2018 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 7 - Particular Proceedings and Remedies
Chapter 123 - Civil Rights
Subchapter 3 - Arkansas Fair Housing Commission
§ 16-123-345. Incentives for self-testing and self-correction

Universal Citation: AR Code § 16-123-345 (2018)
  • (a) (1) A report or result of a self-test, as that term is defined by regulation 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.

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