(a) Requirement for salesperson’s license.

1. (1) Application forms shall be supplied by the agency.
2. (2) Each application shall be accompanied by the following before the license is granted: Fees set forth for licensing.
3. (3) The Arkansas Manufactured Home Commission may require an examination of applicants for modular home salespeople based on knowledge of laws and rules pertaining to modular homes.
4. (4) The applicant shall be in good standing with the commission and shall not have any unpaid civil penalties or outstanding obligations to the commission.

5. (5)

   1. (A) Any person applying for an initial retail salesperson’s license with the commission shall be subject to a criminal background check.
   2. (B) If the criminal background check shows that the applicant has been convicted of a felony, the certification will not be granted without a hearing before the commission and approval by the commission.

(b) License fee.

1. (1) Original license and annual renewal fees shall be fifty dollars ($50.00), payable by the manufacturer or retailer.
2. (2) Licenses shall remain the property of the manufacturer or retailer and shall not be able to be transferred to individuals other than the original licensee.

(d) Reciprocity. An applicant applying for reciprocal licensure as salesperson shall meet the following requirements:

1. (1) Hold a substantially similar license in another United States jurisdiction;
2. (2) Provide proof of having met similar educational and testing requirements as set out in subdivision (a)(3) of this section, above to attain a salesperson’s license in another United States jurisdiction; and
3. (3) Provide proof that the salesperson’s license from another United States jurisdiction is held in good standing, has not been revoked for an act of bad faith or a violation of law, rule, or ethics, and that the license is not probationary and has not been suspended.

(e) Required documentation for reciprocal licensure. An applicant applying for reciprocal licensure as a salesperson shall submit the following:

1. (1) A fully executed application and the required fees;
2. (2) Evidence of current and active licensure in another United States jurisdiction, verifiable by commission staff online or by telephone to the other state’s licensing board;
3. (3) Evidence that the educational requirements for salespeople in the other United States jurisdiction are substantially similar to those listed in subdivision (a)(3) of this section, verifiable online or by telephone;
4. (4) The names of all states in which the applicant is licensed or has been licensed; and
5. (5) Letters of good standing or other information from each state in which the applicant is or has been licensed showing applicant has not had a license revoked for the reasons listed in subdivision (d)(3) of this section and does not hold a probationary license or a license that has been suspended, verifiable online or by telephone.

(f) Temporary and provisional license.

1. (1) The commission shall issue a temporary and provisional license immediately upon receipt of an application, the required fee, and the documentation required under subdivisions (e)(1) – (2) of this section.
2. (2) The temporary and provisional license shall be effective until the commission makes a decision on the application, unless the commission determines the applicant does not meet the requirements of subdivisions (d)(1) – (3) of this section, in which case the temporary and provisional license shall be revoked immediately.
3. (3) An applicant may provide the rest of the documentation required above in order to receive a license, or the applicant may only provide the information necessary for the issuance of a temporary and provisional license, which will be effective for ninety (90) days.

(g) License for person from a state that does not license salespeople.

1. (1) An applicant from a state that does not license modular home salespeople shall meet the following requirements:

   1. (A) Be sufficiently competent as a modular home salesperson; and
   2. (B) Provide proof of having met similar educational and testing requirements as set out in subdivision (a)(3) of this section, above to attain a salesperson’s license in another United States jurisdiction;
2. (2) An applicant shall submit a fully executed application, the required fee, and the documentation described: Letters of recommendation from prior employer or employers or customer or customers with knowledge of applicant’s experience as a modular home salesperson.

(h) Reciprocity and state-specific education.

1. (1) The commission may require an applicant to take an examination presented or approved by the commission based on knowledge of Arkansas laws and rules, and on basic skills pertaining to the sales of modular homes, if the applicant is licensed in another state that does not offer reciprocity to Arkansas residents that is similar to reciprocity to out-of-state applicants under Arkansas Code § 17-1-108.

2. (2) Reciprocity in another state will be considered similar to reciprocity under Arkansas Code § 17-1-108 if the reciprocity provisions of the other state:

   1. (A) Provide the least restrictive path to licensure for Arkansas applicants;
   2. (B) Does not require Arkansas applicants to participate in the apprenticeship, education, or training required as a prerequisite to licensure of a modular home salesperson in that state, except that the state may require Arkansas applicants to participate in continuing education or training that is required for all salespeople in that state to maintain licensure; and
   3. (C) Does not require Arkansas applicants to take a state-specified education, unless required under the same conditions described in Arkansas Code § 17-1-108.