(a) Grounds for disciplinary action. The State Board of Appraisers, Abstracters, and Home Inspectors may, upon its own motion or upon written complaint of any person, and after notice of hearing as prescribed by the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., suspend or revoke the registration, license, or certification of any registered licensee or certificate holder and issue a fine up to the amount of one thousand dollars ($1,000) per violation occurrence or take other appropriate action for:

1. (1) Violation of any provision of the Arkansas Appraiser Licensing and Certification Act, Arkansas Code § 17-14-101 et seq., Arkansas Code § 17-14-201 et seq., and Arkansas Code § 17-14-301 et seq., or this part;
2. (2) Falsifying any application for licensure or certification or otherwise providing any false information to the board;
3. (3) Conviction in any jurisdiction of any offense listed in Arkansas Code § 17-3-102;
4. (4) Any actions demonstrating untrustworthiness, incompetence, dishonesty, gross negligence, material misrepresentation, fraud, or unethical conduct in any dealings subject to the Arkansas Appraiser Licensing and Certification Act or this part;
5. (5) Adjudication of insanity;
6. (6) Use of advertising or solicitation which is false, misleading, or is otherwise deemed unprofessional by the board;
7. (7) Employing directly or indirectly any unregistered or unlicensed person to perform any actions subject to the Arkansas Appraiser Licensing and Certification Act or this part;
8. (8) Habitual or excessive use of intoxicants or illegal drugs; and
9. (9) Failure to meet continuing education requirements within the proper time period.

(b) Complaints and board procedures.

1. (1) The board may conduct disciplinary proceedings from time to time and may cause the actions of a registered, licensed, or certified appraiser against whom a complaint has been filed to be investigated.

2. (2)

   1. (A) For a complaint to be considered, the complainant shall file the complaint in writing.
   2. (B) Complaints shall be filed within three (3) years from the report date.
   3. (C) The written complaint should specifically state:

(i) The issues of the complaint; and

1. (ii) The date or dates on which the events causing or leading to the complaint occurred.
2. (3) The Executive Director of the State Board of Appraisers, Abstracters, and Home Inspectors, investigator, or authorized employee of the board, upon receiving any such complaint, shall present the complaint to a board committee or panel to determine if the board has jurisdiction to proceed.
3. (4) The board may initiate its own complaint when sufficient documents and information (that is, appraisal reports, reviews, or outlined deficiencies) are available on which to conclude that the USPAP, the state law, or this part may have been violated.

4. (5)

   1. (A) If jurisdiction is established or the board initiates its own complaint, the executive director or board staff shall notify in writing every person complained against and provide that person an opportunity to respond in writing.
   2. (B) A copy of the written complaint shall be furnished to the appraiser under investigation and a copy of the appraiser’s response shall be furnished to the complainant.
   3. (C) Appraisers failing to respond in writing within thirty (30) days of receipt of the complaint will be deemed unresponsive and the complaint will be further considered without benefit of the appraiser’s input.
5. (6) The executive director, investigator, or authorized employee may proceed at any time after jurisdiction has been established to investigate said complaint and take statements from any person thought to have any knowledge of any facts pertaining thereto.

6. (7) The board may request the registered, licensed, or certified appraiser under investigation to:

   1. (A) Answer the charges made against him or her in writing;
   2. (B) Produce relevant documentary evidence; and
   3. (C) Appear before the board.
7. (8) Every properly filed complaint shall be presented to and reasonably disposed of by the board.

8. (9) Records of ongoing disciplinary proceedings and investigations shall not be disseminated by the board or its staff to the public unless:

   1. (A) A request has been made pursuant to the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.; or
   2. (B) Unless otherwise required by law.

9. (10) Disciplinary hearings shall be conducted according to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

   1. (c) Complaint adjudication and publication of action.
10. (1) Any appraiser who fails to timely renew their registration, license, or certification or elects to surrender their license or certification while a complaint is pending, will be unable to have their license reinstated until the complaint has been resolved.

11. (2) If a disciplinary hearing or informal conference is pending at the time of surrender:

    1. (A) The scheduled hearings will proceed with or without the appraiser’s participation; and
    2. (B) Any disciplinary action resulting from the hearing shall be placed in the appraiser’s file and addressed prior to any reinstatement of their credentials.
12. (3) Appraisers who have their license suspended or revoked are prohibited from performing any and all duties and responsibilities, e.g., researching data or assisting associates with the development and reporting of real property appraisals.
13. (4) In those instances where the board suspends, revokes, or a license or certification is surrendered during an investigation or while formal charges are pending, notice of such action shall be published in the board’s newsletter and any other appropriate publications, which will communicate such actions taken against an appraiser’s license.