(a)

1. (1) All individuals licensed, registered, or certified by the State Board of Appraisers, Abstracters, and Home Inspectors are required to provide and maintain current mailing and email address and contact information on file with the board so that the board can remain in contact and provide any and all notices from the board.
2. (2) The licensed, registered, or certified individual is required to provide written notice to the board of any change in contact information within ten (10) working days of the change.
3. (3) All board notices sent by mail will be addressed to the latest address on file with the board.

(c) Workforce Expansion Act of 2021.

1. (1)

   1. (A) Pursuant to Arkansas Code § 17-5-101 et seq., an applicant may receive a waiver of his or her initial licensure fee, if eligible.
   2. (B) Eligible applicants are applicants who:

(i) Are receiving assistance through the Arkansas Medicaid Program, the Supplemental Nutrition Assistance Program, the Special Supplemental Nutrition Program for Women, Infants and Children, the Temporary Assistance for Needy Families Program, or the Lifeline Assistance Program;

1. (ii) Were approved for unemployment within the last twelve (12) months; or

   1. (iii) Have an income that does not exceed two hundred percent (200%) of the federal poverty income guidelines.

2. (2) Applicants shall provide documentation showing their receipt of benefits from the appropriate state agency as follows:

   1. (A) For those applicants receiving assistance under subdivision (c)(1)(B)(i) of this section, documentation from the Department of Human Services;
   2. (B) For unemployment benefits approval in the last twelve (12) months, the Division of Workforce Services; or
   3. (C) For proof of income, copies of all Internal Revenue Service forms indicating applicant’s total personal income for the most recent tax year, e.g., W2, 1099, etc.

3. (3)

   1. (A) An applicant seeking a waiver will be required to provide a signed affidavit confirming that he or she qualifies for waiver based on the conditions listed in subdivision (c)(1) of this section and may be required by the board to submit documentation for verification purposes.

   2. (B) Applicants shall also attest that any documentation provided under subdivision (c)(2) of this section is a true and correct copy and fraudulent or fraudulently obtained documentation shall be grounds for denial or revocation of his or her license.

      1. (d) Criminal record.
4. (1) An individual is not eligible to receive or hold a license if that individual has pleaded guilty or nolo contendere to or been found guilty of any of the offenses listed in Arkansas Code § 17-3-102(a) or Arkansas Code § 17-3-102(e) 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, unless the conviction was lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013, Arkansas Code § 16-90-1401 et seq., or otherwise previously sealed, pardoned, or expunged under prior law.

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

6. (3) 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.
7. (4) A request for a waiver, if made by an applicant, must be in writing and accompany the completed application and fees.
8. (5) The board will respond with a decision in writing and will state the reasons for the decision.
9. (6) An appeal of a determination under this section will be subject to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

(e) Prelicensure criminal background check.

1. (1) Pursuant to Arkansas Code § 17-3-103, 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 board.
3. (3) The board will respond with a decision in writing to a completed petition within a reasonable time.
4. (4) The board’s response will state the reason or reasons for the decision.
5. (5) All decisions of the board in response to the petition will be determined by the information provided by the individual.
6. (6) Any decision made by the board in response to a prelicensure criminal background check petition is not subject to appeal.
7. (7) The board will retain a copy of the petition and response and it will be reviewed during the formal application process.

(f) Arkansas Occupational Licensing of Uniformed Service Members, Veterans, and Spouses Act of 2021, Arkansas Code 17-4-101 et seq.

1. (1) The board shall grant automatic licensure to an individual who is the holder in good standing of a license with a similar scope of practice issued by another state, territory, or district of the United States and is:

   1. (A) A uniformed service member stationed in the State of Arkansas;
   2. (B) A uniformed service veteran who resides in or establishes residency in the State of Arkansas; or

   3. (C) The spouse of:

      1. (i) A person under subdivision (f)(1)(A) or subdivision (f)(1)(B) of this section;
      2. (ii) A uniformed service member who is assigned a tour of duty that excludes the uniformed service member’s spouse from accompanying the uniformed service member and the spouse relocates to this state; or
      3. (iii) A uniformed service member who is killed or succumbs to his or her injuries or illness in the line of duty if the spouse establishes residency in the state.

2. (2) The board shall grant such automatic licensure upon receipt of all the below:

   1. (A)

      1. (i) A completed written Uniformed Service Member Application form.
      2. (ii) The form is available on the board’s website or from the board office;
   2. (B) Payment of the initial licensure fee;
   3. (C) Evidence that the individual is a holder in good standing of a license with a similar scope of practice in another jurisdiction; and
   4. (D) Evidence that the applicant is a qualified applicant under subdivision (f)(1) of this section.
3. (3) The expiration date of a license for a deployed uniform service member or spouse will be extended for one hundred eighty (180) days following the date of the uniformed service member’s return from deployment.
4. (4) A full exemption from continuing education requirements will be allowed for a deployed uniform service member or spouse until one hundred eighty (180) days following the date of the uniformed service member’s return from deployment.
5. (5) The board shall accept relevant and applicable uniformed service education, training, national certification, or service-issued credential toward licensure qualifications or requirements when considering an application for licensure of an individual under subdivision (f)(1) of this section.

(g) Application denial.

1. (1) If the board finds that there is substantial reason to deny the application for licensure, the board shall notify the applicant that the application has been denied.

2. (2)

   1. (A) The board shall afford the applicant an opportunity for a hearing before the board to show cause why the application should not be denied.
   2. (B) Such requests must be sent to the board within thirty (30) calendar days from the date notification is received from the board to appeal the decision.
3. (3) All proceedings concerning the denial shall be governed by the Arkansas Administrative Procedure Act.
4. (4) The applicant has the burden of establishing entitlement to the license.