Ark. Code Ann. § 17-14-201 (2020)

1. There is created the Arkansas Appraiser Licensing and Certification Board, to be composed of ten (10) members as follows:
   1. Seven (7) practicing certified or licensed appraisers as follows:
      1. At least five (5) of the appraiser members of the board shall be state-certified appraisers;
      2. No more than two (2) appraiser members shall reside in the same congressional district of the four (4) Arkansas congressional districts; and
      3. The seven (7) practicing appraiser members shall be representative of the various disciplines found in the appraisal profession, including without limitation residential appraisal, commercial and industrial appraisal, forestry and timberland appraisal, rural appraisal, and any other appraisal discipline that may be affected by the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.;
   2. One (1) board member shall be a representative of financial institutions familiar with the appraisal process;
   3. One (1) senior citizen representative; and
   4. One (1) consumer representative.
2. 1. The Governor shall appoint the members of the board subject to confirmation by the Senate and may remove a member for cause.
   2. At least five (5) real estate appraiser members appointed to the board shall be members in good standing of:
      1. A state or regional chapter of a nationally recognized real estate appraisal organization that requires an individual to have qualified appraisal experience, education, and testing in order to become a designated member and to adhere to standards of professional practice in order to retain such a designation; or
      2. The Association of Consulting Foresters of America, Inc., Arkansas Chapter.
3. 1. 1. The term of each appraiser board member shall be three (3) years.
      2. The financial member representative, the senior citizen representative, and the consumer representative shall have three-year terms.
   2. Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors.
   3. No person shall serve as a member of the board for more than two (2) consecutive terms.
4. The members of the board will select a state-certified appraiser chair.
5. Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

History. Acts 1991, No. 416, §§ 3, 5; 1991, No. 541, §§ 3, 5; 1997, No. 250, § 123; 2001, No. 159, §§ 1, 2; 2009, No. 628, § 9; 2015, No. 695, §§ 1-4; 2015, No. 1100, § 20; 2015, No. 1156, § 1; 2017, No. 252, § 1; 2017, No. 535, § 2; 2017, No. 817, § 1; 2019, No. 514, § 4.

A.C.R.C. Notes. As enacted, subdivision (a)(1)(A) provided that at least five (5) of the seven practicing appraisers would be or become state certified appraisers and two (2) would be or become state licensed appraisers by the effective date of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. Subdivision (a)(1) further provided that the failure to meet this qualification would result in disqualification from the board.

As enacted, subdivision (b)(3) began “The Governor shall appoint one (1) financial institution member to the board.”

As enacted subsection (d), also provided:

“The original chairman shall become, by the effective date of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, a state certified appraiser.”

The effective date of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, for the use of certified or licensed appraisers only, is July 1, 1991 but may be extended until December 31, 1991, pursuant to 12 U.S.C. § 3348(a).

Acts 1991, Nos. 416 and 541, § 3, in part, provided:

“The Governor may appoint from the lists submitted to him by the organizations which are members of the Appraisal Foundation, the Arkansas Bankers Association, Arkansas League of Savings Institutions, the Arkansas Association of Bank Holding Companies, the Arkansas Independent Bankers Association, the Arkansas Mortgage Bankers Association, the Arkansas Credit Union League, the Association of Consulting Foresters of America, Inc., and the Ouachita Society of American Foresters, Arkansas Division, an organizational subcommittee to be composed of two (2) members of each of their state chapters plus two (2) members from lists submitted from appraisal organizations not currently members of the Appraisal Foundation. The subcommittee will assist the board in the duties required in the implementation of this act. These subcommittee members are to serve for a period of one (1) year without reimbursement and this subcommittee will not be reappointed after the initial organizational period.”

Acts 1991, Nos. 416 and 541, § 3 provided, in part, that initially, the Governor would appoint five (5) appraiser members to the board from lists submitted to him by state chapters of national appraisal organizations which are members of the Appraisal Foundation, or its successor, plus the Arkansas Chapter of the Association of Consulting Foresters of America, Inc., provided that not more than two (2) members represent any one of the national organizations which are members of the Appraisal Foundation or the Association of Consulting Foresters of America, Inc.

Acts 1991, Nos. 416 and 541, § 3 further provided that of the members of the Arkansas Appraisers Licensing and Certification Board, four (4) would be appointed for three (3) years, and three (3) would be appointed for two (2) years.

