Ark. Code Ann. § 25-18-209 — AR Code / Title 25 / Chapter 18 / Subchapter 2 / Section 25-18-209
Sale of digests and acts - Price
Status: in_force

(a) (1) The Secretary of State shall have the authority and power and is required to sell Crawford and Moses' Digest of the Statutes of Arkansas at five dollars ($5.00) per copy and to sell the acts of the General Assembly at the actual pro rata cost to the state for publishing them in order to recover the per volume cost to the state. (2) This section shall not apply to acts of the General Assembly prior to 1917, which acts shall be sold at one dollar and fifty cents ($1.50) per set, except those acts which are bound in paper, which shall sell at one dollar ($1.00) per set. (b) The Secretary of State shall have the authority to make reduction in price of the books when they become damaged, the reduction per set not to be less than one-half (½) the original selling price. (c) (1) The price of Mansfield's Digest is fixed at one dollar and fifty cents ($1.50) per copy. (2) The Secretary of State shall retain five hundred (500) copies for use of the state. Acts 1891, No. 124, § 1, p. 212; 1921, No. 207, § 1; C. & M. Dig., § 4418; Pope's Dig., §§ 5433, 5449; Acts 1973, No. 835, § 3; A.S.A. 1947, §§ 14-412, 14-414.

(a) (1) The Secretary of State shall have the authority and power and is required to sell Crawford and Moses' Digest of the Statutes of Arkansas at five dollars ($5.00) per copy and to sell the acts of the General Assembly at the actual pro rata cost to the state for publishing them in order to recover the per volume cost to the state. (2) This section shall not apply to acts of the General Assembly prior to 1917, which acts shall be sold at one dollar and fifty cents ($1.50) per set, except those acts which are bound in paper, which shall sell at one dollar ($1.00) per set.

(1) The Secretary of State shall have the authority and power and is required to sell Crawford and Moses' Digest of the Statutes of Arkansas at five dollars ($5.00) per copy and to sell the acts of the General Assembly at the actual pro rata cost to the state for publishing them in order to recover the per volume cost to the state.

(2) This section shall not apply to acts of the General Assembly prior to 1917, which acts shall be sold at one dollar and fifty cents ($1.50) per set, except those acts which are bound in paper, which shall sell at one dollar ($1.00) per set.

(b) The Secretary of State shall have the authority to make reduction in price of the books when they become damaged, the reduction per set not to be less than one-half (½) the original selling price.

(c) (1) The price of Mansfield's Digest is fixed at one dollar and fifty cents ($1.50) per copy. (2) The Secretary of State shall retain five hundred (500) copies for use of the state.

(1) The price of Mansfield's Digest is fixed at one dollar and fifty cents ($1.50) per copy.

(2) The Secretary of State shall retain five hundred (500) copies for use of the state.

Acts 1891, No. 124, § 1, p. 212; 1921, No. 207, § 1; C. & M. Dig., § 4418; Pope's Dig., §§ 5433, 5449; Acts 1973, No. 835, § 3; A.S.A. 1947, §§ 14-412, 14-414.
Ark. Code Ann. § 25-1-803 — AR Code / Title 25 / Chapter 1 / Subchapter 8 / Section 25-1-803
Definitions
Status: in_force

As used in this subchapter: (1) "Person" means an individual, proprietorship, firm, partnership, joint venture, syndicate, labor union, business trust, company, corporation, association, committee, or any other organization or group of persons acting in concert; (2) "Personal information" means a list, record, register, registry, roll, roster, or other compilation of data that identifies a person as a member, supporter, volunteer of, or donor of financial or nonfinancial support to an entity exempt from federal income tax under Section 501(c) of the Internal Revenue Code; and (3) "Public agency" means a state or local government entity, including a: (A) Department, division, agency, office, commission, board, or other government organization; (B) Political subdivision, including a county, city, town, municipality, or conservation district; (C) Public school, school district, charter school, or public institution of higher education; or (D) Judicial or quasi-judicial body. Added by Act 2021, No. 1021,§ 2, eff. 7/28/2021.

As used in this subchapter:

(1) "Person" means an individual, proprietorship, firm, partnership, joint venture, syndicate, labor union, business trust, company, corporation, association, committee, or any other organization or group of persons acting in concert;

(2) "Personal information" means a list, record, register, registry, roll, roster, or other compilation of data that identifies a person as a member, supporter, volunteer of, or donor of financial or nonfinancial support to an entity exempt from federal income tax under Section 501(c) of the Internal Revenue Code; and

(3) "Public agency" means a state or local government entity, including a: (A) Department, division, agency, office, commission, board, or other government organization; (B) Political subdivision, including a county, city, town, municipality, or conservation district; (C) Public school, school district, charter school, or public institution of higher education; or (D) Judicial or quasi-judicial body.

(A) Department, division, agency, office, commission, board, or other government organization;

(B) Political subdivision, including a county, city, town, municipality, or conservation district;

(C) Public school, school district, charter school, or public institution of higher education; or

(D) Judicial or quasi-judicial body.

