Ark. Code Ann. § 25-43-105 — AR Code / Title 25 / Chapter 43 / Subchapter 1 / Section 25-43-105
Cabinet-level department transfers
Status: in_force

(a) The administrative functions of a state entity subject to a cabinet-level department transfer under this chapter shall be administered under the direction and supervision of the cabinet-level department into which the state entity is transferred. (b) A state entity subject to a cabinet-level department transfer of the state entity's administrative functions under this chapter shall make available to the cabinet-level department all records of the administrative functions of the state entity, unless otherwise provided by law. (c) (1) The employees of a state entity subject to a cabinet-level department transfer under this chapter shall be considered employees of the cabinet-level department. (2) The job descriptions, duties, salaries, and benefits of the employee positions shall be determined by the secretary of the cabinet-level department as consistent with Arkansas law, unless otherwise provided by law. (3) The employees of a state entity subject to a cabinet-level department transfer under this chapter shall be compensated in accordance with the Uniform Classification and Compensation Act, § 21-5-201 et seq., except as otherwise provided by law. (4) The programs and positions funded by special funds allocated by law to a state entity subject to a cabinet-level department transfer under this chapter shall continue to be used for the designated purposes of the programs and positions. (5) This section does not reduce any right that an employee of a state entity transferred subject to a cabinet-level department transfer under this chapter has under any civil service or merit system. (d) A cabinet-level department shall provide all administrative support, employment needs, and staff to carry out the orders, rules, regulations, directives, and standards promulgated or issued by the state entities subject to a cabinet-level department transfer under this chapter, unless otherwise provided by law. (e) A state entity subject to a cabinet-level department transfer under this chapter shall be administered under the direction and supervision of the cabinet-level department but shall otherwise continue to exercise the stated statutory authority, powers, duties, and functions as exercised before the cabinet-level department transfer, unless otherwise provided by law, including without limitation: (1) The promulgation of rules; (2) The collection of fees; (3) The licensing, certification, or registration authority over designated occupations; and (4) The creation of programs unless otherwise provided by law. (f) (1) Any revenue, including without limitation cash funds, special revenue, trust fund income, federal grants, aid, reimbursements, nonrevenue receipts, and other moneys, securities and investments held in accounts by a state entity subject to a cabinet-level department transfer under this chapter, including without limitation unexpended balances that may be carried forward: (A) Shall not be transferred to the cabinet-level department; (B) Shall continue to be held in the accounts; and (C) Shall be used solely for the purposes for which the revenue was collected as provided by law. (2) Revenue under subdivision (f)(1) of this section includes revenue regardless of when collected, including without limitation revenue collected after July 1, 2019. (g) (1) Except as provided in subdivision (g)(2) of this section, all records, employees, unexpended balances of state appropriations or state allocations, and functions of budgeting and purchasing of a state entity subject to a cabinet-level department transfer under this chapter are transferred to the cabinet-level department. (2) All records pertaining to bonds issued by a state entity subject to a cabinet-level department transfer under this chapter shall remain with the state entity subject to a cabinet-level department transfer under this chapter. (h) (1) All real property owned in fee simple by a state entity subject to a cabinet-level department transfer under this chapter shall remain in the name of the state entity subject to a cabinet-level department transfer under this chapter, to be administered by the cabinet-level department. (2) (A) Except as otherwise provided in subdivision (h)(2)(B) or (h)(2)(C) of this section, all other property of the state entity subject to a cabinet-level department transfer under this chapter, including without limitation real property not subject to subdivision (h)(1) of this section, personal property, fixtures, contracts, and assignable leases, shall be transferred to the cabinet-level department. (B) Any property constructed using special or cash revenue of a state entity subject to a cabinet-level department transfer under this chapter shall remain the property of the state entity subject to a cabinet-level department transfer under this chapter. (C) Contracts, instruments, or securities pertaining to or made in connection with the issuance of bonds or financing of programs shall not be transferred to the cabinet-level department by a state entity subject to a cabinet-level department transfer under this chapter. (i) A state entity subject to a cabinet-level department transfer under this chapter may continue to use all remaining stationery, branded material, or other similar items until the stationery, branded material, or other similar items are expended. (j) (1) A state entity subject to a cabinet-level department transfer under this chapter currently designated as a public body politic and corporate shall continue as a public body politic and corporate. (2) Bonds or other obligations of a state entity subject to a cabinet-level department transfer under this chapter currently designated as a public body politic and corporate shall: (A) Continue to state on their face that such bonds are obligations only of the state entity subject to a cabinet-level department transfer under this chapter; and (B) In no event constitute: (i) An indebtedness of the State of Arkansas; (ii) An indebtedness for which the faith and credit of the State of Arkansas or any of its revenue are pledged; or (iii) A secured lien on or a security interest in property of the state. Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.

(a) The administrative functions of a state entity subject to a cabinet-level department transfer under this chapter shall be administered under the direction and supervision of the cabinet-level department into which the state entity is transferred.

(b) A state entity subject to a cabinet-level department transfer of the state entity's administrative functions under this chapter shall make available to the cabinet-level department all records of the administrative functions of the state entity, unless otherwise provided by law.

(c) (1) The employees of a state entity subject to a cabinet-level department transfer under this chapter shall be considered employees of the cabinet-level department. (2) The job descriptions, duties, salaries, and benefits of the employee positions shall be determined by the secretary of the cabinet-level department as consistent with Arkansas law, unless otherwise provided by law. (3) The employees of a state entity subject to a cabinet-level department transfer under this chapter shall be compensated in accordance with the Uniform Classification and Compensation Act, § 21-5-201 et seq., except as otherwise provided by law. (4) The programs and positions funded by special funds allocated by law to a state entity subject to a cabinet-level department transfer under this chapter shall continue to be used for the designated purposes of the programs and positions. (5) This section does not reduce any right that an employee of a state entity transferred subject to a cabinet-level department transfer under this chapter has under any civil service or merit system.

(1) The employees of a state entity subject to a cabinet-level department transfer under this chapter shall be considered employees of the cabinet-level department.

(2) The job descriptions, duties, salaries, and benefits of the employee positions shall be determined by the secretary of the cabinet-level department as consistent with Arkansas law, unless otherwise provided by law.

(3) The employees of a state entity subject to a cabinet-level department transfer under this chapter shall be compensated in accordance with the Uniform Classification and Compensation Act, § 21-5-201 et seq., except as otherwise provided by law.

(4) The programs and positions funded by special funds allocated by law to a state entity subject to a cabinet-level department transfer under this chapter shall continue to be used for the designated purposes of the programs and positions.

(5) This section does not reduce any right that an employee of a state entity transferred subject to a cabinet-level department transfer under this chapter has under any civil service or merit system.

(d) A cabinet-level department shall provide all administrative support, employment needs, and staff to carry out the orders, rules, regulations, directives, and standards promulgated or issued by the state entities subject to a cabinet-level department transfer under this chapter, unless otherwise provided by law.

(e) A state entity subject to a cabinet-level department transfer under this chapter shall be administered under the direction and supervision of the cabinet-level department but shall otherwise continue to exercise the stated statutory authority, powers, duties, and functions as exercised before the cabinet-level department transfer, unless otherwise provided by law, including without limitation: (1) The promulgation of rules; (2) The collection of fees; (3) The licensing, certification, or registration authority over designated occupations; and (4) The creation of programs unless otherwise provided by law.

(1) The promulgation of rules;

(2) The collection of fees;

(3) The licensing, certification, or registration authority over designated occupations; and

(4) The creation of programs unless otherwise provided by law.

(f) (1) Any revenue, including without limitation cash funds, special revenue, trust fund income, federal grants, aid, reimbursements, nonrevenue receipts, and other moneys, securities and investments held in accounts by a state entity subject to a cabinet-level department transfer under this chapter, including without limitation unexpended balances that may be carried forward: (A) Shall not be transferred to the cabinet-level department; (B) Shall continue to be held in the accounts; and (C) Shall be used solely for the purposes for which the revenue was collected as provided by law. (2) Revenue under subdivision (f)(1) of this section includes revenue regardless of when collected, including without limitation revenue collected after July 1, 2019.

(1) Any revenue, including without limitation cash funds, special revenue, trust fund income, federal grants, aid, reimbursements, nonrevenue receipts, and other moneys, securities and investments held in accounts by a state entity subject to a cabinet-level department transfer under this chapter, including without limitation unexpended balances that may be carried forward: (A) Shall not be transferred to the cabinet-level department; (B) Shall continue to be held in the accounts; and (C) Shall be used solely for the purposes for which the revenue was collected as provided by law.

(A) Shall not be transferred to the cabinet-level department;

(B) Shall continue to be held in the accounts; and

(C) Shall be used solely for the purposes for which the revenue was collected as provided by law.

(2) Revenue under subdivision (f)(1) of this section includes revenue regardless of when collected, including without limitation revenue collected after July 1, 2019.

(g) (1) Except as provided in subdivision (g)(2) of this section, all records, employees, unexpended balances of state appropriations or state allocations, and functions of budgeting and purchasing of a state entity subject to a cabinet-level department transfer under this chapter are transferred to the cabinet-level department. (2) All records pertaining to bonds issued by a state entity subject to a cabinet-level department transfer under this chapter shall remain with the state entity subject to a cabinet-level department transfer under this chapter.

(1) Except as provided in subdivision (g)(2) of this section, all records, employees, unexpended balances of state appropriations or state allocations, and functions of budgeting and purchasing of a state entity subject to a cabinet-level department transfer under this chapter are transferred to the cabinet-level department.

(2) All records pertaining to bonds issued by a state entity subject to a cabinet-level department transfer under this chapter shall remain with the state entity subject to a cabinet-level department transfer under this chapter.

(h) (1) All real property owned in fee simple by a state entity subject to a cabinet-level department transfer under this chapter shall remain in the name of the state entity subject to a cabinet-level department transfer under this chapter, to be administered by the cabinet-level department. (2) (A) Except as otherwise provided in subdivision (h)(2)(B) or (h)(2)(C) of this section, all other property of the state entity subject to a cabinet-level department transfer under this chapter, including without limitation real property not subject to subdivision (h)(1) of this section, personal property, fixtures, contracts, and assignable leases, shall be transferred to the cabinet-level department. (B) Any property constructed using special or cash revenue of a state entity subject to a cabinet-level department transfer under this chapter shall remain the property of the state entity subject to a cabinet-level department transfer under this chapter. (C) Contracts, instruments, or securities pertaining to or made in connection with the issuance of bonds or financing of programs shall not be transferred to the cabinet-level department by a state entity subject to a cabinet-level department transfer under this chapter.

(1) All real property owned in fee simple by a state entity subject to a cabinet-level department transfer under this chapter shall remain in the name of the state entity subject to a cabinet-level department transfer under this chapter, to be administered by the cabinet-level department.

(2) (A) Except as otherwise provided in subdivision (h)(2)(B) or (h)(2)(C) of this section, all other property of the state entity subject to a cabinet-level department transfer under this chapter, including without limitation real property not subject to subdivision (h)(1) of this section, personal property, fixtures, contracts, and assignable leases, shall be transferred to the cabinet-level department. (B) Any property constructed using special or cash revenue of a state entity subject to a cabinet-level department transfer under this chapter shall remain the property of the state entity subject to a cabinet-level department transfer under this chapter. (C) Contracts, instruments, or securities pertaining to or made in connection with the issuance of bonds or financing of programs shall not be transferred to the cabinet-level department by a state entity subject to a cabinet-level department transfer under this chapter.

(A) Except as otherwise provided in subdivision (h)(2)(B) or (h)(2)(C) of this section, all other property of the state entity subject to a cabinet-level department transfer under this chapter, including without limitation real property not subject to subdivision (h)(1) of this section, personal property, fixtures, contracts, and assignable leases, shall be transferred to the cabinet-level department.

(B) Any property constructed using special or cash revenue of a state entity subject to a cabinet-level department transfer under this chapter shall remain the property of the state entity subject to a cabinet-level department transfer under this chapter.

(C) Contracts, instruments, or securities pertaining to or made in connection with the issuance of bonds or financing of programs shall not be transferred to the cabinet-level department by a state entity subject to a cabinet-level department transfer under this chapter.

(i) A state entity subject to a cabinet-level department transfer under this chapter may continue to use all remaining stationery, branded material, or other similar items until the stationery, branded material, or other similar items are expended.

(j) (1) A state entity subject to a cabinet-level department transfer under this chapter currently designated as a public body politic and corporate shall continue as a public body politic and corporate. (2) Bonds or other obligations of a state entity subject to a cabinet-level department transfer under this chapter currently designated as a public body politic and corporate shall: (A) Continue to state on their face that such bonds are obligations only of the state entity subject to a cabinet-level department transfer under this chapter; and (B) In no event constitute: (i) An indebtedness of the State of Arkansas; (ii) An indebtedness for which the faith and credit of the State of Arkansas or any of its revenue are pledged; or (iii) A secured lien on or a security interest in property of the state.

(1) A state entity subject to a cabinet-level department transfer under this chapter currently designated as a public body politic and corporate shall continue as a public body politic and corporate.

(2) Bonds or other obligations of a state entity subject to a cabinet-level department transfer under this chapter currently designated as a public body politic and corporate shall: (A) Continue to state on their face that such bonds are obligations only of the state entity subject to a cabinet-level department transfer under this chapter; and (B) In no event constitute: (i) An indebtedness of the State of Arkansas; (ii) An indebtedness for which the faith and credit of the State of Arkansas or any of its revenue are pledged; or (iii) A secured lien on or a security interest in property of the state.

(A) Continue to state on their face that such bonds are obligations only of the state entity subject to a cabinet-level department transfer under this chapter; and

(B) In no event constitute: (i) An indebtedness of the State of Arkansas; (ii) An indebtedness for which the faith and credit of the State of Arkansas or any of its revenue are pledged; or (iii) A secured lien on or a security interest in property of the state.

(i) An indebtedness of the State of Arkansas;

(ii) An indebtedness for which the faith and credit of the State of Arkansas or any of its revenue are pledged; or

(iii) A secured lien on or a security interest in property of the state.

Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.
Ark. Code Ann. § 25-16-711 — AR Code / Title 25 / Chapter 16 / Subchapter 7 / Section 25-16-711
Disputes between Attorney General and a constitutional officer
Status: in_force

In the event that the Attorney General and a constitutional officer disagree on the interpretation of any constitutional provision, act, rule, or regulation which affects the duties of that constitutional officer, the constitutional officer is authorized to employ special counsel to resolve the disagreement by litigation. This special counsel shall receive a reasonable compensation for his or her services. Acts 1975, No. 246, § 1; A.S.A. 1947, § 12-126.

In the event that the Attorney General and a constitutional officer disagree on the interpretation of any constitutional provision, act, rule, or regulation which affects the duties of that constitutional officer, the constitutional officer is authorized to employ special counsel to resolve the disagreement by litigation. This special counsel shall receive a reasonable compensation for his or her services.

Acts 1975, No. 246, § 1; A.S.A. 1947, § 12-126.
Ark. Code Ann. § 25-1-502 — AR Code / Title 25 / Chapter 1 / Subchapter 5 / Section 25-1-502
Definitions
Status: in_force

As used in this subchapter: (1) (A) (i) "Boycott Israel" and "boycott of Israel" means engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. (ii) "Boycott" does not include those boycotts to which 50 U.S.C. § 4607(c) applies. (B) A company's statement that it is participating in boycotts of Israel, or that it has taken the boycott action at the request, in compliance with, or in furtherance of calls for a boycott of Israel, can be considered by the Arkansas Development Finance Authority as a type of evidence, among others, that a company is participating in a boycott of Israel; (2) "Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations; (3) "Direct holdings" in reference to a company means all publicly traded securities of that company that are held directly by the public entity in an actively managed account or fund in which the public entity owns all shares or interests; (4) "Indirect holdings" in reference to a company means all securities of that company that are held in an account or fund, such as a mutual fund, managed by one (1) or more persons not employed by the public entity, in which the public entity owns shares or interests together with other investors not subject to the provisions of this subchapter or that are held in an index fund; (5) "Public entity" means the State of Arkansas, or a political subdivision of the state, including all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the state, created by or in accordance with state law or rules, and does include colleges, universities, a statewide public employee retirement system, and institutions in Arkansas as well as units of local and municipal government; (6) "Restricted companies" means companies that boycott Israel; and (7) "Retirement system" means a public retirement system in Arkansas. Amended by Act 2019, No. 315,§ 2909, eff. 7/24/2019. Added by Act 2017, No. 710,§ 1, eff. 8/1/2017.

