(a) Applicants for original licensure as a broker or salesperson must:

1. (1) Apply on forms provided by the Arkansas Real Estate Commission;
2. (2) Pay the application fee established by this part; and
3. (3) Meet the following requirements.

(b) Broker applicants must provide proof of the following:

1. (1) Attainment of the age of majority, which proof may consist of:

   1. (A) A birth certificate or copy thereof;
   2. (B) A driver's license; or
   3. (C) Another document or proof of age that is satisfactory to the commission;

2. (2)

   1. (A) 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.
   2. (B) Proof of completion of such education requirement shall consist of:

(i) The original certificate or certificates, or certified copies thereof, from the school or organization; or

1. (ii) Other documentation satisfactory to the commission;

2. (3)

   1. (A)

      1. (i) 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-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.
      2. (ii) Listings, sales, or other licensed activities may be considered by the commission in determining whether the applicant meets this qualification.
      3. (iii) Consideration shall be given to the broker applicant’s local real estate market and/or specialized area of real estate practice.
      4. (iv) Any person whose application for broker license is denied by the Executive Director of the Arkansas Real Estate Commission 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.

   2. (B)

      1. (i) However, pursuant to Arkansas Code § 17-42-303(b)(2), the commission may waive such experience requirement for a real estate broker applicant who has:

(b) (b) 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.

1. (ii) Each request for such waiver shall:

(b) (b) Include such proof as necessary to establish the applicant’s eligibility for the waiver.

1. (iii) Such proof may consist of:

(b) (b) Certified copies of license records of the appropriate licensing agency of another state; or

1. (c) (c) Such other documentation as the commission deems satisfactory;
2. (4) The applicant's affidavit that he or she has no record of unprofessional conduct; and

3. (5) Any other information or documents related to:

   1. (A) Professional licenses held by the applicant;
   2. (B) Formal disciplinary actions by regulatory agencies; or

   3. (C) Pending lawsuits filed or judgments entered against the applicant for:

      1. (i) Fraud;
      2. (ii) Deceit;
      3. (iii) Dishonesty;
      4. (iv) Misrepresentation; or
      5. (v) Conversion of property including money belonging to another.
      6. (c) Salesperson applicants must provide proof of the following:

4. (1) Attainment of the age of majority, which proof may consist of:

   1. (A) A birth certificate or copy thereof;
   2. (B) A driver's license; or
   3. (C) Another document or proof of age that is satisfactory to the commission;

5. (2) Successful completion of a course or courses of instruction in real estate by actual classroom attendance or completion of approved distance education courses of not less than sixty (60) classroom hours, of which at least thirty (30) hours must be in the basic principles of real estate, which proof shall consist of:

   1. (A) The original certificate or certificates, or certified copies thereof, from the school or other organization; or
   2. (B) Other documentation satisfactory to the commission;
6. (3) The applicant's affidavit that he or she has no record of unprofessional conduct; and

7. (4) Any other information or documents related to:

   1. (A) Professional licenses held by the applicant;
   2. (B) Formal disciplinary actions by regulatory agencies; or

   3. (C) Pending lawsuits filed or judgments entered against the applicant for:

      1. (i) Fraud;
      2. (ii) Deceit;
      3. (iii) Dishonesty;
      4. (iv) Misrepresentation; or
      5. (v) Conversion of property including money belonging to another.
      6. (d)
8. (1) The commission may require each original applicant for a salesperson or broker license, including nonresident applicants applying pursuant to Arkansas Code § 17-42-305, using forms furnished by and pursuant to instructions provided by the commission, to apply for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation pursuant to Arkansas Code § 17-42-315.
9. (2) “Criminal background check” means a state and nationwide criminal records check conducted by the Division of Arkansas State Police and the Federal Bureau of Investigation, including the taking of fingerprints.

10. (3)

    1. (A) Each such applicant shall submit, prior to or with the application for real estate examination, the form furnished by the commission authorizing the release of the applicant’s criminal background check report to the commission and shall pay any applicable fees associated with the state and federal criminal background checks, pursuant to written instructions provided by the commission.
    2. (B) The release form shall authorize the Identification Bureau of the Division of Arkansas State Police to forward all criminal history information obtained concerning the applicant in regard to any offense referred to in Arkansas Code § 17-42-315 to the commission.
11. (4) The criminal background check shall be completed within six (6) months immediately preceding the date the application for real estate license examination is received in the commission’s office, and if not, the application shall be returned to the applicant.

