the Standards of Practice, the applicant will be
advised of the deficiencies. The Board may at that time require or provide
remedial training and/or may issue a conditional registration which is
contingent upon submission of reports of new inspections. Once the inspector
has demonstrated he properly conducts and reports inspections, his registration
shall be made unqualified.
C. Should an inspector fail those actions in
706.A and 706.B, he may be denied renewal of his registration. In such
instances, fees paid, less a $100 processing fee, shall be refunded to the
applicant.
707
Renewal of Suspended, Revoked, Or Surrendered Registrations: See
Sections 1203 and
1204.
708
Inactive Registration
Status:
A. A home inspector whose
registration is in good standing may place his registration in an inactive
status at any time. The request for inactive status shall be submitted on a
form prescribed by the Board. The maintenance of that status is dependent on
the inactive inspector continuing to renew that status annually at the same
time and under the same constraints that are imposed on other registered home
inspectors. The inactive status requires renewal of the status with the board
and payment of $25.00 (twenty five dollars) annually and no other requirements.
The Board will mail renewal notifications to the last address provided by the
inactive inspector at the same time it notifies Registered Inspectors of their
renewal requirement.
B. The
inactive inspector may be returned to an active status provided he files for
registration renewal with the Board. That application shall be plainly
identified by the inactive inspector as a reactivation registration. He shall
follow all of the provisions of 706.A above except that he shall not be
required to pay a delinquent renewal fee.
C. The Board shall have the authority by a
majority vote to waive or modify these renewal requirements based on a written
appeal to the Board by the inactive inspector. A written description of the
actions taken by the Board on any such waiver or modification shall be signed
by the Board chairman and made a permanent part of the inspector's registration
file.
D. Inactive inspectors must
reactivate their registration before they are eligible to again conduct home
inspections in Arkansas.
709
Notification Of Impending
Expiration of Registration: The Board shall mail a notice of upcoming
registration expiration and a renewal application, to each currently registered
inspector no more than sixty (60) days and no less than forty-five (45) days
before the expiration date of his or her registration. All applications for
renewal must be received by the Board not later than December 1 of the year in
which the registration expires.
710
Reciprocal Agreements With Other Political Entities: The Board
may consummate written, reciprocal agreements with home inspector regulatory
agencies in other political entities. Such agreements may allow acceptance or
issuance of registrations or licenses to home inspectors to allow them to work
in both jurisdictions. Such agreements shall not waive any Arkansas
requirements. Should requirements for Arkansas home inspectors be subsequently
adopted which conflict with the reciprocal agreements, those agreements must be
modified accordingly.
800
Continuing Education: To maintain and upgrade the knowledge and skill
levels of home inspectors practicing in Arkansas, each such inspector shall
participate in the Home Inspector Continuing Education Program. Only continuing
education obtained from providers approved in accordance with this section
shall be accepted to meet this requirement.
801
Required CEC Hours And Submission
And Retention Of Documents: As a condition of registration renewal, each
inspector shall complete a minimum of fourteen (14,) approved continuing
education credit (CEC) hours during the training year preceding submission of
his/her renewal application. The Board may require certain subject matter. If
that is the case, appropriate notification and information regarding sources of
the training will be provided in a timely manner, to all registered inspectors.
Failure to complete continuing education requirements shall result in the
suspension of the home inspector's registration. §
17-52-310(e)(1)
A.C.A.
A. No more than four (4) hours of
continuing education hours per training year may be from correspondence courses
or other distance learning sources. Likewise, no more than four (4) hours may
be in subject matter outside the core subjects. All continuing education
credits must be for subjects logically related to home inspections and
ancillary services. The Board has final decision authority with respect to
acceptable subjects.
B. An
inspector can claim continuing education credits for a given course, only once
within two consecutive training years, even if he has successfully completed
the course multiple times.
C. To
insure that continuing education credits will be granted, courses must be
approved by the Board before the courses are presented. If unforeseeable
circumstances preclude approval prior to presentation, a non-profit home
inspector professional association or state agency, presenting or sponsoring
training in core subjects, may submit a request for approval up to ten (10)
calendar days after the conclusion of the course. An explanation of the
circumstances involved must accompany the approval request. The same decision
criteria shall be applied by the Board whether the approval being sought is
considered before or after the course presentation.
D. Up to ten CEC hours, earned in a training
year, in excess of the minimum required, may be carried over and applied to the
following year's requirement.
E.
Copies of certificates and other documents which substantiate the continuing
education hours listed on the Board Form CE-1 must accompany this form when
submitted to the Board, and the same shall be retained by the inspector for at
least 2 years after submission of the CE-1.
802
Hardships: Upon appropriate
showing of a bona fide health or other hardship, the Board may consider and
grant an individual exception to the continuing education requirements.
A. Loss of income resulting from cancellation
of a license is not a bona fide hardship.
B. Requests for exceptions shall be submitted
in writing not less than sixty days prior to the date of license renewal and
shall include an explanation and verification of the hardship.
C. Exceptions may include but are not be
limited to:
1. Individuals serving in military
service; and
2. Individuals who
have a temporary physical impairment which prevented them from attending
courses.
803
School And Course Approval For Continuing Education: Each school,
institution or organization desiring to offer continuing education courses for
home inspectors shall submit a formal filing to the Board for each course for
which approval is sought.
A. The filing for
each course shall include, but not be limited to, the following:
1. Name and Address of provider or
sponsor.
2. Proposed location of
classroom and dates of training.
3.
The topics to be offered, the instructors for each, and the number of clock
hours for each topic.
4. Instructor
lecture outlines and copies of any handout materials or texts to be provided to
the students.
5. Resume for each
instructor. It must include their name and address and any other pertinent
contact information plus information which establishes their expertise to teach
the subject.
6. For seminars that
will provide 50% or more of the annual continuing education requirement, a
seminar brochure will also be provided.
7. Copies of an advertising plan and of
advertisements to be used.
8. A
copy of the certificate or affidavit which will be provided to the inspector
after completion of the course/seminar.
9. Detailed information about tuition or
other costs to attend the training event.
B. Approval, Conditional Approval, or Non
Approval by the Board:
1. Approvals shall be
forwarded to the school as submitted.
