(a)

1. (1) Pursuant to Acts 2019, No. 990, an individual may petition for a prelicensure determination of whether the individual’s criminal record will disqualify the individual from licensure and whether a waiver may be obtained.
2. (2) The individual must obtain the prelicensure criminal background check petition form from the Arkansas Real Estate Commission.
3. (3) The commission will respond with a decision in writing to a completed petition within thirty (30) days of receipt.
4. (4) The commission’s response will state the reason or reasons for the decision.
5. (5) All decisions of the commission in response to the petition will be determined by the information provided by the individual.
6. (6) Any decision made by the commission in response to a prelicensure criminal background check petition is not subject to appeal.
7. (7) The commission will retain a copy of the petition and response and it will be reviewed during the formal application process.

(b)

1. (1) If an individual has been convicted of an offense listed in Arkansas Code § 17-3-102(a) or (e), the commission 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 an:

   1. (A) Affected applicant for a license; or
   2. (B) Individual holding a license subject to revocation.

2. (2) The commission 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; and
   7. (G) Other evidence demonstrating that licensure of the applicant does not pose a threat to the health or safety of the public.

(c) A request for a waiver, if made by an applicant for original licensure as a broker or salesperson, must:

1. (1) Be in writing; and
2. (2) Accompany the completed application and fees.

(d) The commission will:

1. (1) Respond with a decision in writing; and
2. (2) State the reasons for the decision.