Added by Act 2021, No. 1021,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 25-30-203 — AR Code / Title 25 / Chapter 30 / Subchapter 2 / Section 25-30-203
Powers and duties
Status: in_force

(a) The Division of Workforce Services, through Arkansas Rehabilitation Services, shall provide the rehabilitation services authorized by this subchapter to eligible individuals with a physical or intellectual disability and those who can benefit from vocational rehabilitation and independent living services, as determined by the agency to be eligible therefor. (b) In carrying out the purposes of this subchapter, Arkansas Rehabilitation Services is authorized, among other things: (1) To be the sole state agency to supervise and administer the rehabilitation services authorized by this subchapter except such part or parts as may be administered by a local agency in a political subdivision of the state, in which case Arkansas Rehabilitation Services shall be the sole agency to supervise such a local agency in the administration of such part or parts; (2) To conduct research and compile statistics relative to the provision of services or the need of services of individuals with a disability; and (3) To administer the Arkansas Rehabilitation Services Forgiveness of Student Loan Program. Amended by Act 2019, No. 910,§ 628, eff. 7/1/2019. Acts 1999, No. 1323, § 58; 2007, No. 1207, §§ 1, 3.

(a) The Division of Workforce Services, through Arkansas Rehabilitation Services, shall provide the rehabilitation services authorized by this subchapter to eligible individuals with a physical or intellectual disability and those who can benefit from vocational rehabilitation and independent living services, as determined by the agency to be eligible therefor.

(b) In carrying out the purposes of this subchapter, Arkansas Rehabilitation Services is authorized, among other things: (1) To be the sole state agency to supervise and administer the rehabilitation services authorized by this subchapter except such part or parts as may be administered by a local agency in a political subdivision of the state, in which case Arkansas Rehabilitation Services shall be the sole agency to supervise such a local agency in the administration of such part or parts; (2) To conduct research and compile statistics relative to the provision of services or the need of services of individuals with a disability; and (3) To administer the Arkansas Rehabilitation Services Forgiveness of Student Loan Program.

(1) To be the sole state agency to supervise and administer the rehabilitation services authorized by this subchapter except such part or parts as may be administered by a local agency in a political subdivision of the state, in which case Arkansas Rehabilitation Services shall be the sole agency to supervise such a local agency in the administration of such part or parts;

(2) To conduct research and compile statistics relative to the provision of services or the need of services of individuals with a disability; and

(3) To administer the Arkansas Rehabilitation Services Forgiveness of Student Loan Program.

Amended by Act 2019, No. 910,§ 628, eff. 7/1/2019.

Acts 1999, No. 1323, § 58; 2007, No. 1207, §§ 1, 3.
Ark. Code Ann. § 25-20-407 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-407
Eminent domain
Status: in_force

(a) (1) Any authority may acquire any private property that it may deem necessary for its purposes by exercising the power of eminent domain in the manner prescribed in § 18-15-301 et seq. (2) However, power of eminent domain shall not apply to any personal or real property that may be owned or leased by a public utility or any personal or real property used to generate electric energy or sell electric energy at wholesale that is owned or leased by an exempt wholesale generator, as defined in § 23-1-101 . (b) (1) An authority shall not be authorized to acquire through condemnation procedures any plant, property, facility, or business owned or operated by any public utility or pipeline company subject to the jurisdiction of the Arkansas Public Service Commission or any personal or real property used to generate electric energy or to sell at wholesale electric energy owned or leased by an exempt wholesale generator, as defined in § 23-1-101 . (2) Notwithstanding § 25-20-108 and subsection (a) of this section, an authority shall be authorized to enter into any contract, agreement, or undertaking to purchase or otherwise acquire and to jointly construct or operate the plant, property, or facility. Acts 2003, No. 366, § 1.

(a) (1) Any authority may acquire any private property that it may deem necessary for its purposes by exercising the power of eminent domain in the manner prescribed in § 18-15-301 et seq. (2) However, power of eminent domain shall not apply to any personal or real property that may be owned or leased by a public utility or any personal or real property used to generate electric energy or sell electric energy at wholesale that is owned or leased by an exempt wholesale generator, as defined in § 23-1-101 .

(1) Any authority may acquire any private property that it may deem necessary for its purposes by exercising the power of eminent domain in the manner prescribed in § 18-15-301 et seq.

(2) However, power of eminent domain shall not apply to any personal or real property that may be owned or leased by a public utility or any personal or real property used to generate electric energy or sell electric energy at wholesale that is owned or leased by an exempt wholesale generator, as defined in § 23-1-101 .

(b) (1) An authority shall not be authorized to acquire through condemnation procedures any plant, property, facility, or business owned or operated by any public utility or pipeline company subject to the jurisdiction of the Arkansas Public Service Commission or any personal or real property used to generate electric energy or to sell at wholesale electric energy owned or leased by an exempt wholesale generator, as defined in § 23-1-101 . (2) Notwithstanding § 25-20-108 and subsection (a) of this section, an authority shall be authorized to enter into any contract, agreement, or undertaking to purchase or otherwise acquire and to jointly construct or operate the plant, property, or facility.