2. Conditional Approval shall allow the
school to continue to proceed with the education presentation provided they
correct Board stipulated deficiencies prior to the date of presentation and
receive final approval from the Board.
3. Non Approval shall require the proposed
training to be halted and that a new submission be made to the Board. The Board
shall cite the major deficiencies in the proposed training.
C. Non-profit professional home
inspector organizations and corporations may be exempt from Inspector training
or continuing education provider fees as set forth in paragraph 603 above.
However, they must submit a properly completed application for approval as a
continuing education provider, accompanied by copies of their charter, by-laws,
incorporation papers, or other documents, acceptable by the Board, which
clearly and unequivocally demonstrates a non-profit character for their
organization.
D. For-profit firms,
organizations, and corporations must submit a properly completed application
for approval as a continuing education provider accompanied by the Inspector
training or continuing education provider fees specified in 603
above.
E. No course of less than
one (1) hour will be approved.
F.
Correspondence and other distance learning courses may be permitted for
continuing education credit as approved by the Board.
G. Each school, institution or organization
desiring renewal of approval for course offerings shall submit an updated
course filing containing any changes from the previous offering at least sixty
(60) days prior to the expiration of the two year period of approval, dated
from the previous notification of approval date.
804
Course Content:
A. The content of continuing education
programs shall be consistent with current home inspection licensing laws and
with inspection practices that are broad-based and essential to the role of a
home inspection general practitioner. The content shall directly relate to home
inspection principles and practices such as described in these regulations or
to new developments in the fields for which home inspectors have a demonstrated
need.
B. The Board shall not
approve offerings in mechanical office and business skills such as typing,
speed-reading, memory development, personal motivation, salesmanship, sales
psychology, sales promotions or other meetings held in conjunction with the
general business of a home inspector. Generally, acceptable courses may
include, (but are not limited to) these topics related to residential real
property of four or less residences:
1. Home
inspection laws and regulations;
2.
Structural systems;
3.
Foundations;
4. Interior walls,
doors, ceilings and floors;
5.
Exterior wall claddings and doors, windows, and door glazing;
6. Solid fuel heating devices and
chimneys;
7. Roof coverings, roof
structure, and attic;
8. Porches
and decks;
9. Mechanical systems
(heating, piping and cooling solar work);
10. Inspection guidelines for
appliances;
11. Inspection
guidelines for house air heating and cooling systems;
12. Inspection guidelines for ducts, vents
(including dryer vents) and flues;
13. Plumbing systems
14. Inspection guidelines for plumbing
systems and their components (drain, waste, vent, water, gas);
15. Electrical systems (for heat, light,
power, system controls, and other purposes);
16. Electric service entrances and panels,
branch electrical circuits, connected devices and fixtures;
17. Home inspection documents, forms,
contracts, warrantees;
18. Water
supply systems (drilled wells/community water supplies);
19. Fire protection sprinkler
systems;
20. Report writing, and
legal ramifications of report content.
805
Submission of Approval Requests:
Requests may be submitted at any time but must be received by the Board
not later than September 15 to be included in the initial Approved
Continuing Education Provider list for the following training year.
That list will normally be published and made available to registered
inspectors during the first week of November each year. The list will be
updated periodically throughout the year. Requests related to a specific event
must be submitted at least 45 calendar days prior to the event to allow time
for the Board to act on the request. Any approval granted shall be for a
maximum of one year. Approval for one period, does not guarantee approval for
any other period.
806
Notification Of Continuing Education Course Offering And Locations:
A. Each school, institution or organization
conducting an approved course shall, at least ten days prior to the first
scheduled session of each course, submit to the Board a schedule of the dates,
hours, locations, tuition fees and instructors for each course to be offered.
No courses shall commence, or be advertised as approved, without prior written
approval of the Board. There shall be no change or alteration in any approved
course without prior written notice and approval of the Board. Course approval
may be withdrawn for failure to comply with the provisions of these
regulations.
B. Each school shall
submit a listing identifying all locations where courses are offered to the
Board for prior approval. Each course of study shall be conducted in a
classroom or other facility which is adequate to implement the
offering.
807
Advertising Restrictions: All schools advertising continuing education
courses shall comply with the following requirements:
A. All advertising and written or oral
statements shall avoid the use of exaggerated or un-provable claims and
misrepresentations. In discussing or describing a student's possible or
potential economic future in the field of home inspection, no misleading or
deceptive claims may be made.
B. In
advertising, no school, institution or organization shall use the wording
"Approved by the Board" or other like wording. The following wording may be
used: "This course meets the minimum requirements as set forth by the Arkansas
Home Inspector Registration Board for X hours of continuing
education."
808
Attendance Policies: Providers of Continuing Education shall have and
adhere to a published attendance policy. As a minimum, the policy shall provide
that a student not be absent more that fifteen percent of the approved hours of
training
A. Attendance shall be accurately
recorded in no more than two (2) hour increments.
B. Programs of study will be reported in
clock hours.
809
Documents To Be Provided To Continuing Education Participants by the
Provider:
Certificates will be provided to all inspectors successfully completing
continuing education.
A. Those
certificates will contain the following information: Name of school, provider
or sponsor. Name of student with Arkansas registration number. Course Title and
approval number assigned by the Board. Course location. Number of approved
continuing education hours and Signature of approving authority and/or
instructor.
B. The certificates
shall be not be smaller than 4x5 inches nor larger than 81/2 x11
inches.
C. Continuing Education
providers will maintain copies of the documents which include Board approval of
their education offerings and academic records for all students who enrolled.
Likewise the records must identify those students who successfully completed
the educational offerings. Those records must be retained at least two
years.
810
Courses Audits:
A. The Board or its
chairman may appoint appropriately qualified persons to audit continuing
education courses or offerings. Letters of appointment will be provided to the
auditors for auditor identification/authorization purposes and to provide
instructions for the audit(s.)
B.
Any educational course/offering which has been approved or is pending approval
by the Board may be audited. Such audits may be announced or unannounced to the
course provider. The provider will waive all fees for the course and any texts
or hand out materials. Upon completion of the audit, the auditor will prepare a
Results Of Audit report and submit it to the Board as directed in his
appointment letter. The Board will notify course providers of the outcome of
such audits.
