Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 319
4
5 By: Senator Irvin
6 By: Representatives L. Johnson, Wardlaw
7
8 For An Act To Be Entitled
9 AN ACT TO CHANGE THE NAME OF THE ARKANSAS HOME
10 INSPECTOR REGISTRATION BOARD TO THE ARKANSAS HOME
11 INSPECTOR LICENSING BOARD TO BETTER REFLECT ITS
12 DUTIES AND RESPONSIBILITIES; TO MAKE CORRESPONDING
13 TECHNICAL CHANGES; TO CLARIFY BOARD MEMBERSHIP AND
14 SUCCESSION; TO PERMIT RENEWAL NOTICES TO BE SENT BY
15 ELECTRONIC MAIL; AND FOR OTHER PURPOSES.
16
17
18 Subtitle
19 TO CHANGE THE NAME OF THE ARKANSAS HOME
20 INSPECTOR REGISTRATION BOARD; TO MAKE
21 CORRESPONDING TECHNICAL CHANGES; TO
22 CLARIFY BOARD MEMBERSHIP AND SUCCESSION;
23 AND TO PERMIT RENEWAL NOTICES TO BE SENT
24 BY ELECTRONIC MAIL.
25
26
27 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
28
29 SECTION 1. Arkansas Code § 17-52-301 is amended to read as follows:
30 17-52-301. Title.
31 This subchapter shall be known and may be cited as the “Arkansas Home
32 Inspectors Registration Licensing Act”.
33
34 SECTION 2. Arkansas Code § 17-52-302(a)(3), concerning purpose and
35 intent of the Arkansas Home Inspectors Registration Act, is amended to read
36 as follows:
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1 (3) That this subchapter apply to and govern all persons who
2 practice home inspection in Arkansas whether they are registered licensed
3 under its provisions or not.
4
5 SECTION 3. Arkansas Code § 17-52-302(b), concerning purpose and intent
6 of the Arkansas Home Inspectors Registration Act, is amended to read as
7 follows:
8 (b) The purpose of the Arkansas Home Inspector Registration Licensing
9 Board created under this subchapter shall be to:
10 (1) Administer and enforce the provisions of this subchapter;
11 (2) Promote a business atmosphere that will protect consumers of
12 home inspection services;
13 (3) Oversee an ongoing program to develop high-level skills in
14 home inspectors; and
15 (4) Encourage the presence of a viable home inspection industry
16 in Arkansas.
17
18 SECTION 4. Arkansas Code § 17-52-303(1), concerning the definitions
19 under the Arkansas Home Inspectors Registration Act, is amended to read as
20 follows:
21 (1) “Applicant” means a person who is applying for registration
22 a license or renewal of registration a license under this subchapter;
23
24 SECTION 5. Arkansas Code § 17-52-303, concerning the definitions under
25 the Arkansas Home Inspectors Registration Act, is amended to add an
26 additional subdivision to read as follows:
27 (9)(A) “License” means the authority required by this subchapter
28 for a home inspector to lawfully conduct home inspections and related
29 activities in this state.
30 (B) “License” includes the authority previously granted
31 under a certificate of registration issued by the Arkansas Home Inspector
32 Registration Board until renewed, revoked, or expired.
33
34 SECTION 6. Arkansas Code § 17-52-304 is amended to read as follows:
35 17-52-304. Arkansas Home Inspector Registration Licensing Board —
36 Creation — Members.
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1 (a) There is created the Arkansas Home Inspector Registration
2 Licensing Board.
3 (b) The board shall consist of seven (7) members, to be appointed by
4 the Governor as follows:
5 (1) Four (4) members shall be registered licensed home
6 inspectors;
7 (2) One (1) member shall be a licensed real estate professional;
8 (3) One (1) member shall be a licensed real estate appraiser;
9 and
10 (4) One (1) member shall be an at-large member who shall serve
11 as a consumer advocate.
12 (c)(1) The initial members appointed under subsection (b) of this
13 section shall determine their terms of office by drawing lots to result in
14 two (2) home inspector members and two (2) noninspector members serving two-
15 year terms and two (2) home inspector members and one (1) noninspector member
16 serving one-year terms.
17 (2) Successor appointed members shall serve two-year terms.
18 (d) Any vacancy that occurs on the board shall be filled by the
19 Governor for the remainder of the unexpired term Members of the board:
20 (1) Shall hold office until a successor is appointed and
21 qualified; and
22 (2) May be removed by the Governor for gross incompetency, gross
23 immorality, disability, any abuse of his or her official power, or other good
24 cause.