As used in this subchapter:

(1) (A) (i) "Boycott Israel" and "boycott of Israel" means engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. (ii) "Boycott" does not include those boycotts to which 50 U.S.C. § 4607(c) applies. (B) A company's statement that it is participating in boycotts of Israel, or that it has taken the boycott action at the request, in compliance with, or in furtherance of calls for a boycott of Israel, can be considered by the Arkansas Development Finance Authority as a type of evidence, among others, that a company is participating in a boycott of Israel;

(A) (i) "Boycott Israel" and "boycott of Israel" means engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. (ii) "Boycott" does not include those boycotts to which 50 U.S.C. § 4607(c) applies.

(i) "Boycott Israel" and "boycott of Israel" means engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner.

(ii) "Boycott" does not include those boycotts to which 50 U.S.C. § 4607(c) applies.

(B) A company's statement that it is participating in boycotts of Israel, or that it has taken the boycott action at the request, in compliance with, or in furtherance of calls for a boycott of Israel, can be considered by the Arkansas Development Finance Authority as a type of evidence, among others, that a company is participating in a boycott of Israel;

(2) "Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations;

(3) "Direct holdings" in reference to a company means all publicly traded securities of that company that are held directly by the public entity in an actively managed account or fund in which the public entity owns all shares or interests;

(4) "Indirect holdings" in reference to a company means all securities of that company that are held in an account or fund, such as a mutual fund, managed by one (1) or more persons not employed by the public entity, in which the public entity owns shares or interests together with other investors not subject to the provisions of this subchapter or that are held in an index fund;

(5) "Public entity" means the State of Arkansas, or a political subdivision of the state, including all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the state, created by or in accordance with state law or rules, and does include colleges, universities, a statewide public employee retirement system, and institutions in Arkansas as well as units of local and municipal government;

(6) "Restricted companies" means companies that boycott Israel; and

(7) "Retirement system" means a public retirement system in Arkansas.

Amended by Act 2019, No. 315,§ 2909, eff. 7/24/2019.

Added by Act 2017, No. 710,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 25-38-201 — AR Code / Title 25 / Chapter 38 / Subchapter 2 / Section 25-38-201
Legislative findings
Status: in_force

The General Assembly finds that: (1) Agriculture accounts for thirteen billion dollars ($13,000,000,000) or one-fifth (1/5) of the gross state product of Arkansas; (2) Two hundred ninety-one thousand (291,000) Arkansas jobs directly involve or operate in support of agriculture; (3) Agriculture and agriculture-related jobs account for twenty-three percent (23%) of all employment in Arkansas; (4) Responsibility for supporting agriculture in Arkansas is spread across six (6) state agencies; (5) Marketing of the agricultural products of Arkansas is made extremely difficult by the diffusion of responsibility across six (6) state agencies; and (6) Marketing of the agricultural products of Arkansas would be vastly improved if a central office were devoted to creating, publicizing, and sustaining an information network for Arkansas farmers and ranchers. Acts 2005, No. 1978, § 1.

The General Assembly finds that:

(1) Agriculture accounts for thirteen billion dollars ($13,000,000,000) or one-fifth (1/5) of the gross state product of Arkansas;

(2) Two hundred ninety-one thousand (291,000) Arkansas jobs directly involve or operate in support of agriculture;

(3) Agriculture and agriculture-related jobs account for twenty-three percent (23%) of all employment in Arkansas;

(4) Responsibility for supporting agriculture in Arkansas is spread across six (6) state agencies;

(5) Marketing of the agricultural products of Arkansas is made extremely difficult by the diffusion of responsibility across six (6) state agencies; and

(6) Marketing of the agricultural products of Arkansas would be vastly improved if a central office were devoted to creating, publicizing, and sustaining an information network for Arkansas farmers and ranchers.

Acts 2005, No. 1978, § 1.
Ark. Code Ann. § 25-20-403 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-403
Creation
Status: in_force

(a) (1) The governing bodies of any two (2) or more municipal electric utilities entering into an interlocal agreement under the Interlocal Cooperation Act, § 25-20-101 et seq., are authorized to create an authority as a separate legal entity for the purposes set forth in this subchapter. (2) For the purposes of this section, a rural electric cooperative corporation that is not a member of a generation or transmission cooperative or a municipal electric utility system in another state may join in the formation of an authority. (b) An authority created under this subchapter shall be referenced as an Arkansas Municipal Electric Utility Consolidated Authority # 1, #2, #3, and so forth as determined by the Secretary of State. (c) (1) The governing body of a municipal electric utility wishing to create an authority under this subchapter shall approve by ordinance or resolution or otherwise pursuant to law an interlocal agreement specifying the matters set forth in § 25-20-104 . (2) An application shall be filed with the Secretary of State. (3) Review by the Secretary of State as contemplated by this section shall be in addition to those filings required by §§ 25-20-104(f) and 25-20-105(a) . (d) An interlocal agreement shall: (1) Specify any limitations on the exercise of the authority's powers, including such matters, if any, as to which the governing bodies of the municipal electric utilities reserve rights to approve, disapprove, or otherwise participate in any exercise of the authority's powers; (2) Provide for reasonable payments in lieu of taxes or other payments by the authority to the participating governing bodies of the municipal electric utilities, as the governing bodies may deem appropriate; (3) Specify the: (A) Number of commissioners of the authority; (B) Terms of office of the commissioners; (C) Manner of appointing or electing the commissioners; (D) Residency requirements applicable to commissioners; and (E) Voting rights of each commissioner. The voting rights may vary by commissioner; and (4) Set forth other matters not inconsistent with this subchapter with respect to the creation and operation of the authority as the governing bodies of the municipal electric utilities may deem necessary or appropriate. (e) (1) An application to create an authority under this subchapter shall then be prepared, setting forth: (A) A request that an authority be created under this subchapter; (B) The proposed name for the authority; (C) The names of the participating governing bodies of municipal electric utilities; (D) The number of commissioners of the authority; (E) The manner in which commissioners of the authority will be appointed or elected and the residency requirements applicable to commissioners; (F) The voting rights of each commissioner; (G) Special procedures for amending the certificate of incorporation, if any; and (H) Other matters not inconsistent with this subchapter with respect to the creation and operation of the authority as the governing bodies of the municipal electric utilities may deem necessary or appropriate. (2) The application shall be signed on behalf of each governing body of municipal electric utilities by an authorized official thereof. (f) (1) In addition to the filing requirements contained in §§ 25-20-104(f) and 25-20-105(a) , the Secretary of State shall examine the application and, if the Secretary of State finds that the name proposed for the authority is not identical with that of any other corporation, agency, or instrumentality of the State of Arkansas, so nearly similar as to lead to confusion and uncertainty, or otherwise deceptively misleading, the Secretary of State shall: (A) Receive and file the application; (B) Record the application in an appropriate book of record in his or her office; (C) Make and issue a certificate of incorporation under the seal of the State of Arkansas setting forth the name of the authority and the names of the participating municipal electric utilities; and (D) Record the certificate in an appropriate book of record in his or her office. (2) A copy of the certificate of incorporation certified by the Secretary of State shall be admissible in evidence in any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the authority and shall be conclusive proof of the filing and contents of the certificate and the effective creation of the authority, absent fraud in the premises being established. (g) (1) Any certificate of incorporation issued by the Secretary of State under this subchapter may be amended from time to time: (A) In the manner provided in the certificate of incorporation then existing; or (B) If the certificate of incorporation does not specify a procedure for its amendment, with the consent of a majority of the commissioners of the authority who are entitled to vote. (2) (A) The amendment shall be signed by an officer or other authorized person of the authority who shall certify that the certificate of incorporation has been amended in accordance with the procedures of this subchapter and, as applicable, in the manner prescribed in the then-existing certificate of incorporation. (B) Upon filing the amendment with the Secretary of State in the manner provided in this section, the Secretary of State shall make and issue an amendment to the certificate of incorporation. Acts 2003, No. 366, § 1.

(a) (1) The governing bodies of any two (2) or more municipal electric utilities entering into an interlocal agreement under the Interlocal Cooperation Act, § 25-20-101 et seq., are authorized to create an authority as a separate legal entity for the purposes set forth in this subchapter. (2) For the purposes of this section, a rural electric cooperative corporation that is not a member of a generation or transmission cooperative or a municipal electric utility system in another state may join in the formation of an authority.

(1) The governing bodies of any two (2) or more municipal electric utilities entering into an interlocal agreement under the Interlocal Cooperation Act, § 25-20-101 et seq., are authorized to create an authority as a separate legal entity for the purposes set forth in this subchapter.

(2) For the purposes of this section, a rural electric cooperative corporation that is not a member of a generation or transmission cooperative or a municipal electric utility system in another state may join in the formation of an authority.

(b) An authority created under this subchapter shall be referenced as an Arkansas Municipal Electric Utility Consolidated Authority # 1, #2, #3, and so forth as determined by the Secretary of State.

(c) (1) The governing body of a municipal electric utility wishing to create an authority under this subchapter shall approve by ordinance or resolution or otherwise pursuant to law an interlocal agreement specifying the matters set forth in § 25-20-104 . (2) An application shall be filed with the Secretary of State. (3) Review by the Secretary of State as contemplated by this section shall be in addition to those filings required by §§ 25-20-104(f) and 25-20-105(a) .

(1) The governing body of a municipal electric utility wishing to create an authority under this subchapter shall approve by ordinance or resolution or otherwise pursuant to law an interlocal agreement specifying the matters set forth in § 25-20-104 .

(2) An application shall be filed with the Secretary of State.

(3) Review by the Secretary of State as contemplated by this section shall be in addition to those filings required by §§ 25-20-104(f) and 25-20-105(a) .

(d) An interlocal agreement shall: (1) Specify any limitations on the exercise of the authority's powers, including such matters, if any, as to which the governing bodies of the municipal electric utilities reserve rights to approve, disapprove, or otherwise participate in any exercise of the authority's powers; (2) Provide for reasonable payments in lieu of taxes or other payments by the authority to the participating governing bodies of the municipal electric utilities, as the governing bodies may deem appropriate; (3) Specify the: (A) Number of commissioners of the authority; (B) Terms of office of the commissioners; (C) Manner of appointing or electing the commissioners; (D) Residency requirements applicable to commissioners; and (E) Voting rights of each commissioner. The voting rights may vary by commissioner; and (4) Set forth other matters not inconsistent with this subchapter with respect to the creation and operation of the authority as the governing bodies of the municipal electric utilities may deem necessary or appropriate.

(1) Specify any limitations on the exercise of the authority's powers, including such matters, if any, as to which the governing bodies of the municipal electric utilities reserve rights to approve, disapprove, or otherwise participate in any exercise of the authority's powers;

(2) Provide for reasonable payments in lieu of taxes or other payments by the authority to the participating governing bodies of the municipal electric utilities, as the governing bodies may deem appropriate;

(3) Specify the: (A) Number of commissioners of the authority; (B) Terms of office of the commissioners; (C) Manner of appointing or electing the commissioners; (D) Residency requirements applicable to commissioners; and (E) Voting rights of each commissioner. The voting rights may vary by commissioner; and

(A) Number of commissioners of the authority;

(B) Terms of office of the commissioners;

(C) Manner of appointing or electing the commissioners;

(D) Residency requirements applicable to commissioners; and

(E) Voting rights of each commissioner. The voting rights may vary by commissioner; and

(4) Set forth other matters not inconsistent with this subchapter with respect to the creation and operation of the authority as the governing bodies of the municipal electric utilities may deem necessary or appropriate.

(e) (1) An application to create an authority under this subchapter shall then be prepared, setting forth: (A) A request that an authority be created under this subchapter; (B) The proposed name for the authority; (C) The names of the participating governing bodies of municipal electric utilities; (D) The number of commissioners of the authority; (E) The manner in which commissioners of the authority will be appointed or elected and the residency requirements applicable to commissioners; (F) The voting rights of each commissioner; (G) Special procedures for amending the certificate of incorporation, if any; and (H) Other matters not inconsistent with this subchapter with respect to the creation and operation of the authority as the governing bodies of the municipal electric utilities may deem necessary or appropriate. (2) The application shall be signed on behalf of each governing body of municipal electric utilities by an authorized official thereof.

(1) An application to create an authority under this subchapter shall then be prepared, setting forth: (A) A request that an authority be created under this subchapter; (B) The proposed name for the authority; (C) The names of the participating governing bodies of municipal electric utilities; (D) The number of commissioners of the authority; (E) The manner in which commissioners of the authority will be appointed or elected and the residency requirements applicable to commissioners; (F) The voting rights of each commissioner; (G) Special procedures for amending the certificate of incorporation, if any; and (H) Other matters not inconsistent with this subchapter with respect to the creation and operation of the authority as the governing bodies of the municipal electric utilities may deem necessary or appropriate.

(A) A request that an authority be created under this subchapter;

(B) The proposed name for the authority;

(C) The names of the participating governing bodies of municipal electric utilities;

(D) The number of commissioners of the authority;

(E) The manner in which commissioners of the authority will be appointed or elected and the residency requirements applicable to commissioners;

(F) The voting rights of each commissioner;

(G) Special procedures for amending the certificate of incorporation, if any; and

(H) Other matters not inconsistent with this subchapter with respect to the creation and operation of the authority as the governing bodies of the municipal electric utilities may deem necessary or appropriate.

(2) The application shall be signed on behalf of each governing body of municipal electric utilities by an authorized official thereof.

(f) (1) In addition to the filing requirements contained in §§ 25-20-104(f) and 25-20-105(a) , the Secretary of State shall examine the application and, if the Secretary of State finds that the name proposed for the authority is not identical with that of any other corporation, agency, or instrumentality of the State of Arkansas, so nearly similar as to lead to confusion and uncertainty, or otherwise deceptively misleading, the Secretary of State shall: (A) Receive and file the application; (B) Record the application in an appropriate book of record in his or her office; (C) Make and issue a certificate of incorporation under the seal of the State of Arkansas setting forth the name of the authority and the names of the participating municipal electric utilities; and (D) Record the certificate in an appropriate book of record in his or her office. (2) A copy of the certificate of incorporation certified by the Secretary of State shall be admissible in evidence in any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the authority and shall be conclusive proof of the filing and contents of the certificate and the effective creation of the authority, absent fraud in the premises being established.

(1) In addition to the filing requirements contained in §§ 25-20-104(f) and 25-20-105(a) , the Secretary of State shall examine the application and, if the Secretary of State finds that the name proposed for the authority is not identical with that of any other corporation, agency, or instrumentality of the State of Arkansas, so nearly similar as to lead to confusion and uncertainty, or otherwise deceptively misleading, the Secretary of State shall: (A) Receive and file the application; (B) Record the application in an appropriate book of record in his or her office; (C) Make and issue a certificate of incorporation under the seal of the State of Arkansas setting forth the name of the authority and the names of the participating municipal electric utilities; and (D) Record the certificate in an appropriate book of record in his or her office.

(A) Receive and file the application;

(B) Record the application in an appropriate book of record in his or her office;

(C) Make and issue a certificate of incorporation under the seal of the State of Arkansas setting forth the name of the authority and the names of the participating municipal electric utilities; and

(D) Record the certificate in an appropriate book of record in his or her office.

(2) A copy of the certificate of incorporation certified by the Secretary of State shall be admissible in evidence in any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the authority and shall be conclusive proof of the filing and contents of the certificate and the effective creation of the authority, absent fraud in the premises being established.

(g) (1) Any certificate of incorporation issued by the Secretary of State under this subchapter may be amended from time to time: (A) In the manner provided in the certificate of incorporation then existing; or (B) If the certificate of incorporation does not specify a procedure for its amendment, with the consent of a majority of the commissioners of the authority who are entitled to vote. (2) (A) The amendment shall be signed by an officer or other authorized person of the authority who shall certify that the certificate of incorporation has been amended in accordance with the procedures of this subchapter and, as applicable, in the manner prescribed in the then-existing certificate of incorporation. (B) Upon filing the amendment with the Secretary of State in the manner provided in this section, the Secretary of State shall make and issue an amendment to the certificate of incorporation.