(1) An authority shall not be authorized to acquire through condemnation procedures any plant, property, facility, or business owned or operated by any public utility or pipeline company subject to the jurisdiction of the Arkansas Public Service Commission or any personal or real property used to generate electric energy or to sell at wholesale electric energy owned or leased by an exempt wholesale generator, as defined in § 23-1-101 .

(2) Notwithstanding § 25-20-108 and subsection (a) of this section, an authority shall be authorized to enter into any contract, agreement, or undertaking to purchase or otherwise acquire and to jointly construct or operate the plant, property, or facility.

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-19-112 — AR Code / Title 25 / Chapter 19 / Section 25-19-112
Audio media, visual media, and audiovisual media - Findings - Intent - Law enforcement
Status: in_force

(a) The General Assembly finds that: (1) The allocation of time of trained law enforcement personnel, dispatchers, and detention personnel toward fulfilling requests for copies of audio media, visual media, and audiovisual media is substantial; and (2) The uniform assessment of costs to defray and recover the allocation of time of trained law enforcement personnel, dispatchers, and detention personnel toward fulfilling requests for copies of audio media, visual media, and audiovisual media is necessary. (b) It is the intent of the General Assembly to encourage the use of audio media, visual media, and audiovisual media by state and local law enforcement agencies and detention centers. (c) (1) A state, county, municipal, school, college, or university law enforcement agency, dispatch center, public safety answering point, jail, detention center, or electronic record provider may charge for the costs associated with retrieving, reviewing, redacting, and copying audio media, visual media, and audiovisual media as provided under this section. (2) A request for audio media, visual media, and audiovisual media that: (A) Requires three (3) hours or less of personnel and equipment time to fulfill the request shall be provided at no charge: (i) Except for the cost of reproduction of the media; or (ii) Unless the requestor or the requestor's entity has made a request under this section in the immediately preceding thirty-day period; (B) Requires more than three (3) hours of personnel or equipment time to fulfill the request shall be charged at a rate that does not exceed twenty dollars ($20.00) per hour on a prorated basis for each hour of running time of audio media, visual media, or audiovisual media provided to the requestor; and (C) Is estimated to require more than three (3) hours of personnel or equipment time to fulfill the request may be required to be prepaid. (3) A request for audio media, visual media, and audiovisual media shall be sufficiently specific to enable the custodian to locate the requested audio media, visual media, and audiovisual media with reasonable effort. (4) An electronic record provider that charges for costs under this section shall provide a copy of the invoice to the entity required to maintain the audio media, visual media, or audiovisual media. Added by Act 2021, No. 778,§ 3, eff. 7/28/2021.

(a) The General Assembly finds that: (1) The allocation of time of trained law enforcement personnel, dispatchers, and detention personnel toward fulfilling requests for copies of audio media, visual media, and audiovisual media is substantial; and (2) The uniform assessment of costs to defray and recover the allocation of time of trained law enforcement personnel, dispatchers, and detention personnel toward fulfilling requests for copies of audio media, visual media, and audiovisual media is necessary.

(1) The allocation of time of trained law enforcement personnel, dispatchers, and detention personnel toward fulfilling requests for copies of audio media, visual media, and audiovisual media is substantial; and

(2) The uniform assessment of costs to defray and recover the allocation of time of trained law enforcement personnel, dispatchers, and detention personnel toward fulfilling requests for copies of audio media, visual media, and audiovisual media is necessary.

(b) It is the intent of the General Assembly to encourage the use of audio media, visual media, and audiovisual media by state and local law enforcement agencies and detention centers.

(c) (1) A state, county, municipal, school, college, or university law enforcement agency, dispatch center, public safety answering point, jail, detention center, or electronic record provider may charge for the costs associated with retrieving, reviewing, redacting, and copying audio media, visual media, and audiovisual media as provided under this section. (2) A request for audio media, visual media, and audiovisual media that: (A) Requires three (3) hours or less of personnel and equipment time to fulfill the request shall be provided at no charge: (i) Except for the cost of reproduction of the media; or (ii) Unless the requestor or the requestor's entity has made a request under this section in the immediately preceding thirty-day period; (B) Requires more than three (3) hours of personnel or equipment time to fulfill the request shall be charged at a rate that does not exceed twenty dollars ($20.00) per hour on a prorated basis for each hour of running time of audio media, visual media, or audiovisual media provided to the requestor; and (C) Is estimated to require more than three (3) hours of personnel or equipment time to fulfill the request may be required to be prepaid. (3) A request for audio media, visual media, and audiovisual media shall be sufficiently specific to enable the custodian to locate the requested audio media, visual media, and audiovisual media with reasonable effort. (4) An electronic record provider that charges for costs under this section shall provide a copy of the invoice to the entity required to maintain the audio media, visual media, or audiovisual media.