25 (3)(A) The Governor shall fill any vacancy by appointment within
26 thirty (30) days after the vacancy occurs.
27 (B) A member appointed to fill a vacancy caused by death,
28 resignation, or removal:
29 (i) Shall meet the qualifications of the vacancy to
30 be filled;
31 (ii) Shall serve for the unexpired term of their
32 predecessor; and
33 (iii) Is eligible to be subsequently appointed to
34 the board to the same position or any other position to which the member is
35 qualified.
36 (e) Board members shall serve not more than three (3) consecutive
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1 terms of office.
2 (f) The consumer advocate member of the board shall call the first
3 meeting and shall serve as chair of the first meeting.
4 (g) If funds are available, members of the board may receive expense
5 reimbursement according to § 25-16-902.
6
7 SECTION 7. Arkansas Code § 17-52-305(a), concerning meetings of the
8 Arkansas Home Inspector Registration Licensing Board, is amended to read as
9 follows:
10 (a) The Arkansas Home Inspector Registration Licensing Board shall
11 physically meet not fewer than two (2) times each calendar year to conduct
12 the business of the board.
13
14 SECTION 8. Arkansas Code § 17-52-306 is amended to read as follows:
15 17-52-306. Powers and duties of the board.
16 The Arkansas Home Inspector Registration Licensing Board may:
17 (1) Perform the duties and functions appropriate and necessary
18 to carry out the provisions of this subchapter;
19 (2) Review, approve, or reject registration license applications
20 and issue registration license certificates to applicants;
21 (3) Establish a mandatory continuing education program designed
22 to upgrade the professional skills and knowledge of home inspectors
23 practicing in Arkansas;
24 (4)(A) Establish administrative procedures for disciplinary
25 proceedings conducted according to the provisions for this subchapter.
26 (B) The procedures shall include provisions for the
27 suspension and revocation of registration a license and enforcement of civil
28 penalties;
29 (5) Establish procedures for processing and resolving complaints
30 against home inspectors conducting home inspections in Arkansas;
31 (6) Authorize disbursement of the funds collected into the
32 Arkansas Home Inspectors Registration Licensing Fund;
33 (7) Employ legal counsel to represent it in any proceedings when
34 legal counsel is required;
35 (8) Develop competency exams for home inspectors;
36 (9) Establish a standard of practice and code of ethics for home
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1 inspectors;
2 (10) Enter into agreements with other states, territories,
3 districts, or possessions of the United States concerning registration or
4 licensing requirements acceptable between Arkansas and the other entities;
5 (11) Maintain working files as it deems necessary;
6 (12) Contract for administrative support services and meet
7 financial obligations of those contracts using moneys from the fund;
8 (13)(A) Develop and implement a means for conducting internet
9 board meetings, which may be observed by the public in real time.
10 (B) Public participation in the meetings may be permitted
11 in accordance with rules developed by the board;
12 (14) Establish and maintain an internet site devoted to home
13 inspection registration licensing and related subjects; and
14 (15) [Repealed.]
15 (16) Establish If the maximum number of hours required shall not
16 exceed ninety (90) classroom hours, establish educational requirements for
17 registration licensing to begin after July 1, 2004, including the standards
18 and procedures for approval of educational programs if the maximum number of
19 hours required shall not exceed ninety (90) classroom hours.
20
21 SECTION 9. Arkansas Code § 17-52-307(a), concerning hearings under the
22 Arkansas Home Inspector Registration Board, is amended to read as follows:
23 (a) As part of an investigation or as a condition of renewal, the
24 Arkansas Home Inspector Registration Licensing Board may require a home
25 inspector to submit in writing home inspection reports and other documents to
26 be reviewed by the board.
27
28 SECTION 10. Arkansas Code § 17-52-308 is amended to read as follows:
29 17-52-308. Complaints and disciplinary procedures.
30 (a) Disciplinary hearings conducted by the Arkansas Home Inspector
31 Registration Licensing Board for the purpose of determining whether to levy
32 civil penalties under this subchapter and for the purpose of determining
33 whether to revoke or suspend any registration, license, or certificate issued
34 under this subchapter shall be open public meetings conducted as provided for
35 in the Freedom of Information Act of 1967, § 25-19-101 et seq., unless
36 otherwise superseded by provisions of this subchapter.