C. Failure of a
provider to substantially follow the course outline submitted with the approval
request may result in denial or revocation of Board approval. Likewise, the
Board may assign a probationary status to a course and request specific
corrections be made. Follow-up audits may be made to evaluate whether
appropriate corrections have been made and whether further action is
warranted.
D. Auditors who
personally pay the attendance fees for a course which is approved or later
approved, may choose to take continuing education credits and apply it to their
annual requirement. Otherwise, they may not claim the credits.
811
Hearings Regarding
Denial Or Revocation Of School Or Course Approval:
A. Upon the refusal of the Board to approve a
school, institution or organization for the offering of continuing education
courses or a particular course, or upon the decision of the Board to withdraw
such approval, the Board shall notify the applicant of the denial and of his
right to request a hearing within thirty days from the date of receipt of the
notice of denial.
B. In the event
the applicant requests a hearing within such thirty days, the Board shall give
notice of the grounds for its refusal to approve and shall conduct a hearing
concerning such refusal in accordance with the provisions of the Arkansas
Administrative Procedures Act.
900
Pre-registration Home Inspector
Education: Each school, institution or organization (provider) desiring
to offer a comprehensive educational curriculum to fulfill
pre-registration/licensure requirements for prospective state registered home
inspectors in Arkansas, including a minimum of eighty (80) on-site
instructional hours, shall submit a formal filing to the Board seeking
approval. Such offering must be conducted as one series of individual modules
over contiguous days, but must also allow for students to achieve credit by
attending individual non-contiguous modules within a twelve (12) month period,
as long as the overall requirements of the full curriculum are met.
A. The filing for the curriculum shall
include eight (8) printed copies of the following and basically organized as
listed below, including a cover letter and a table of contents:
1. Description of provider or sponsor,
including:
a. Name and business address of
provider with name, phone number, fax, number, and email address of the contact
person for the provider.
b.
Corporate, institutional, or organizational structure/tax status and state of
incorporation if applicable.
c.
Parent company and/or owner(s) of provider company if applicable.
d. Names, titles, addresses, and affiliations
of the current Board of Directors if applicable.
e. Current governmental educational facility
licenses, national and state association certifications, and state home
inspector board educational provider approvals.
2. Location(s) of anticipated training
facilities and dates of training for at least the first six (6) months of the
two (2) year period of approval.
3.
A listing of the titles of the curriculum modules to be offered, the proposed
instructor(s) for each, and the number of clock hours for each topic.
4. Individual module outlines shall be
submitted and shall be in a consistent format and uniform level of detail.
"Field" or "laboratory" exercises should be referenced in the outline and
described in terms of the environment in which they are conducted and the goals
to be achieved. Any unattended video instruction used shall be noted in the
outline along with its time of duration. Each module outline shall reference
the numbers and titles of applicable handouts and other class materials as
described in B below.
5. A resume
for each instructor shall be submitted, including their current contact
information, educational and employment history including beginning and (when
applicable) ending dates, schools attended, degrees awarded, past and current
employers, job titles, certifications, memberships, and offices held which
establish their expertise to teach the subject, and other background
information, including any disciplinary action against any professional license
or any criminal conviction.
6. A
description of the subject matter testing format, procedures, and scoring
methodology as they relate to each module and/or the curriculum as a whole.
Describe scoring levels required to certify "completion" or "passage" of each
module and/or the curriculum as a whole.
7. A copy of the certificate or affidavit
which will provided to the student after completion and or passage of each
module and/or the curriculum as a whole.
8. Detailed information about tuition, fees,
or other costs to attend each module or the curriculum in its
entirety.
B. An addendum
to the filing shall be included which contains:
1. A single copy of any and all handout
materials, overhead transparencies, computer or video presentations, and
published texts to be used by the student or instructor during any and all
modules, whether provided to (or required to be purchased by) the students.
This addendum shall contain it's own introductory table of contents with a
complete listing of exhibit reference numbers and titles of such handout
materials, etc. for the entire curriculum.
2. A single copy of all electronic,
internet-based, and printed media including descriptive literature, brochures,
applications, and contracts used to promote the proposed curriculum to
prospective students and secure their registration and payment.
C. Approval, Conditional Approval,
or Non-Approval by the Board - All filings for pre-registration/licensure home
inspector education shall be reviewed by the Board within 60 days of receipt
and the submitting provider shall receive a letter in writing specifying one of
the following categories of approval:
1.
Approval of filings as submitted.
2. Conditional Approval shall allow the
school to advertise that it has obtained approval by the Board for the entire
curriculum, provided that any deficiencies stipulated by the Board are
corrected with description of the corrective actions to be transmitted to the
Board in writing, and with final approval to have been received from the Board
prior to the date of attendance at any course in the curriculum by any student
seeking licensure in the state of Arkansas. Any such student allowed to attend
a non-approved course shall be entitled to a full refund of all tuition and
fees paid for the entire curriculum, but shall not lose credit for courses
already taken, and shall be allowed to complete the remainder of the curriculum
upon its approval by the Board at no charge at the next presentation of the
remaining required course(s).
3.
Non-Approval shall require that any and all advertising be discontinued
immediately by the provider which contends that Board approval for the
curriculum, or any of its modules has been "applied for", and that a new filing
be submitted to the Board. The Board shall cite the major deficiencies in the
proposed training.
D.
Non-profit professional home inspector organizations and corporations may be
exempt from pre-registration home inspector education provider fees as set
forth in paragraph 603 above. However, they must submit a properly completed
application for approval as a pre-registration home inspector education
provider, accompanied by copies of their charter, by-laws, incorporation
papers, or other documents, acceptable by the Board, which clearly and
unequivocally demonstrates a non-profit character for their
organization.
E. No curriculum of
less than eighty (80) hours will be approved.
F. Correspondence and other distance learning
courses for pre-registration home inspector education credit will not be
approved.
G. Each provider shall
submit an updated course filing containing any changes from the previous filing
at least 60 days prior to the expiration of the two year period of approval,
from the previous notification of approval date.
