Certificate of registration — Reciprocity and out-of-state certification
Arkansas Code § 17-11-403; Arkansas Code § 17-14-203
(a) Reciprocity.
(1) An applicant for a reciprocal certificate of registration pursuant to Arkansas Code § 17-1-108(c) and (d)(1)(A) shall meet the following requirements:
- (A) The applicant shall hold a substantially similar certificate in another United States jurisdiction;
- (B) The applicant shall hold his or her certificate in good standing;
- (C) The applicant shall not have had a certificate revoked for:
(i) An act of bad faith; or
(ii) A violation of law, rule, or ethics;
- (D) The applicant shall not hold a suspended or probationary certificate in a United States jurisdiction; and
- (E) The applicant shall be sufficiently competent as an abstracter.
(2)
- (A) An applicant for a reciprocal certificate of registration shall submit a fully executed application, the required fee, and the documentation described below.
(B) As evidence that the applicant’s certificate from another jurisdiction is substantially similar to Arkansas’s, the applicant shall submit the following information:
- (i) Evidence of current and active certification in that state; and
- (ii) Evidence that the other state’s certification requirements match those listed in 17 CAR § 200-401.
(C) To demonstrate the applicant meets the requirements in subdivision (a)(1) of this section, the applicant shall provide the State Board of Appraisers, Abstracters, and Home Inspectors with:
- (i) The names of all states in which the applicant is currently certified or has been previously certified; and
- (ii) Letters of good standing or other information from each state in which the applicant is currently or has ever been certified showing that the applicant has not had his or her certificate revoked for bad faith or a violation of law, rule, or ethics and does not hold a certificate on suspended or probationary status.
(D) As evidence that the applicant is sufficiently competent, an applicant shall:
- (i) Provide proof of at least one (1) year of verified land title-related experience to the board; and
- (ii) Provide proof of the passage of a proficiency examination given by the board or other jurisdiction.
(3) Provisional certificate.
(A) A provisional certificate of registration pursuant to Arkansas Code § 17-1-108 shall be issued immediately upon receipt of:
- (i) An application;
- (ii) The twenty-five-dollar examination fee; and
- (iii) The documentation required under subdivision (a)(2) of this section.
- (B) The provisional certificate of registration shall be effective for at least ninety (90) days or until the next regularly scheduled examination that can be taken by the applicant.
- (C) After issuance of the provisional certificate of registration, if the board determines that the applicant does not meet the requirements of subdivision (a)(1) of this section, the board may immediately revoke the provisional certificate of registration.
- (D) An applicant may provide the rest of the documentation required above to receive a certificate of registration, or the applicant may provide only the information necessary for the issuance of a temporary certificate of registration under 17 CAR § 200-404.
(4) An applicant from a state that does not register abstracters shall meet the following requirements in accordance with Arkansas Code § 17-1-108(d)(2) to be registered in Arkansas:
- (A) Submit an application and appropriate fee;
- (B) Demonstrate sufficient competency as an abstracter by providing proof of at least one (1) year of verified land title-related experience to the board; and
- (C) Pass a proficiency examination given by the board.
(b) Out-of-state certification.
(1) The board shall grant automatic certification to an applicant that is a resident of the State of Arkansas and meets the following requirements:
- (A) An applicant does not have a disqualifying criminal offense under Arkansas Code § 17-3-102; and
- (B) An applicant does not have a complaint, allegation, or violation pending for his or her abstracter activity.
(2) Applicant shall:
- (A) Be in good standing for one (1) year as a certified abstracter in another state, territory, or district of the United States with similar scope of practice; or
(B) Be an individual who worked:
- (i) In another state, territory, or district of the United States that does not use an occupational certification to regulate abstracters but is regulated by certification in this state; and
- (ii) At least three (3) years in the abstracter or land title-related field.
- (3) An applicant shall meet all other certificate of registration requirements for a resident of this state and all renewal requirements of the certificate of registration.
(4)
- (A) Notwithstanding the requirements in subdivisions (b)(1) – (3) of this section, an applicant may be required to pass an examination specific to relevant state laws that regulate abstracters.
(B) The board may waive the examination requirement if it finds that:
- (i) The applicant’s education, training, and experience is sufficient substitute for the requirement; and
- (ii) Such waiver of the requirements will not harm public health, safety, or welfare.