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1 (b) Upon its own motion or upon written complaint of any person and
2 after notice and hearing as provided by the Arkansas Administrative Procedure
3 Act, § 25-15-201 et seq., the board may suspend or revoke the registration
4 license of any home inspector and issue a fine up to one thousand dollars
5 ($1,000) per violation or occurrence or take any other appropriate
6 disciplinary action for:
7 (1) Any violation of the provisions in this subchapter;
8 (2) Falsifying any application for registration licensing or
9 otherwise providing any false information to the board or the Secretary of
10 State;
11 (3) Conviction of any felony listed under § 17-3-102;
12 (4) Any actions demonstrating untrustworthiness, incompetence,
13 dishonesty, gross negligence, material misrepresentation, fraud, or unethical
14 conduct in any dealings subject to this subchapter or these rules;
15 (5) Adjudication of insanity;
16 (6)(A) Use of advertising or solicitation that is false,
17 misleading, or is otherwise deemed unprofessional by the board.
18 (B) All advertisements, contracts, correspondence, and
19 other documents utilized by a home inspector shall prominently include the
20 home inspector's name and registration license number as registered according
21 to this subchapter; or
22 (7) Habitual or excessive use of intoxicants or illegal drugs.
23
24 SECTION 11. Arkansas Code § 17-52-309(a) and (b), concerning
25 violations of law under the Arkansas Home Inspector Registration Act, are
26 amended to read as follows:
27 (a)(1) It is unlawful for any person not registered licensed under
28 this subchapter to perform any act for which registration licensure is
29 required.
30 (2) Any person acting as a home inspector within the meaning of
31 this subchapter without a home inspector certificate of registration license
32 and any person who violates any other provision of this subchapter shall be
33 guilty of a misdemeanor.
34 (b)(1) Upon application by the Arkansas Home Inspector Registration
35 Licensing Board, a court may grant an injunction, restraining order, or other
36 order as may be appropriate to enjoin a person from:
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1 (A) Offering to engage or engaging in the performance of
2 any acts or practices for which registration a license is required by this
3 subchapter after a showing that the acts or practices were performed or
4 offered to be performed without a certificate of registration license; or
5 (B) Engaging in any practice or business authorized by a
6 certificate of registration license issued under this subchapter upon a
7 showing that the holder presents a substantial probability of serious danger
8 to the health, safety, or welfare of any resident of this state or client of
9 the certificate holder.
10 (2) Any person cosigning a home inspection report with a
11 registered licensed home inspector becomes subject to the provisions of this
12 subchapter.
13
14 SECTION 12. Arkansas Code § 17-52-310(a), concerning continuing
15 education under the Arkansas Home Inspector Registration Act, is amended to
16 read as follows:
17 (a) The Arkansas Home Inspector Registration Licensing Board shall
18 implement requirements for home inspectors to successfully complete
19 continuing education annually as a condition to registration license renewal.
20
21 SECTION 13. Arkansas Code § 17-52-310(b)(3), concerning continuing
22 education under the Arkansas Home Inspector Registration Act, is amended to
23 read as follows:
24 (3) Provide a list of approved providers to all registered
25 licensed home inspectors.
26
27 SECTION 14. Arkansas Code § 17-52-310(e), concerning continuing
28 education under the Arkansas Home Inspector Registration Act, is amended to
29 read as follows:
30 (e)(1) Failure to complete continuing education requirements shall
31 result in suspension of the home inspector's registration license.
32 (2) However, the board may waive all or part of the requirements
33 of this section for any registered licensed home inspector who submits
34 satisfactory evidence of his or her inability to meet the continuing
35 education requirements due to debilitating health, hardship, or extenuating
36 circumstances beyond his or her control.
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1
2 SECTION 15. Arkansas Code § 17-52-311 is amended to read as follows:
3 17-52-311. Role of Secretary of the Department of Labor and Licensing.
4 (a)(1) The Secretary of the Department of Labor and Licensing shall be
5 the custodian of permanent, official, home inspector registration licensing
6 files and shall maintain permanent records of all home inspector registration
7 license applications received since the enactment of this subchapter.
8 (2) The secretary shall maintain the permanent records of the
9 Arkansas Home Inspector Registration Licensing Board.
10 (b) The secretary shall receive and process applications for initial
11 registration licensing and renewal of registration a license.
12
13 SECTION 16. Arkansas Code § 17-52-312 is amended to read as follows:
14 17-52-312. Fund.
15 (a)(1) There is created in the State Treasury a fund to be known as
16 the “Arkansas Home Inspectors Registration Licensing Fund”.
17 (2) On the effective date of this Act, all funds remaining in
18 the Arkansas Home Inspectors Registration Fund shall be transferred to the
19 Arkansas Home Inspectors Licensing Fund.
20 (b) All funds, fees, charges, costs, and collections