H. All materials submitted by the provider
for the filing shall remain in the possession of the Board and shall be
maintained for future reference and determination of compliance unless the
filing is "non-approved" in its entirety. However, all such materials shall be
considered proprietary to the provider and shall not be divulged to persons
other than Board members and staff unless otherwise required by Arkansas
law.
901
Course
Content:
A. The content of the
pre-registration home inspector education curriculum shall be consistent with
current home inspection licensing laws and with inspection practices that are
broad-based and essential to the role of a home inspection general
practitioner. The content shall directly relate to home inspection principles
and practices such as described in these regulations or to new developments in
the fields for which home inspectors have a demonstrated need.
B. The Board shall not approve offerings in
mechanical office and business skills such as typing, computer and software
operation, speed-reading, memory development, personal motivation,
salesmanship, sales psychology, sales promotions or other topics that are
ancillary to the primary tasks of home inspection.
C. The minimum acceptable curriculum for
Board approval shall cover, but is not limited to, the following topics related
to residential real property of four or less residences:
1. Structural systems:
a. Foundations, basements, and
drainage;
b. Interior walls,
windows, doors, stairways, ceilings, and floors;
c. Exterior walls, windows, doors, and
stairways;
d. Exterior coatings,
claddings and glazing;
e. Roof
structure, coverings, penetrations, drainage, and attics;
f. Porches, decks, driveways, and
walkways;
g. Railings and assistive
devices;
h. Thermal insulation, air
penetration, and moisture barriers; and
2. Environmental heating, cooling,
ventilation, and air conditioning devices, controls, and distribution systems:
a. Solid, liquid, and gas fuel heating
systems;
b. Electrical heating and
cooling systems;
c. Solar energy
systems; and
d. Chimneys, ductwork,
vents, fans, and flues (including dryer vents).
3. Plumbing systems, controls, and components
(including drain, vent, water, and gas).
4. Waste and sewage systems, capacities, and
components (including septic systems).
5. Water supply systems, capacities, and
components (drilled wells/community water supplies).
6. Electrical systems, controls and
components (for HVAC, lighting, home appliance power, and other
purposes).
7. Electric service
entrances, panels, branch electrical circuits, connected devices and
fixtures.
8. Home
appliances.
9. Home inspection laws
and regulations.
10. Home
inspection documents, forms, contracts, and warranties.
11. Report writing, and legal ramifications
of report content.
902
Submission of Filings for
Approval: Filings may be submitted at any time but must be received by
the Board not later than ninety (90) days prior to the date of the first
presentation of any module contained in the curriculum. Any approval granted
shall be for a maximum of two (2) years. Approval of any module, or the
curriculum as a whole, for one period does not guarantee approval for any other
period.
903
Notification Of
Curriculum Offerings or Changes:
A. It
is the responsibility of each provider planning to conduct an approved
curriculum to keep the Board apprised in writing of the dates, locations, and
pricing of all such offerings by submitting written notice at least 30 days
prior to their commencement. No response from the Board shall be required for
such. The Board shall also be notified in writing of all changes to individual
module content, or instructor replacements/substitutions where the Board has
not previously approved a particular instructor to teach a course. Such notice
shall be submitted to the Board at least 30 days in advance of such offerings,
and the same shall not commence without prior written approval of the Board.
Curriculum or individual module approval may be withdrawn for failure to comply
with the provisions of these regulations.
B. In order to permit the greatest
flexibility in assigning qualified instructors to curriculum modules, each
school is encouraged to submit (with their initial filing) a list of those
modules that each instructor may be called upon to teach. This list should
accompany the requested information regarding qualifications for each
instructor, and the Board shall examine the instructor's qualifications with
respect to each module on his or her respective list. As noted in 900A3 above,
each module outline should also contain a list of its prospective qualified
instructors.
904
Advertising Restrictions: All providers advertising a
pre-registration/licensure home inspector education curriculum shall comply
with the following requirements:
A. All
advertising and written or oral statements shall avoid the use of exaggerated
or un-provable claims and misrepresentations. In discussing or describing a
student's possible or potential economic future in the field of home
inspection, no misleading or deceptive claims may be made.
B. In advertising, no provider shall use the
wording "Approved by the Board" or other like wording. The following, or
similar, wording may be used: "This curriculum (or module/course) meets the
minimum requirements as set forth by the Arkansas Home Inspector Registration
Board for X hours of pre-registration home inspector
education."
905
Attendance Policies: Providers of pre-registration home inspector
education shall have and adhere to a published attendance policy. As a minimum,
the policy shall provide that a student not be absent more that fifteen percent
(15%) of the overall hours for the approved curriculum, nor more than fifty
percent (50%) of the hours approved for any one course module used to satisfy
any of the minimum module content requirements as listed in Section 901.
A. Attendance shall be accurately recorded in
no more than four (4) hour increments.
B. Programs of study will be reported in
clock hours.
906
Documents To Be Provided To Students by the Provider: Certificates will
be provided to all inspectors successfully completing continuing education.
A. Those certificates will contain the
following information: Name of provider. Name of student. Training site
location. Number of approved hours and signature of approving authority and/or
instructor.
B. The certificates
shall be not be smaller than 4x5 inches nor larger than 81/2 x11
inches.
C. Continuing Education
providers will maintain copies of the documents which include Board approval of
their education offerings and academic records for all students who enrolled.
Likewise the records must identify those students who successfully completed
the educational offerings. Those records must be retained at least two
years.
907
Courses Audits:
A. The Board or its
chairman may appoint appropriately qualified persons to audit the curriculum or
its modules. Letters of appointment will be provided to the auditors for
auditor identification/authorization purposes and to provide instructions for
the audit(s.)
B. Any educational
course/offering which has been approved or is pending approval by the Board may
be audited. Such audits may be announced or unannounced to the provider. The
provider will waive all fees for the curriculum or module and any texts or hand
out materials. Upon completion of the audit, the auditor will prepare a Results
Of Audit report and submit it to the Board as directed in his appointment
letter. The Board will notify providers of the outcome of such
audits.
C. Failure of a provider to
substantially follow the module outline submitted with the filing may result in
denial or revocation of Board approval. Likewise, the Board may assign a
probationary status to a module and request specific corrections be made.