(1) Any certificate of incorporation issued by the Secretary of State under this subchapter may be amended from time to time: (A) In the manner provided in the certificate of incorporation then existing; or (B) If the certificate of incorporation does not specify a procedure for its amendment, with the consent of a majority of the commissioners of the authority who are entitled to vote.

(A) In the manner provided in the certificate of incorporation then existing; or

(B) If the certificate of incorporation does not specify a procedure for its amendment, with the consent of a majority of the commissioners of the authority who are entitled to vote.

(2) (A) The amendment shall be signed by an officer or other authorized person of the authority who shall certify that the certificate of incorporation has been amended in accordance with the procedures of this subchapter and, as applicable, in the manner prescribed in the then-existing certificate of incorporation. (B) Upon filing the amendment with the Secretary of State in the manner provided in this section, the Secretary of State shall make and issue an amendment to the certificate of incorporation.

(A) The amendment shall be signed by an officer or other authorized person of the authority who shall certify that the certificate of incorporation has been amended in accordance with the procedures of this subchapter and, as applicable, in the manner prescribed in the then-existing certificate of incorporation.

(B) Upon filing the amendment with the Secretary of State in the manner provided in this section, the Secretary of State shall make and issue an amendment to the certificate of incorporation.

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-10-141 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-141
Subpoenas in administrative adjudications
Status: in_force

(a) (1) (A) In every case of adjudication before the Department of Human Services, an administrative law judge shall have the power to issue subpoenas for the attendance of witnesses, the production of documents, or both, upon request of any party to the adjudication. (B) Requests for a subpoena shall be granted by the administrative law judge if the testimony or documents desired are considered necessary and material without being unduly repetitious of other available evidence. (2) Each subpoena shall: (A) State that the subpoena is issued in a proceeding pending before the department; (B) Contain the title of the administrative adjudication; and (C) Command each person to whom it is directed to appear and give testimony at the time and place therein specified. (3) Subpoenas may require the production of documents including: (A) Writings; (B) Drawings; (C) Graphs; (D) Charts; (E) Photographs; (F) Recordings; and (G) Other data compilations from which information can be obtained. (4) The party who requested a subpoena shall be responsible for serving the subpoena in the manner provided by law. (5) Return of service shall be recorded, and the record shall be retained in the adjudication case file. (6) (A) The Pulaski County Circuit Court or the circuit court of the county of residence of any person duly served with a subpoena issued under this section may enforce the subpoena. (B) Enforcement shall be in the manner provided by law for the enforcement of subpoenas issued by a circuit court. (b) Upon motion and a showing of good cause, the presiding official may issue orders quashing or limiting subpoenas based on a determination that: (1) The person subpoenaed does not have relevant, admissible evidence; (2) The information or records sought are irrelevant to the adjudication; (3) The information or records sought are confidential and not subject to disclosure or to production under federal laws or regulations or state law; (4) Compliance with the subpoena would result in undue burden or expense; or (5) The evidence possessed by the person subpoenaed or the information or record sought is unduly repetitious of other available evidence. (c) If any child served with a subpoena to be a witness in an administrative hearing is a party to an open dependency-neglect or family-in-need-of-services case, the child's attorney ad litem shall be provided a copy of the subpoena. Acts 2011, No. 1139, § 5.

(a) (1) (A) In every case of adjudication before the Department of Human Services, an administrative law judge shall have the power to issue subpoenas for the attendance of witnesses, the production of documents, or both, upon request of any party to the adjudication. (B) Requests for a subpoena shall be granted by the administrative law judge if the testimony or documents desired are considered necessary and material without being unduly repetitious of other available evidence. (2) Each subpoena shall: (A) State that the subpoena is issued in a proceeding pending before the department; (B) Contain the title of the administrative adjudication; and (C) Command each person to whom it is directed to appear and give testimony at the time and place therein specified. (3) Subpoenas may require the production of documents including: (A) Writings; (B) Drawings; (C) Graphs; (D) Charts; (E) Photographs; (F) Recordings; and (G) Other data compilations from which information can be obtained. (4) The party who requested a subpoena shall be responsible for serving the subpoena in the manner provided by law. (5) Return of service shall be recorded, and the record shall be retained in the adjudication case file. (6) (A) The Pulaski County Circuit Court or the circuit court of the county of residence of any person duly served with a subpoena issued under this section may enforce the subpoena. (B) Enforcement shall be in the manner provided by law for the enforcement of subpoenas issued by a circuit court.

(1) (A) In every case of adjudication before the Department of Human Services, an administrative law judge shall have the power to issue subpoenas for the attendance of witnesses, the production of documents, or both, upon request of any party to the adjudication. (B) Requests for a subpoena shall be granted by the administrative law judge if the testimony or documents desired are considered necessary and material without being unduly repetitious of other available evidence.

(A) In every case of adjudication before the Department of Human Services, an administrative law judge shall have the power to issue subpoenas for the attendance of witnesses, the production of documents, or both, upon request of any party to the adjudication.

(B) Requests for a subpoena shall be granted by the administrative law judge if the testimony or documents desired are considered necessary and material without being unduly repetitious of other available evidence.

(2) Each subpoena shall: (A) State that the subpoena is issued in a proceeding pending before the department; (B) Contain the title of the administrative adjudication; and (C) Command each person to whom it is directed to appear and give testimony at the time and place therein specified.

(A) State that the subpoena is issued in a proceeding pending before the department;

(B) Contain the title of the administrative adjudication; and

(C) Command each person to whom it is directed to appear and give testimony at the time and place therein specified.

(3) Subpoenas may require the production of documents including: (A) Writings; (B) Drawings; (C) Graphs; (D) Charts; (E) Photographs; (F) Recordings; and (G) Other data compilations from which information can be obtained.

(A) Writings;

(B) Drawings;

(C) Graphs;

(D) Charts;

(E) Photographs;

(F) Recordings; and

(G) Other data compilations from which information can be obtained.

(4) The party who requested a subpoena shall be responsible for serving the subpoena in the manner provided by law.

(5) Return of service shall be recorded, and the record shall be retained in the adjudication case file.

(6) (A) The Pulaski County Circuit Court or the circuit court of the county of residence of any person duly served with a subpoena issued under this section may enforce the subpoena. (B) Enforcement shall be in the manner provided by law for the enforcement of subpoenas issued by a circuit court.

(A) The Pulaski County Circuit Court or the circuit court of the county of residence of any person duly served with a subpoena issued under this section may enforce the subpoena.

(B) Enforcement shall be in the manner provided by law for the enforcement of subpoenas issued by a circuit court.

(b) Upon motion and a showing of good cause, the presiding official may issue orders quashing or limiting subpoenas based on a determination that: (1) The person subpoenaed does not have relevant, admissible evidence; (2) The information or records sought are irrelevant to the adjudication; (3) The information or records sought are confidential and not subject to disclosure or to production under federal laws or regulations or state law; (4) Compliance with the subpoena would result in undue burden or expense; or (5) The evidence possessed by the person subpoenaed or the information or record sought is unduly repetitious of other available evidence.

(1) The person subpoenaed does not have relevant, admissible evidence;

(2) The information or records sought are irrelevant to the adjudication;

(3) The information or records sought are confidential and not subject to disclosure or to production under federal laws or regulations or state law;

(4) Compliance with the subpoena would result in undue burden or expense; or

(5) The evidence possessed by the person subpoenaed or the information or record sought is unduly repetitious of other available evidence.

(c) If any child served with a subpoena to be a witness in an administrative hearing is a party to an open dependency-neglect or family-in-need-of-services case, the child's attorney ad litem shall be provided a copy of the subpoena.

Acts 2011, No. 1139, § 5.
Ark. Code Ann. § 25-20-504 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-504
Board of commissioners
Status: in_force

(a) (1) Each public body created under this subchapter shall have a board of commissioners consisting of at least three (3) commissioners, with each commissioner residing within the jurisdiction of one (1) of the participating public agencies and otherwise meeting any residency requirements under the public body's certificate of incorporation. (2) Each commissioner shall be appointed or elected in the manner set forth in the public body's certificate of incorporation and shall serve a term of office as specified in the interlocal agreement. (b) The commissioners shall not receive compensation for their services but shall be entitled to reimbursement of expenses incurred in the performance of their duties. (c) Before entering upon their duties, the commissioners shall take and file with the Secretary of State an oath of office swearing to discharge faithfully their duties in the manner provided by law. (d) (1) (A) The board of commissioners shall meet and organize by electing one (1) of their number as chair, one (1) as vice chair, one (1) as secretary, and one (1) as treasurer. (B) Officers shall be elected annually thereafter in like manner. (2) The duties of secretary and treasurer may be performed by the same commissioner. (3) (A) The secretary may cause copies to be made of all minutes and other records and documents of the public body. (B) The secretary may certify under the official seal of the public body that the copies are true copies, and persons dealing with the public body may rely upon the certification. Acts 2009, No. 1371, § 1.

(a) (1) Each public body created under this subchapter shall have a board of commissioners consisting of at least three (3) commissioners, with each commissioner residing within the jurisdiction of one (1) of the participating public agencies and otherwise meeting any residency requirements under the public body's certificate of incorporation. (2) Each commissioner shall be appointed or elected in the manner set forth in the public body's certificate of incorporation and shall serve a term of office as specified in the interlocal agreement.

(1) Each public body created under this subchapter shall have a board of commissioners consisting of at least three (3) commissioners, with each commissioner residing within the jurisdiction of one (1) of the participating public agencies and otherwise meeting any residency requirements under the public body's certificate of incorporation.

(2) Each commissioner shall be appointed or elected in the manner set forth in the public body's certificate of incorporation and shall serve a term of office as specified in the interlocal agreement.

(b) The commissioners shall not receive compensation for their services but shall be entitled to reimbursement of expenses incurred in the performance of their duties.

(c) Before entering upon their duties, the commissioners shall take and file with the Secretary of State an oath of office swearing to discharge faithfully their duties in the manner provided by law.

(d) (1) (A) The board of commissioners shall meet and organize by electing one (1) of their number as chair, one (1) as vice chair, one (1) as secretary, and one (1) as treasurer. (B) Officers shall be elected annually thereafter in like manner. (2) The duties of secretary and treasurer may be performed by the same commissioner. (3) (A) The secretary may cause copies to be made of all minutes and other records and documents of the public body. (B) The secretary may certify under the official seal of the public body that the copies are true copies, and persons dealing with the public body may rely upon the certification.

(1) (A) The board of commissioners shall meet and organize by electing one (1) of their number as chair, one (1) as vice chair, one (1) as secretary, and one (1) as treasurer. (B) Officers shall be elected annually thereafter in like manner.

(A) The board of commissioners shall meet and organize by electing one (1) of their number as chair, one (1) as vice chair, one (1) as secretary, and one (1) as treasurer.

(B) Officers shall be elected annually thereafter in like manner.

(2) The duties of secretary and treasurer may be performed by the same commissioner.

(3) (A) The secretary may cause copies to be made of all minutes and other records and documents of the public body. (B) The secretary may certify under the official seal of the public body that the copies are true copies, and persons dealing with the public body may rely upon the certification.

(A) The secretary may cause copies to be made of all minutes and other records and documents of the public body.

(B) The secretary may certify under the official seal of the public body that the copies are true copies, and persons dealing with the public body may rely upon the certification.

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-34-106 — AR Code / Title 25 / Chapter 34 / Section 25-34-106
Sale of surplus computer equipment and electronics
Status: in_force

(a) If an agency policy established under § 25-34-104 provides for the preferential sale of surplus computer and electronic equipment to agency employees, that computer and electronic equipment shall be sold at a price determined by the Department of Finance and Administration. (b) If an agency policy established under § 25-34-104 provides for the preferential sale of surplus computer and electronic equipment to Arkansas public schools or local governments, that computer and electronic equipment shall be sold at a price determined by the Department of Finance and Administration. Acts 2001, No. 1410, § 6; 2005, No. 970, § 4.

(a) If an agency policy established under § 25-34-104 provides for the preferential sale of surplus computer and electronic equipment to agency employees, that computer and electronic equipment shall be sold at a price determined by the Department of Finance and Administration.

(b) If an agency policy established under § 25-34-104 provides for the preferential sale of surplus computer and electronic equipment to Arkansas public schools or local governments, that computer and electronic equipment shall be sold at a price determined by the Department of Finance and Administration.

Acts 2001, No. 1410, § 6; 2005, No. 970, § 4.
Ark. Code Ann. § 25-37-102 — AR Code / Title 25 / Chapter 37 / Section 25-37-102
Procurement of biobased products
Status: in_force

(a) After the date specified in the guidelines prepared under subsection (b) of this section, each state agency that procures any items designated in the guidelines shall give preference in making procurement decisions to the items composed of the highest percentage of biobased products that are: (1) Practicable; and (2) Consistent with maintaining a satisfactory level of competition. (b) (1) (A) The Office of State Procurement of the Department of Finance and Administration shall prepare and, from time to time, revise guidelines for the use of procuring agencies in complying with the requirements of this section. (B) The guidelines shall: (i) Be developed using federal guidelines that designate biobased products that qualify for preferred procurement as authorized by section 9002 of the Farm Security and Rural Investment Act of 2002, 7 U.S.C. § 8102 , as those federal guidelines and that federal law existed on January 1, 2005; (ii) Provide direct or indirect access to information regarding items identified or certified by federal rules, as they existed on January 1, 2005, that are or can be produced with biobased products and whose procurement by procuring agencies will carry out the objectives of this section; (iii) Set forth recommended practices with respect to the procurement of biobased products and items containing biobased materials; and (iv) Provide direct or indirect access to information on availability, relative price, performance, and environmental and public health benefits of biobased materials and items. (2) The office shall prepare final procurement guidelines under this section within one hundred eighty (180) days based on the federal regulations pursuant to 7 U.S.C. § 8102 as they existed on January 1, 2005. (c) (1) The office shall implement the requirements of this section. (2) Every two (2) years beginning on or before June 30, 2006, the office shall report to the Joint Budget Committee during each regular session of the General Assembly on: (A) Actions taken by state agencies with regard to purchases of biobased products; and (B) Progress made in the implementation of this section, including agency compliance with subsection (b) of this section. (3) (A) Every two (2) years, on or before March 31, each state agency shall report to the office on the effectiveness of the agency's procurement program. (B) The office shall prepare and make available to each state agency a procedure for presenting the report required under subdivision (c)(3)(A) of this section. Acts 2005, No. 542, § 1.

(a) After the date specified in the guidelines prepared under subsection (b) of this section, each state agency that procures any items designated in the guidelines shall give preference in making procurement decisions to the items composed of the highest percentage of biobased products that are: (1) Practicable; and (2) Consistent with maintaining a satisfactory level of competition.

(1) Practicable; and

(2) Consistent with maintaining a satisfactory level of competition.

(b) (1) (A) The Office of State Procurement of the Department of Finance and Administration shall prepare and, from time to time, revise guidelines for the use of procuring agencies in complying with the requirements of this section. (B) The guidelines shall: (i) Be developed using federal guidelines that designate biobased products that qualify for preferred procurement as authorized by section 9002 of the Farm Security and Rural Investment Act of 2002, 7 U.S.C. § 8102 , as those federal guidelines and that federal law existed on January 1, 2005; (ii) Provide direct or indirect access to information regarding items identified or certified by federal rules, as they existed on January 1, 2005, that are or can be produced with biobased products and whose procurement by procuring agencies will carry out the objectives of this section; (iii) Set forth recommended practices with respect to the procurement of biobased products and items containing biobased materials; and (iv) Provide direct or indirect access to information on availability, relative price, performance, and environmental and public health benefits of biobased materials and items. (2) The office shall prepare final procurement guidelines under this section within one hundred eighty (180) days based on the federal regulations pursuant to 7 U.S.C. § 8102 as they existed on January 1, 2005.

