§ 17-42-312 - Investigation of complaint -- Penalties.
17-42-312. Investigation of complaint -- Penalties.
(a) (1) The Arkansas Real Estate Commission may, on its own motion, and shall, upon the verified complaint in writing of any person, provided that the complaint and any evidence, documentary or otherwise, presented in connection therewith shall make out a prima facie case, investigate the actions of any person engaged in the business or acting in the capacity of a real estate broker or real estate sales person regardless of whether the transaction was for his or her own account or in his or her capacity as a broker or salesperson.
(2) If the complaint fails to state a prima facie case or if, after investigation, the Executive Director of the Arkansas Real Estate Commission determines that there is insufficient proof of a violation of this chapter, the executive director shall dismiss the complaint.
(3) If, however, the executive director determines that there is sufficient proof of a violation of this chapter, the licensee shall be notified of the charges against him or her and ordered to appear for a hearing.
(4) If the licensee is found to have violated this chapter, the commission may impose any one (1) or more of the following sanctions:
(A) Suspension, revocation, or denial of his or her license or the renewal thereof;
(B) A penalty not to exceed one thousand dollars ($1,000) for each violation;
(C) Require completion of appropriate educational programs or courses;
(D) Require successful completion of an appropriate licensing examination;
(E) Place conditions or restrictions upon the licensee's license or practice; or
(F) Such other requirements or penalties as may be appropriate to the circumstances of the case and which would achieve the desired disciplinary purposes, but which would not impair the public welfare and morals.
(b) The commission is authorized to file suit in either the Pulaski County Circuit Court or the circuit court of any county in which the defendant resides or does business to collect any penalty assessed pursuant to this chapter if the penalty is not paid within the time prescribed by the commission.
(c) When deemed appropriate, the commission may suspend the imposition of any sanctions imposed upon appropriate terms and conditions.