Follow-up audits may be made to evaluate whether appropriate corrections have
been made and whether further action is warranted.
D. Auditors who personally pay the attendance
fees for the curriculum or module which is approved or later approved, may
choose to take continuing education credits and apply it to their annual
requirement. Otherwise, they may not claim the credits.
908
Hearings Regarding Denial Or
Revocation Of School Or Course Approval.
A. Upon the refusal of the Board to approve a
provider for the offering of pre-registration/licensure home inspector
education curriculum or a particular module, or upon the decision of the Board
to withdraw such approval, the Board shall notify the applicant of the denial
and of his right to request a hearing within thirty days from the date of
receipt of the notice of denial.
B.
In the event the applicant requests a hearing within such thirty days, the
Board shall give notice of the grounds for its refusal to approve and shall
conduct a hearing concerning such refusal in accordance with the provisions of
the Arkansas Administrative Procedures Act.
1100
Complaint Process: The
Board will consider properly submitted complaints against persons holding
themselves out to be home inspectors in Arkansas whether or not those persons
are or were properly registered as home inspectors in the state. The authority
to do so is §
17-52-302(3)
and §
17-52-306(4)
A.C.A.. The complaint process is not a substitute for civil courts and is not a
venue for restitution for the complainant. In the complaint process, the Board
only considers; "Was the inspector properly registered at the time of the
inspection? Does his report indicate that he was in substantial compliance with
the standards of practice? and, Did the inspector comply with the code of
ethics?" (Also see paragraph 103.R above.) If the answer to any of these
questions is "no" or violations of the Act or these rules are discovered, the
inspector may be disciplined following the procedures in Section
1200 below. If multiple
complaints have been received pertaining to given person, they may be combined
into one Board action.
1101
Procedure For The Board's Handling Of Complaints Against A Home Inspector:
The board will consider a complaint against a home inspector provided
the following have been complied with:
A.
Before submitting a complaint to the Board, the complainant shall contact the
inspector involved in writing, clearly stating the specific complaint and the
remedy desired.
1. Before any modification or
repairs are made to the conditions giving rise to the complaint, the inspector
shall be given reasonable opportunity to view and discuss those conditions with
the complainant. When the nature of those conditions are such as to present an
unsafe condition or when failure to act will cause further damage, the
complainant should so advise the inspector and may make any minimal changes
needed to protect life and preserve and protect the property.
2. Should the process, in 1 just above, fail
to produce a mutually agreeable resolution of the complaint, the aggrieved may
submit a complaint to the Board.
B. Complaints shall be submitted on a board
prescribed form. All instructions on the form must be complied with. All
communications related to complaints shall be in writing or be documented in
writing with copies provided to all parties named in such document. Upon
receipt of a complaint:
1. The Board shall
acknowledge to the complainant in writing that their complaint has been
received.
2. If a vague or
incomplete complaint is received, the Board may notify the complainant that
additional information is needed and may hold the complaint without further
action until the shortcomings of the complaint submission are resolved to the
satisfaction of the Board.
C. Upon receipt of a properly completed
complaint, the Board shall:
1. Send a letter
of notification to the inspector involved, at his last known address, that a
complaint has been received.
2.
Provide a copy of the complaint to the inspector.
3. Direct him to respond to the Board within
fourteen (14) calendar days of the date on the notification letter. Passage of
those 14 days constitutes completion of preliminary processing of the complaint
whether the inspector responds or his response has been received.
4. Schedule action on the complaint. When
preliminary processing is complete, a complaint will be added to the agenda for
the next board meeting which is ten days or more away.
D. The Board shall review and act on
complaints on the meeting agenda. Based upon the facts pertinent to each
complaint, the Board may propose a final course of action, set a further course
of action, or delay action until a specified time. In any case, within seven
calendar days, the Board shall notify parties to the complaint of the action(s)
taken. Any penalties proposed may be appealed at the next physical meeting of
the board before final action is taken.
E. Should the parties to a complaint reach
resolution of the complaint prior to final action by the Board, the
complainant, shall notify the Board in writing. The notification shall include
a description of the resolution. Such resolution shall be cause for the Board
to cease any further action on the complaint. However, the Board may pursue
discipline under Section
1200 below.
1102
Procedure For Complaints Against
Persons Not Registered:
A. Anyone who
is aware of a person holding himself out to be a home inspector in Arkansas who
is not believed to be properly registered may file a complaint against that
person on Board Form C1. Upon receipt of such a complaint, the Board or its
representative will:
1. Acknowledge receipt of
the complaint in writing to the person filing it.
2. Determine whether the Board holds any
record of the alleged offender ever having applied for registration or having
been registered.
3. Conduct other
investigation of the circumstances described in the complaint as needed to
support or disprove that a violation of the Registration Act has
occurred.
B. Based upon
the information developed in their investigation, the Board may :
1. Dismiss the complaint.
2. Issue a Cease and Desist letter to the
offender,
3. Request the alleged
offender appear in front of the Board for counseling or other corrective action
as deemed appropriate by the Board.
4. Choose to conduct a hearing under the
provisions of Section
1200 of these Rules and
Procedures.
C. When
action regarding a complaint has been completed, the person filling the
complaint shall be notified in writing and as prudent, the actions taken will
be described,
1200
Disciplinary Process: The Act grants the Board a wide range of
disciplinary powers in §
17-52-308
A.C.A.. The Board shall exercise those powers judiciously and consistent with
the purpose and responsibilities of the Board.
1201
Grounds for Disciplinary Action:
The Board may, upon its own motion or upon written complaint of any
person, and after notice and hearing as prescribed by the Administrative
Procedures Act, suspend or revoke the registration of any registered home
inspector, place the inspector on probation contingent upon specified acts or
conditions and/or issue a fine up to the amount of $1,000 per occurrence for:
A. Violation of any provision of
17-52-301 A.C.A.
et seq or any of these rules.
B.
Falsifying any application for registration or otherwise providing any false
information to the Board.
C.
Conviction in any jurisdiction of any misdemeanor involving moral turpitude or
of any felony. A plea of nolo contendere or no contest shall be considered a
conviction for the purposes of this section.