(1) (A) The Office of State Procurement of the Department of Finance and Administration shall prepare and, from time to time, revise guidelines for the use of procuring agencies in complying with the requirements of this section. (B) The guidelines shall: (i) Be developed using federal guidelines that designate biobased products that qualify for preferred procurement as authorized by section 9002 of the Farm Security and Rural Investment Act of 2002, 7 U.S.C. § 8102 , as those federal guidelines and that federal law existed on January 1, 2005; (ii) Provide direct or indirect access to information regarding items identified or certified by federal rules, as they existed on January 1, 2005, that are or can be produced with biobased products and whose procurement by procuring agencies will carry out the objectives of this section; (iii) Set forth recommended practices with respect to the procurement of biobased products and items containing biobased materials; and (iv) Provide direct or indirect access to information on availability, relative price, performance, and environmental and public health benefits of biobased materials and items.

(A) The Office of State Procurement of the Department of Finance and Administration shall prepare and, from time to time, revise guidelines for the use of procuring agencies in complying with the requirements of this section.

(B) The guidelines shall: (i) Be developed using federal guidelines that designate biobased products that qualify for preferred procurement as authorized by section 9002 of the Farm Security and Rural Investment Act of 2002, 7 U.S.C. § 8102 , as those federal guidelines and that federal law existed on January 1, 2005; (ii) Provide direct or indirect access to information regarding items identified or certified by federal rules, as they existed on January 1, 2005, that are or can be produced with biobased products and whose procurement by procuring agencies will carry out the objectives of this section; (iii) Set forth recommended practices with respect to the procurement of biobased products and items containing biobased materials; and (iv) Provide direct or indirect access to information on availability, relative price, performance, and environmental and public health benefits of biobased materials and items.

(i) Be developed using federal guidelines that designate biobased products that qualify for preferred procurement as authorized by section 9002 of the Farm Security and Rural Investment Act of 2002, 7 U.S.C. § 8102 , as those federal guidelines and that federal law existed on January 1, 2005;

(ii) Provide direct or indirect access to information regarding items identified or certified by federal rules, as they existed on January 1, 2005, that are or can be produced with biobased products and whose procurement by procuring agencies will carry out the objectives of this section;

(iii) Set forth recommended practices with respect to the procurement of biobased products and items containing biobased materials; and

(iv) Provide direct or indirect access to information on availability, relative price, performance, and environmental and public health benefits of biobased materials and items.

(2) The office shall prepare final procurement guidelines under this section within one hundred eighty (180) days based on the federal regulations pursuant to 7 U.S.C. § 8102 as they existed on January 1, 2005.

(c) (1) The office shall implement the requirements of this section. (2) Every two (2) years beginning on or before June 30, 2006, the office shall report to the Joint Budget Committee during each regular session of the General Assembly on: (A) Actions taken by state agencies with regard to purchases of biobased products; and (B) Progress made in the implementation of this section, including agency compliance with subsection (b) of this section. (3) (A) Every two (2) years, on or before March 31, each state agency shall report to the office on the effectiveness of the agency's procurement program. (B) The office shall prepare and make available to each state agency a procedure for presenting the report required under subdivision (c)(3)(A) of this section.

(1) The office shall implement the requirements of this section.

(2) Every two (2) years beginning on or before June 30, 2006, the office shall report to the Joint Budget Committee during each regular session of the General Assembly on: (A) Actions taken by state agencies with regard to purchases of biobased products; and (B) Progress made in the implementation of this section, including agency compliance with subsection (b) of this section.

(A) Actions taken by state agencies with regard to purchases of biobased products; and

(B) Progress made in the implementation of this section, including agency compliance with subsection (b) of this section.

(3) (A) Every two (2) years, on or before March 31, each state agency shall report to the office on the effectiveness of the agency's procurement program. (B) The office shall prepare and make available to each state agency a procedure for presenting the report required under subdivision (c)(3)(A) of this section.

(A) Every two (2) years, on or before March 31, each state agency shall report to the office on the effectiveness of the agency's procurement program.

(B) The office shall prepare and make available to each state agency a procedure for presenting the report required under subdivision (c)(3)(A) of this section.

Acts 2005, No. 542, § 1.
Ark. Code Ann. § 25-10-401 — AR Code / Title 25 / Chapter 10 / Subchapter 4 / Section 25-10-401
Creation
Status: in_force

The state institutions known as the Arkansas State Hospital at Little Rock, the Arkansas Health Center at Benton, the Arkansas Services Center at Jonesboro, the youth services center located at North Little Rock, the Arkansas Juvenile Assessment and Treatment Center located in Saline County, and all other facilities owned and operated by the department for youth services or mental health treatment are consolidated to form the Department of Human Services State Institutional System. Acts 1995, No. 1162, § 1; 1997, No. 1333, § 2; 2005, No. 1954, § 10; 2007, No. 384, § 10; 2007, No. 855, § 1; 2009, No. 549, § 2.

The state institutions known as the Arkansas State Hospital at Little Rock, the Arkansas Health Center at Benton, the Arkansas Services Center at Jonesboro, the youth services center located at North Little Rock, the Arkansas Juvenile Assessment and Treatment Center located in Saline County, and all other facilities owned and operated by the department for youth services or mental health treatment are consolidated to form the Department of Human Services State Institutional System.

Acts 1995, No. 1162, § 1; 1997, No. 1333, § 2; 2005, No. 1954, § 10; 2007, No. 384, § 10; 2007, No. 855, § 1; 2009, No. 549, § 2.
Ark. Code Ann. § 25-10-204 — AR Code / Title 25 / Chapter 10 / Subchapter 2 / Section 25-10-204
Powers and duties
Status: in_force

(a) (1) The Division of State Services for the Blind within the Department of Commerce is designated as the agency of the State of Arkansas primarily responsible for carrying out state and federal programs for rehabilitative social services or business enterprises for individuals of this state who are blind or have visual impairments, including, but not limited to, those programs and services established pursuant to the Rehabilitation Act of 1973, as amended, Pub. L. No. 93-112, and any subsequent legislation to Pub. L. No. 93-112. The division, as the designated agency, shall receive the full, complete, effective, and timely cooperation of any other agencies, organizations, or offices receiving financial support by or through the State of Arkansas, either directly or indirectly, and in any amount. (2) The division shall be responsible for the administration of all functions and programs relating or pertaining to rehabilitation and social services, and business enterprise services for the blind, including the organized vending facility program as now established, for which the division shall serve as the licensing agency for the blind. (b) The division is designated as the unit of the state government of Arkansas primarily responsible for assuring that individuals with visual impairments shall receive the full benefit of services for which federal grants-in-aid assistance in any form, under any title, and from any source shall be available from time to time to accomplish the purposes of this subchapter. (c) The division is authorized to enter into such contracts with the United States Government, to submit such plans to the United States Government, and to adopt such methods of administration as the United States Government may require in order to assure maximum federal financial involvement in those services and functions which the division is authorized to administer directly. (d) (1) The division may assist all other state agencies, departments, offices, or committees traditionally and legally responsible for the direct administration of services which bear upon the objective of preventing or ameliorating visual impairments throughout the State of Arkansas by providing technical advice and consultation to those state organizations, reviewing plans and program material developed and maintained within those state organizations, making appropriate recommendations, and carrying out the evaluation functions previously assigned to the Office for the Blind and Visually Impaired. (2) Where it is mutually determined by the division and one (1) or more other state agencies that it would be to the best interest of the taxpayers of the state or to the advantage of individuals with visual impairments for the other agency or agencies directly to provide a particular service which tends to prevent or ameliorate visual impairments, the division and the state agency or agencies involved are authorized to enter into interagency contracts or agreements which might reasonably be necessary to assure that the service is provided effectively and in a manner consistent with maximally efficient use of available resources. Amended by Act 2023, No. 503,§ 11, eff. 8/1/2023. Amended by Act 2023, No. 182,§ 16, eff. 8/1/2023. Acts 1983, No. 481, §§ 5, 6; A.S.A. 1947, §§ 5-943, 5-944.

(a) (1) The Division of State Services for the Blind within the Department of Commerce is designated as the agency of the State of Arkansas primarily responsible for carrying out state and federal programs for rehabilitative social services or business enterprises for individuals of this state who are blind or have visual impairments, including, but not limited to, those programs and services established pursuant to the Rehabilitation Act of 1973, as amended, Pub. L. No. 93-112, and any subsequent legislation to Pub. L. No. 93-112. The division, as the designated agency, shall receive the full, complete, effective, and timely cooperation of any other agencies, organizations, or offices receiving financial support by or through the State of Arkansas, either directly or indirectly, and in any amount. (2) The division shall be responsible for the administration of all functions and programs relating or pertaining to rehabilitation and social services, and business enterprise services for the blind, including the organized vending facility program as now established, for which the division shall serve as the licensing agency for the blind.

(1) The Division of State Services for the Blind within the Department of Commerce is designated as the agency of the State of Arkansas primarily responsible for carrying out state and federal programs for rehabilitative social services or business enterprises for individuals of this state who are blind or have visual impairments, including, but not limited to, those programs and services established pursuant to the Rehabilitation Act of 1973, as amended, Pub. L. No. 93-112, and any subsequent legislation to Pub. L. No. 93-112. The division, as the designated agency, shall receive the full, complete, effective, and timely cooperation of any other agencies, organizations, or offices receiving financial support by or through the State of Arkansas, either directly or indirectly, and in any amount.

(2) The division shall be responsible for the administration of all functions and programs relating or pertaining to rehabilitation and social services, and business enterprise services for the blind, including the organized vending facility program as now established, for which the division shall serve as the licensing agency for the blind.

(b) The division is designated as the unit of the state government of Arkansas primarily responsible for assuring that individuals with visual impairments shall receive the full benefit of services for which federal grants-in-aid assistance in any form, under any title, and from any source shall be available from time to time to accomplish the purposes of this subchapter.

(c) The division is authorized to enter into such contracts with the United States Government, to submit such plans to the United States Government, and to adopt such methods of administration as the United States Government may require in order to assure maximum federal financial involvement in those services and functions which the division is authorized to administer directly.

(d) (1) The division may assist all other state agencies, departments, offices, or committees traditionally and legally responsible for the direct administration of services which bear upon the objective of preventing or ameliorating visual impairments throughout the State of Arkansas by providing technical advice and consultation to those state organizations, reviewing plans and program material developed and maintained within those state organizations, making appropriate recommendations, and carrying out the evaluation functions previously assigned to the Office for the Blind and Visually Impaired. (2) Where it is mutually determined by the division and one (1) or more other state agencies that it would be to the best interest of the taxpayers of the state or to the advantage of individuals with visual impairments for the other agency or agencies directly to provide a particular service which tends to prevent or ameliorate visual impairments, the division and the state agency or agencies involved are authorized to enter into interagency contracts or agreements which might reasonably be necessary to assure that the service is provided effectively and in a manner consistent with maximally efficient use of available resources.

(1) The division may assist all other state agencies, departments, offices, or committees traditionally and legally responsible for the direct administration of services which bear upon the objective of preventing or ameliorating visual impairments throughout the State of Arkansas by providing technical advice and consultation to those state organizations, reviewing plans and program material developed and maintained within those state organizations, making appropriate recommendations, and carrying out the evaluation functions previously assigned to the Office for the Blind and Visually Impaired.

(2) Where it is mutually determined by the division and one (1) or more other state agencies that it would be to the best interest of the taxpayers of the state or to the advantage of individuals with visual impairments for the other agency or agencies directly to provide a particular service which tends to prevent or ameliorate visual impairments, the division and the state agency or agencies involved are authorized to enter into interagency contracts or agreements which might reasonably be necessary to assure that the service is provided effectively and in a manner consistent with maximally efficient use of available resources.

Amended by Act 2023, No. 503,§ 11, eff. 8/1/2023.

Amended by Act 2023, No. 182,§ 16, eff. 8/1/2023.

Acts 1983, No. 481, §§ 5, 6; A.S.A. 1947, §§ 5-943, 5-944.
Ark. Code Ann. § 25-16-506 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-506
Access to other offices
Status: in_force

The Auditor of State shall have free access to all the other offices of the state for the inspection, concerning his or her duties, of all books, accounts, and papers which they respectively contain. Rev. Stat., ch. 18, § 30; C. & M. Dig., § 4447; Pope's Dig., § 5482; A.S.A. 1947, § 12-517.

The Auditor of State shall have free access to all the other offices of the state for the inspection, concerning his or her duties, of all books, accounts, and papers which they respectively contain.

Rev. Stat., ch. 18, § 30; C. & M. Dig., § 4447; Pope's Dig., § 5482; A.S.A. 1947, § 12-517.
Ark. Code Ann. § 25-15-201 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-201
Title
Status: in_force

This subchapter shall be known and cited as the "Arkansas Administrative Procedure Act". Acts 1967, No. 434, § 15; A.S.A. 1947, § 5-714.

This subchapter shall be known and cited as the "Arkansas Administrative Procedure Act".

Acts 1967, No. 434, § 15; A.S.A. 1947, § 5-714.
Ark. Code Ann. § 25-15-212 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-212
Administrative adjudication - Judicial review
Status: in_force

(a) In cases of adjudication, any person, except an inmate under sentence to the custody of the Division of Correction, who considers himself or herself injured in his or her person, business, or property by final agency action shall be entitled to judicial review of the action under this subchapter. Nothing in this section shall be construed to limit other means of review provided by law. (b) (1) Proceedings for review shall be instituted by filing a petition within thirty (30) days after service upon petitioner of the agency's final decision in: (A) The circuit court of any county in which the petitioner resides or does business; or (B) Pulaski County Circuit Court. (2) Copies of the petition shall be served upon the agency and all other parties of record in accordance with the Arkansas Rules of Civil Procedure. (3) In its discretion, the court may permit other interested persons to intervene. (c) The filing of the petition does not automatically stay enforcement of the agency decision, but the agency or reviewing court may do so upon such terms as may be just. However, on review of disciplinary orders issued by professional licensing boards governing professions of the healing arts, the reviewing court, only after notice and hearing, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of review proceedings. (d) (1) Within thirty (30) days after service of the petition or within such further time as the court may allow but not exceeding an aggregate of ninety (90) days, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. (2) The cost of the preparation of the record shall be borne by the agency. However, the cost of the record shall be recovered from the appealing party if the agency is the prevailing party. (3) By stipulation of all parties to the review proceeding, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. (4) The court may require or permit subsequent corrections or additions to the record. (e) If review proceedings have been instituted in two (2) or more circuit courts with respect to the same order, the agency concerned shall file the record in the court in which a proceeding was first instituted. The other courts in which the proceedings are pending shall thereupon transfer them to the court in which the record has been filed. (f) If before the date set for hearing, application is made to the court for leave to present additional evidence and the court finds that the evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon any conditions which may be just. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court. (g) The review shall be conducted by the court without a jury and shall be confined to the record, except that in cases of alleged irregularities in procedure before the agency not shown in the record, testimony may be taken before the court. The court shall, upon request, hear oral argument and receive written briefs. (h) The court may affirm the decision of the agency or remand the case for further proceedings. It may reverse or modify the decision if the substantial rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the agency's statutory authority; (3) Made upon unlawful procedure; (4) Affected by other error or law; (5) Not supported by substantial evidence of record; or (6) Arbitrary, capricious, or characterized by abuse of discretion. (i) Any agency order which is affirmed or affirmed in part by the court shall be a final judgment subject to writ of garnishment or execution to the extent it is affirmed. Amended by Act 2019, No. 910,§ 1023, eff. 7/1/2019. Acts 1967, No. 434, § 13; 1979, No. 704, § 1; 1985, No. 139, § 3; A.S.A. 1947, § 5-713; Acts 1989, No. 709, § 1; 1999, No. 778, § 1; 2001, No. 1648, § 5.

(a) In cases of adjudication, any person, except an inmate under sentence to the custody of the Division of Correction, who considers himself or herself injured in his or her person, business, or property by final agency action shall be entitled to judicial review of the action under this subchapter. Nothing in this section shall be construed to limit other means of review provided by law.

(b) (1) Proceedings for review shall be instituted by filing a petition within thirty (30) days after service upon petitioner of the agency's final decision in: (A) The circuit court of any county in which the petitioner resides or does business; or (B) Pulaski County Circuit Court. (2) Copies of the petition shall be served upon the agency and all other parties of record in accordance with the Arkansas Rules of Civil Procedure. (3) In its discretion, the court may permit other interested persons to intervene.

