2010 Arkansas Code
Title 17 - Professions, Occupations, and Businesses
Subtitle 2 - Nonmedical Professions
Chapter 52 - Home Inspectors
Subchapter 3 - Arkansas Home Inspectors Registration Act
§ 17-52-308 - Complaints and disciplinary procedures.

17-52-308. Complaints and disciplinary procedures.

(a) Disciplinary hearings conducted by the Arkansas Home Inspector Registration Board for the purpose of determining whether to levy civil penalties under this subchapter and for the purpose of determining whether to revoke or suspend any registration, license, or certificate issued under this subchapter shall be open public meetings conducted as provided for in the Freedom of Information Act of 1967, 25-19-101 et seq., unless otherwise superseded by provisions of this subchapter.

(b) Upon its own motion or upon written complaint of any person and after notice and hearing as provided by the Arkansas Administrative Procedure Act, 25-15-201 et seq., the board may suspend or revoke the registration of any home inspector and issue a fine up to one thousand dollars ($1,000) per violation or occurrence or take any other appropriate disciplinary action for:

(1) Any violation of the provisions in this subchapter;

(2) Falsifying any application for registration or otherwise providing any false information to the board or the Secretary of State;

(3) (A) Conviction in any jurisdiction of a misdemeanor involving moral turpitude or of any felony.

(B) A plea of nolo contendere or no contest is considered a conviction for the purposes of this section;

(4) Any actions demonstrating untrustworthiness, incompetence, dishonesty, gross negligence, material misrepresentation, fraud, or unethical conduct in any dealings subject to this subchapter or these regulations;

(5) Adjudication of insanity;

(6) (A) Use of advertising or solicitation that is false, misleading, or is otherwise deemed unprofessional by the board.

(B) All advertisements, contracts, correspondence, and other documents utilized by a home inspector shall prominently include the home inspector's name and registration number as registered according to this subchapter; or

(7) Habitual or excessive use of intoxicants or illegal drugs.