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17-14-308. Violation of law — Civil penalties, injunctions, and venue.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-14-308. Violation of law — Civil penalties, injunctions, and venue.
(a)(1) It is unlawful for a person not registered, licensed, or 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., to perform an act or advertise to perform an act for which registration, licensure, or certification is required.
(2) A person is guilty of a Class A misdemeanor if the person:
(A) Acts as an appraiser within the meaning of this chapter without an appraiser classification;
(B)(i) With an interest in a real estate transaction involving an appraisal, improperly influences or attempts to improperly influence the development, reporting, result, or review of a real estate appraisal through intimidation, coercion, extortion, bribery, blackmail, threat of nonpayment or withholding payment for services, or threat of exclusion from future appraisal work.
(ii) Subdivision (a)(2)(B)(i) of this section does not prohibit a person from:
(a) Requesting an appraiser to:
(1) Consider additional information concerning the real estate appraisal;
(2) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or
(3) Correct errors in the appraisal report; or
(b) Withholding payment for an appraisal based upon a bona fide dispute concerning the appraiser's compliance with the appraisal standards adopted by the Arkansas Appraiser Licensing and Certification Board under this chapter.
(iii) A violation of this subdivision (a)(2)(B) is a ground for discipline against a person holding a license, certificate, or registration under this chapter; or
(C) Violates any other provision of this chapter.
(b)(1) Upon application by the board, a court may grant an injunction, res
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-14-308
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:17-14-308
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5b0aa4673128399667427afd324104f89c9fce49d368a2260eef255ca7851875
Source location: content.xml paragraph 2268
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17-14-308. Violation of law — Civil penalties, injunctions, and venue.
(a)(1) It is unlawful for a person not registered, licensed, or 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., to perform an act or advertise to perform an act for which registration, licensure, or certification is required.
(2) A person is guilty of a Class A misdemeanor if the person:
(A) Acts as an appraiser within the meaning of this chapter without an appraiser classification;
(B)(i) With an interest in a real estate transaction involving an appraisal, improperly influences or attempts to improperly influence the development, reporting, result, or review of a real estate appraisal through intimidation, coercion, extortion, bribery, blackmail, threat of nonpayment or withholding payment for services, or threat of exclusion from future appraisal work.
(ii) Subdivision (a)(2)(B)(i) of this section does not prohibit a person from:
(a) Requesting an appraiser to:
(1) Consider additional information concerning the real estate appraisal;
(2) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or
(3) Correct errors in the appraisal report; or
(b) Withholding payment for an appraisal based upon a bona fide dispute concerning the appraiser's compliance with the appraisal standards adopted by the Arkansas Appraiser Licensing and Certification Board under this chapter.
(iii) A violation of this subdivision (a)(2)(B) is a ground for discipline against a person holding a license, certificate, or registration under this chapter; or
(C) Violates any other provision of this chapter.
(b)(1) Upon application by the board, a court may grant an injunction, restraining order, or other order as may be appropriate to enjoin a person from:
(A) Offering to engage or engaging in the performance of any acts or practices for which a registration, certificate, or license is required by the Arkansas Appraiser Licensing and Certification Act, § 17-14- 101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., upon a showing that the acts or practices were performed or offered to be performed without a registration, license, or certificate;
(B) Engaging in any practice or business authorized by a certificate, license, or registration issued under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., upon a showing that the holder of the certificate, license, or registration presents a substantial probability of serious danger to the health, safety, or welfare of any resident of this state or client of the certificate holder or licensee; or
(C) Violating subdivision (a)(2) of this section.
(2) Any person cosigning an appraisal with a state-registered, state-licensed, registered apprentice, or state-certified appraiser becomes subject to the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.
(c) An action brought under this section shall be commenced in the county in which the conduct occurred, in the county in which the defendant resides, or in Pulaski County.
(d) An action brought under this section shall be in addition to and not in lieu of any penalty provided by § 17-14-206 and may be brought concurrently with any other action to enforce the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-14-101. Title.
Section 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. shall be known and may be cited as the “Arkansas Appraiser Licensing and Certification Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-14-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-14-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-14-201. Composition — Membership — Chair.
(a) There is created the Arkansas Appraiser Licensing and Certification Board, to be composed of ten (10) members as follows:
(1) Seven (7) practicing certified or licensed appraisers as follows:
(A) At least five (5) of the appraiser members of the board shall be state-certified appraisers;
(B) No more than two (2) appraiser members shall reside in the same congressional district of the four (4) Arkansas congressional districts; and
(C) The seven (7) practicing appraiser members shall be representative of the various disciplines found in the appraisal profession, including without limitation residential appraisal, commercial and industrial appraisal, forestry and timberland appraisal, rural appraisal, and any other appraisal discipline that may be affected by the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.;
(2) One (1) board member shall be a representative of financial institutions familiar with the appraisal process;
(3) One (1) senior citizen representative; and
(4) One (1) consumer representative.
(b)(1) The Governor shall appoint the members of the board subject to confirmation by the Senate and may remove a member for cause.
(2) At least five (5) real estate appraiser members appointed to the board shall be members in good standing of:
(A) A state or regional chapter of a nationally recognized real estate appraisal organization that requires an individual to have qualified appraisal experience, education, and testing in order to become a designated member and to adhere to standards of professional practice in order to retain such a designation; or
(B) The Association of Consulting Foresters of America, Inc., Arkansas Chapt
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-14-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-14-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-14-206. Complaints and disciplinary procedures.
(a) Upon its own motion or upon written complaint of any person and after notice and hearing as prescribed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Arkansas Appraiser Licensing and Certification Board may suspend or revoke the registration, license, or certification of any registrant, licensee, or certificate holder and issue a fine up to the amount of one thousand dollars ($1,000) per violation occurrence or take any other appropriate disciplinary action for:
(1) Violation of any provision of the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.;
(2) Falsifying any application for licensure or certification or otherwise providing any false information to the board;
(3) [Repealed.]
(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, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.;
(5) Adjudication of insanity;
(6) Use of advertising or solicitation that is false, misleading, or is otherwise deemed unprofessional by the board;
(7) Employing directly or indirectly any unlicensed person to perform any actions subject to the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.;
(8) Habitual or excessive use of intoxicants or illegal drugs; or
(9) Failure to meet continuing education requirements within the proper time period.
(b) Except in cases in which a licensee, registrant, or certificate holder has obtained a license by false or fraudulent rep
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-14-206
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-14-206. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-14-301. Business entities — Eligibility for licensing.
A registration, license, or certificate shall not be issued under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., to a firm, corporation, partnership, group, or other business entity.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-14-301
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-14-301. This identifies an authority to review, not proof of applicability.