Section 16-123-345 - Incentives for self-testing and self-correction(a)(1) A report or result of a self-test, as that term is defined by rule of the Director of the Arkansas Fair Housing Commission, shall be considered to be privileged under subdivision (a)(2) of this section if a person: (A) Conducts or authorizes an independent third party to conduct a self-test of any aspect of a residential real estate-related lending transaction or any part of that transaction by that person in order to determine the level or effectiveness of compliance with this subchapter by that person; and(B) Has identified any possible violation of this subchapter by that person and has taken, or is taking, appropriate corrective action to address any such possible violation.(2) If a person meets the conditions specified in subdivision (a)(1) of this section with respect to a self-test, any report or results of that self-test: (A) Shall be privileged; and(B) May not be obtained or used by the Arkansas Fair Housing Commission or any applicant, department, or agency in any:(i) Proceeding or civil action in which one (1) or more violations of this subchapter are alleged; or(ii) Examination or investigation relating to compliance with this subchapter.(b)(1) No provision of this subchapter may be construed to prevent an aggrieved person, complainant, department, or agency from obtaining or using a report or results of any self-test in any proceeding or civil action in which a violation of this subchapter is alleged, or in any examination or investigation of compliance with this subchapter if:(A) The person to whom the self-test relates or any person with lawful access to the report or the results:(i) Voluntarily releases or discloses all or any part of the report or results to the commission, aggrieved person, complainant, department, or agency or to the general public; or(ii) Refers to or describes the report or results as a defense to charges of violations of this subchapter against the person to whom the self-test relates; or(B) The report or results are sought in conjunction with an adjudication or admission of a violation of this subchapter for the sole purpose of determining an appropriate penalty or remedy.(2) Any report or results of a self-test that are disclosed for the purpose specified in subdivision (b)(1)(B) of this section:(A) Shall be used only for the particular proceeding in which the adjudication or admission referred to in subdivision (b)(1)(B) of this section is made; and(B) May not be used in any other action or proceeding.(c) An aggrieved person, complainant, department, agency, or the commission that challenges a privilege asserted under this section may seek a determination of the existence and application of that privilege in:(1) A court of competent jurisdiction; or(2) An administrative law proceeding with appropriate jurisdiction.Amended by Act 2019, No. 315,§ 1324, eff. 7/24/2019.Acts 2001, No. 1785, § 46; 2003, No. 1775, §§ 10, 11.