Section VIII- Background CheckAny owner of an appraisal management company shall submit to a state criminal background check and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation. Each owner shall apply for state and national fingerprint-based criminal background checks, using forms furnished by and pursuant to instructions provided by the Board.
Each owner shall authorize the release of criminal background check reports to the Board and pay any applicable fees associated with the state and federal criminal background checks pursuant to the written Instructions provided by the Board.
Application Procedure
All personnel for the Arkansas Appraiser Licensing and Certification Board (Board) will be trained and authorized to have access to each owner's criminal history report.
When an owner applies for his or her background check, and the Board receives the appropriate application form and required fees the Board Staff will provide the owner with instructions to obtain his or her background check.
1. If the owner does not have a criminal history, agency personnel will issue the registration when all other requirements are fulfilled.2. If the owner's criminal history report contains a disqualifying conviction(s), the appraisal management company's application or renewal will not be approved. A letter indicating there is a disqualifying conviction will be sent to the owner by Restricted and Certified mall with the owner as the only Individual who may sign for the receipt of the letter at the United States Postal Service.3. It is the policy of the Board not to provide a copy of the FBI criminal history record to the owner. The owner 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.4. 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 questloned/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 (C3IS) 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 questloned/deficient entry. Upon the receipt of an official communication directly from the agency which contributed the original Information, the FBI C3IS Division will make any changes necessary in accordance with the Information supplied by that agency.5. Should an owner 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 owner is qualified until the owner 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 owner shall notify the Identification Bureau to forward to the Board changes In the owner's record as a result of such challenge.6. 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 AALCB in which to appeal the decision.7. Each applicant with a disqualifying conviction who requests a waiver may appear before the AALCB 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.8. If an Individual has been convicted of an offense listed in 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 registration based on the conviction If a request for a waiver is made by:1. An affected applicant for registration; or2. An individual holding a registration subject to revocation.9. The Board may grant a waiver upon consideration of the following, without limitation: 1. The age at which the offense was committed;2. The circumstances surrounding the offense;3. The length of time since the offense was committed;4. Subsequent work history since the offense was committed;5. Employment references since the offense was committed;6. Character references since the offense was committed;7. Relevance of the offense to the registration; and8. Other evidence demonstrating that registration of the applicant does not pose a threat to the health or safety of the public.10. A request for a waiver, if made by an applicant, must be in writing.11. The Board will respond with a decision in writing and will state the reasons for the decision.12. An appeal of a determination under this section will be subject to the Administrative Procedures Act § 25-15-201et seq.13. 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.14. 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. Pre-Licensure Criminal Background Check
A. 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.B. The individual must obtain the pre-registration criminal background check petition form from the Board.C. The Board will respond with a decision In writing to a completed petition within a reasonable time.D. The Boards response will state the reason(s) for the decision.E. All decisions of the Board in response to the petition will be determined by the information provided by the individual.F. Any decision made by the Board in response to a pre-registration criminal background check is not subject to appeal.G. The Board will retain a copy of the petition and response and it will be reviewed during the formal application process.