reglab/housing_qa huggingface dataset:
AR Code § 17-42-205 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 2 - Arkansas Real Estate Commission|§ 17-42-205. Subpoenas and subpoenas duces tecum

 (a) The Arkansas Real Estate Commission shall have the power to issue subpoenas and subpoenas duces tecum in connection with both its investigations and hearings.  (b) A subpoena duces tecum may require any book, writing, document, or other paper or thing which is germane to an investigation or hearing conducted by the commission to be transmitted to the commission.  (c)  (1) Service of a subpoena shall be as provided by law for the service of subpoenas in civil cases in the circuit courts of this state, and the fees and mileage of officers serving the subpoenas and of witnesses appearing in answer to the subpoenas shall be the same as provided by law for proceedings in civil cases in the circuit courts of this state.  (2)  (A) The commission shall issue a subpoena or subpoena duces tecum upon the request of any party to a hearing before the commission.  (B) The fees and mileage of the officers serving the subpoena and of the witness shall be paid by the party at whose request a witness is subpoenaed.      (d)  (1) In the event a person shall have been served with a subpoena or subpoena duces tecum as herein provided and fails to comply therewith, the commission may apply to the circuit court of the county in which the commission is conducting its investigation or hearing for an order causing the arrest of the person and directing that the person be brought before the court.  (2) The court shall have the power to punish the disobedient person for contempt as provided by law in the trial of civil cases in the circuit courts of this state.
AR Code § 17-42-301 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 3 - Licenses|§ 17-42-301. License required — Violations

 (a) No person shall practice or represent himself or herself as a real estate broker or salesperson without first applying for and receiving a license to practice under this chapter.  (b) Any person who directly or indirectly for another with the intention, or on the promise of receiving any valuable consideration, offers, attempts, or agrees to perform any single act described in § 17-42-103(10), whether as part of a transaction or as an entire transaction, shall be deemed a broker or salesperson within the meaning of this chapter.  (c) The commission of a single act by a person required to be licensed under this chapter and not so licensed shall constitute a violation of this chapter.  (d) It shall be unlawful for any person, directly or indirectly, to act as a real estate broker or salesperson without first obtaining a license and otherwise complying with the provisions of this chapter.  (e)  (1) Notwithstanding the provisions of this section, a person or other legal entity not licensed by the Arkansas Real Estate Commission may own a real estate firm, provided the employees or agents employed by or associated with the firm who perform real estate activities identified under § 17-42-103(10) hold an active license under this chapter.  (2) The firm may enter into contracts or otherwise perform activities identified under § 17-42-103(10) only through a principal broker and a licensee employed by or associated with the principal broker that holds an active license issued by the commission at the time of performing the contract or activities.    (f) The commission may provide for the continuing temporary operation of a real estate firm having all rights under § 17-42-107(a) upon the death, resignation, termination, or incapacity of the principal broker or upon the closing of a real estate firm, under the direction of a person approved by the commission, subject to time limitations and other conditions imposed by the commission.
AR Code § 17-42-302 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 3 - Licenses|§ 17-42-302. Issuance or denial of license

 (a) The Arkansas Real Estate Commission shall issue a license to any applicant who meets the following requirements:  (1) Attainment of the age of majority;  (2) Successful completion of educational requirements prescribed by this chapter;  (3) Successful completion of experience requirements prescribed by this chapter;  (4) Successful completion of an examination administered or approved by the commission;  (5) Demonstrates no record of unprofessional conduct;  (6) Evidence of good reputation for honesty, trustworthiness, and integrity sufficient to safeguard the interests of the public; and  (7) Completion of a criminal history background check through the Department of Arkansas State Police and the Federal Bureau of Investigation as set out in § 17-42-315.    (b) The commission shall determine what constitutes adequate proof of meeting the requirements of subsection (a) of this section and shall deny a license to any applicant who fails to meet the requirements or who fails to pay the appropriate fees.
AR Code § 17-42-303 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 3 - Licenses|§ 17-42-303. Education and experience requirements