D. Any actions demonstrating
un-trustworthiness, incompetence, dishonesty, gross negligence, material
misrepresentation, fraud or unethical conduct in any dealings subject to the
Act or these regulations;
E.
Adjudication of insanity;
F. Use of
advertising or solicitation which is false, misleading, or is otherwise deemed
unprofessional by the Board;
G.
Employing directly or indirectly any unregistered person to perform any actions
subject to the Act or these regulations unless under the direct supervision of
a properly registered home inspector.
H. Habitual or excessive use of intoxicants
or illegal drugs;
J. Failure to
meet continuing education requirements within the proper time period.
K. Failure to complete inspection
reports which are in substantial compliance with the Standards Of Practice or
failure to comply with the Code of Ethics. (Also see paragraph 103.R
above.)
1202
Adjudication: These rules shall apply in all administrative adjudication
conducted by the Board. These procedures will be the process used by the Board
to formulate orders, for example, an order revoking a registration or imposing
civil penalties.
A. Presiding Officer: -
"Presiding Officer" means the person who presides at a hearing. The Board will
designate a hearing officer, the Board Chair, or other qualified person as the
presiding officer.
B. Appearances: -
Any party who appears in any adjudicatory proceeding has the right to be
represented by counsel at his/her own expense.
C. The respondent may appear on his own
behalf.
D. An attorney representing
a party to an adjudicatory proceeding shall promptly a file notice of
appearance with the board secretary.
E. Service on counsel of record shall be the
equivalent of service on the party represented.
F. On written motion served on the party
represented and all other parties of record, the presiding officer may grant
counsel of record leave to withdraw for good cause shown.
G. Consolidation: If there are separate
matters that involve similar issues of law or fact, or identical parties, the
matters may be consolidated if it appears that consolidation would promote the
just, speedy, and inexpensive resolution of the proceedings, and would not
unduly prejudice the rights of a party.
H. Notice to Interested Parties: If it
appears that the determination of the rights of parties in a proceeding will
necessarily involve a determination of the substantial interests of persons who
are not parties, the presiding officer may enter an order requiring that an
absent person be notified of the proceeding and be given an opportunity to be
joined as a party of record.
J.
Service of Papers: Unless the presiding officer otherwise orders, every
pleading and every other paper filed for the proceeding, except applications
for witness subpoenas and the subpoenas, shall be served on each party or the
party's representative at the last address of record.
K. Initiation and Notice of Hearing.
1. The Board initiates an administrative
adjudication by issuing a notice of hearing.
2. The notice of hearing will be sent to the
respondent by U. S. Mail with Restricted Delivery to the named recipient.
Certified and Return Receipt Requested. Notice shall be sufficient if it is
addressed to the respondent's latest address on file with the Board.
3. Notice will be mailed at least thirty (30)
days before the scheduled hearing.
4. The notice will include:
a. A statement of the time, place, and nature
of the hearing,
b. A statement of
the legal authority and jurisdiction under which the hearing is to be held,
and
c. A short and plain statement
of the matters of fact and law asserted.
L. Motions: All requests for relief shall be
by motion. Motions shall be in writing, or made on the record during a hearing,
and shall fully state the action requested and the grounds relied upon. The
original written motion shall be filed with the Board. When time allows, the
other parties may, within seven (7) days of the service of the written motion,
file a response in opposition. The presiding officer shall conduct such
proceedings and enter such orders as are deemed necessary to dispose of issues
raised by the motion.
M. Answer: A
respondent may file an answer.
N.
Discovery: Upon written request, the Board will provide the information
designated in A.C.A. §
25-15-208(a)(3).
Discovery requests should be received by the Board at least ten (10) days
before the scheduled hearing.
P.
Continuances: The Chairman, or the Vice Chairman (in the absence of the
chairman) may grant a continuance of hearing for good cause shown. Requests for
continuances should be made in writing, shall state the grounds therefore and
shall be made as soon as practicable and, except in cases of emergencies, no
later than five (5) days prior to the date noticed for the hearing.
1. In determining whether to grant a
continuance, the Chairman or Vice Chairman may consider:
a. Prior continuances,
b. The interests of all parties,
c. The likelihood of informal
settlements,
d. The existence of an
emergency,
e. Any
objection,
f. Any applicable time
requirement,
g. The existence of a
conflict of the schedules of counsel, parties, or witnesses,
h. The time limits of the request,
and
j. Other relevant
factors.
2. The Board
may require documentation of any grounds for continuance.
Q. Hearing Procedures:
1. The presiding officer presides at the
hearing and may rule on motions, require briefs, issue a proposed decision, and
issue such orders as will ensure the orderly conduct of the
proceedings.
2. All objections
shall be timely made and stated on the record.
3. Parties have the right to participate or
to be represented by counsel in all hearings or pre-hearing conferences related
to their case.
4. Subject to terms
and conditions prescribed by the Administrative Procedures Act, parties have
the right to introduce evidence on issues of material fact, cross-examine
witnesses as necessary for a full and true disclosure of the facts, present
evidence in rebuttal, and upon request by the Board, may submit briefs and
engage in oral argument.
5. The
presiding officer shall maintain the decorum of the hearing and may refuse to
admit or may expel anyone whose conduct is disorderly.
6. The presiding officer has the discretion
to sequester witnesses during the hearings.
R. Order of Proceedings: The presiding
officer shall conduct the hearing in the following manner:
1. Presiding officer shall give an opening
statement briefly describing the nature of the proceedings;
2. The parties shall be given opportunity to
present opening statements;
3. The
parties shall present their cases in the sequence determined by the presiding
officer;
4. Each witness shall be
sworn or affirmed by the presiding officer, or the court reporter, and be
subject to examination and cross-examination as well as questioning by the
Board. The presiding officer may limit questioning in a manner consistent with
the law;
5. When all parties and
witnesses have been heard, parties may be given the opportunity to present
final arguments.
S.
Evidence
.1. The presiding
officer shall rule on admissibility of evidence and may, when appropriate, take
official notice of facts in accordance with all applicable requirements of
law.
2. Stipulation of facts is
encouraged. The Board may make a decision based on stipulated facts.
