17-14-203. Powers and duties — In general.

17-14-203. Powers and duties — In general. In accordance with these general powers and duties, the Arkansas Appraiser Licensing and Certification Board shall: (1) Perform all duties and functions necessary to carry out this chapter; (2)(A) Receive applications for registering, licensing, and certification. (B) The application shall include the applicant's consent to a state criminal background check and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations; (3) Establish administrative procedures for processing applications; (4)(A)(i) Approve and issue registration, licenses, and certificates to qualified applicants or disapprove applications for registering, licensing, and certification for applicants who do not meet the minimum requirements as prescribed in this chapter. (ii) The minimum requirements shall include a determination that the applicant possesses a background that does not call into question public trust or the applicant's fitness for registration, licensure, or certification. (B) All application materials and records submitted to the Arkansas Appraiser Licensing and Certification Board shall be retained by the Arkansas Appraiser Licensing and Certification Board; (5)(A) Maintain a roster of the names, addresses, email addresses, and telephone numbers of all persons licensed and certified under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., and, in accordance with sections 1103(a)(3) and 1109(a)(1) of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, shall submit this roster monthly to the Appraisal Subcommittee. (B) This roster may be published and periodically updated and provided to all interested parties at cost; (6)(A) Establish by rule the minimum examination, education, experience, and continuing education requirements for state-registered, state-licensed, registered apprentice, and state-certified appraisers. (B)(i) The criteria for a state-registered appraiser shall be less rigorous than the criteria for a state-licensed appraiser. (ii) The criteria for a state-licensed appraiser shall be less rigorous than the criteria for a state-certified appraiser. However, the criteria will ensure that licensed appraisers have sufficient experience and training to perform appraisals for transactions within and in compliance with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. (C) These rules shall at all times be equivalent to the minimum appraiser-qualification criteria as promulgated by the Appraiser Qualifications Board of the Appraisal Foundation for state-licensed, registered apprentice, and state-certified appraisers performing federally related transactions. (D) With respect to examinations, these rules shall at all times require minimum examination contents that are equivalent to the national uniform examination content as promulgated by the Appraiser Qualifications Board of the Appraisal Foundation and shall provide for the selection and utilization of a testing service acceptable to the Appraiser Qualifications Board of the Appraisal Foundation. (E)(i) Every application for registering, licensing, and certifying shall be accompanied by an application fee and a criminal background check fee that the Arkansas Appraiser Licensing and Certification Board may establish by rule. (ii) However, the Arkansas Appraiser Licensing and Certification Board, at its discretion, may direct each applicant to pay the actual cost of the examination fee directly to a testing service engaged by the Arkansas Appraiser Licensing and Certification Board to administer the examination. (F)(i) The application fee to upgrade a credential from registered apprentice to state-licensed or to state-certified shall not exceed one hundred dollars ($100). (ii) The application fee to upgrade a credential from state-licensed to state-certified shall not exceed fifty dollars ($50.00). (G) The total annual resident registering, licensing, certification, and application fees established by the Arkansas Appraiser Licensing and Certification Board shall not exceed three hundred dollars ($300), excluding fees for: (i) Applicable examination and federal pass-through fees; and (ii) Criminal background check fees. (H) Courses, schools, seminars, and any other educational programs must be recognized by the Arkansas Appraiser Licensing and Certification Board as acceptable to satisfy registration, licensing, and certification standards and continuing education requirements under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.; (7)(A) Establish administrative procedures for disciplinary proceedings conducted under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. (B) The administrative procedures shall include provisions for the suspension and revocation of registration, licenses, and certificates and the enforcement of civil penalties concurrent with existing statutes regarding civil procedures; (8) Subpoena and issue subpoena duces tecum and to bring before it any person in this state, and to take testimony by deposition, in the same manner as prescribed by law in judicial proceedings in the courts of this state or to require production of any records relevant to any inquiry or hearing by the Arkansas Appraiser Licensing and Certification Board; (9) Recommend procedures necessary to assure the ready availability to appraisers in the state of adequate and reliable information regarding property prices and the terms and conditions of real estate and real property transactions and related financing; (10) Establish administrative procedures for the setting, charging, and collecting of fees necessary for the operation of the Arkansas Appraiser Licensing and Certification Board and to concurrently collect and submit to the proper agency as prescribed under Section 1109(a)(4) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and any other related federal law, any additional fees that may from time to time be required to be paid by appraisers whose practices include the appraisal of properties included in federally related transactions; (11) Be authorized to adopt and enforce such administrative rules as may be necessary to comply with state law and federal law with specific reference to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 as it exists today and as it may be amended and adopted by the Appraisal Subcommittee; and (12)(A)(i) Obtain a state criminal background check performed by the Identification Bureau of the Division of Arkansas State Police and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations for all applicants for a real property appraiser registration, license, or certification to determine if the applicant possesses a background that does not call into question public trust or the applicant's fitness for registration, licensure, or certification. (ii) Subdivision (12)(A)(i) of this section applies to an application for a state-registered appraiser credential, an application for a registered apprentice appraiser credential, an application to upgrade an existing appraiser credential, an application to reinstate an appraiser credential that has been inactive for more than twelve (12) months, and an application for a new reciprocal appraiser credential. (iii) Subdivision (12)(A)(i) of this section does not apply to an application for a temporary practice permit. (B) An applicant shall provide all information requested by the Arkansas Appraiser Licensing and Certification Board to assist making the determination. (C) Factors to consider in making the determination include without limitation whether the applicant: (i) During the five (5) years immediately preceding the date of the application was convicted of, or pled guilty or nolo contendere to, a crime that would call into question the applicant's fitness for registration, licensure, or certification, including without limitation a crime involving: (a)(1) An act substantially related to the qualifications, functions, or duties of an appraiser. (2) A crime or act may be deemed substantially related to the qualifications, functions, or duties of an appraiser if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a real property appraiser credential to perform the functions authorized by the credential; (b) Taking, appropriating, or retaining the funds or property of another; (c) Forging, counterfeiting, or altering an instrument affecting the rights or obligations of another; (d) Evasion of a lawful debt or obligation, including without limitation a tax obligation; (e) Trafficking in narcotics or controlled substances; (f) Violation of a relation of trust or confidence; (g) Theft of personal property or funds; (h) An act of violence or threatened violence against persons or property; or (i) A sexually related crime or act under § 5-14-101 et seq.; (ii) Has had an appraiser registration, license, certification, or credential of any type revoked in any governmental jurisdiction; (iii) Performed any act which if done by an appraiser would be grounds to revoke or suspend the appraiser's license or certification; (iv) Knowingly made a false statement of material fact required to be disclosed in an application for any professional license or certification; (v) Has been prohibited from participating in the affairs of an insured depository institution under Section 19(a) of the Federal Deposit Insurance Act, 12 U.S.C. § 1829; (vi) Misrepresented facts or information on the appraiser registration, license, or certification application; or (vii) Cheated on an examination for a real property appraiser registration, license, or certification.