(1) A state, county, municipal, school, college, or university law enforcement agency, dispatch center, public safety answering point, jail, detention center, or electronic record provider may charge for the costs associated with retrieving, reviewing, redacting, and copying audio media, visual media, and audiovisual media as provided under this section.

(2) A request for audio media, visual media, and audiovisual media that: (A) Requires three (3) hours or less of personnel and equipment time to fulfill the request shall be provided at no charge: (i) Except for the cost of reproduction of the media; or (ii) Unless the requestor or the requestor's entity has made a request under this section in the immediately preceding thirty-day period; (B) Requires more than three (3) hours of personnel or equipment time to fulfill the request shall be charged at a rate that does not exceed twenty dollars ($20.00) per hour on a prorated basis for each hour of running time of audio media, visual media, or audiovisual media provided to the requestor; and (C) Is estimated to require more than three (3) hours of personnel or equipment time to fulfill the request may be required to be prepaid.

(A) Requires three (3) hours or less of personnel and equipment time to fulfill the request shall be provided at no charge: (i) Except for the cost of reproduction of the media; or (ii) Unless the requestor or the requestor's entity has made a request under this section in the immediately preceding thirty-day period;

(i) Except for the cost of reproduction of the media; or

(ii) Unless the requestor or the requestor's entity has made a request under this section in the immediately preceding thirty-day period;

(B) Requires more than three (3) hours of personnel or equipment time to fulfill the request shall be charged at a rate that does not exceed twenty dollars ($20.00) per hour on a prorated basis for each hour of running time of audio media, visual media, or audiovisual media provided to the requestor; and

(C) Is estimated to require more than three (3) hours of personnel or equipment time to fulfill the request may be required to be prepaid.

(3) A request for audio media, visual media, and audiovisual media shall be sufficiently specific to enable the custodian to locate the requested audio media, visual media, and audiovisual media with reasonable effort.

(4) An electronic record provider that charges for costs under this section shall provide a copy of the invoice to the entity required to maintain the audio media, visual media, or audiovisual media.

Added by Act 2021, No. 778,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 25-16-902 — AR Code / Title 25 / Chapter 16 / Subchapter 9 / Section 25-16-902
Expense reimbursement
Status: in_force

(a) Every state board may, by a majority vote of the total membership of the board cast during its first regularly scheduled meeting of each calendar year, authorize expense reimbursement for each board member for performing official board duties. (b) The expense reimbursement shall not exceed the rate established for state employees by state travel regulations. Acts 1995, No. 1211, § 2.

(a) Every state board may, by a majority vote of the total membership of the board cast during its first regularly scheduled meeting of each calendar year, authorize expense reimbursement for each board member for performing official board duties.

(b) The expense reimbursement shall not exceed the rate established for state employees by state travel regulations.

Acts 1995, No. 1211, § 2.
Ark. Code Ann. § 25-17-102 — AR Code / Title 25 / Chapter 17 / Subchapter 1 / Section 25-17-102
Allowance of claims against state charitable and educational institutions
Status: in_force

(a) It shall be unlawful for any board of trustees created under the laws of this state, when the duties of the board are to manage any of the charitable and educational institutions supported wholly or in part by this state, to allow any greater sum for any account, claim, or demand against the state than the amount actually due in lawful money of the United States, according to the legal, ordinary, and customary compensation for services rendered, materials furnished, and salaries or fees of officers, trustees, attendants, or servants. (b) (1) Before any account, claim, or demand whatever shall be allowed by any board of trustees, that board shall require a person or his or her legal representative who claims it to be due to attach to the account, claim, or demand an affidavit at the expense of the claimant, that: (A) The account, claim, or demand is just and correct and no part thereof has been previously paid; (B) The services charged for or materials furnished, as the case may be, were actually rendered or furnished and the charge made does not exceed the amount allowed by law or the customary charges for similar services or materials; (C) The account, claim, or demand is not enlarged, enhanced, or otherwise made greater in consequence or by reason of any estimated wrongs, whether supposed or real, arising by reason of any previous contract. (2) The allowed claim or demand with affidavit attached thereto shall be filed with the Auditor of State and kept in his or her office, subject to inspection by any member of the grand jury of the county or prosecuting attorney of the circuit court. (c) The General Assembly shall provide a joint committee every two (2) years, whose duty it shall be to examine the accounts thoroughly, together with all allowances made on account of the claims and report them to each branch of the General Assembly. (d) (1) In all cases, the board of trustees shall require an itemized account of any claim presented to them for allowance, sworn to as required in subsection (b) of this section, and may in all cases require satisfactory evidence, in addition thereto, of the correctness of the account. (2) The board of trustees may examine the parties and witnesses on oath touching the correctness of the account and shall have the power to compel the production of all books, accounts, papers, and documents which may be necessary in the investigation of any matter coming properly before them and within their jurisdiction. (e) (1) The board of trustees is prohibited from auditing, approving, or allowing any claim not specifically allowed the claimant by law or contracted for by the board in strict pursuance of the statutes. (2) The Auditor of State is prohibited from drawing his or her warrant on the Treasurer of State in payment of any claim or demand against the charitable or educational institutions unless the claim or demand shall be itemized and verified as required by subsection (b) of this section, approved and ordered paid by a majority of the board of trustees, and filed in the office of the Auditor of State. (3) No claim or demand shall be paid unless there is an unexpended appropriation previously made to pay it. Acts 1889, No. 17, §§ 1-4, p. 15; 1893, No. 162, § 1, p. 291; C. & M. Dig., §§ 9324-9327; Pope's Dig., §§ 12512-12515; A.S.A. 1947, §§ 7-101 -- 7-104.

