(a)

1. (1) A complaint that, together with the answer, if any, and the results of any investigation conducted by the Executive Director of the Arkansas Real Estate Commission, establishes a prima facie violation of the Real Estate License Law, Arkansas Code § 17-42-101 et seq., or this part shall be presented to and reasonably disposed of by the Arkansas Real Estate Commission.
2. (2) Likewise, any investigation initiated and conducted by the executive director without a formal complaint that results in a determination by the executive director that there exists a prima facie violation of the Real Estate License Law or this part shall also be presented to and reasonably disposed of by the commission.

(b)

1. (1) Any person whose complaint is dismissed by the executive director without a hearing may appeal such dismissal to the commission in the following manner:

   1. (A) The request for appeal must be in writing and received in the offices of the commission not later than sixty (60) days following the date of dismissal by the executive director;
   2. (B) The request for appeal must be accompanied by the appeal filing fee; and
   3. (C)

(i) The commission staff shall determine the cost of preparing the record for the commission’s review, which cost shall be paid by the appellant within thirty (30) days after notification of the amount.

1. (ii) Otherwise, the appeal will be dismissed.

2. (2)

   1. (A) Upon submission of the appeal, the commission shall review the written record and either uphold or overrule the executive director's decision.
   2. (B) The parties may submit written arguments but no new evidence.
   3. (C) Any newly discovered evidence must first be presented to the executive director.
   4. (D) If the decision is overruled, the commission may either order a hearing or request further investigation or documentation of the complaint.
   5. (E) If the commission review results in a hearing being ordered on the complaint, both the filing fee and the cost of preparing the record shall be refunded to the appellant.
3. (3) Provided, however, that a person may not appear before the commission in connection with any matter pending before the commission for administrative adjudication except upon notice and opportunity for all parties to participate.