Arkansas Administrative Code › Agency 235 - DEPARTMENT OF LABOR AND LICENSING › Rule 235.00.22-002 - Rules of the Arkansas Home Inspector Registration Board

Current through Register Vol. 49, No. 6, June, 2024
300
Registration and Renewal
		  Requirements and Procedures
301
General Requirements:
A.
Who Must Register:
All
		  persons who advertise as a home inspector, or perform or attempt to perform a
		  home inspection for a fee, in the State of Arkansas, shall first register with
		  the Board and comply with the Arkansas Home Inspector Registration Act and the
		  provisions of these Rules and Procedures.
B.
Who is Exempt from
		  Registering:
1. A person who by virtue
		  of his or her employment by a public entity does home inspection work for that
		  agency shall not be required to be registered under this subchapter if the
		  inspections are conducted:
a. Solely for the
		  benefit of that entity; and
b. For
		  no compensation other than the employee's salary.
2. These rules and procedures shall not apply
		  to:
a. Any person holding a valid
		  registration, certificate, or license issued by the State if the person's
		  activity is limited to the activity authorized by his or her registration,
		  certificate, or license;
b. A
		  person who inspects his or her own home: or
c. A public entity that inspects its
		  residential units with its own personal specifically trained for the
		  inspection.
C.
Reputation & Competency:
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.
D.
Disciplinary
		  History:
An 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 unresolved
		  subject of discipline in any jurisdiction prior to applying for registration in
		  Arkansas.
E.
Criminal
		  Background Check
1.
Pre-Licensure Criminal Background Check
: Pursuant to Ark. Code Ann.
		  § 17-3-101,
et seq
., an individual may petition for a
		  pre-licensure determination of whether his/her criminal record will disqualify
		  him/her from licensure and whether he/she may obtain a waiver to be licensed.
a. The individual must obtain the
		  pre-licensure criminal background check petition form from the Board.
b. The Board will respond with a decision in
		  writing to a completed petition within a reasonable time.
c. The Board's response will state the
		  reason(s) for its decision.
d. All
		  decisions of the Board in response to the petition will be determined by the
		  information provided by the individual.
e. Any decision made by the Board in response
		  to a pre-licensure criminal background check petition is not subject to
		  appeal.
f. The Board will retain a
		  copy of the petition and response, and it will be reviewed during the formal
		  application process.
2.
Criminal Record:
An applicant for registration or renewal is not
		  eligible to receive or hold a license issued by the Board if that person has
		  pleaded guilty or nolo contendere to, or has been found guilty of, any of the
		  offenses listed in Ark. Code Ann. § 17-3-102(a) or (e), by any court in
		  the State of Arkansas, or of any similar offense by a court in another state,
		  or of any similar offense by a federal court, unless the conviction was
		  lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013,
		  Ark. Code Ann. § 16-90-140,
et seq
., or otherwise
		  previously sealed, pardoned or expunged under prior law.
3. Nothing in this section precludes the
		  Board from taking emergency action against a licensee as authorized under
		  §
									25-15-211
		  for the sake of public health, safety, or welfare.
F.
Age:
The applicant shall be
		  at least 18 years old at the time he or she submits his or her
		  application.
G.
Identification:
The Board may require each applicant for registration to
		  furnish, at his or 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.
H.
Education:
Any new applicant shall have graduated from a
		  State-accredited school or shall have earned a State-accredited high school
		  equivalency diploma. The Board may require proof of same.
I.
Board Discretion:
Applicants
		  who do not meet all of the requirements and qualifications of this Section may
		  nevertheless be approved for initial registration or registration renewal by
		  resolution of the Board. However, detailed records and an explanation of that
		  action must be made part of that person's registration records. The Board
		  reserves the right to hold for a reasonable length of time for investigation
		  the application of any applicant before approving an initial or renewal
		  registration.
1. If an applicant has been
		  convicted of a crime listed in Ark. Code Ann. § 17-3-102(a) or (e) the
		  Board may waive disqualification or revocation of a license based on the
		  conviction if a request for a waiver is made:
a. By an affected applicant for license;
		  or
b. By the individual holding a
		  license subject to revocation.
2. The Board may grant a waiver upon
		  consideration of the following, without limitation:
a. The age at which the offense was
		  committed;
b. The circumstances
		  surrounding the offense;
c. The
		  length of time since the offense was committed;
d. Subsequent work history since the offense
		  was committed;
e. Employment
		  references since the offense was committed;
f. Character references since the offense was
		  committed;
g. Relevance of the
		  offense to the occupational license; and
h. Other evidence demonstrating that license
		  of the applicant does not pose a threat to the health or safety of the
		  public.
3. If an
		  individual has a valid criminal conviction for an offense that could disqualify
		  him/her from receiving license, the disqualification shall not be considered
		  for more than five (5) years from the date of the conviction or incarceration
		  or on which probation ends, whichever date is the latest, if the individual:
a. Was not convicted of a offense in Ark.
		  Code Ann. § 17-3-102(e)
b. Was
		  not convicted for committing a violent or sexual in nature offense;
		  and
c. Has not been convicted of
		  any other offense during the five-year disqualification period.
4. The Board shall not, as a basis
		  upon which license may be granted or denied:
a. Use vague or generic terms, including
		  without limitation the phrase "moral turpitude" and "good character";
		  or
b. Consider arrests without a
		  subsequent conviction.
5. A request for a waiver, if made by an
		  applicant, must be in writing and accompany the completed application and
		  fees.
6. The Board will respond
		  with a decision in writing and will state the reasons for the
		  decision.
7. An appeal of a
		  determination under this section will be subject to the Administrative
		  Procedures Act, Ark. Code Ann. §
									25-15-201,
et seq
.
J. The Board shall grant a license to an
		  applicant who fulfills the Arkansas requirements for licensure and is a person
		  who holds a Federal Form I-766 United States Citizenship and Immigration
		  Services-issued Employment Authorization Document, known popularly as a "work
		  permit."