(a) It shall be unlawful for any board of trustees created under the laws of this state, when the duties of the board are to manage any of the charitable and educational institutions supported wholly or in part by this state, to allow any greater sum for any account, claim, or demand against the state than the amount actually due in lawful money of the United States, according to the legal, ordinary, and customary compensation for services rendered, materials furnished, and salaries or fees of officers, trustees, attendants, or servants.

(b) (1) Before any account, claim, or demand whatever shall be allowed by any board of trustees, that board shall require a person or his or her legal representative who claims it to be due to attach to the account, claim, or demand an affidavit at the expense of the claimant, that: (A) The account, claim, or demand is just and correct and no part thereof has been previously paid; (B) The services charged for or materials furnished, as the case may be, were actually rendered or furnished and the charge made does not exceed the amount allowed by law or the customary charges for similar services or materials; (C) The account, claim, or demand is not enlarged, enhanced, or otherwise made greater in consequence or by reason of any estimated wrongs, whether supposed or real, arising by reason of any previous contract. (2) The allowed claim or demand with affidavit attached thereto shall be filed with the Auditor of State and kept in his or her office, subject to inspection by any member of the grand jury of the county or prosecuting attorney of the circuit court.

(1) Before any account, claim, or demand whatever shall be allowed by any board of trustees, that board shall require a person or his or her legal representative who claims it to be due to attach to the account, claim, or demand an affidavit at the expense of the claimant, that: (A) The account, claim, or demand is just and correct and no part thereof has been previously paid; (B) The services charged for or materials furnished, as the case may be, were actually rendered or furnished and the charge made does not exceed the amount allowed by law or the customary charges for similar services or materials; (C) The account, claim, or demand is not enlarged, enhanced, or otherwise made greater in consequence or by reason of any estimated wrongs, whether supposed or real, arising by reason of any previous contract.

(A) The account, claim, or demand is just and correct and no part thereof has been previously paid;

(B) The services charged for or materials furnished, as the case may be, were actually rendered or furnished and the charge made does not exceed the amount allowed by law or the customary charges for similar services or materials;

(C) The account, claim, or demand is not enlarged, enhanced, or otherwise made greater in consequence or by reason of any estimated wrongs, whether supposed or real, arising by reason of any previous contract.

(2) The allowed claim or demand with affidavit attached thereto shall be filed with the Auditor of State and kept in his or her office, subject to inspection by any member of the grand jury of the county or prosecuting attorney of the circuit court.

(c) The General Assembly shall provide a joint committee every two (2) years, whose duty it shall be to examine the accounts thoroughly, together with all allowances made on account of the claims and report them to each branch of the General Assembly.

(d) (1) In all cases, the board of trustees shall require an itemized account of any claim presented to them for allowance, sworn to as required in subsection (b) of this section, and may in all cases require satisfactory evidence, in addition thereto, of the correctness of the account. (2) The board of trustees may examine the parties and witnesses on oath touching the correctness of the account and shall have the power to compel the production of all books, accounts, papers, and documents which may be necessary in the investigation of any matter coming properly before them and within their jurisdiction.

(1) In all cases, the board of trustees shall require an itemized account of any claim presented to them for allowance, sworn to as required in subsection (b) of this section, and may in all cases require satisfactory evidence, in addition thereto, of the correctness of the account.

(2) The board of trustees may examine the parties and witnesses on oath touching the correctness of the account and shall have the power to compel the production of all books, accounts, papers, and documents which may be necessary in the investigation of any matter coming properly before them and within their jurisdiction.

(e) (1) The board of trustees is prohibited from auditing, approving, or allowing any claim not specifically allowed the claimant by law or contracted for by the board in strict pursuance of the statutes. (2) The Auditor of State is prohibited from drawing his or her warrant on the Treasurer of State in payment of any claim or demand against the charitable or educational institutions unless the claim or demand shall be itemized and verified as required by subsection (b) of this section, approved and ordered paid by a majority of the board of trustees, and filed in the office of the Auditor of State. (3) No claim or demand shall be paid unless there is an unexpended appropriation previously made to pay it.

(1) The board of trustees is prohibited from auditing, approving, or allowing any claim not specifically allowed the claimant by law or contracted for by the board in strict pursuance of the statutes.

