Hearings — Review — Access to records

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  1. (a) As part of an investigation or as a condition of renewal, the Arkansas Home Inspector Registration Board may require a home inspector to submit in writing home inspection reports and other documents to be reviewed by the board.

  2. (b) Requests by the board for copies of home inspection reports shall supersede any contract of client privacy or confidentiality whether written or oral.

  3. (c) Any documents submitted to the board as part of an investigation shall:

    1. (1) Be considered as confidential documents;

    2. (2) Be used only for the purpose for which they are requested;

    3. (3) Not be available for public viewing;

    4. (4) Not become part of any official file; and

    5. (5) Not be revealed to any nonboard members.

  4. (d) When the action for which they were requested is completed by the board, the documents shall be returned to the home inspector at his or her own expense or destroyed if the home inspector requests that the documents be destroyed.

  5. (e) In fulfilling its duties under this subchapter, the board shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and any person aggrieved by any rule or other actions of the board for which an appeal is not provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., may appeal to the Pulaski County Circuit Court.

  6. (f) All work papers submitted to the board for action on complaints and disciplinary procedures under this subchapter shall not be deemed public records under the Freedom of Information Act of 1967, § 25-19-101 et seq.


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