 (a) The Arkansas Real Estate Commission shall establish education requirements for licensure, including the standards and procedures for approval of education programs, subject to the following conditions:  (1)  (A) The most education hours required of an applicant for a broker's license shall not exceed one hundred twenty (120) hours within the thirty-six (36) months immediately preceding the date of application.  (B) Effective on May 1, 2014, an applicant for a broker's license shall complete at least forty-five (45) of the required education hours in a course developed by the commission; and    (2) The maximum number of hours required of an applicant for a salesperson's license shall not exceed ninety (90) hours, at least thirty (30) hours of which shall be in the basic principles of real estate.    (b)  (1) The commission shall establish the experience requirement for licensure for an applicant for a broker's license subject to the condition of serving an active, bona fide apprenticeship by holding a valid salesperson's license issued by the commission or by holding a valid salesperson's license or broker's license issued by the appropriate licensing agency of another state for a period of not less than twenty-four (24) months within the previous forty-eight-month period immediately preceding the date of application.  (2) However, the commission may waive the experience requirement for a real estate broker applicant who has held an active real estate broker's license for a period of not less than eighteen (18) months or who has experience acceptable to the commission in a field considered real estate-related for a period of not less than twenty-four (24) months within the previous forty-eight-month period immediately preceding the date of application.    (c)  (1) The commission shall establish a post-licensure education requirement for individuals in their first year of licensure as salespersons or brokers.  (2) The commission shall not require more than thirty (30) classroom hours of post-licensure education hours.
AR Code § 17-42-304 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 3 - Licenses|§ 17-42-304. Fees

 The Arkansas Real Estate Commission shall have authority to establish, charge, and collect the following fees:   (1) An application fee not to exceed fifty dollars ($50.00);  (2) An original broker's license fee not to exceed eighty dollars ($80.00);  (3) A broker's license annual renewal fee not to exceed eighty dollars ($80.00);  (4) An original salesperson's license fee not to exceed sixty dollars ($60.00);  (5) A salesperson's license annual renewal fee not to exceed sixty dollars ($60.00);  (6) A broker's expired license fee not to exceed one hundred ten dollars ($110) per year or fraction thereof;  (7) A salesperson's expired license fee not to exceed eighty dollars ($80.00) per year or fraction thereof;  (8) A license reissuance fee not to exceed thirty dollars ($30.00);  (9) An initial duplicate license fee not to exceed thirty dollars ($30.00);  (10) A duplicate license annual renewal fee not to exceed thirty dollars ($30.00);  (11) A transfer fee not to exceed thirty dollars ($30.00);  (12)  (A) An examination fee not to exceed seventy-five dollars ($75.00).  (B) However, the commission at its discretion may direct each applicant to pay the actual costs of the examination fee directly to a testing service engaged by the commission to administer the examination;    (13) Pursuant to § 17-42-313, an appeal filing fee not to exceed one hundred dollars ($100);  (14) A Real Estate Recovery Fund fee not to exceed twenty-five dollars ($25.00); and  (15) The actual cost of a state and federal criminal history background check.
AR Code § 17-42-306 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 3 - Licenses|§ 17-42-306. Application procedure — Licensing examination required

 (a)  (1) Applications for licensure shall be submitted on forms provided by the Arkansas Real Estate Commission.  (2) The commission may require any information and documentation needed to determine if the applicant meets the criteria for licensure as provided in this chapter.  (3) Each applicant shall pay an application fee and examination fee as the commission may require under § 17-42-304.  (4)  (A) Applicants that have provided all required information and documentation to the commission may sit for the licensing examination, if a request has been sent to the Identification Bureau of the Department of Arkansas State Police for a state and federal criminal background check.  (B) A real estate license shall not be issued until the applicant has successfully completed the licensing examination and the commission receives and approves the state and federal criminal background check.      (b)  (1)  (A) An applicant who successfully completes the licensing examination shall pay, within ninety (90) days from the date of the licensing examination, such license fee and Real Estate Recovery Fund fee as the commission may require under § 17-42-304.  (B)  (i) If the federal criminal background check has not been received by the commission within ninety (90) days of the date of the licensing examination, the date may be extended by the commission until receipt of the federal criminal background check.  (ii) A real estate license shall not be issued until receipt and approval by the commission of the state and federal criminal background checks.      (2) The applicant's failure to pay the license fee and Real Estate Recovery Fund fee within the ninety-day period under subdivision (b)(1)(A) of this section shall invalidate the licensing examination results, and the applicant shall be required to make new application and retake the licensing examination as an original applicant.
AR Code § 17-42-308 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 3 - Licenses|§ 17-42-308. Inactive license