(2) The Auditor of State is prohibited from drawing his or her warrant on the Treasurer of State in payment of any claim or demand against the charitable or educational institutions unless the claim or demand shall be itemized and verified as required by subsection (b) of this section, approved and ordered paid by a majority of the board of trustees, and filed in the office of the Auditor of State.

(3) No claim or demand shall be paid unless there is an unexpended appropriation previously made to pay it.

Acts 1889, No. 17, §§ 1-4, p. 15; 1893, No. 162, § 1, p. 291; C. & M. Dig., §§ 9324-9327; Pope's Dig., §§ 12512-12515; A.S.A. 1947, §§ 7-101 -- 7-104.
Ark. Code Ann. § 25-43-702 — AR Code / Title 25 / Chapter 43 / Subchapter 7 / Section 25-43-702
State entities transferred to Department of Finance and Administration
Status: repealed

(a) The administrative functions of the following state entities are transferred to the Department of Finance and Administration by a cabinet-level transfer: (1) The Alcoholic Beverage Control Board, created under § 3-2-201 ; (2) The Alcoholic Beverage Control Division, created under § 25-8-101 ; (3) The Assessment Coordination Department, created under § 25-28-101 , now to be known as the "Assessment Coordination Division"; (4) The Arkansas Tobacco Control Board, created under § 26-57-255 ; (5) Arkansas Tobacco Control, created under § 26-57-257 ; (6) The Arkansas Racing Commission, created under § 23-110-201 ; (7) The Department of Finance and Administration, created under § 25-8-101 ; (8) The Medical Marijuana Commission, created under Arkansas Constitution, Amendment 98, § 19; (9) The Office of the Arkansas Lottery, created under § 23-115-201 ; (10) The Office of Motor Vehicle, created under § 27-14-401 ; (11) The Office of Driver Services, created under § 27-16-402 ; and (12) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, created under § 9-14-206 . (b) Unless otherwise provided by law, a cabinet-level department transfer under subsection (a) of this section includes all state entities under a state entity transferred to the Department of Finance and Administration under subsection (a) of this section, including without limitation a division, office, program, or other unit of a state entity transferred to the Department of Finance and Administration under subsection (a) of this section. (c) Unless otherwise provided by law, a state entity whose administrative functions have been transferred to the Department of Finance and Administration under subsection (a) of this section shall otherwise continue to exercise the duties of the state entity under the administration of the cabinet-level Department of Finance and Administration in the same manner as before the creation of the cabinet-level department. Added by Act 2019, No. 910,§ 3265, eff. 7/1/2019.

(a) The administrative functions of the following state entities are transferred to the Department of Finance and Administration by a cabinet-level transfer: (1) The Alcoholic Beverage Control Board, created under § 3-2-201 ; (2) The Alcoholic Beverage Control Division, created under § 25-8-101 ; (3) The Assessment Coordination Department, created under § 25-28-101 , now to be known as the "Assessment Coordination Division"; (4) The Arkansas Tobacco Control Board, created under § 26-57-255 ; (5) Arkansas Tobacco Control, created under § 26-57-257 ; (6) The Arkansas Racing Commission, created under § 23-110-201 ; (7) The Department of Finance and Administration, created under § 25-8-101 ; (8) The Medical Marijuana Commission, created under Arkansas Constitution, Amendment 98, § 19; (9) The Office of the Arkansas Lottery, created under § 23-115-201 ; (10) The Office of Motor Vehicle, created under § 27-14-401 ; (11) The Office of Driver Services, created under § 27-16-402 ; and (12) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, created under § 9-14-206 .

(1) The Alcoholic Beverage Control Board, created under § 3-2-201 ;

(2) The Alcoholic Beverage Control Division, created under § 25-8-101 ;

(3) The Assessment Coordination Department, created under § 25-28-101 , now to be known as the "Assessment Coordination Division";

(4) The Arkansas Tobacco Control Board, created under § 26-57-255 ;

(5) Arkansas Tobacco Control, created under § 26-57-257 ;

(6) The Arkansas Racing Commission, created under § 23-110-201 ;

(7) The Department of Finance and Administration, created under § 25-8-101 ;

(8) The Medical Marijuana Commission, created under Arkansas Constitution, Amendment 98, § 19;

(9) The Office of the Arkansas Lottery, created under § 23-115-201 ;

(10) The Office of Motor Vehicle, created under § 27-14-401 ;

(11) The Office of Driver Services, created under § 27-16-402 ; and

(12) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, created under § 9-14-206 .

(b) Unless otherwise provided by law, a cabinet-level department transfer under subsection (a) of this section includes all state entities under a state entity transferred to the Department of Finance and Administration under subsection (a) of this section, including without limitation a division, office, program, or other unit of a state entity transferred to the Department of Finance and Administration under subsection (a) of this section.

