(b) Each applicant shall:

1. (1)

   1. (A) Be of good reputation, trustworthy, and competent to transact the business of an auctioneer, in such a manner as to safeguard the interest of the public.
   2. (B) In furtherance of this requirement, each applicant shall provide two (2) letters of reference to the board that indicate the applicant is well-known to the individual and that he or she bears a good reputation for honesty, truthfulness, and integrity;
2. (2) Be at least eighteen (18) years of age;
3. (3) Provide a completed application;
4. (4) Provide a completed individual record check form;
5. (5) Provide a completed Federal Bureau of Investigation fingerprint card;
6. (6) Enclose a check or money order for an examination fee of one hundred dollars ($100);
7. (7) Enclose a check or money order for a license fee of one hundred dollars ($100) (if applying for reciprocity see subdivision (b)(10) of this section);
8. (8) Enclose a check in the appropriate amount as provided by the board office made payable to “Arkansas Auctioneer’s Licensing Board” for a state background check;
9. (9) Enclose a check in the appropriate amount as provided by the board office made payable to the Division of Arkansas State Police for a federal background check;
10. (10) Enclose a check or money order for the recovery fund fee of one hundred dollars ($100);
11. (11) Enclose a current photograph full-face, passport-type two by two inch (2” x 2”) of head and shoulders taken within the past six (6) months; and

12. (12)

    1. (A) Submit to a criminal background check.
    2. (B) All individuals seeking initial licensure as an auctioneer or an individual seeking reinstatement of licensure as an auctioneer in the State of Arkansas shall submit to a state and federal criminal background check.

(c) Disqualifying conviction.

1. (1) If an individual has been convicted of an offense listed in Arkansas Code § 17-3-102, the board may waive disqualification of a potential applicant or revocation of a license based on the conviction if a request for a waiver is made by:

   1. (A) An affected applicant for a license; or
   2. (B) An individual holding a license subject to revocation.

2. (2) The board may grant a waiver upon consideration of the following, without limitation:

   1. (A) The age at which the offense was committed;
   2. (B) The circumstances surrounding the offense;
   3. (C) The length of time since the offense was committed;
   4. (D) Subsequent work history since the offense was committed;
   5. (E) Employment references since the offense was committed;
   6. (F) Character references since the offense was committed;
   7. (G) Relevance of the offense to the occupational license; and
   8. (H) Other evidence demonstrating that licensure of the applicant does not pose a threat to the health or safety of the public.
3. (3) A request for a waiver, if made by an applicant, must be in writing and accompany the completed application and fees.
4. (4) The board will respond with a decision in writing and will state the reasons for the decision.
5. (5) An appeal of a determination under this section will be subject to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

(d) License fee waiver. The board shall waive the initial licensing fee if the applicant:

1. (1) Is receiving assistance through the:

   1. (A) Arkansas Medicaid Program;
   2. (B) Supplemental Nutrition Assistance Program;
   3. (C) Special Supplemental Nutrition Program for Women, Infants, and Children;
   4. (D) Temporary Assistance for Needy Families Program; or
   5. (E) Lifeline Assistance Program;
2. (2) Was approved for unemployment within the last twelve (12) months; or
3. (3) Has an income that does not exceed two hundred percent (200%) of the federal poverty income guidelines.