 (a)  (1) A licensee may place his or her license on inactive status.  (2) The holder of an inactive license shall not practice as a real estate broker or salesperson in this state without first activating the license.    (b) An inactive license which is not renewed shall be treated as an expired license pursuant to § 17-42-307.  (c) Inactive licenses may be activated upon compliance with requirements established by the Arkansas Real Estate Commission, including payment of appropriate fees.  (d) The provisions of this chapter relating to disciplinary action against a licensee shall be applicable to an inactive or expired license.
AR Code § 17-42-309 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 3 - Licenses|§ 17-42-309. Place of business

 (a) Every principal broker shall maintain a place of business and shall display a permanently attached sign bearing the name under which the principal broker conducts his or her real estate business and the words “real estate”, “realty”, or other words approved by the Arkansas Real Estate Commission which clearly indicate to the public that the principal broker is engaged in the real estate business.  (b)  (1) If a principal broker maintains a branch office, a duplicate license shall be issued upon payment by the principal broker of the initial fee and, thereafter, such renewal fee as the commission may require pursuant to § 17-42-304.  (2) However, a duplicate license shall not be issued for a branch office at which licensees are assigned unless the principal broker establishing the branch office has designated an executive broker to supervise the licensees.
AR Code § 17-42-310 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 3 - Licenses|§ 17-42-310. Change of name or address — Lost license or card

 (a)  (1) When a licensee changes his or her name, place of business, or address shown on the license, or loses a license or pocket card, he or she shall promptly notify the Arkansas Real Estate Commission of such a change or loss.  (2) Upon receipt of the notice and payment of the relevant fee, the commission shall reissue the license.    (b) It is the responsibility of each licensee to keep the commission notified of his or her mailing address, both home and business, at all times.  (c) The licenses of the principal broker and all licensees employed by or associated with him or her shall be retained by the principal broker and conspicuously displayed in his or her place of business.  (d)  (1) Upon the termination of a licensee's employment by or association with a principal broker, the licensee shall promptly deliver his or her pocket card to the principal broker, and the principal broker shall promptly notify the commission of the termination and return to the commission the license and pocket card of the terminated licensee, which shall automatically inactivate the license.  (2) If the pocket card is unavailable, the principal broker shall promptly so notify the commission in writing.    (e) A license inactivated under this section may be transferred to another principal broker upon application of the licensee, payment of the relevant fee, and submission of a statement that he or she is not taking any listings, management contracts, appraisals, lease agreements, or copies of any such documents or any other pertinent information belonging to the licensee's previous principal broker or firm.
AR Code § 17-42-311 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 3 - Licenses|§ 17-42-311. Violations

 (a) The following acts, conduct, or practices are prohibited, and any licensee found guilty shall be subject to disciplinary action as provided in § 17-42-312:  (1) Obtaining a license by means of fraud, misrepresentation, or concealment;  (2) Violating any of the provisions of this chapter or any rules adopted under this chapter or any order issued under this chapter;  (3) Being convicted of or pleading guilty or nolo contendere to a felony listed under § 17-3-102 or a crime involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness regardless of whether the imposition of sentence has been deferred or suspended;  (4) Making any substantial misrepresentation;  (5) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, descriptions, or promises of such character as to reasonably induce, persuade, or influence any person to act thereon;  (6) Failing within a reasonable time to account for or to remit any moneys coming into his or her possession which belong to others;  (7) Committing any act involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness;  (8) Acting for more than one (1) party in a transaction without the knowledge of all parties for whom he or she acts or accepting a commission or valuable consideration for the performance of any of the acts specified in this chapter from any person except the licensed principal broker under whom he or she is licensed;  (9) Acting as a broker or salesperson while not licensed with a principal broker, representing or attempting to represent a broker other than the principal broker with whom he or she is affiliated without the express knowledge and consent of the principal broker, or representing himself or herself as a salesperson or having a contractual relationship similar to that of a salesperson with anyone other than a licensed principal broker;  (10) Advertising in a false, misleading, or deceptive manner;  (11) Being unworthy or incompetent to act as a real estate broker or salesperson in such a manner as to safeguard the interests of the public;  (12) Paying a commission or valuable consideration to any person for acts or services performed in violation of this chapter, including paying a commission or other valuable consideration to an unlicensed person for participation in a real estate auction; and  (13) Any other conduct, whether of the same or a different character from that specified in this section, which constitutes improper, fraudulent, or dishonest dealing.    (b) Any license obtained through mistake or inadvertence shall be subject to revocation.  (c) A licensee whose license is revoked pursuant to this section shall be eligible to apply for a new license after the expiration of two (2) years from the date of revocation.
AR Code § 17-42-313 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 3 - Licenses|§ 17-42-313. Dismissal of complaint — Appeal