(c) Unless otherwise provided by law, a state entity whose administrative functions have been transferred to the Department of Finance and Administration under subsection (a) of this section shall otherwise continue to exercise the duties of the state entity under the administration of the cabinet-level Department of Finance and Administration in the same manner as before the creation of the cabinet-level department.

Added by Act 2019, No. 910,§ 3265, eff. 7/1/2019.
Ark. Code Ann. § 25-10-111 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-111
Budgeting generally
Status: in_force

(a) (1) The Secretary of the Department of Human Services shall obtain from each division, office, section, or unit of the Department of Human Services, including the institutions and institutional boards thereunder, all requests for biennial appropriations and all requests for special supplemental or construction appropriations. (2) The secretary shall review the requests and submit to the Chief Fiscal Officer of the State, the Governor, and the Legislative Council a coordinated budget for all divisions, offices, programs, institutions, and services of the department in whatever detail may be required by the state budgetary laws and by the budget forms and procedures promulgated by the Chief Fiscal Officer of the State and by the Legislative Council. (b) It shall be the responsibility of the secretary to operate all of the divisions, offices, and programs and to require that each of the institutional boards under the department administer their programs within those fiscal limitations and restraints which the secretary deems necessary to assure that each program, service, and institution within the department receives an allocation of funds in accordance with the needs of the respective programs, services, and institutions and within the limitation of the moneys allocated and appropriated to the department for the operation of those programs, services, and institutions. (c) (1) Although it is the intent of this act that the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall each operate their institutional programs and services within the department with autonomy and independence as intended by Arkansas Constitution, Amendment 33, the General Assembly recognizes that reasonable fiscal policies are necessary to assure that the various services of government are operated on a sound financial basis and that deficit spending is not implemented. (2) In furtherance of that policy, the General Assembly determines that: (A) The secretary, with respect to the allocation of funds and the exercise of fiscal restraint over all divisions, offices, sections, units, programs, services, and institutions within the department, shall have the ultimate authority to allocate and limit the amount of funds to be expended in the operation of each division, office, program, service, and institution within the department as he or she deems necessary to comply with the fiscal laws of this state; and (B) Nothing herein shall be construed to limit the ultimate authority of the secretary to develop and operate the various programs in the state institutional system. (3) However, all real property, including capital improvements thereon, constituting the Department of Human Services State Institutional System shall be under the control of the Department of Human Services State Institutional System Board, and the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services may convey by sale or lease any real property within the state institutional system. Amended by Act 2019, No. 910,§ 5248, eff. 7/1/2019. Acts 1985, No. 348, § 11; A.S.A. 1947, § 5-912h; Acts 1997, No. 1333, § 1.

(a) (1) The Secretary of the Department of Human Services shall obtain from each division, office, section, or unit of the Department of Human Services, including the institutions and institutional boards thereunder, all requests for biennial appropriations and all requests for special supplemental or construction appropriations. (2) The secretary shall review the requests and submit to the Chief Fiscal Officer of the State, the Governor, and the Legislative Council a coordinated budget for all divisions, offices, programs, institutions, and services of the department in whatever detail may be required by the state budgetary laws and by the budget forms and procedures promulgated by the Chief Fiscal Officer of the State and by the Legislative Council.

(1) The Secretary of the Department of Human Services shall obtain from each division, office, section, or unit of the Department of Human Services, including the institutions and institutional boards thereunder, all requests for biennial appropriations and all requests for special supplemental or construction appropriations.

(2) The secretary shall review the requests and submit to the Chief Fiscal Officer of the State, the Governor, and the Legislative Council a coordinated budget for all divisions, offices, programs, institutions, and services of the department in whatever detail may be required by the state budgetary laws and by the budget forms and procedures promulgated by the Chief Fiscal Officer of the State and by the Legislative Council.

(b) It shall be the responsibility of the secretary to operate all of the divisions, offices, and programs and to require that each of the institutional boards under the department administer their programs within those fiscal limitations and restraints which the secretary deems necessary to assure that each program, service, and institution within the department receives an allocation of funds in accordance with the needs of the respective programs, services, and institutions and within the limitation of the moneys allocated and appropriated to the department for the operation of those programs, services, and institutions.

(c) (1) Although it is the intent of this act that the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall each operate their institutional programs and services within the department with autonomy and independence as intended by Arkansas Constitution, Amendment 33, the General Assembly recognizes that reasonable fiscal policies are necessary to assure that the various services of government are operated on a sound financial basis and that deficit spending is not implemented. (2) In furtherance of that policy, the General Assembly determines that: (A) The secretary, with respect to the allocation of funds and the exercise of fiscal restraint over all divisions, offices, sections, units, programs, services, and institutions within the department, shall have the ultimate authority to allocate and limit the amount of funds to be expended in the operation of each division, office, program, service, and institution within the department as he or she deems necessary to comply with the fiscal laws of this state; and (B) Nothing herein shall be construed to limit the ultimate authority of the secretary to develop and operate the various programs in the state institutional system. (3) However, all real property, including capital improvements thereon, constituting the Department of Human Services State Institutional System shall be under the control of the Department of Human Services State Institutional System Board, and the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services may convey by sale or lease any real property within the state institutional system.

