Arkansas Administrative Code › Agency 235 - DEPARTMENT OF LABOR AND LICENSING › Division 10 - Arkansas Real Estate Commission › Rule 235.10.20-002 - 4.6 Pre-Licensure Criminal Background Check and Waiver Request

Current through Register Vol. 49, No. 6, June, 2024
SECTION 4.
APPLICATION AND EXAMINATION; EDUCATION AND EXPERIENCE REQUIREMENTS;
			 AUTOMATIC LICENSURE FOR ACTIVE DUTY SERVICE MEMBERS, RETURNING MILITARY
			 VETERANS, AND THEIR SPOUSES; AND, PRE-LICENSURE CRIMINAL BACKGROUND CHECK AND
			 WAIVER REQUEST.
4.1
Applications; education; experience.
Applicants for original licensure as a broker or salesperson
				must apply on forms provided by the Commission, pay the application fee
				established by these Regulations, and meet the following requirements:
(a) Broker applicants must provide proof of
			 the following:
(1) Attainment of the age of
			 majority, which proof may consist of a birth certificate or copy thereof,
			 driver's license, or other document or proof of age which is satisfactory to
			 the Commission;
(2) Successful
			 completion within thirty six (36) months immediately preceding the date of the
			 application of a course or courses of instruction in real estate by actual
			 classroom attendance or completion of approved distance education of which at
			 least forty-five (45) hours are in a course developed by the Commission, for a
			 total of not less than sixty (60) classroom hours. Proof of completion of such
			 education requirement shall consist of the original certificate(s), or
			 certified copies thereof, from the school or organization or other
			 documentation satisfactory to the Commission;
(3)
(A)
			 Service by the applicant of an active bona fide apprenticeship by holding a
			 valid real estate salesperson's license issued by the Commission, or by holding
			 a valid real estate salesperson's license or broker's license issued by the
			 appropriate licensing agency of another state, for a period of not less than
			 twenty four (24) months within the previous forty eight (48) month period
			 immediately preceding the date of application, which proof may consist of the
			 official license records of the Commission or certified copies of licensure
			 records of the appropriate licensing agency of another state, plus such other
			 documentation as the Commission deems satisfactory to demonstrate that the
			 applicant has gained experience in the real estate business equal to that which
			 would be gained by a person engaged in the real estate business on a full time
			 basis during a minimum two year period of time; Listings, sales or other
			 licensed activities may be considered by the commission in determining whether
			 the applicant meets this qualification; Consideration shall be given to the
			 broker applicant's local real estate market and/or specialized area of real
			 estate practice. Any person whose application for broker license is denied by
			 the executive director may appeal such denial to the Commission provided the
			 request is in writing and received in the office of the Commission not later
			 than sixty (60) days following the date of denial by the executive
			 director.
(B) However, pursuant to
			 Section § 17-42-303(b)(2) the Commission may waive such experience
			 requirement for a real estate broker applicant who has held an active real
			 estate broker's license for a period of not less than eighteen (18) months or
			 who has experience acceptable to the commission in a field considered real
			 estate related for a period of not less than twenty-four months within the
			 previous forty-eight-month period immediately preceding the date of
			 application. Each request for such waiver shall be in writing and shall include
			 such proof as necessary to establish the applicant's eligibility for the
			 waiver. Such proof may consist of the official license records of the
			 Commission, certified copies of license records of the appropriate licensing
			 agency of another state, or such other documentation as the Commission deems
			 satisfactory;
(4) The
			 applicant's affidavit that he/she has no record of unprofessional
			 conduct;
(5) Any other information
			 or documents related to professional licenses held by the applicant; formal
			 disciplinary actions by regulatory agencies; or, pending lawsuits filed or
			 judgments entered against the applicant for fraud, deceit, dishonesty,
			 misrepresentation, or conversion of property including money belonging to
			 another.