§ 6-51-609 — Admissions representative's license - Generally

(a) (1) An admissions representative that solicits or sells a program of study for consideration or remuneration shall first obtain a license from the Division of Higher Education to solicit or sell the program of study. (2) However, subdivision (a)(1) of this section shall not apply to an out-of-state school that provides educational training outside the state. (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) (A) The license shall be endorsed by the Commissioner of the Division of Higher Education. (B) The license shall remain the property of the State of Arkansas and shall be returned to the Division of Higher Education 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 United States Armed Forces under other than honorable conditions; and (6) Be in compliance with any other reasonable qualifications that the Division of Higher Education may fix by rule. (e) (1) An applicant for an admissions representative's license shall apply to the Identification Bureau of the Division 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 Division of Higher Education and shall be responsible to the Division 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 Division 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 Division of Higher Education 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 Division 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 Division of Higher Education shall immediately revoke the temporary license. (g) (1) The provisions of subdivision (d)(3) of this section may be waived by the Division of Higher Education 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 Division of Higher Education from the Identification Bureau of the Division of Arkansas State Police under 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) A record, file, or document shall not be removed from the custody of the Division 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) In consultation with the State Board of Private Career Education, the Division of Higher Education shall adopt the necessary rules to fully implement the provisions of this section.

Legislative History

Amended by Act 2023, No. 786,§ 13, eff. 4/12/2023. Amended by Act 2019, No. 755,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1895, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1894, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1893, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1892, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1891, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1890, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1889, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1888, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1887, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1886, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1885, eff. 7/1/2019. Amended by Act 2017, No. 565,§ 9, eff. 3/22/2017. Acts 1983, No. 770, § 6; A.S.A. 1947, § 80-4306; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 2003, No. 1781, §§ 11-13; 2009, No. 1478, § 4.