(1) Proceedings for review shall be instituted by filing a petition within thirty (30) days after service upon petitioner of the agency's final decision in: (A) The circuit court of any county in which the petitioner resides or does business; or (B) Pulaski County Circuit Court.

(A) The circuit court of any county in which the petitioner resides or does business; or

(B) Pulaski County Circuit Court.

(2) Copies of the petition shall be served upon the agency and all other parties of record in accordance with the Arkansas Rules of Civil Procedure.

(3) In its discretion, the court may permit other interested persons to intervene.

(c) The filing of the petition does not automatically stay enforcement of the agency decision, but the agency or reviewing court may do so upon such terms as may be just. However, on review of disciplinary orders issued by professional licensing boards governing professions of the healing arts, the reviewing court, only after notice and hearing, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of review proceedings.

(d) (1) Within thirty (30) days after service of the petition or within such further time as the court may allow but not exceeding an aggregate of ninety (90) days, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. (2) The cost of the preparation of the record shall be borne by the agency. However, the cost of the record shall be recovered from the appealing party if the agency is the prevailing party. (3) By stipulation of all parties to the review proceeding, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. (4) The court may require or permit subsequent corrections or additions to the record.

(1) Within thirty (30) days after service of the petition or within such further time as the court may allow but not exceeding an aggregate of ninety (90) days, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review.

(2) The cost of the preparation of the record shall be borne by the agency. However, the cost of the record shall be recovered from the appealing party if the agency is the prevailing party.

(3) By stipulation of all parties to the review proceeding, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs.

(4) The court may require or permit subsequent corrections or additions to the record.

(e) If review proceedings have been instituted in two (2) or more circuit courts with respect to the same order, the agency concerned shall file the record in the court in which a proceeding was first instituted. The other courts in which the proceedings are pending shall thereupon transfer them to the court in which the record has been filed.

(f) If before the date set for hearing, application is made to the court for leave to present additional evidence and the court finds that the evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon any conditions which may be just. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.

(g) The review shall be conducted by the court without a jury and shall be confined to the record, except that in cases of alleged irregularities in procedure before the agency not shown in the record, testimony may be taken before the court. The court shall, upon request, hear oral argument and receive written briefs.

(h) The court may affirm the decision of the agency or remand the case for further proceedings. It may reverse or modify the decision if the substantial rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the agency's statutory authority; (3) Made upon unlawful procedure; (4) Affected by other error or law; (5) Not supported by substantial evidence of record; or (6) Arbitrary, capricious, or characterized by abuse of discretion.

(1) In violation of constitutional or statutory provisions;

(2) In excess of the agency's statutory authority;

(3) Made upon unlawful procedure;

(4) Affected by other error or law;

(5) Not supported by substantial evidence of record; or

(6) Arbitrary, capricious, or characterized by abuse of discretion.

(i) Any agency order which is affirmed or affirmed in part by the court shall be a final judgment subject to writ of garnishment or execution to the extent it is affirmed.

Amended by Act 2019, No. 910,§ 1023, eff. 7/1/2019.

Acts 1967, No. 434, § 13; 1979, No. 704, § 1; 1985, No. 139, § 3; A.S.A. 1947, § 5-713; Acts 1989, No. 709, § 1; 1999, No. 778, § 1; 2001, No. 1648, § 5.
Ark. Code Ann. § 25-19-108 — AR Code / Title 25 / Chapter 19 / Section 25-19-108
Information for public guidance
Status: in_force

(a) Each state agency, board, and commission shall prepare and make available: (1) A description of its organization, including central and field offices, the general course and method of its operations, and the established locations, including, but not limited to, telephone numbers and street, mailing, electronic mail, and internet addresses and the methods by which the public may obtain access to public records; (2) A list and general description of its records, including computer databases; (3) (A) Its regulations, rules of procedure, any formally proposed changes, and all other written statements of policy or interpretations formulated, adopted, or used by the agency, board, or commission in the discharge of its functions. (B) (i) Rules, regulations, and opinions used in this section shall refer only to substantive and material items that directly affect procedure and decision-making. (ii) Personnel policies, procedures, and internal policies shall not be subject to the provisions of this section. (iii) Surveys, polls, and fact-gathering for decision-making shall not be subject to the provisions of this section. (iv) Statistical data furnished to a state agency shall be posted only after the agency has concluded its final compilation and result; (4) All documents composing an administrative adjudication decision in a contested matter, except the parts of the decision that are expressly confidential under state or federal law; and (5) Copies of all records, regardless of medium or format, released under § 25-19-105 which, because of the nature of their subject matter, the agency, board, or commission determines have become or are likely to become the subject of frequent requests for substantially the same records. (b) (1) All materials made available by a state agency, board, or commission pursuant to subsection (a) of this section and created after July 1, 2003, shall be made publicly accessible, without charge, in electronic form via the internet. (2) It shall be a sufficient response to a request to inspect or copy the materials that they are available on the internet at a specified location, unless the requester specifies another medium or format under § 25-19-105(d)(2)(B) . (c) (1) An entity that is subject to this chapter that is not included in subsection (a) of this section may opt in to any provision under subdivisions (a)(1)-(5) of this section through ordinance or resolution enacted by its governing body. (2) The ordinance or resolution under subdivision (c)(1) of this section shall comply with subdivision (b)(1) of this section. Amended by Act 2017, No. 1107,§ 2, eff. 4/7/2017. Acts 2001, No. 1653, § 3.

(a) Each state agency, board, and commission shall prepare and make available: (1) A description of its organization, including central and field offices, the general course and method of its operations, and the established locations, including, but not limited to, telephone numbers and street, mailing, electronic mail, and internet addresses and the methods by which the public may obtain access to public records; (2) A list and general description of its records, including computer databases; (3) (A) Its regulations, rules of procedure, any formally proposed changes, and all other written statements of policy or interpretations formulated, adopted, or used by the agency, board, or commission in the discharge of its functions. (B) (i) Rules, regulations, and opinions used in this section shall refer only to substantive and material items that directly affect procedure and decision-making. (ii) Personnel policies, procedures, and internal policies shall not be subject to the provisions of this section. (iii) Surveys, polls, and fact-gathering for decision-making shall not be subject to the provisions of this section. (iv) Statistical data furnished to a state agency shall be posted only after the agency has concluded its final compilation and result; (4) All documents composing an administrative adjudication decision in a contested matter, except the parts of the decision that are expressly confidential under state or federal law; and (5) Copies of all records, regardless of medium or format, released under § 25-19-105 which, because of the nature of their subject matter, the agency, board, or commission determines have become or are likely to become the subject of frequent requests for substantially the same records.

(1) A description of its organization, including central and field offices, the general course and method of its operations, and the established locations, including, but not limited to, telephone numbers and street, mailing, electronic mail, and internet addresses and the methods by which the public may obtain access to public records;

(2) A list and general description of its records, including computer databases;

(3) (A) Its regulations, rules of procedure, any formally proposed changes, and all other written statements of policy or interpretations formulated, adopted, or used by the agency, board, or commission in the discharge of its functions. (B) (i) Rules, regulations, and opinions used in this section shall refer only to substantive and material items that directly affect procedure and decision-making. (ii) Personnel policies, procedures, and internal policies shall not be subject to the provisions of this section. (iii) Surveys, polls, and fact-gathering for decision-making shall not be subject to the provisions of this section. (iv) Statistical data furnished to a state agency shall be posted only after the agency has concluded its final compilation and result;

(A) Its regulations, rules of procedure, any formally proposed changes, and all other written statements of policy or interpretations formulated, adopted, or used by the agency, board, or commission in the discharge of its functions.

(B) (i) Rules, regulations, and opinions used in this section shall refer only to substantive and material items that directly affect procedure and decision-making. (ii) Personnel policies, procedures, and internal policies shall not be subject to the provisions of this section. (iii) Surveys, polls, and fact-gathering for decision-making shall not be subject to the provisions of this section. (iv) Statistical data furnished to a state agency shall be posted only after the agency has concluded its final compilation and result;

(i) Rules, regulations, and opinions used in this section shall refer only to substantive and material items that directly affect procedure and decision-making.

(ii) Personnel policies, procedures, and internal policies shall not be subject to the provisions of this section.

(iii) Surveys, polls, and fact-gathering for decision-making shall not be subject to the provisions of this section.

(iv) Statistical data furnished to a state agency shall be posted only after the agency has concluded its final compilation and result;

(4) All documents composing an administrative adjudication decision in a contested matter, except the parts of the decision that are expressly confidential under state or federal law; and

(5) Copies of all records, regardless of medium or format, released under § 25-19-105 which, because of the nature of their subject matter, the agency, board, or commission determines have become or are likely to become the subject of frequent requests for substantially the same records.

(b) (1) All materials made available by a state agency, board, or commission pursuant to subsection (a) of this section and created after July 1, 2003, shall be made publicly accessible, without charge, in electronic form via the internet. (2) It shall be a sufficient response to a request to inspect or copy the materials that they are available on the internet at a specified location, unless the requester specifies another medium or format under § 25-19-105(d)(2)(B) .

(1) All materials made available by a state agency, board, or commission pursuant to subsection (a) of this section and created after July 1, 2003, shall be made publicly accessible, without charge, in electronic form via the internet.

(2) It shall be a sufficient response to a request to inspect or copy the materials that they are available on the internet at a specified location, unless the requester specifies another medium or format under § 25-19-105(d)(2)(B) .

(c) (1) An entity that is subject to this chapter that is not included in subsection (a) of this section may opt in to any provision under subdivisions (a)(1)-(5) of this section through ordinance or resolution enacted by its governing body. (2) The ordinance or resolution under subdivision (c)(1) of this section shall comply with subdivision (b)(1) of this section.

(1) An entity that is subject to this chapter that is not included in subsection (a) of this section may opt in to any provision under subdivisions (a)(1)-(5) of this section through ordinance or resolution enacted by its governing body.

(2) The ordinance or resolution under subdivision (c)(1) of this section shall comply with subdivision (b)(1) of this section.

Amended by Act 2017, No. 1107,§ 2, eff. 4/7/2017.

Acts 2001, No. 1653, § 3.
Ark. Code Ann. § 25-15-601 — AR Code / Title 25 / Chapter 15 / Subchapter 6 / Section 25-15-601
Definitions
Status: in_force

As used in this subchapter: (1) "Healthcare profession" means a profession or occupation in which healthcare services are provided; (2) "Healthcare professional" means an individual who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; (3) "Licensing entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a healthcare profession; (4) "Rule regarding scope of practice" means a proposed rule as defined by § 25-15-202 , or a proposed amendment to an existing rule as defined by § 25-15-202 , that would, if adopted: (A) Require an additional license, certification, or other authorization for a healthcare profession that is not currently licensed, certified, or authorized in this state; (B) Expand the scope of practice of a healthcare professional; or (C) Limit the scope of practice of a healthcare professional; and (5) "Scope of practice" means the procedures, actions, processes, and services that a healthcare professional is authorized to practice in keeping with the terms of his or her license, certification, or other authorization in a particular healthcare profession. Added by Act 2021, No. 960,§ 1, eff. 7/28/2021.

As used in this subchapter:

(1) "Healthcare profession" means a profession or occupation in which healthcare services are provided;

(2) "Healthcare professional" means an individual who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession;

(3) "Licensing entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a healthcare profession;

(4) "Rule regarding scope of practice" means a proposed rule as defined by § 25-15-202 , or a proposed amendment to an existing rule as defined by § 25-15-202 , that would, if adopted: (A) Require an additional license, certification, or other authorization for a healthcare profession that is not currently licensed, certified, or authorized in this state; (B) Expand the scope of practice of a healthcare professional; or (C) Limit the scope of practice of a healthcare professional; and

(A) Require an additional license, certification, or other authorization for a healthcare profession that is not currently licensed, certified, or authorized in this state;

(B) Expand the scope of practice of a healthcare professional; or

(C) Limit the scope of practice of a healthcare professional; and

(5) "Scope of practice" means the procedures, actions, processes, and services that a healthcare professional is authorized to practice in keeping with the terms of his or her license, certification, or other authorization in a particular healthcare profession.

Added by Act 2021, No. 960,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 25-10-102 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-102
Organization generally
Status: in_force

(a) The Department of Human Services is a cabinet-level department and shall consist of and be operated under an integrated service system consisting of the following programmatic divisions with responsibilities and programs assigned to them as determined by the Secretary of the Department of Human Services and those state entities transferred to the Department of Human Services pursuant to a cabinet-level department transfer under § 25-43-902 : (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; (2) The Division of Medical Services; (3) The Division of Developmental Disabilities Services; (4) The Division of County Operations; (5) The Division of Youth Services; (6) The Division of Children and Family Services; and (7) [Repealed.] (8) The Division of Provider Services and Quality Assurance. (b) The Secretary's Office of the Department of Human Services shall consist of: (1) The Secretary of the Department of Human Services and his or her personal staff; and (2) Shared business services operating across the divisions, offices, sections, and units of the department, including without limitation business operations and administrative functions determined necessary by the secretary. (c) (1) (A) Each division of the department shall be under the direction, control, and supervision of the secretary. (B) From time to time, the secretary may transfer or assign existing duties or new programs or duties of the department to offices, sections, or units as he or she deems necessary for the efficient and necessary operation of the department. (C) Before implementation of any reorganization, the secretary shall obtain the advice of the House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs. (2) (A) However, the state institutions and the operation of state institutional programs under the jurisdiction of the Board of Developmental Disabilities Services and the Department of Human Services State Institutional System Board shall be under the control of their respective boards, as provided by law. (B) The Board of Developmental Disabilities Services and the Department of Human Services State Institutional System Board shall perform their respective functions and duties under the general guidelines and standards promulgated by the secretary. Amended by Act 2023, No. 237,§ 68, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5242, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 4, eff. 8/1/2017. Amended by Act 2015, No. 1203,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1107,§ 46, eff. 8/16/2013. Amended by Act 2013, No. 980,§ 18, eff. 8/16/2013. Acts 1971, No. 38, § 12; 1985, No. 348, § 1; A.S.A. 1947, §§ 5-912, 5-912b; Acts 1989, No. 60, § 1; 1995, No. 164, § 1; 1997, No. 324, § 3; 2001, No. 1213, § 1; 2001, No. 1553, § 56; 2003, No. 1717, § 1; 2005, No. 1954, § 9; 2007, No. 384, § 9; 2007, No. 862, § 2; 2009, No. 549, § 1; 2011, No. 42, § 2.

(a) The Department of Human Services is a cabinet-level department and shall consist of and be operated under an integrated service system consisting of the following programmatic divisions with responsibilities and programs assigned to them as determined by the Secretary of the Department of Human Services and those state entities transferred to the Department of Human Services pursuant to a cabinet-level department transfer under § 25-43-902 : (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; (2) The Division of Medical Services; (3) The Division of Developmental Disabilities Services; (4) The Division of County Operations; (5) The Division of Youth Services; (6) The Division of Children and Family Services; and (7) [Repealed.] (8) The Division of Provider Services and Quality Assurance.

(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;

(2) The Division of Medical Services;

(3) The Division of Developmental Disabilities Services;

(4) The Division of County Operations;

(5) The Division of Youth Services;

(6) The Division of Children and Family Services; and

(7) [Repealed.]

(8) The Division of Provider Services and Quality Assurance.

(b) The Secretary's Office of the Department of Human Services shall consist of: (1) The Secretary of the Department of Human Services and his or her personal staff; and (2) Shared business services operating across the divisions, offices, sections, and units of the department, including without limitation business operations and administrative functions determined necessary by the secretary.

(1) The Secretary of the Department of Human Services and his or her personal staff; and

(2) Shared business services operating across the divisions, offices, sections, and units of the department, including without limitation business operations and administrative functions determined necessary by the secretary.

(c) (1) (A) Each division of the department shall be under the direction, control, and supervision of the secretary. (B) From time to time, the secretary may transfer or assign existing duties or new programs or duties of the department to offices, sections, or units as he or she deems necessary for the efficient and necessary operation of the department. (C) Before implementation of any reorganization, the secretary shall obtain the advice of the House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs. (2) (A) However, the state institutions and the operation of state institutional programs under the jurisdiction of the Board of Developmental Disabilities Services and the Department of Human Services State Institutional System Board shall be under the control of their respective boards, as provided by law. (B) The Board of Developmental Disabilities Services and the Department of Human Services State Institutional System Board shall perform their respective functions and duties under the general guidelines and standards promulgated by the secretary.

