Arkansas Real Estate

Commission

NOTICE OF PROPOSED RULES AND RULE AMENDMENTS

The Arkansas Real Estate Commission will hold a Public Hearing at 9:00 a.m. on Monday, April 11, 2022, in the Meeting Room of the Arkansas Real Estate Commission building, 612 South Summit Street, Little Rock, Arkansas and/or via a livestream platform for the purpose of receiving public or written comment on the adoption of amended Rules 4.5, 6.1, 11.1; proposed Rule 3.4; amended Rule 13.1; amended Rule 4.6; and proposed Rule 4.7.

Rules 4.5, 6.1 and 11.1 amend rules regarding automatic licensure for uniformed service members, veterans and their spouses. Subjects and issues involved are as follows:

Act 135 of 2021 repeals Act 820 of 2019 and other prior law dealing with occupational licensing of active duty servicemen, returning military veterans and their spouses. The Act requires occupational licensing agencies to provide for automatic licensure for uniformed service members, veterans, and their spouses to engage in their chosen professions. The Act also requires a licensing entity to extend certain expiration dates for licenses and allow a full exemption from certain education requirements for a deployed uniformed service member or spouse during deployment and up to 180 days after return. The purpose of amended Rules 4.5, 6.1 and 11.1 is to bring current licensing Rules into conformity with the Act.

Rule 3.4 establishes a waiver of the initial application fees for certain individuals and outlines the waiver’s qualifying criteria. Subjects and issues involved are as follows:

Act 725 of 2021 requires licensing entities to waive the initial license fee for applicants who: (1) are receiving assistance through the Arkansas Medicaid Program; the Supplemental Nutrition Program; the Special Supplemental Nutrition Program for Women, Infants and Children; the Temporary Assistance for Needy Families Program; or the Lifeline Assistance Program; or (2) were approved for unemployment within the last twelve (12) months; or (3) have an income that does not exceed two hundred percent (200%) of the federal poverty income guidelines. The purpose of new Rule 3.4 is to establish the waiver’s qualifying criteria for real estate license applicants.

Rule 13.1 amends rules regarding license fees to establish a time-share interest transfer service provider registration and renewal fee and bond amount. Subjects and issues involved are as follows:

Act 733 of 2021 establishes a registration requirement for time-share interest transfer services providers who operate in the state. The Act also establishes parameters for the operations of time-share interest transfer services providers and enforcement mechanisms when those providers fail to register as prescribed by law. The proposed amended rule will establish the registration and renewal fee and bond requirement amounts as set forth in the Act.

Rule 4.6 amends rules regarding pre-licensure criminal background checks and waiver requests. Subjects and issues involved are as follows:

Act 748 of 2021 amends the law regarding professional and occupational licensing restrictions based on criminal records to remove the permanent disqualification provision. The list of permanent disqualifications is now subject to the same provision as the list of disqualifying offenses for which a waiver must be obtained.

Rule 4.6 is amended to reflect that offenses previously considered permanently disqualifying are now considered disqualifying offenses for which an applicant must obtain a waiver in order to hold an occupational or professional license.

Rule 4.7 establishes that the Commission will grant a license to an applicant who fulfills the requirements for licensure and who holds a Federal Form I-766 USCIS Employment Authorization Document or “work permit”. Subjects and issues involved are as follows:

Act 746 of 2021 establishes that individuals who otherwise meet the requirements for holding an occupational or professional license in Arkansas and who hold a Federal Form I-766 USCIS-issued Employment Authorization Document (“work permit”) shall be issued a license. The proposed new rule 4.7 will establish that individuals holding a Federal Form I-766 USCIS EAD or “work permit” and who otherwise fulfill licensure requirements shall be issued a license by the Arkansas Real Estate Commission.

Copies of the proposed Rules may be obtained at www.arec.arkansas.gov or by writing the Arkansas Real Estate Commission at 612 South Summit Street, Little Rock, Arkansas 72201-4740. Written data used for arguments to proposed rules and rule amendments should be submitted to the above address at or prior to the time of the Public Hearing. The Commission may also permit oral testimony or argument at the Public Hearing. All appropriate COVID-19 screening and social distancing protocols in place at the time of the hearing will be observed, potentially limiting the number of participants admitted to the AREC building; therefore, the meeting will also be made available to participants via livestream. Individuals who wish to attend via livestream can obtain a link by which they may join the meeting on the April Commission Meeting agenda page at www.arec.arkansas.gov.

Arkansas State Government

Arkansas Real Estate Commission
612 South Summit Street, Little Rock, AR 72201-4740

Main Phone: 501-683-8010
Main Fax: 501-683-8020

Office Hours:
Monday – Friday | 8:00a – 4:30p

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