3. Evidence in the proceeding shall be
confined to the issues as to which the parties received notice prior to the
hearing unless the parties waive their right to such notice or the presiding
officer determines that good cause justifies expansion of the issues. If the
presiding officer decides to admit evidence outside the scope of the notice
over the objection of a party who did not have actual notice of those issues,
that party, upon timely request, shall receive a continuance sufficient to
prepare on the additional issue and to permit amendment of pleadings.
4. A party seeking admission of an exhibit
must provide ten (10) copies of each exhibit at the hearing. The presiding
officer shall provide the opposing parties with an opportunity to examine the
exhibit prior to the ruling on its admissibility. All exhibits admitted into
evidence shall be appropriately marked and be made part of the
record.
5. Any party may object to
specific evidence or may request limits on the scope of the examination or
cross-examination. A brief statement of the grounds upon which it is based
shall accompany such an objection. The objection, the ruling on the objection
and the reasons for the ruling shall be noted in the record. The presiding
officer may rule on the objection at the time it is made or may reserve the
ruling until the written decision.
6. Whenever evidence is ruled inadmissible,
the party offering that evidence may submit an offer of proof on the record.
The party making the offer of proof for excluded oral testimony shall briefly
summarize the testimony or, with permission of the presiding officer, enter the
testimony in the record. If the excluded evidence consists of a document or
exhibit, it shall be marked as part of an offer of proof and inserted in the
record.
7. Irrelevant, immaterial
and unduly repetitive evidence shall be excluded. Any other oral or documentary
evidence, not privileged, may be received if it is of a type commonly relied
upon by reasonably prudent men in the conduct of their affairs.
8. Reasonable inferences. The finder of fact
may base its findings of fact upon reasonable inferences derived from other
evidence received.
T.
Default: If a party fails to appear or participate in an administrative
adjudication after proper service of notice, the Board may proceed with the
hearing and render a decision in the absence of the party.
U. Subpoenas:
1. At the request of any party, the Board
shall issue subpoenas for the attendance of witnesses at the hearing. The
requesting party shall specify whether the witness is also requested to bring
documents and reasonably identify said documents.
2. A subpoena may be served by any person
specified by law to serve process or by any person who is not a party and who
is eighteen (18) years of age or older. Delivering a copy to the person named
in the subpoena shall make service. Proof of service may be made by affidavit
of the person making service, if not served by a person specified by law to
serve process. The party seeking the subpoena shall have the burden of
obtaining service of the process and shall be charged with the responsibility
of tendering appropriate mileage fees and witness fees pursuant to Rule
45, Arkansas Rules of Civil
Procedure. The witness must be served at least two days prior to the hearing.
For good cause, the Board may authorize 3. Any motion to quash or limit the
subpoena shall be filed with the Board and shall {state the grounds relied
upon.}
V. Recording the
Proceedings: The responsibility to record the testimony heard at a hearing is
borne by the Board. Upon the filing of a petition for judicial review, the
Board will provide a verbatim transcript of testimony taken before the
Board.
W. Factors To Be Considered
In Imposing Sanctions: In addition to any other considerations permitted by the
Home Inspector Registration Act, the Board in imposing any sanction may
consider:
1. The nature and degree of the
misconduct for which the licensee is being sanctioned.
2. The seriousness and circumstances
surrounding this misconduct.
3. The
loss or damage to clients.
4. The
assurance that those who seek similar professional services in the future will
be protected from the type of misconduct found.
5. The profit to the licensee.
6. The avoidance of repetition.
7. Whether the conduct was deliberate,
intentional or negligent.
8. The
deterrent effect on others.
9. The
conduct of the individual during the course of the disciplinary
proceeding.
10. The professional's
prior disciplinary record, to include warnings.
11. Matters offered by the inspector in
mitigation or extenuation except that a claim of disability or impairment
resulting from the use of alcohol or drugs may not be considered unless the
professional demonstrates that he is successfully pursuing in good faith a
program of recovery.
X.
Final Order:
1. The Board will serve on the
respondent a written order that reflects the action taken by the Board. The
order will include a recitation of facts found based on testimony and other
evidence presented and reasonable inferences derived from the evidence
pertinent to the issues of the case. It will also state conclusions of law and
directives or other disposition entered against or in favor of the
respondent.
2. The order will be
served personally or by mail on the respondent. If counsel represents
respondent, service of the order on respondent's counsel shall be deemed
service on the respondent.
Z. Duty of Sanctioned Inspector:
1. In every case in which an inspector's
registration is revoked, suspended, or surrendered, the professional shall,
within thirty (30) days of the revocation, suspension or surrender:
a. Return his registration card to the
Board's office;
b. Notify all of
his clients in writing that his lcense has been revoked, suspended, or
surrendered;
c. Notify all clients
to make arrangements for other professional services, calling attention to any
urgency in seeking the substitution of another licensed professional;
d. Deliver to all clients any papers or
property to which they are entitled, or notify the client of a suitable time
and place where the papers and other property may be obtained, calling
attention to any urgency for obtaining the papers or other property;
e. Refund any part of the fees paid in
advance that have not been earned;
f. Keep and maintain a record of the steps
taken to accomplish the foregoing;
g
. File with the Board a list of all other state, federal and
administrative jurisdictions by which he is licensed or registered. Upon such
filing, the Board will notify those entitled of the revocation, suspension or
surrender; and
h. The inspector
shall, within thirty (30) days of revocation, suspension or surrender of his
registration card, file an affidavit with the Board that he has fully complied
with the provisions of the order and completely performed the foregoing or
provide a full explanation of the reasons for his non-compliance. Such
affidavit shall also set forth the address where communications may thereafter
be directed to the respondent.
1203
Reinstatement Of Registration
After Suspension:.
A. An order
suspending a license may provide that a person desiring reinstatement shall
file with the Board an affirmed or sworn petition requesting
reinstatement.
B. The petition for
reinstatement shall set out the following:
1.
That the individual has fully and promptly complied with the requirements of
paragraph 1202.Z above.
2. That the
individual has refrained from practicing in this profession during the period
of suspension;
3. That the
individual's registration fee is current or has been tendered to the Board;
and
4. That the individual has
fully complied with any requirements imposed as conditions for
reinstatement.
C. Any
knowing misstatement of fact may constitute grounds for denial or revocation of
reinstatement.