Pursuant to § 1-2-207(b), the amendment to (b)(2) by Acts 2015, No. 695, § 2, is superseded by the amendment to this section by Acts 2015, No. 1100, § 20. Acts 2015, No. 695, § 2, provided:

“(2)(A)(i) Any state chapter of a nationally recognized real estate appraisal organization that requires an individual to have qualified appraisal experience, education, and testing to become a designated member and to adhere to standards of professional practice to maintain such a designation, and the Arkansas Chapter of the Association of Consulting Foresters of America, Inc., shall submit annually to the Governor by January 15 two (2) names of members of their respective organizations as nominees for appointment to the board.

“(ii) Two (2) appraiser board members may be appointed by the Governor at large.

“(B) A practicing licensed or certified appraiser shall not be denied the opportunity to submit his or her name for consideration to fill an appointment to the board based upon membership in a particular appraisal organization.”

Pursuant to § 1-2-207(b), the amendment to subsection (b) by Acts 2017, No. 535, § 2, is superseded by the amendment to this section by Acts 2017, No. 817, § 1.

Acts 2017, No. 535, § 2, effective March 20, 2017, amended (b) to read as follows:

“(b)(1)(A) The Governor shall appoint the members of the board subject to confirmation by the Senate and may remove a member for cause.

“(B) The Governor may, at his or her discretion, request additional names to be submitted from organizations mentioned in this subchapter eligible to fill appointments to the board.

“(2)(A) The Governor may appoint two (2) appraiser board members from the state at large after consulting the:

“(i) State chapters of nationally recognized real estate appraisal organizations that require an individual to have qualified appraisal experience, education, and testing to become a designated member and to adhere to standards of professional practice to maintain the designation; and

“(ii) Association of Consulting Foresters of America, Inc., Arkansas Chapter.

“(B) At least five (5) real estate appraiser members appointed to the board shall be members in good standing of a state chapter of a nationally recognized real estate appraisal organization that requires an individual to have qualified appraisal experience, education, and testing to become a designated member and to adhere to standards of professional practice to maintain the designation, or the Association of Consulting Foresters of America, Inc., Arkansas Chapter.

“(C) A practicing licensed or certified appraiser shall not be denied the opportunity to submit his or her name for consideration to fill an appointment to the board based solely upon membership or lack of membership in a particular appraisal organization.

“(3) The Arkansas Bankers Association, the Arkansas Community Bankers Association, the Mortgage Bankers Association of Arkansas, Inc., and the Cornerstone Credit Union League each shall annually submit a list of two (2) names on or before January 15, if a vacancy exists on the board, of each calendar year to the Governor, and the financial member may be appointed from the lists of names provided.”

Amendments. The 2009 amendment, in (a)(1)(C), substituted “The Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.” for “this chapter,” and made a minor stylistic change.

The 2015 amendment by No. 695 rewrote (a)(1)(A); rewrote (b)(2)(A)(i); deleted former (b)(2)(B) and (b)(2)(C); redesignated and rewrote former (b)(2)(D) as present (b)(2)(B); rewrote (b)(3); and deleted “and the Governor may reappoint these positions biennially” at the end of (c)(1)(B).

The 2015 amendment by No. 1100 inserted “subject to confirmation by the Senate” in (b)(1)(A); rewrote (b)(2)(A); deleted former (b)(2)(B) and redesignated the remaining subdivisions accordingly; and deleted the former last sentence in present (b)(2)(B).

The 2015 amendment by No. 1156, in (b)(3), substituted “Community Bankers” for “Independent Bankers Association”, substituted “Cornerstone Credit Union League” for “Arkansas Credit Union League”, substituted “shall annually” for “should”, and deleted “annually” preceding “on or before January 15”.

The 2017 amendment by No. 252 deleted “hereby” before “created” in the introductory language of (a); redesignated and rewrote part of former (a)(1)(A) as the introductory language of (a)(1); in (a)(1)(B), substituted “No more than two (2) appraiser members” for “Of the seven (7) practicing appraiser members, more than two (2)” and “districts; and” for “districts as they now exist”; and deleted “Additionally” at the beginning of (a)(1)(C).

The 2017 amendment by No. 535 rewrote (b)(2)(A)(i) and (b)(2)(B); in (b)(2)(C), substituted “A practicing licensed or certified appraiser shall not” for “No practicing appraisers shall”, “his or her name” for “their names”, “an appointment to the board” for “either of the two (2) at-large appointments to this board”, and “a particular appraisal” for “any particular appraisal”; and inserted “if a vacancy exists on the board” in (b)(3).

The 2017 amendment by No. 817 deleted (b)(1)(B), (b)(2)(A), (b)(2)(C) and (b)(3); and redesignated and rewrote former (b)(2)(B) as present (b)(2).

The 2019 amendment inserted “or regional” in (b)(2)(A).