§ 6-51-609 - Admissions representative's license -- Generally.
6-51-609. Admissions representative's license -- Generally.
(a) (1) No person representing a resident, distance education, or combination school shall solicit or sell in Arkansas any program of study for consideration or remuneration unless the admissions representative first secures a license from the Director of the State Board of Private Career Education.
(2) A license issued by the director shall be subject to ratification by the State Board of Private Career Education.
(b) (1) The license shall be on a form of such size as to be displayed for examination by each prospective student contacted by the admissions representative for enrollment or recruitment purposes.
(2) The license shall bear a recent photograph of the admissions representative, the admissions representative's name, the name and address of the licensed school to be represented, and the valid period of the admissions representative's license which will indicate the expiration date.
(c) (1) An admissions representative's license shall be automatically cancelled when the license of the school represented by the admissions representative is suspended or revoked for any reason, or the school closes.
(2) The license shall be endorsed by the chair of the board. The license shall remain the property of the State of Arkansas and shall be returned to the director upon cause.
(d) An applicant for an admissions representative's license must:
(1) Be at least eighteen (18) years of age;
(2) Be a high school graduate or hold a graduate equivalent degree;
(3) Not have been convicted in any jurisdiction of a felony, theft of property, or a crime involving an act of violence for which a pardon has not been granted;
(4) Be a citizen of the United States;
(5) Not have been discharged from the armed services of the United States under other than honorable conditions; and
(6) Be in compliance with any other reasonable qualifications that the board may fix by rule.
(e) (1) An applicant for an admissions representative's license shall apply to the Identification Bureau of the Department of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation.
(2) The check shall conform to the applicable federal standards and shall include the taking of fingerprints.
(3) The applicant shall sign a release of information to the board and shall be responsible to the Department of Arkansas State Police for the payment of any fee associated with the criminal background check.
(4) Upon completion of the criminal background check, the Identification Bureau of the Department of Arkansas State Police shall forward all information obtained concerning the person in the commission of any felony, Class A misdemeanor, or a crime involving an act of violence for which a pardon has not been granted.
(f) (1) (A) The board may issue a nonrenewable temporary license pending the results of the criminal background check.
(B) The temporary license shall be valid for no more than six (6) months.
(2) Upon receipt of information from the Identification Bureau of the Department of Arkansas State Police that the person holding the temporary license has been convicted of a felony, Class A misdemeanor, or a crime involving an act of violence for which a pardon has not been granted, the board shall immediately revoke the temporary license.
(g) (1) The provisions of subdivision (d)(3) of this section may be waived by the board upon the request of:
(A) An affected applicant for licensure; or
(B) The person holding a license subject to revocation.
(2) Circumstances for which a waiver may be granted shall include, but not be limited to, the following:
(A) The age at which the crime was committed;
(B) The circumstances surrounding the crime;
(C) The length of time since the crime;
(D) Subsequent work history;
(E) Employment references;
(F) Character references; and
(G) Other evidence demonstrating that the applicant does not pose a threat.
(h) (1) Any information received by the board from the Identification Bureau of the Department of Arkansas State Police pursuant to this section shall not be available for examination except by:
(A) The affected applicant for licensure or his or her authorized representative; or
(B) The person whose license is subject to revocation or his or her authorized representative.
(2) No record, file, or document shall be removed from the custody of the Department of Arkansas State Police.
(i) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that person only.
(j) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the background check required by this section.
(k) The board shall adopt the necessary rules and regulations to fully implement the provisions of this section.