(1) (A) Each division of the department shall be under the direction, control, and supervision of the secretary. (B) From time to time, the secretary may transfer or assign existing duties or new programs or duties of the department to offices, sections, or units as he or she deems necessary for the efficient and necessary operation of the department. (C) Before implementation of any reorganization, the secretary shall obtain the advice of the House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs.

(A) Each division of the department shall be under the direction, control, and supervision of the secretary.

(B) From time to time, the secretary may transfer or assign existing duties or new programs or duties of the department to offices, sections, or units as he or she deems necessary for the efficient and necessary operation of the department.

(C) Before implementation of any reorganization, the secretary shall obtain the advice of the House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs.

(2) (A) However, the state institutions and the operation of state institutional programs under the jurisdiction of the Board of Developmental Disabilities Services and the Department of Human Services State Institutional System Board shall be under the control of their respective boards, as provided by law. (B) The Board of Developmental Disabilities Services and the Department of Human Services State Institutional System Board shall perform their respective functions and duties under the general guidelines and standards promulgated by the secretary.

(A) However, the state institutions and the operation of state institutional programs under the jurisdiction of the Board of Developmental Disabilities Services and the Department of Human Services State Institutional System Board shall be under the control of their respective boards, as provided by law.

(B) The Board of Developmental Disabilities Services and the Department of Human Services State Institutional System Board shall perform their respective functions and duties under the general guidelines and standards promulgated by the secretary.

Amended by Act 2023, No. 237,§ 68, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 5242, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 4, eff. 8/1/2017.

Amended by Act 2015, No. 1203,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1107,§ 46, eff. 8/16/2013.

Amended by Act 2013, No. 980,§ 18, eff. 8/16/2013.

Acts 1971, No. 38, § 12; 1985, No. 348, § 1; A.S.A. 1947, §§ 5-912, 5-912b; Acts 1989, No. 60, § 1; 1995, No. 164, § 1; 1997, No. 324, § 3; 2001, No. 1213, § 1; 2001, No. 1553, § 56; 2003, No. 1717, § 1; 2005, No. 1954, § 9; 2007, No. 384, § 9; 2007, No. 862, § 2; 2009, No. 549, § 1; 2011, No. 42, § 2.
Ark. Code Ann. § 25-29-110 — AR Code / Title 25 / Chapter 29 / Section 25-29-110
Annual report
Status: in_force

The Board of Directors of the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall transmit to the Legislative Council, the Secretary of the Department of Commerce, and the Arkansas Public Service Commission an annual report of its activities. The annual report shall be filed by March 31 of each year. Amended by Act 2021, No. 84,§ 21, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 622, eff. 7/1/2019. Acts 1997, No. 1080, § 10.

The Board of Directors of the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall transmit to the Legislative Council, the Secretary of the Department of Commerce, and the Arkansas Public Service Commission an annual report of its activities. The annual report shall be filed by March 31 of each year.

Amended by Act 2021, No. 84,§ 21, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 622, eff. 7/1/2019.

Acts 1997, No. 1080, § 10.
Ark. Code Ann. § 25-15-102 — AR Code / Title 25 / Chapter 15 / Subchapter 1 / Section 25-15-102
Interpreters between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf
Status: in_force

(a) For the purpose of appointing an interpreter between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf under § 25-15-101 : (1) "Administrative proceeding" means a proceeding of a department, board, commission, agency, committee, or licensing authority of the state or of a political subdivision or municipality; (2) "Deaf individual" means an individual who has a documented hearing loss so severe that the individual is unable to process speech and language through hearing, with or without amplification; (3) "Deafblind individual" means an individual who has a combined loss of vision and hearing that prevents the individual's vision or hearing from being used as a primary source for accessing information; (4) "Hard of hearing individual" means an individual who has a hearing loss, may primarily use visual communication, and may use assistive devices; (5) "Interpreter" means a licensed qualified interpreter or a licensed provisional interpreter licensed by the Department of Health under § 20-14-801 et seq.; (6) "Oral deaf individual" means an individual whose sense of hearing is nonfunctional for the purpose of communication and whose primary communication is by speech reading and spoken English; and (7) "Oral interpreter" means a licensed qualified interpreter or a licensed provisional interpreter who interprets language through facial and lip movements only and who does not use manual communication. (b) (1) An interpreter shall not be appointed unless the appointing authority and the individual who is deaf, deafblind, hard of hearing, or oral deaf makes a preliminary determination that the interpreter is able to readily communicate with the individual who is deaf, deafblind, hard of hearing, or oral deaf and is able to accurately interpret the statements of the individual who is deaf, deafblind, hard of hearing, or oral deaf and interpret the proceedings in which an individual who is deaf, deafblind, hard of hearing, or oral deaf may be involved. (2) An individual who is deaf, deafblind, hard of hearing, or oral deaf entitled to an interpreter under § 25-15-101 is entitled to an interpreter as defined by this subsection. (c) (1) An oral interpreter shall be provided upon the request of an individual who is deaf, deafblind, hard of hearing, or oral deaf who does not communicate in sign language. (2) (A) The right of an individual who is oral deaf to an interpreter may not be waived except by an individual who is oral deaf who does not use sign language and who initiates the request for a waiver in writing. (B) The waiver is subject to approval of counsel to the individual who is oral deaf, if existent, and is subject to approval of the appointing authority. (d) A department, board, commission, agency, committee, or licensing authority of the state or of a political subdivision or municipality shall appoint an interpreter to interpret an administrative proceeding to an individual who is deaf, deafblind, hard of hearing, or oral deaf and to interpret the testimony or statements of the individual who is deaf, deafblind, hard of hearing, or oral deaf. (e) (1) An individual who is deaf, deafblind, hard of hearing, or oral deaf whose appearance before a proceeding entitles him or her to an interpreter shall notify the appointing authority of the need of the individual who is deaf, deafblind, hard of hearing, or oral deaf before an appearance and shall request at that time the services of an interpreter. (2) (A) If an individual who is deaf, deafblind, hard of hearing, or oral deaf reasonably expects the need for an interpreter to be for a period greater than a single day, the individual who is deaf, deafblind, hard of hearing, or oral deaf shall notify the appointing authority. (B) This notification shall be sufficient for the duration of the participation of the individual who is deaf, deafblind, hard of hearing, or oral deaf in the proceedings. (f) An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of the deafness of the individual who is deaf, deafblind, hard of hearing, or oral deaf when the appointing authority has reason to believe that the deaf person, deafblind person, hard of hearing person, or oral deaf person is not deaf, deafblind, hard of hearing, or oral deaf. (g) The appointing authority shall channel requests for qualified interpreters through the Department of Health. (h) Before an interpreter participates in any proceedings subsequent to an appointment under this section, the interpreter shall make an oath or affirmation that the interpreter will: (1) Make a true interpretation in an understandable manner to the individual who is deaf, deafblind, hard of hearing, or oral deaf for whom the interpreter is appointed; and (2) Interpret the statements of the individual who is deaf, deafblind, hard of hearing, or oral deaf desiring that statements be made in the language best suited to the needs of the individual who is deaf, deafblind, hard of hearing, or oral deaf. (i) The appointing authority shall provide recess periods as necessary for the interpreter when the interpreter requests a recess period. (j) Information that the interpreter gathers, learns from, or relays to the individual who is deaf, deafblind, hard of hearing, or oral deaf pertaining to an administrative, civil, or criminal proceeding shall at all times remain confidential and privileged, on an equal basis with the attorney-client privilege, unless the individual who is deaf, deafblind, hard of hearing, or oral deaf desires that the information be communicated to other persons. (k) (1) An interpreter appointed under this section is entitled to a reasonable fee for his or her services. (2) The fee shall be in accordance with standards established by the Department of Health and in addition to actual expenses for travel and transportation. (3) (A) If the interpreter is appointed by a court, the fee shall be paid out of general county funds. (B) If the interpreter is otherwise appointed, the fee shall be paid out of funds available to the appointing authority. Amended by Act 2013, No. 1314,§ 4, eff. 8/16/2013. Acts 1979, No. 664, §§ 1, 2; A.S.A. 1947, §§ 5-715.1, 5-715.2; Acts 1991, No. 469, § 3.

(a) For the purpose of appointing an interpreter between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf under § 25-15-101 : (1) "Administrative proceeding" means a proceeding of a department, board, commission, agency, committee, or licensing authority of the state or of a political subdivision or municipality; (2) "Deaf individual" means an individual who has a documented hearing loss so severe that the individual is unable to process speech and language through hearing, with or without amplification; (3) "Deafblind individual" means an individual who has a combined loss of vision and hearing that prevents the individual's vision or hearing from being used as a primary source for accessing information; (4) "Hard of hearing individual" means an individual who has a hearing loss, may primarily use visual communication, and may use assistive devices; (5) "Interpreter" means a licensed qualified interpreter or a licensed provisional interpreter licensed by the Department of Health under § 20-14-801 et seq.; (6) "Oral deaf individual" means an individual whose sense of hearing is nonfunctional for the purpose of communication and whose primary communication is by speech reading and spoken English; and (7) "Oral interpreter" means a licensed qualified interpreter or a licensed provisional interpreter who interprets language through facial and lip movements only and who does not use manual communication.

(1) "Administrative proceeding" means a proceeding of a department, board, commission, agency, committee, or licensing authority of the state or of a political subdivision or municipality;

(2) "Deaf individual" means an individual who has a documented hearing loss so severe that the individual is unable to process speech and language through hearing, with or without amplification;

(3) "Deafblind individual" means an individual who has a combined loss of vision and hearing that prevents the individual's vision or hearing from being used as a primary source for accessing information;

(4) "Hard of hearing individual" means an individual who has a hearing loss, may primarily use visual communication, and may use assistive devices;

(5) "Interpreter" means a licensed qualified interpreter or a licensed provisional interpreter licensed by the Department of Health under § 20-14-801 et seq.;

(6) "Oral deaf individual" means an individual whose sense of hearing is nonfunctional for the purpose of communication and whose primary communication is by speech reading and spoken English; and

(7) "Oral interpreter" means a licensed qualified interpreter or a licensed provisional interpreter who interprets language through facial and lip movements only and who does not use manual communication.

(b) (1) An interpreter shall not be appointed unless the appointing authority and the individual who is deaf, deafblind, hard of hearing, or oral deaf makes a preliminary determination that the interpreter is able to readily communicate with the individual who is deaf, deafblind, hard of hearing, or oral deaf and is able to accurately interpret the statements of the individual who is deaf, deafblind, hard of hearing, or oral deaf and interpret the proceedings in which an individual who is deaf, deafblind, hard of hearing, or oral deaf may be involved. (2) An individual who is deaf, deafblind, hard of hearing, or oral deaf entitled to an interpreter under § 25-15-101 is entitled to an interpreter as defined by this subsection.

(1) An interpreter shall not be appointed unless the appointing authority and the individual who is deaf, deafblind, hard of hearing, or oral deaf makes a preliminary determination that the interpreter is able to readily communicate with the individual who is deaf, deafblind, hard of hearing, or oral deaf and is able to accurately interpret the statements of the individual who is deaf, deafblind, hard of hearing, or oral deaf and interpret the proceedings in which an individual who is deaf, deafblind, hard of hearing, or oral deaf may be involved.

(2) An individual who is deaf, deafblind, hard of hearing, or oral deaf entitled to an interpreter under § 25-15-101 is entitled to an interpreter as defined by this subsection.

(c) (1) An oral interpreter shall be provided upon the request of an individual who is deaf, deafblind, hard of hearing, or oral deaf who does not communicate in sign language. (2) (A) The right of an individual who is oral deaf to an interpreter may not be waived except by an individual who is oral deaf who does not use sign language and who initiates the request for a waiver in writing. (B) The waiver is subject to approval of counsel to the individual who is oral deaf, if existent, and is subject to approval of the appointing authority.

(1) An oral interpreter shall be provided upon the request of an individual who is deaf, deafblind, hard of hearing, or oral deaf who does not communicate in sign language.

(2) (A) The right of an individual who is oral deaf to an interpreter may not be waived except by an individual who is oral deaf who does not use sign language and who initiates the request for a waiver in writing. (B) The waiver is subject to approval of counsel to the individual who is oral deaf, if existent, and is subject to approval of the appointing authority.

(A) The right of an individual who is oral deaf to an interpreter may not be waived except by an individual who is oral deaf who does not use sign language and who initiates the request for a waiver in writing.

(B) The waiver is subject to approval of counsel to the individual who is oral deaf, if existent, and is subject to approval of the appointing authority.

(d) A department, board, commission, agency, committee, or licensing authority of the state or of a political subdivision or municipality shall appoint an interpreter to interpret an administrative proceeding to an individual who is deaf, deafblind, hard of hearing, or oral deaf and to interpret the testimony or statements of the individual who is deaf, deafblind, hard of hearing, or oral deaf.

(e) (1) An individual who is deaf, deafblind, hard of hearing, or oral deaf whose appearance before a proceeding entitles him or her to an interpreter shall notify the appointing authority of the need of the individual who is deaf, deafblind, hard of hearing, or oral deaf before an appearance and shall request at that time the services of an interpreter. (2) (A) If an individual who is deaf, deafblind, hard of hearing, or oral deaf reasonably expects the need for an interpreter to be for a period greater than a single day, the individual who is deaf, deafblind, hard of hearing, or oral deaf shall notify the appointing authority. (B) This notification shall be sufficient for the duration of the participation of the individual who is deaf, deafblind, hard of hearing, or oral deaf in the proceedings.

(1) An individual who is deaf, deafblind, hard of hearing, or oral deaf whose appearance before a proceeding entitles him or her to an interpreter shall notify the appointing authority of the need of the individual who is deaf, deafblind, hard of hearing, or oral deaf before an appearance and shall request at that time the services of an interpreter.

(2) (A) If an individual who is deaf, deafblind, hard of hearing, or oral deaf reasonably expects the need for an interpreter to be for a period greater than a single day, the individual who is deaf, deafblind, hard of hearing, or oral deaf shall notify the appointing authority. (B) This notification shall be sufficient for the duration of the participation of the individual who is deaf, deafblind, hard of hearing, or oral deaf in the proceedings.

(A) If an individual who is deaf, deafblind, hard of hearing, or oral deaf reasonably expects the need for an interpreter to be for a period greater than a single day, the individual who is deaf, deafblind, hard of hearing, or oral deaf shall notify the appointing authority.

(B) This notification shall be sufficient for the duration of the participation of the individual who is deaf, deafblind, hard of hearing, or oral deaf in the proceedings.

(f) An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of the deafness of the individual who is deaf, deafblind, hard of hearing, or oral deaf when the appointing authority has reason to believe that the deaf person, deafblind person, hard of hearing person, or oral deaf person is not deaf, deafblind, hard of hearing, or oral deaf.

(g) The appointing authority shall channel requests for qualified interpreters through the Department of Health.

(h) Before an interpreter participates in any proceedings subsequent to an appointment under this section, the interpreter shall make an oath or affirmation that the interpreter will: (1) Make a true interpretation in an understandable manner to the individual who is deaf, deafblind, hard of hearing, or oral deaf for whom the interpreter is appointed; and (2) Interpret the statements of the individual who is deaf, deafblind, hard of hearing, or oral deaf desiring that statements be made in the language best suited to the needs of the individual who is deaf, deafblind, hard of hearing, or oral deaf.

(1) Make a true interpretation in an understandable manner to the individual who is deaf, deafblind, hard of hearing, or oral deaf for whom the interpreter is appointed; and

(2) Interpret the statements of the individual who is deaf, deafblind, hard of hearing, or oral deaf desiring that statements be made in the language best suited to the needs of the individual who is deaf, deafblind, hard of hearing, or oral deaf.

(i) The appointing authority shall provide recess periods as necessary for the interpreter when the interpreter requests a recess period.

(j) Information that the interpreter gathers, learns from, or relays to the individual who is deaf, deafblind, hard of hearing, or oral deaf pertaining to an administrative, civil, or criminal proceeding shall at all times remain confidential and privileged, on an equal basis with the attorney-client privilege, unless the individual who is deaf, deafblind, hard of hearing, or oral deaf desires that the information be communicated to other persons.

