(a) A person whose complaint against a licensed school, administrator, or instructor is dismissed by the Executive Director of the Arkansas Real Estate Commission without a hearing may appeal the dismissal to the Arkansas Real Estate Commission subject to the following:
(1) The request for appeal is in writing and received by the commission within sixty (60) days following the date of dismissal by the executive director;
(2) The request for appeal is accompanied by a filing fee as the commission may require under this subchapter; and
(3) (A) (i) The appellant shall pay the cost of preparing the record for the commission's review.
(ii) The appellant shall pay the costs within thirty (30) days after notification of the amount or the appeal is dismissed.
(B) If the commission's review results in an order to hold a hearing, the filing fee and the cost of preparing the record are refunded to the appellant.
(C) A person who is indigent and cannot pay the filing fee or the cost of the record, or both, may file a pauper's oath in a form provided by the commission. If the commission determines that the appellant is indeed indigent, the filing fee or cost of the record may be waived.
(b)
(1) An appeal perfected under subsection (a) of this section is presented to and decided by the commission on the written record.
(2) The decision by the commission may be to affirm the dismissal by the executive director, to order additional investigation, or to order a hearing.
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