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17-42-314. Hearings.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-42-314. Hearings.
(a) Proceedings under § 17-42-312 and hearings on denials of licenses shall be conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(b) Except in cases in which a licensee has obtained a license by false or fraudulent representation, the Arkansas Real Estate Commission shall not investigate the actions of or conduct any disciplinary hearing regarding any real estate broker or salesperson unless the complaint is filed or the investigation initiated within three (3) years from the date of the actions complained of or concerning which an investigation is initiated.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-42-314
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:17-42-314
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: dc4e91cd514f86754465eb6878c150525ca2982dbec132a8b8a5f9a1610888ff
Source location: content.xml paragraph 15488
Stored source content
17-42-314. Hearings.
(a) Proceedings under § 17-42-312 and hearings on denials of licenses shall be conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(b) Except in cases in which a licensee has obtained a license by false or fraudulent representation, the Arkansas Real Estate Commission shall not investigate the actions of or conduct any disciplinary hearing regarding any real estate broker or salesperson unless the complaint is filed or the investigation initiated within three (3) years from the date of the actions complained of or concerning which an investigation is initiated.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-42-312. Investigation of complaint — Citations — Penalties.
(a)(1) The Arkansas Real Estate Commission may, on its own motion, and shall, upon the verified complaint in writing of any person, provided that the complaint and any evidence, documentary or otherwise, presented in connection therewith shall make out a prima facie case, investigate the actions of any person engaged in the business or acting in the capacity of a real estate broker or real estate salesperson regardless of whether the transaction was for his or her own account or in his or her capacity as a broker or salesperson.
(2) If the complaint fails to state a prima facie case or if, after investigation, the Executive Director of the Arkansas Real Estate Commission determines that there is insufficient proof of a violation of this chapter, the executive director shall dismiss the complaint.
(3) If, however, the executive director determines that there is sufficient proof of a violation of this chapter, the person shall be notified of the charges against him or her and ordered to appear for a hearing.
(4) If a person violates this chapter, the commission may impose any one (1) or more of the following sanctions or requirements:
(A) Suspension, revocation, or denial of his or her license or the renewal thereof;
(B) A penalty of not more than one thousand dollars ($1,000) for each violation;
(C) Completion of appropriate educational programs or courses;
(D) Successful completion of an appropriate licensing examination;
(E) Conditions or restrictions upon the person's license or practice; or
(F) Payment of restitution, damages, or other penalties appropriate to the circumstances of the case that would:
(i) Achieve the desired disciplinary purpose;
(ii) Compensate or reimburse an inj
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-42-312
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 17-42-312. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
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 25-15-201. This identifies an authority to review, not proof of applicability.