 (a) Any person whose complaint against a licensed real estate broker or salesperson is dismissed by the Executive Director of the Arkansas Real Estate Commission without a hearing may appeal the dismissal to the Arkansas Real Estate Commission subject to and in accordance with the following provisions:  (1) The request for appeal must be in writing and received in the office of the commission not later than sixty (60) days following the date of dismissal by the executive director;  (2) The request for appeal must be accompanied by such filing fee as the commission may require pursuant to § 17-42-304; and  (3)  (A)  (i) The appellant must also pay the cost of preparing the record for the commission's review, which cost shall be determined by the commission.  (ii) The costs must be paid by the appellant within thirty (30) days after notification of the amount. Otherwise, the appeal will be dismissed.    (B) However, if the commission's review results in a hearing being ordered on the complaint, both the filing fee and the cost of preparing the record shall be refunded to the appellant.  (C) Any person who is indigent and unable to pay either the filing fee or the cost of the record, or both, may file a pauper's oath in such form as required by the commission, and, if the commission determines that the appellant is indeed indigent, the filing fee or cost of the record, or both, shall be waived.      (b)  (1) All appeals duly perfected pursuant to subsection (a) of this section shall be presented to and decided by the commission on the written record.  (2) Such a decision may be to affirm the executive director's dismissal, to order additional investigation, or to order a hearing on the complaint.
AR Code § 17-42-314 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 3 - Licenses|§ 17-42-314. Hearings

 (a) Proceedings under § 17-42-312 and hearings on denials of licenses shall be conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.  (b) Except in cases in which a licensee has obtained a license by false or fraudulent representation, the Arkansas Real Estate Commission shall not investigate the actions of or conduct any disciplinary hearing regarding any real estate broker or salesperson unless the complaint is filed or the investigation initiated within three (3) years from the date of the actions complained of or concerning which an investigation is initiated.
AR Code § 17-42-316 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 3 - Licenses|§ 17-42-316. Agency relationship and duties generally

 (a) The common law of agency under Arkansas as supplemented by this section applies to the relationship between a licensee and the licensee's client.  (b)  (1) In accepting employment by a client, a licensee pledges a primary duty of absolute fidelity to protect and promote the interests of the client or clients.  (2) The licensee's duty includes without limitation the obligation to:  (A) Use reasonable efforts to further the interest of the client;  (B) Exercise reasonable skill and care in representing the client and carrying out the responsibilities of the agency relationship;  (C) Perform the terms of the written agency agreement;  (D) Follow lawful instructions of the client unless doing so would expose the licensee to liability from another party to a contract, lease, or rental agreement;  (E) Perform all duties specified in this section in a manner that demonstrates loyalty to the interests of the client;  (F) Comply with all requirements of this section and other applicable statutes and rules;  (G) Disclose to the client material facts of the transaction that the licensee is aware of or should be aware of in the exercise of reasonable skill and care and that are not confidential information under a current or prior agency or dual agency relationship;  (H) Advise the client to obtain expert advice concerning material matters when necessary or appropriate;  (I) Account in a timely manner for all moneys and property received in which the client has or may have an interest;  (J) Keep confidential all confidential information; and  (K) Refrain from disclosing confidential information to a licensee who is not an agent of the client.      (c) The duties required of a licensee under this section may not be waived by a client.