12. (5) Upon request and proof of identification satisfactory to the commission, the commission:

    1. (A) May make the report of any criminal information available to the applicant who is the subject of the report; and
    2. (B) Shall provide the applicant a reasonable time to challenge the accuracy or completeness of the information therein through the Identification Bureau of the Division of Arkansas State Police, pursuant to Arkansas Code § 12-12-211 and 12 CAR § 5-107(f).

13. (6)

    1. (A) Should an applicant challenge his or her conviction report, he or she shall notify the commission in writing.
    2. (B) After receipt of such notice, the commission shall not determine whether an applicant is qualified for the license applied for until the applicant has had reasonable opportunity to challenge said conviction report and shall not process the application until the challenge of said report is resolved by the Identification Bureau of the Division of Arkansas State Police and/or the Arkansas Crime Information Center.
    3. (C) The applicant shall notify the Identification Bureau of the Division of Arkansas State Police to forward to the commission changes in the applicant’s report as a result of any such challenge.
14. (7) Except as provided in Arkansas Code § 17-42-315(g), no person shall receive or hold a license issued by the commission if the person has been convicted 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 of an offense identified in Arkansas Code § 17-42-315(f).
15. (8) After a hearing the commission may waive a conviction identified in subdivision (d)(7) of this section, upon application of the applicant, pursuant to the provisions of Arkansas Code § 17-42-315(g).

(e)

1. (1) Broker applicants who have previously held an Arkansas real estate license shall not be required to:

   1. (A) Complete any prelicense education previously completed by the broker applicant; or (B) Demonstrate fulfillment of the requirements of subdivision (b)(3)(A) of this section. (2) Broker applicants who have previously held an Arkansas real estate license shall be required to: (A) Pay the application fee established by this part; (B) Comply with the requirements of subsection (d) of this section; (C) Provide an affidavit that he or she has no record of unprofessional conduct and is not holding a suspended or probationary professional license in any state; and (D) Provide any other information or documents related to:

      1. (i) Professional licenses held by the applicant;
      2. (ii) Formal disciplinary actions by regulatory agencies; or
      3. (iii) Pending lawsuits filed or judgments entered against the applicant for:

(b) (b) Deceit;

1. (c) (c) Dishonesty;

   1. (d) (d) Misrepresentation; or

(e) (e) Conversion of property including money belonging to another. (3) The executive director may waive the requirement to complete the broker licensure exam and may consider the following when granting a waiver under this subsection: (A) The length of time an Arkansas real estate broker license was held; and (B) The length of time since the applicant held an Arkansas real estate broker license. (4) Salesperson applicants who have previously held an Arkansas real estate salesperson license shall not be required to complete any prelicense education. (5) Salesperson applicants who have previously held an Arkansas real estate license shall be required to: (A) Pay the application fee established by this part; (B) Comply with the requirements of subsection (d) of this section; (C) Provide an affidavit that he or she has no record of unprofessional conduct and is not holding a suspended or probationary professional license in any state; and (D) Provide any other information or documents related to:

1. (i) Professional licenses held by the applicant;

   1. (ii) Formal disciplinary actions by regulatory agencies; or

      1. (iii) Pending lawsuits filed or judgments entered against the applicant for:

(b) (b) Deceit;

1. (c) (c) Dishonesty;

   1. (d) (d) Misrepresentation; or

(f) All classroom hours required by subsections (b) and (c) of this section shall be conducted by:

1. (1) An accredited postsecondary school wherever situated;
2. (2) A school or organization licensed by the commission; or
3. (3) A school or organization approved by a real estate licensing jurisdiction deemed equivalent by the commission.

(h) Both broker and salesperson applicants shall also answer all questions and provide all information requested on the examination application, and shall provide such other information or documentation as the commission may require.

1. (i)
2. (1) Applicants that have provided all requirements of this section may sit for the real estate examination, provided that a state and federal criminal background check, as required by Arkansas Code § 17-42-315, has been sent to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check.
3. (2) However, no license shall be issued upon successful completion of the examination, until receipt and approval by the commission of the state and federal criminal background check.

(j)

1. (1) All applications expire one (1) year after the date of the application or upon successful completion of the examination, whichever first occurs.
2. (2) Provided, however, that the application of an applicant who takes and passes either part of the examination within one (1) year from the date of his or her application shall not expire until the six (6) months allowed for retaking the failed portion pursuant to 17 CAR § 220-402(d) has expired.