(k) (1) An interpreter appointed under this section is entitled to a reasonable fee for his or her services. (2) The fee shall be in accordance with standards established by the Department of Health and in addition to actual expenses for travel and transportation. (3) (A) If the interpreter is appointed by a court, the fee shall be paid out of general county funds. (B) If the interpreter is otherwise appointed, the fee shall be paid out of funds available to the appointing authority.

(1) An interpreter appointed under this section is entitled to a reasonable fee for his or her services.

(2) The fee shall be in accordance with standards established by the Department of Health and in addition to actual expenses for travel and transportation.

(3) (A) If the interpreter is appointed by a court, the fee shall be paid out of general county funds. (B) If the interpreter is otherwise appointed, the fee shall be paid out of funds available to the appointing authority.

(A) If the interpreter is appointed by a court, the fee shall be paid out of general county funds.

(B) If the interpreter is otherwise appointed, the fee shall be paid out of funds available to the appointing authority.

Amended by Act 2013, No. 1314,§ 4, eff. 8/16/2013.

Acts 1979, No. 664, §§ 1, 2; A.S.A. 1947, §§ 5-715.1, 5-715.2; Acts 1991, No. 469, § 3.
Ark. Code Ann. § 25-1-129 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-129
Purchase of small unmanned aircraft from covered foreign entity - Definitions
Status: in_force

(a) As used in this section: (1) "Covered foreign entity" means an individual, foreign government, or a party other than an individual or foreign government: (A) On the Consolidated Screening List or Entity List as designated by the United States Secretary of Commerce; (B) Domiciled in the People's Republic of China or the Russian Federation; (C) Under the influence of or control by the government of the People's Republic of China or the Russian Federation; or (D) That is a subsidiary or affiliate of an individual, government, or party referred to in subdivisions (a)(1)(A)-(C) of this section; (2) "Public entity" means the State of Arkansas, or a political subdivision of the state, including all boards, authorities, commissions, agencies, committees, councils, university departments, or other state entities created by the Arkansas Constitution or law; and (3) "Small unmanned aircraft system" means an unmanned, powered aircraft: (A) That: (i) Is operated without the possibility of direct human intervention from within or on the aircraft; (ii) Can be expendable or recoverable; and (iii) Weighs less than fifty-five pounds (55 lbs.) including the weight of anything attached to or carried by the aircraft; and (B) Including the associated elements that are required for the operator to operate the aircraft safely and efficiently in the National Airspace System, including without limitation any communication links and the components that control the aircraft. (b) (1) A public entity shall not purchase a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity. (2) Unless waived under subsection (d) of this section, state funds shall not be used to purchase a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity, including without limitation state funds: (A) Awarded through a contract, grant, or cooperative agreement; or (B) Otherwise made available. (c) (1) On or after May 1, 2027, a public entity shall not operate a small unmanned aircraft system manufactured or assembled by a covered foreign entity. (2) Except as provided under subsection (d) of this section, state funds shall not be used in connection with the operation of a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity, including without limitation state funds: (A) Awarded through a contract, grant, or cooperative agreement; or (B) Otherwise made available. (d) The Secretary of the Department of Transformation and Shared Services may waive the restriction under subdivision (b)(2) or subdivision (c)(2) of this section upon: (1) His or her review of the necessity to purchase a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity due to exigent circumstances, Counter Unmanned Aircraft Systems, or criminal investigative purposes; and (2) Notification to the General Assembly. Added by Act 2023, No. 525,§ 1, eff. 8/1/2023.

(a) As used in this section: (1) "Covered foreign entity" means an individual, foreign government, or a party other than an individual or foreign government: (A) On the Consolidated Screening List or Entity List as designated by the United States Secretary of Commerce; (B) Domiciled in the People's Republic of China or the Russian Federation; (C) Under the influence of or control by the government of the People's Republic of China or the Russian Federation; or (D) That is a subsidiary or affiliate of an individual, government, or party referred to in subdivisions (a)(1)(A)-(C) of this section; (2) "Public entity" means the State of Arkansas, or a political subdivision of the state, including all boards, authorities, commissions, agencies, committees, councils, university departments, or other state entities created by the Arkansas Constitution or law; and (3) "Small unmanned aircraft system" means an unmanned, powered aircraft: (A) That: (i) Is operated without the possibility of direct human intervention from within or on the aircraft; (ii) Can be expendable or recoverable; and (iii) Weighs less than fifty-five pounds (55 lbs.) including the weight of anything attached to or carried by the aircraft; and (B) Including the associated elements that are required for the operator to operate the aircraft safely and efficiently in the National Airspace System, including without limitation any communication links and the components that control the aircraft.

(1) "Covered foreign entity" means an individual, foreign government, or a party other than an individual or foreign government: (A) On the Consolidated Screening List or Entity List as designated by the United States Secretary of Commerce; (B) Domiciled in the People's Republic of China or the Russian Federation; (C) Under the influence of or control by the government of the People's Republic of China or the Russian Federation; or (D) That is a subsidiary or affiliate of an individual, government, or party referred to in subdivisions (a)(1)(A)-(C) of this section;

(A) On the Consolidated Screening List or Entity List as designated by the United States Secretary of Commerce;

(B) Domiciled in the People's Republic of China or the Russian Federation;

(C) Under the influence of or control by the government of the People's Republic of China or the Russian Federation; or

(D) That is a subsidiary or affiliate of an individual, government, or party referred to in subdivisions (a)(1)(A)-(C) of this section;

(2) "Public entity" means the State of Arkansas, or a political subdivision of the state, including all boards, authorities, commissions, agencies, committees, councils, university departments, or other state entities created by the Arkansas Constitution or law; and

(3) "Small unmanned aircraft system" means an unmanned, powered aircraft: (A) That: (i) Is operated without the possibility of direct human intervention from within or on the aircraft; (ii) Can be expendable or recoverable; and (iii) Weighs less than fifty-five pounds (55 lbs.) including the weight of anything attached to or carried by the aircraft; and (B) Including the associated elements that are required for the operator to operate the aircraft safely and efficiently in the National Airspace System, including without limitation any communication links and the components that control the aircraft.

(A) That: (i) Is operated without the possibility of direct human intervention from within or on the aircraft; (ii) Can be expendable or recoverable; and (iii) Weighs less than fifty-five pounds (55 lbs.) including the weight of anything attached to or carried by the aircraft; and

(i) Is operated without the possibility of direct human intervention from within or on the aircraft;

(ii) Can be expendable or recoverable; and

(iii) Weighs less than fifty-five pounds (55 lbs.) including the weight of anything attached to or carried by the aircraft; and

(B) Including the associated elements that are required for the operator to operate the aircraft safely and efficiently in the National Airspace System, including without limitation any communication links and the components that control the aircraft.

(b) (1) A public entity shall not purchase a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity. (2) Unless waived under subsection (d) of this section, state funds shall not be used to purchase a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity, including without limitation state funds: (A) Awarded through a contract, grant, or cooperative agreement; or (B) Otherwise made available.

(1) A public entity shall not purchase a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity.

(2) Unless waived under subsection (d) of this section, state funds shall not be used to purchase a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity, including without limitation state funds: (A) Awarded through a contract, grant, or cooperative agreement; or (B) Otherwise made available.

(A) Awarded through a contract, grant, or cooperative agreement; or

(B) Otherwise made available.

(c) (1) On or after May 1, 2027, a public entity shall not operate a small unmanned aircraft system manufactured or assembled by a covered foreign entity. (2) Except as provided under subsection (d) of this section, state funds shall not be used in connection with the operation of a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity, including without limitation state funds: (A) Awarded through a contract, grant, or cooperative agreement; or (B) Otherwise made available.

(1) On or after May 1, 2027, a public entity shall not operate a small unmanned aircraft system manufactured or assembled by a covered foreign entity.

(2) Except as provided under subsection (d) of this section, state funds shall not be used in connection with the operation of a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity, including without limitation state funds: (A) Awarded through a contract, grant, or cooperative agreement; or (B) Otherwise made available.

(A) Awarded through a contract, grant, or cooperative agreement; or

(B) Otherwise made available.

(d) The Secretary of the Department of Transformation and Shared Services may waive the restriction under subdivision (b)(2) or subdivision (c)(2) of this section upon: (1) His or her review of the necessity to purchase a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity due to exigent circumstances, Counter Unmanned Aircraft Systems, or criminal investigative purposes; and (2) Notification to the General Assembly.

(1) His or her review of the necessity to purchase a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity due to exigent circumstances, Counter Unmanned Aircraft Systems, or criminal investigative purposes; and

(2) Notification to the General Assembly.

Added by Act 2023, No. 525,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 25-15-216 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-216
Review of agency rules
Status: in_force

(a) (1) As soon as is practicable after each regular session and fiscal session of the General Assembly, each agency shall review any newly enacted laws to determine whether: (A) Any existing rule should be repealed or amended; or (B) Any new rule should be adopted. (2) At the conclusion of each review, the agency shall adopt a written report of the result of the review. (3) A copy of each report shall be maintained as a public record by the agency. (b) (1) If an agency determines that a newly enacted law requires the repeal or amendment of an existing rule or the adoption of a new rule and the newly enacted law does not provide a specific date for the repeal, amendment, or adoption of the rule, the final version of the new, amended, or repealed rule shall be filed for adoption with the Secretary of State: (A) On or before June 1 of the following year, if the newly enacted law results from a regular or fiscal session of the General Assembly; (B) On or before the one hundred eightieth day following sine die adjournment, if the newly enacted law results from a special session of the General Assembly; or (C) If approval of a rule under § 10-3-309 has not occurred by the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section, as soon as practicable after approval under § 10-3-309 . (2) An agency shall file the proposed rule with the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, under § 10-3-309 sufficiently in advance of the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section so that the Legislative Council or Joint Budget Committee may consider the rule for approval before the appropriate date. (3) (A) No later than sixty (60) days following the sine die adjournment of a regular session of the General Assembly, the Bureau of Legislative Research shall file with the Legislative Council a report identifying the rules required by newly enacted laws that it has determined shall be filed for adoption on or before June 1 of the year following a regular session of the General Assembly. (B) The report under subdivision (b)(3)(A) of this section shall only include rules specifically required by a newly enacted law. (C) An agency shall promulgate a rule it determines is required under subdivision (a)(1) of this section regardless of whether the rule appears on the report under subdivision (b)(3)(A) of this section. (4) The executive head of an agency or his or her designee shall provide monthly written updates on the agency's progress in promulgating a rule it determines is required under subdivision (a)(1) of this section, including without limitation a rule identified in the report under subdivision (b)(3)(A) of this section, to the Legislative Council or its appropriate subcommittee until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State on or before the required date under subdivision (b)(1) of this section. (5) (A) (i) If an agency fails to file the final version of the new, amended, or repealed rule for adoption as required by subdivision (b)(1) of this section, the executive head of the agency at issue or his or her designee shall appear before the Legislative Council or its appropriate subcommittee on a monthly basis until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State. (ii) If the rule the agency failed to file under subdivision (b)(5)(A)(i) of this section resulted from a newly enacted law at a regular session of the General Assembly, the executive head of the agency at issue or his or her designee shall appear before the Legislative Council or its appropriate subcommittee on a monthly basis until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State if the final version of the new, amended, or repealed rule has not been filed for adoption by June 1 of the year following the regular session of the General Assembly. An appearance under this subdivision (b)(5)(A)(ii) shall be in lieu of a monthly written update under subdivision (b)(4) of this section. (B) When appearing before the Legislative Council or its appropriate subcommittee, the executive head of the agency at issue or his or her designee shall: (i) Describe why the agency has been unable to comply with subdivision (b)(1) of this section; (ii) Provide an update on the current status of the necessary rule changes; (iii) Describe the steps the agency is taking to address the failure to comply with subdivision (b)(1) of this section; and (iv) Provide an anticipated date for when the final version of the new, amended, or repealed rule will be filed for adoption with the Secretary of State. (C) (i) An agency shall not be required to appear before the Legislative Council or its appropriate subcommittee under this subdivision (b)(5) if the newly enacted law requiring the new, amended, or repealed rule is the subject of litigation. (ii) The agency shall provide written notification to the Legislative Council or its appropriate subcommittee of the litigation involving the newly enacted law and update the written notification when the litigation is resolved. (c) (1) If a newly enacted law specifically requires the adoption of a rule by an agency and the agency believes that a rule is not necessary for the operation of the newly enacted law, it may submit a written request to the Legislative Council or its appropriate subcommittee: (A) Notifying the Legislative Council or its appropriate subcommittee of the agency's intent to not adopt the required rule; and (B) Requesting that the rule it believes is not necessary be excluded from the requirements of subdivisions (b)(3)-(5) of this section. (2) The Legislative Council or its appropriate subcommittee may exclude an agency from the requirements of subdivisions (b)(3)-(5) of this section if it determines that the required rule is not necessary, including without limitation determining that the required rule would merely restate the newly enacted law. Amended by Act 2021, No. 595,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 517,§ 2, eff. 7/24/2019. Acts 2001, No. 1648, § 8; 2009, No. 962, § 44.

(a) (1) As soon as is practicable after each regular session and fiscal session of the General Assembly, each agency shall review any newly enacted laws to determine whether: (A) Any existing rule should be repealed or amended; or (B) Any new rule should be adopted. (2) At the conclusion of each review, the agency shall adopt a written report of the result of the review. (3) A copy of each report shall be maintained as a public record by the agency.

(1) As soon as is practicable after each regular session and fiscal session of the General Assembly, each agency shall review any newly enacted laws to determine whether: (A) Any existing rule should be repealed or amended; or (B) Any new rule should be adopted.

(A) Any existing rule should be repealed or amended; or

(B) Any new rule should be adopted.

(2) At the conclusion of each review, the agency shall adopt a written report of the result of the review.

(3) A copy of each report shall be maintained as a public record by the agency.

(b) (1) If an agency determines that a newly enacted law requires the repeal or amendment of an existing rule or the adoption of a new rule and the newly enacted law does not provide a specific date for the repeal, amendment, or adoption of the rule, the final version of the new, amended, or repealed rule shall be filed for adoption with the Secretary of State: (A) On or before June 1 of the following year, if the newly enacted law results from a regular or fiscal session of the General Assembly; (B) On or before the one hundred eightieth day following sine die adjournment, if the newly enacted law results from a special session of the General Assembly; or (C) If approval of a rule under § 10-3-309 has not occurred by the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section, as soon as practicable after approval under § 10-3-309 . (2) An agency shall file the proposed rule with the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, under § 10-3-309 sufficiently in advance of the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section so that the Legislative Council or Joint Budget Committee may consider the rule for approval before the appropriate date. (3) (A) No later than sixty (60) days following the sine die adjournment of a regular session of the General Assembly, the Bureau of Legislative Research shall file with the Legislative Council a report identifying the rules required by newly enacted laws that it has determined shall be filed for adoption on or before June 1 of the year following a regular session of the General Assembly. (B) The report under subdivision (b)(3)(A) of this section shall only include rules specifically required by a newly enacted law. (C) An agency shall promulgate a rule it determines is required under subdivision (a)(1) of this section regardless of whether the rule appears on the report under subdivision (b)(3)(A) of this section. (4) The executive head of an agency or his or her designee shall provide monthly written updates on the agency's progress in promulgating a rule it determines is required under subdivision (a)(1) of this section, including without limitation a rule identified in the report under subdivision (b)(3)(A) of this section, to the Legislative Council or its appropriate subcommittee until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State on or before the required date under subdivision (b)(1) of this section. (5) (A) (i) If an agency fails to file the final version of the new, amended, or repealed rule for adoption as required by subdivision (b)(1) of this section, the executive head of the agency at issue or his or her designee shall appear before the Legislative Council or its appropriate subcommittee on a monthly basis until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State. (ii) If the rule the agency failed to file under subdivision (b)(5)(A)(i) of this section resulted from a newly enacted law at a regular session of the General Assembly, the executive head of the agency at issue or his or her designee shall appear before the Legislative Council or its appropriate subcommittee on a monthly basis until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State if the final version of the new, amended, or repealed rule has not been filed for adoption by June 1 of the year following the regular session of the General Assembly. An appearance under this subdivision (b)(5)(A)(ii) shall be in lieu of a monthly written update under subdivision (b)(4) of this section. (B) When appearing before the Legislative Council or its appropriate subcommittee, the executive head of the agency at issue or his or her designee shall: (i) Describe why the agency has been unable to comply with subdivision (b)(1) of this section; (ii) Provide an update on the current status of the necessary rule changes; (iii) Describe the steps the agency is taking to address the failure to comply with subdivision (b)(1) of this section; and (iv) Provide an anticipated date for when the final version of the new, amended, or repealed rule will be filed for adoption with the Secretary of State. (C) (i) An agency shall not be required to appear before the Legislative Council or its appropriate subcommittee under this subdivision (b)(5) if the newly enacted law requiring the new, amended, or repealed rule is the subject of litigation. (ii) The agency shall provide written notification to the Legislative Council or its appropriate subcommittee of the litigation involving the newly enacted law and update the written notification when the litigation is resolved.