D. Failure to comply
with the provisions of paragraph 1202.Z of this Rule shall preclude
consideration for reinstatement.
E.
No individual will be reinstated unless the Board approves reinstatement by
affirmative vote of a majority of all board members.
1204
Reinstatement for Revoked or
Surrendered Registration:
A. No
individual who has had his registration revoked or who has surrendered his
registration shall be reinstated except on petition made to the Board.
Petitions for reinstatement of revoked registrations shall be submitted in
strict compliance with any instructions included in the revocation
order.
B. The applicant shall bear
the burden of proof that he is rehabilitated following the revocation or
surrender of his registration, he can engage in the conduct authorized by the
registration without undue risk to the public health, safety and welfare, and
he is otherwise qualified for the license pursuant to A.C.A. §
17-52-301 et
seq.
C. The Board may impose any
appropriate conditions or limitations on a reinstatement to protect the public
health, safety and welfare.
D. The
Board may require that the person seeking reinstatement sit for and
successfully complete the competency examination.
1205
Emergency Action:
A. Emergency Notice of Hearing: If the Board
finds that the public health, safety, or welfare imperatively requires
emergency action and incorporates that finding in its order, the Board can
summarily suspend, limit, or restrict a registration. The notice requirement in
paragraph 1201.K does not apply and shall not be construed to prevent a hearing
at the earliest time practicable.
B. Emergency Order: An emergency adjudicative
order shall contain findings that the public health, safety and welfare
imperatively require emergency action and the action taken by the Board. The
written order shall include notification of the date on which Board proceedings
are scheduled for completion.
1. Written
Notice: The written emergency adjudicative order shall be immediately delivered
to persons who are required to comply with the order by utilizing one or more
of the following procedures:
a. Personal
delivery;
b. Certified mail, return
receipt requested to the last address on file with the Board;
c. First class mail to the last address on
file with the Board;
d. Fax
(electronic facsimile transmission) may be used as the sole method of delivery
if the person required to comply with the order has filed a written request
that Board orders be sent by fax and has provided a fax number for that
purpose.
1206
Public Notice of Disciplinary
Action: In those instances where the Board suspends, revokes, or
temporarily withdraws a registration, notice of such action shall be published
on the Board's Internet site. Notice may also be sent to appropriate
publications which will communicate those actions to potential participants in
a residential real estate transaction.
1300
Prescribed Forms: These
forms as prescribed by the Board shall be used for their intended purposes.
Xerographic copies may be may be made and used or they may be downloaded and
printed from the Internet.
Note: Forms will be developed as needed and included for
reference at that time.
1400
Record of Changes: As each
change is adopted, it shall be added to this section such that Section
1400 is a record of all changes
made subsequent to adoption of the original rules and procedures on October 21,
2003. The superseded Section
1400 should be removed and
discarded. The new Section
1400 should be inserted in its
place. All other pages of the change should be inserted into their appropriate
locations and the pages which they replace should also be discarded.
The following chart has NOT been updated to reflect changes that
were effective September 16, 2005. The specific changes may be examined in the
summary document available at www.ahib.org .
|
Change Number |
Date Adopted By Board |
Effective Date |
Remarks And Summary Of Change: |
|
- |
October 21, 2003 |
November 10, 2003 |
1. Findings required by law as prerequisite to adoption:
None.
2. Authority for adoption of this rule: §
17-52-306
A.C.A.
3. Summary of Changes: Adopted initial set of Rules for the
Home Inspection Registration Board. |
|
1 |
May 25, 2004 |
July 1, 2004 |
1. Findings required by law as prerequisite to adoption:
None
2. Authority for adoption of this rule change: §
17-52-306
A.C.A.
3. Summary of Changes:
a. Para 102 replaced with current contact information and
detailed information pertaining to Freedom Of Information requests.
b. Para 201: Title amended to include election of
officers.
c. Para 202 replaced to reflect change from administrative
support to the Board by the Secretary of State to its own staff or a
contractor.
d. Para 602 changed to reflect maximum fees allowed under Home
Inspector Registration Act.
e. Para 603 added to show current fees. Para 603.G implements a
$45 initial qualifying fee and a $15 annual renewal fee versus previous $200
fees for continuing education providers.
f. Para 701 revised to: require a "properly completed
application," add new mailing address for the Board, and specify that
registration applications received without fees may be returned by the Board
without action.
g. Section
702 updated to include current
addresses for the Examination Board of Professional Home Inspectors and the
American Society of Home Inspectors.
h. Section
704 revised to remove a specific
requirement for the Board to approve an application which meets registration or
renewal requirements.
j. Para 706 replaced with a paragraph covering only renewal of
lapsed registrations and for the first time, details procedures for renewal of
lapsed registrations.
k. Para 707 re-numbered to be paragraph 709.
l. New paragraph 707 added to direct the reader to appropriate
subsequent paragraphs dealing with renewal of suspended, revoked, or
surrendered registrations.
m. Para 708 for the first time details procedures to allow a
registration to be placed in an inactive status.
n. Para 709 re-number as paragraph 710 and for the first time
specifies parameters within which the Board may consummate reciprocal
registration agreements with other political entities.
p. Para 804.A, last line: changed "licensees" to "home
inspectors."
q. Para 807.B (last sentence) revises the statement which
continuing education providers may use to describe their course
offerings.
r. Para 809 changes "attending" to "successfully
completing"
continuing education.
s. Para 1101: "Against A Home Inspector" is added to the
paragraph title.
t. Para 1101.E: "Such resolution shall be cause for the Board
to cease any further action on the complaint. However, the Board may pursue
discipline under Section
1200 below." is added to the end
of the paragraph.
u. Para 1102 is added to provide procedures for complaints
against persons not registered.
v. Miscellaneous, grammatical, format, and typographical
changes which do not affect the scope or intent were made throughout the Rules
and Procedures.
4. Pages on which changes occurred: Cover, Table
of
Contents (pages i through iv,) 100-1, 200-1, 600-1,
700-1,
700-2, 700-3, 800-2, 800-4, 800-5, 800-6, 1100-1,
1100-2,
1200-1, 1400-1, and 1400-2. |
