1. “Applicant” means an individual who applies for a State Registered appraiser credential, to be a Registered Apprentice Appraiser, to transfer an appraiser credential to Arkansas, to upgrade an existing appraiser credential, to reinstate an appraiser credential that has been inactive for more than 12 months, or for a new reciprocal appraiser credential. “Applicant” does not include an individual who applies for a Temporary Practice Permit.

2. “Appraiser credential” means authorization issued by the Board to individuals who have satisfied the requirements to become a registered, licensed, or certified appraiser.

3. “Criminal background check” means both a state criminal records check conducted by the Arkansas State Police (“state background check”) and a nationwide criminal record check conducted by the Federal Bureau of Investigation (“federal background check”), including the taking of fingerprints.

4. “Disqualifying conviction” means the applicant's criminal background history report or application indicates a conviction of a criminal offense that calls into question public trust or the applicant's fitness for registration, licensure, or certification.

1. All applicants for an appraiser credential shall apply for state and national fingerprint-based criminal background checks, using forms furnished by and pursuant to instructions provided by the Board.

2. Each new applicant shall authorize the release of criminal background check reports to the Board and may pay any applicable fees associated with the state and federal criminal background checks pursuant to the written instructions provided by the Board.

3. A new state and federal criminal background check are required each time an appraiser applies to upgrade his/her credential type.

1. All personnel for the Board will be trained and authorized to have access to each applicant and credential holder's criminal background history.

2. When an applicant applies for his/her appraiser credential or an existing credential holder applies to upgrade his/her credential type, and the Board receives the appropriate application form and check for his/her application or upgrade fee the Board Staff will provide the applicant with instructions to obtain his or her background check.

3. If the applicant does not have a criminal history, agency personnel will issue his/her appraiser credential when all other requirements are fulfilled.

4. If the applicant's criminal history report contains a disqualifying conviction(s), the applicant's application will not be approved. A letter indicating there is a disqualifying conviction will be sent to the applicant by Restricted and Certified mail with the applicant as the only person who may sign for the receipt of the letter at the United States Postal Service.

5. It is the policy of the Board not to provide a copy of the FBI criminal history record to the applicant. The applicant may obtain a copy of the record by submitting fingerprints and a fee to the FBI. Information regarding this process may be obtained on the FBI's website.

6. If, after viewing his/her criminal identification record, he/she believes that it is incorrect or incomplete in any respect and wish changes, corrections, or updating of the alleged deficiency he/she should make application directly to the agency which contributed the questioned/deficient information. He/she may also direct his/her challenge as to the accuracy or completeness of any entry on his/her record to the FBI, Criminal Justice Information Service (CJIS) Division, and Attn: SCU, Mod. D2, 1000 Custer Hollow Road, Clarksburg, WV 26306. The FBI will then forward the challenge to the agency which submitted the data, requesting that agency to verify or correct the questioned/deficient entry. Upon the receipt of an official communication directly from the agency which contributed the original information, the FBI CJIS Division will make any changes necessary in accordance with the information supplied by that agency.

7. Should an applicant challenge his/her criminal identification record, he/she shall notify the Board in writing. After receipt of such notice, the Board shall not determine whether an applicant is qualified for an appraiser credential until the applicant has had a reasonable opportunity to challenge said criminal identification record and shall not process the application until the challenge of said record is resolved by the State Identification Bureau and/or Arkansas Crime Information Center. The applicant shall notify the Identification Bureau to forward to the Board changes in the applicant's record as a result of such challenge.

8. If an applicant with a disqualifying conviction chooses to appeal the decision to deny his/her application, he/she may appeal to the Board for a waiver to be credentialed. The applicant has (30) thirty calendar days from the date notification is received from the Board in which to appeal the decision.

9. Each applicant with a disqualifying conviction who requests a waiver may appear before the Board or may choose to allow the Board to make a determination on the request for a waiver based on the file documentation obtained by the Board and that submitted by the applicant.

10. If an individual has been convicted of an offense listed in A.C.A § 17-3-102(a) or (e), the Board may waive disqualification of a potential applicant or revocation of a credential based on the conviction if a request for a waiver is made by:

11. The Board may grant a waiver upon consideration of the following, without limitation:

12. A request for a waiver, if made by an applicant, must be in writing.

13. The Board will respond with a decision in writing and will state the reasons for the decision.

14. An appeal of a determination under this section will be subject to the Administrative Procedure Act § 25-15-201 et seq.

15. The criminal history information, along with all supporting documentation, will be destroyed after (7) seven years by having authorized agency personnel cross-shred all information including the file folder. This time limit will be confirmed with the State of Arkansas Records Retention policy in effect at the time the documents are scheduled to be destroyed.

16. The exchange of the Criminal History Report Information is subject to cancellation if dissemination is made outside the receiving departments or related agencies and if Criminal History Record Information is used for any other reason that is not stated in Arkansas State law. Furthermore, depending upon the nature of the offense and the identity of the offender, federal or state crimes may be charged for the willful, unauthorized disclosure of Criminal History Report Information. Misuse of the Criminal History Report Information is a Class A Misdemeanor or a Class D Felony depending on the circumstances. ACA 12-12-212 and 12-12-1002(b) and Title 28, U.S.C., § 534, Pub. L. 92-544, Title 28, CFR, 20.33 (d). Misuse of the Criminal History Report Information may result in termination of agency personnel involved.

1. Pursuant to Act 990 of 2019, an individual may petition for a pre-registration determination of whether the individual's criminal record will disqualify the individual from registration and whether a waiver may be obtained.

2. The individual must obtain the pre-registration criminal background check petition form from the Board.

3. The Board will respond with a decision in writing to a completed petition within a reasonable time or at the next available Board meeting.

4. The Boards response will state the reason(s) for the decision.

5. All decisions of the Board in response to the petition will be determined by the information provided by the individual.

6. Any decision made by the Board in response to a pre-registration criminal background check is not subject to appeal.

7. The Board will retain a copy of the petition and response and it will be reviewed during the formal application process.