Can Arkansas county equalization board members complete their required training online instead of in person?

Plain-English summary

Senator Bob Ballinger asked whether Arkansas Code § 26-27-324 allows or prohibits online training for county equalization board members who must recertify every three years. Attorney General Leslie Rutledge concluded that the statute is silent on format. Section 26-27-324(a)(1) directs the Assessment Coordination Division (ACD) to approve curricula, supervise a comprehensive course, make training materials freely available online, and answer technical questions, but it does not say whether the seminars themselves must be in person.

Because the statute leaves delivery format to the ACD director, online training is permissible. The opinion noted that ACD was already using a hybrid model where members could choose online or in-person attendance.

Currency note

This opinion was issued in 2021. The General Assembly may have amended § 26-27-324 since, and ACD's actual training format may have evolved. Confirm the current statute and ACD's current schedule before relying on this analysis for a recertification question.

What this means for you

If you serve on a county equalization board

Based on this opinion, you can satisfy your three-year recertification requirement by completing the comprehensive course in whichever format ACD offers, including online. Confirm the current schedule with ACD before assuming an online option exists for your cycle.

If you are an ACD trainer or scheduler

Section 26-27-324 leaves you discretion on delivery format, but the curriculum requirements in subsection (b) still apply, and training materials must be made freely available online under § 26-27-324(a)(1)(C). Online seminars are explicitly permitted; in-person and hybrid options are also fine.

If you are an Arkansas appraiser or attorney

The PDF's footnote 1 says the ACD director may waive the comprehensive-course requirement for appraisers registered, licensed, or certified to perform appraisals in Arkansas, and for attorneys licensed to practice law in Arkansas. The opinion does not further analyze that waiver provision.

Common questions

Q: Does Arkansas law require county equalization board training to be in person?
A: Per this opinion, no. Section 26-27-324 says nothing about delivery format. The ACD director picks the format, and online sessions are allowed.

Q: What happens if a board member skips recertification?
A: Section 26-27-324(d), as cited in the opinion, conditions ongoing certification on completing the comprehensive course every three years. Members who do not complete recertification cannot participate in equalization board hearings.

Q: Can someone be exempted from the course entirely?
A: The PDF's footnote 1 says the ACD director may waive the requirement for appraisers registered, licensed, or certified to perform appraisals in Arkansas and for attorneys licensed to practice law in Arkansas. The AG's answer otherwise concerns online delivery.

Background and statutory framework

Section 26-27-324, in effect since January 2018, lays out ACD's obligations: approve curricula, supervise a comprehensive course with completion certificates, post materials online, and provide staff for technical questions. The PDF notes that subsection (b) lists required curriculum topics, while the cited provisions do not mandate a delivery format for the seminars.

When a statute is silent on a particular operational detail, the agency charged with administering the program has discretion to fill the gap, so long as the agency stays within the statute's required scope. Here, ACD's choice between in-person, online, or hybrid delivery falls within that discretion.

Citations and references

Statutes:

• Ark. Code Ann. § 26-27-324 (county equalization board training and ACD duties)
• Ark. Code Ann. § 26-27-324(c)(3)(B) (waiver provision cited in PDF footnote 1)
• Ark. Code Ann. § 26-27-324(d) (three-year course requirement cited in PDF footnote 1)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion No. 2021-057
December 21, 2021

The Honorable Bob Ballinger
State Senator
1047 CR 5099
Ozark, AR 72949

Dear Senator Ballinger:

This is in response to your request for an opinion from this office regarding the annual equalization board seminars conducted by the Assessment Coordination Division of the Arkansas Department of Finance and Administration. In this regard, you have asked the following question:

Is online training provided for in the law, or is it specifically prohibited that the training required for recertification be done online?

RESPONSE

Arkansas Code section 26-27-324 charges the Arkansas Department of Finance and Administration's Assessment Coordination Division (ACD) with providing comprehensive training and education to members of county equalization boards. The statute does not contain any specifications or restrictions regarding the delivery format of these trainings. Therefore, it is my opinion that ACD may conduct comprehensive trainings online for members of county equalization boards.

DISCUSSION

I take your question to be referring to Ark. Code Ann. § 26-27-324, which tasks ACD with providing comprehensive training and education courses and materials to members of county equalization boards. Board members must complete a comprehensive course, or "seminar," every three years in order to remain certified and to participate in county equalization board hearings.

As relevant to your question, section 26-27-324 provides:

(a)(1) Beginning January 1, 2018, the Director of the Assessment Coordination Division shall:

(A) Approve curricula and provide materials for use in training and educating members of county equalization boards;

(B) Supervise a comprehensive course for training and education of members of county equalization boards and issue certificates indicating course completion;

(C) Make all materials for use in training and educating members of county equalization boards freely available online; and

(D) Provide staff to respond to technical questions relating to the duties and responsibilities of members of county equalization boards and property appraisal issues.

While this subdivision requires that all training materials be made "freely available online," it does not specify whether the trainings themselves should be conducted online or in person. Instead, the statute simply charges the ACD Director with overseeing the trainings, which, in my opinion, would include determining their delivery format.

In response to your specific question, therefore, ACD may conduct online trainings for members of county equalization boards; and there is no "specific prohibition" that prevents it from doing so.

Sincerely,

LESLIE RUTLEDGE
Attorney General

Note: As you may know, ACD currently uses a combination of online and in-person training seminars for members of county equalization boards, such that board members may choose their method of attendance.

PDF footnote 1: Ark. Code Ann. § 26-27-324(d) (Repl. 2020). The ACD Director may waive this requirement for appraisers who are registered, licensed, or certified to perform appraisals in Arkansas and for attorneys licensed to practice law in Arkansas. Id. at § 26-27-324(c)(3)(B).

PDF footnote 2: Id. at § 26-27-324(a)(1).

PDF footnote 3: Note that the ACD Director does not have free reign with respect to establishing and conducting the comprehensive course, as subsection 26-27-324(b) lists certain topics that must be covered in the course curricula and materials.