(1) If an agency determines that a newly enacted law requires the repeal or amendment of an existing rule or the adoption of a new rule and the newly enacted law does not provide a specific date for the repeal, amendment, or adoption of the rule, the final version of the new, amended, or repealed rule shall be filed for adoption with the Secretary of State: (A) On or before June 1 of the following year, if the newly enacted law results from a regular or fiscal session of the General Assembly; (B) On or before the one hundred eightieth day following sine die adjournment, if the newly enacted law results from a special session of the General Assembly; or (C) If approval of a rule under § 10-3-309 has not occurred by the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section, as soon as practicable after approval under § 10-3-309 .

(A) On or before June 1 of the following year, if the newly enacted law results from a regular or fiscal session of the General Assembly;

(B) On or before the one hundred eightieth day following sine die adjournment, if the newly enacted law results from a special session of the General Assembly; or

(C) If approval of a rule under § 10-3-309 has not occurred by the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section, as soon as practicable after approval under § 10-3-309 .

(2) An agency shall file the proposed rule with the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, under § 10-3-309 sufficiently in advance of the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section so that the Legislative Council or Joint Budget Committee may consider the rule for approval before the appropriate date.

(3) (A) No later than sixty (60) days following the sine die adjournment of a regular session of the General Assembly, the Bureau of Legislative Research shall file with the Legislative Council a report identifying the rules required by newly enacted laws that it has determined shall be filed for adoption on or before June 1 of the year following a regular session of the General Assembly. (B) The report under subdivision (b)(3)(A) of this section shall only include rules specifically required by a newly enacted law. (C) An agency shall promulgate a rule it determines is required under subdivision (a)(1) of this section regardless of whether the rule appears on the report under subdivision (b)(3)(A) of this section.

(A) No later than sixty (60) days following the sine die adjournment of a regular session of the General Assembly, the Bureau of Legislative Research shall file with the Legislative Council a report identifying the rules required by newly enacted laws that it has determined shall be filed for adoption on or before June 1 of the year following a regular session of the General Assembly.

(B) The report under subdivision (b)(3)(A) of this section shall only include rules specifically required by a newly enacted law.

(C) An agency shall promulgate a rule it determines is required under subdivision (a)(1) of this section regardless of whether the rule appears on the report under subdivision (b)(3)(A) of this section.

(4) The executive head of an agency or his or her designee shall provide monthly written updates on the agency's progress in promulgating a rule it determines is required under subdivision (a)(1) of this section, including without limitation a rule identified in the report under subdivision (b)(3)(A) of this section, to the Legislative Council or its appropriate subcommittee until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State on or before the required date under subdivision (b)(1) of this section.

(5) (A) (i) If an agency fails to file the final version of the new, amended, or repealed rule for adoption as required by subdivision (b)(1) of this section, the executive head of the agency at issue or his or her designee shall appear before the Legislative Council or its appropriate subcommittee on a monthly basis until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State. (ii) If the rule the agency failed to file under subdivision (b)(5)(A)(i) of this section resulted from a newly enacted law at a regular session of the General Assembly, the executive head of the agency at issue or his or her designee shall appear before the Legislative Council or its appropriate subcommittee on a monthly basis until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State if the final version of the new, amended, or repealed rule has not been filed for adoption by June 1 of the year following the regular session of the General Assembly. An appearance under this subdivision (b)(5)(A)(ii) shall be in lieu of a monthly written update under subdivision (b)(4) of this section. (B) When appearing before the Legislative Council or its appropriate subcommittee, the executive head of the agency at issue or his or her designee shall: (i) Describe why the agency has been unable to comply with subdivision (b)(1) of this section; (ii) Provide an update on the current status of the necessary rule changes; (iii) Describe the steps the agency is taking to address the failure to comply with subdivision (b)(1) of this section; and (iv) Provide an anticipated date for when the final version of the new, amended, or repealed rule will be filed for adoption with the Secretary of State. (C) (i) An agency shall not be required to appear before the Legislative Council or its appropriate subcommittee under this subdivision (b)(5) if the newly enacted law requiring the new, amended, or repealed rule is the subject of litigation. (ii) The agency shall provide written notification to the Legislative Council or its appropriate subcommittee of the litigation involving the newly enacted law and update the written notification when the litigation is resolved.

(A) (i) If an agency fails to file the final version of the new, amended, or repealed rule for adoption as required by subdivision (b)(1) of this section, the executive head of the agency at issue or his or her designee shall appear before the Legislative Council or its appropriate subcommittee on a monthly basis until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State. (ii) If the rule the agency failed to file under subdivision (b)(5)(A)(i) of this section resulted from a newly enacted law at a regular session of the General Assembly, the executive head of the agency at issue or his or her designee shall appear before the Legislative Council or its appropriate subcommittee on a monthly basis until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State if the final version of the new, amended, or repealed rule has not been filed for adoption by June 1 of the year following the regular session of the General Assembly. An appearance under this subdivision (b)(5)(A)(ii) shall be in lieu of a monthly written update under subdivision (b)(4) of this section.

(i) If an agency fails to file the final version of the new, amended, or repealed rule for adoption as required by subdivision (b)(1) of this section, the executive head of the agency at issue or his or her designee shall appear before the Legislative Council or its appropriate subcommittee on a monthly basis until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State.

(ii) If the rule the agency failed to file under subdivision (b)(5)(A)(i) of this section resulted from a newly enacted law at a regular session of the General Assembly, the executive head of the agency at issue or his or her designee shall appear before the Legislative Council or its appropriate subcommittee on a monthly basis until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State if the final version of the new, amended, or repealed rule has not been filed for adoption by June 1 of the year following the regular session of the General Assembly. An appearance under this subdivision (b)(5)(A)(ii) shall be in lieu of a monthly written update under subdivision (b)(4) of this section.

(B) When appearing before the Legislative Council or its appropriate subcommittee, the executive head of the agency at issue or his or her designee shall: (i) Describe why the agency has been unable to comply with subdivision (b)(1) of this section; (ii) Provide an update on the current status of the necessary rule changes; (iii) Describe the steps the agency is taking to address the failure to comply with subdivision (b)(1) of this section; and (iv) Provide an anticipated date for when the final version of the new, amended, or repealed rule will be filed for adoption with the Secretary of State.

(i) Describe why the agency has been unable to comply with subdivision (b)(1) of this section;

(ii) Provide an update on the current status of the necessary rule changes;

(iii) Describe the steps the agency is taking to address the failure to comply with subdivision (b)(1) of this section; and

(iv) Provide an anticipated date for when the final version of the new, amended, or repealed rule will be filed for adoption with the Secretary of State.

(C) (i) An agency shall not be required to appear before the Legislative Council or its appropriate subcommittee under this subdivision (b)(5) if the newly enacted law requiring the new, amended, or repealed rule is the subject of litigation. (ii) The agency shall provide written notification to the Legislative Council or its appropriate subcommittee of the litigation involving the newly enacted law and update the written notification when the litigation is resolved.

(i) An agency shall not be required to appear before the Legislative Council or its appropriate subcommittee under this subdivision (b)(5) if the newly enacted law requiring the new, amended, or repealed rule is the subject of litigation.

(ii) The agency shall provide written notification to the Legislative Council or its appropriate subcommittee of the litigation involving the newly enacted law and update the written notification when the litigation is resolved.

(c) (1) If a newly enacted law specifically requires the adoption of a rule by an agency and the agency believes that a rule is not necessary for the operation of the newly enacted law, it may submit a written request to the Legislative Council or its appropriate subcommittee: (A) Notifying the Legislative Council or its appropriate subcommittee of the agency's intent to not adopt the required rule; and (B) Requesting that the rule it believes is not necessary be excluded from the requirements of subdivisions (b)(3)-(5) of this section. (2) The Legislative Council or its appropriate subcommittee may exclude an agency from the requirements of subdivisions (b)(3)-(5) of this section if it determines that the required rule is not necessary, including without limitation determining that the required rule would merely restate the newly enacted law.

(1) If a newly enacted law specifically requires the adoption of a rule by an agency and the agency believes that a rule is not necessary for the operation of the newly enacted law, it may submit a written request to the Legislative Council or its appropriate subcommittee: (A) Notifying the Legislative Council or its appropriate subcommittee of the agency's intent to not adopt the required rule; and (B) Requesting that the rule it believes is not necessary be excluded from the requirements of subdivisions (b)(3)-(5) of this section.

(A) Notifying the Legislative Council or its appropriate subcommittee of the agency's intent to not adopt the required rule; and

(B) Requesting that the rule it believes is not necessary be excluded from the requirements of subdivisions (b)(3)-(5) of this section.

(2) The Legislative Council or its appropriate subcommittee may exclude an agency from the requirements of subdivisions (b)(3)-(5) of this section if it determines that the required rule is not necessary, including without limitation determining that the required rule would merely restate the newly enacted law.

Amended by Act 2021, No. 595,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 517,§ 2, eff. 7/24/2019.

Acts 2001, No. 1648, § 8; 2009, No. 962, § 44.
Ark. Code Ann. § 25-29-112 — AR Code / Title 25 / Chapter 29 / Section 25-29-112
Effect of chapter on Acts 1995, No. 501
Status: in_force

All laws and parts of laws in conflict with this chapter are hereby repealed. However, to the extent any provisions of this chapter conflict with any provisions of Acts 1995, No. 501, the provisions of Acts 1995, No. 501, shall prevail. Acts 1997, No. 1080, § 14.

All laws and parts of laws in conflict with this chapter are hereby repealed. However, to the extent any provisions of this chapter conflict with any provisions of Acts 1995, No. 501, the provisions of Acts 1995, No. 501, shall prevail.

Acts 1997, No. 1080, § 14.
Ark. Code Ann. § 25-20-410 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-410
Refunding bonds
Status: in_force

(a) (1) Bonds may be issued for the purpose of refunding any obligations issued under this subchapter. (2) The refunding bonds may be combined with bonds issued under § 25-20-408 into a single issue. (b) (1) When bonds are issued under this section for refunding purposes, the bonds may be either sold or delivered in exchange for the outstanding obligations. (2) If sold, the proceeds may be either: (A) Applied to the payment of the obligations refunded; or (B) Deposited in escrow for the retirement thereof either at maturity or upon any authorized redemption date. (c) (1) All bonds issued under this section in all respects shall be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of those bonds. (2) The resolution or indenture under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby. Acts 2003, No. 366, § 1.

(a) (1) Bonds may be issued for the purpose of refunding any obligations issued under this subchapter. (2) The refunding bonds may be combined with bonds issued under § 25-20-408 into a single issue.

(1) Bonds may be issued for the purpose of refunding any obligations issued under this subchapter.

(2) The refunding bonds may be combined with bonds issued under § 25-20-408 into a single issue.

(b) (1) When bonds are issued under this section for refunding purposes, the bonds may be either sold or delivered in exchange for the outstanding obligations. (2) If sold, the proceeds may be either: (A) Applied to the payment of the obligations refunded; or (B) Deposited in escrow for the retirement thereof either at maturity or upon any authorized redemption date.

(1) When bonds are issued under this section for refunding purposes, the bonds may be either sold or delivered in exchange for the outstanding obligations.

(2) If sold, the proceeds may be either: (A) Applied to the payment of the obligations refunded; or (B) Deposited in escrow for the retirement thereof either at maturity or upon any authorized redemption date.

(A) Applied to the payment of the obligations refunded; or

(B) Deposited in escrow for the retirement thereof either at maturity or upon any authorized redemption date.

(c) (1) All bonds issued under this section in all respects shall be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of those bonds. (2) The resolution or indenture under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.

(1) All bonds issued under this section in all respects shall be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of those bonds.

(2) The resolution or indenture under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-43-110 — AR Code / Title 25 / Chapter 43 / Subchapter 1 / Section 25-43-110
Funds and personnel transferred
Status: repealed

(a) A fund or fund account name that due to the implementation of the Transformation and Efficiencies Act of 2019 has not been revised in an appropriation or in the Arkansas Code to the same fund or fund account name enacted by the Ninety-Second General Assembly, shall be payable from the appropriation enacted with the fund or fund account name as originally enacted by the Ninety-Second General Assembly. (b) Unless otherwise provided by law, when all or part of a state entity is subject to a cabinet-level department transfer, the state entity's authorized classifications, employees, property, unexpended balances of appropriations, allocations, and funds are transferred to the cabinet-level department as authorized under this chapter. (c) (1) A state entity appropriation transferred from a paying account or fund not established in a cabinet-level department, due to the implementation of the Transformation and Efficiencies Act of 2019, is payable and appropriated from a cash fund established in the State Treasury in the same amount and for the same purpose as that transferred state entity. (2) At no time may funding or cash fund appropriation be established under subdivision (c)(1) of this section that is not authorized to be transferred or in a greater amount than is transferred. (d) (1) Any classification title for a state entity that is subject to a cabinet-level department transfer under this chapter may be revised as determined appropriate by the Office of Personnel Management to reference the appropriate state entity. (2) The authority under subdivision (d)(1) of this section does not allow for revisions to: (A) A pay grade; (B) A line item; (C) The number of authorized classifications; or (D) A job duty. Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.

(a) A fund or fund account name that due to the implementation of the Transformation and Efficiencies Act of 2019 has not been revised in an appropriation or in the Arkansas Code to the same fund or fund account name enacted by the Ninety-Second General Assembly, shall be payable from the appropriation enacted with the fund or fund account name as originally enacted by the Ninety-Second General Assembly.

(b) Unless otherwise provided by law, when all or part of a state entity is subject to a cabinet-level department transfer, the state entity's authorized classifications, employees, property, unexpended balances of appropriations, allocations, and funds are transferred to the cabinet-level department as authorized under this chapter.

(c) (1) A state entity appropriation transferred from a paying account or fund not established in a cabinet-level department, due to the implementation of the Transformation and Efficiencies Act of 2019, is payable and appropriated from a cash fund established in the State Treasury in the same amount and for the same purpose as that transferred state entity. (2) At no time may funding or cash fund appropriation be established under subdivision (c)(1) of this section that is not authorized to be transferred or in a greater amount than is transferred.

(1) A state entity appropriation transferred from a paying account or fund not established in a cabinet-level department, due to the implementation of the Transformation and Efficiencies Act of 2019, is payable and appropriated from a cash fund established in the State Treasury in the same amount and for the same purpose as that transferred state entity.

(2) At no time may funding or cash fund appropriation be established under subdivision (c)(1) of this section that is not authorized to be transferred or in a greater amount than is transferred.

(d) (1) Any classification title for a state entity that is subject to a cabinet-level department transfer under this chapter may be revised as determined appropriate by the Office of Personnel Management to reference the appropriate state entity. (2) The authority under subdivision (d)(1) of this section does not allow for revisions to: (A) A pay grade; (B) A line item; (C) The number of authorized classifications; or (D) A job duty.

(1) Any classification title for a state entity that is subject to a cabinet-level department transfer under this chapter may be revised as determined appropriate by the Office of Personnel Management to reference the appropriate state entity.

(2) The authority under subdivision (d)(1) of this section does not allow for revisions to: (A) A pay grade; (B) A line item; (C) The number of authorized classifications; or (D) A job duty.

(A) A pay grade;

(B) A line item;

(C) The number of authorized classifications; or

(D) A job duty.

Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.