§ 17-42-406 - Disciplinary hearing -- Procedure.
               	 		
17-42-406.    Disciplinary hearing -- Procedure.
    (a)    (1)  In  any disciplinary hearing before the Arkansas Real Estate Commission  which involves any licensee who has allegedly violated any provision of  this chapter or commission regulations, the commission shall first  determine whether a violation has occurred.
      (2)  If  so, the commission shall then determine the amount of damages, if any,  suffered by the aggrieved party or parties. However, damages shall be  limited to actual damages in accordance with    17-42-407.
      (3)  The commission shall then direct the licensee to pay that amount to the aggrieved party or parties.
      (4)  If  that amount has not been paid within thirty (30) days following entry  of the commission's final order in the matter and the order has not been  appealed to the circuit court, then the commission shall pay, upon  request, from the Real Estate Recovery Fund to the aggrieved party or  parties the amount specified. However, the commission shall not:
            (A)  Pay  in excess of twenty-five thousand dollars ($25,000) for any one (1)  violation or continuing series of violations, regardless of the number  of licensees who participated in such a violation or continuing series  of violations; or
            (B)  Pay an amount in excess of the fund balance.
(b)  The  question of whether or not certain violations constitute a continuing  series of violations shall be a matter solely within the discretion and  judgment of the commission.
(c)  Nothing  within this subchapter shall obligate the fund for any amount in excess  of a total of seventy-five thousand dollars ($75,000) with respect to:
      (1)  The acts of any one (1) licensee; or
      (2)  Any group of related claims.
(d)  Whether  or not a claim is one (1) of a group of related claims shall be a  matter solely within the discretion and judgment of the commission.
(e)  When  unsatisfied or pending claims are such that they exceed the limits  payable under subsection (c) of this section, the commission shall be  the sole determinant of how the available funds shall be allocated among  such claims.