(1) Although it is the intent of this act that the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall each operate their institutional programs and services within the department with autonomy and independence as intended by Arkansas Constitution, Amendment 33, the General Assembly recognizes that reasonable fiscal policies are necessary to assure that the various services of government are operated on a sound financial basis and that deficit spending is not implemented.

(2) In furtherance of that policy, the General Assembly determines that: (A) The secretary, with respect to the allocation of funds and the exercise of fiscal restraint over all divisions, offices, sections, units, programs, services, and institutions within the department, shall have the ultimate authority to allocate and limit the amount of funds to be expended in the operation of each division, office, program, service, and institution within the department as he or she deems necessary to comply with the fiscal laws of this state; and (B) Nothing herein shall be construed to limit the ultimate authority of the secretary to develop and operate the various programs in the state institutional system.

(A) The secretary, with respect to the allocation of funds and the exercise of fiscal restraint over all divisions, offices, sections, units, programs, services, and institutions within the department, shall have the ultimate authority to allocate and limit the amount of funds to be expended in the operation of each division, office, program, service, and institution within the department as he or she deems necessary to comply with the fiscal laws of this state; and

(B) Nothing herein shall be construed to limit the ultimate authority of the secretary to develop and operate the various programs in the state institutional system.

(3) However, all real property, including capital improvements thereon, constituting the Department of Human Services State Institutional System shall be under the control of the Department of Human Services State Institutional System Board, and the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services may convey by sale or lease any real property within the state institutional system.

Amended by Act 2019, No. 910,§ 5248, eff. 7/1/2019.

Acts 1985, No. 348, § 11; A.S.A. 1947, § 5-912h; Acts 1997, No. 1333, § 1.
Ark. Code Ann. § 25-43-111 — AR Code / Title 25 / Chapter 43 / Subchapter 1 / Section 25-43-111
State entity subject to Arkansas Constitution, Amendment 33
Status: in_force

(a) Notwithstanding any provision of the Transformation and Efficiencies Act of 2019, if a state entity subject to a cabinet-level department transfer under this chapter is subject to Arkansas Constitution, Amendment 33: (1) The state entity subject to Arkansas Constitution, Amendment 33, and the institutions under its authority shall be considered to be affiliated with the cabinet-level department at issue; and (2) The state entity subject to Arkansas Constitution, Amendment 33, shall perform all functions with respect to the management and control of the state entity and the institutions under its authority as contemplated by Arkansas Constitution, Amendment 33. (b) The Transformation and Efficiencies Act of 2019 shall not abridge, diminish, or curtail, in any respect, the authority or responsibilities vested in a state entity that is subject to Arkansas Constitution, Amendment 33, and affiliated with a cabinet-level department under the Transformation and Efficiencies Act of 2019. Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.

(a) Notwithstanding any provision of the Transformation and Efficiencies Act of 2019, if a state entity subject to a cabinet-level department transfer under this chapter is subject to Arkansas Constitution, Amendment 33: (1) The state entity subject to Arkansas Constitution, Amendment 33, and the institutions under its authority shall be considered to be affiliated with the cabinet-level department at issue; and (2) The state entity subject to Arkansas Constitution, Amendment 33, shall perform all functions with respect to the management and control of the state entity and the institutions under its authority as contemplated by Arkansas Constitution, Amendment 33.

(1) The state entity subject to Arkansas Constitution, Amendment 33, and the institutions under its authority shall be considered to be affiliated with the cabinet-level department at issue; and

(2) The state entity subject to Arkansas Constitution, Amendment 33, shall perform all functions with respect to the management and control of the state entity and the institutions under its authority as contemplated by Arkansas Constitution, Amendment 33.

(b) The Transformation and Efficiencies Act of 2019 shall not abridge, diminish, or curtail, in any respect, the authority or responsibilities vested in a state entity that is subject to Arkansas Constitution, Amendment 33, and affiliated with a cabinet-level department under the Transformation and Efficiencies Act of 2019.

Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.
Ark. Code Ann. § 25-30-207 — AR Code / Title 25 / Chapter 30 / Subchapter 2 / Section 25-30-207
Comprehensive system of personnel development
Status: in_force

(a) Under The Rehabilitation Act Amendments of 1992, Pub. L. No. 102-569, a state vocational rehabilitation agency is required to establish qualified personnel standards for rehabilitation personnel, including vocational rehabilitation counselors, that are consistent with national or state-approved or recognized certification, licensing, or registration that apply to a particular profession. (b) (1) In order to comply with the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., as it existed on January 1, 2023, and state plan requirements, Arkansas Rehabilitation Services is granted a general waiver of the Financial Management Guide, R 1-19-4 -522 Continuing Professional Education. (2) The waiver granted under subdivision (b)(1) of this section allows Arkansas Rehabilitation Services to provide college level coursework in a degree program for an eligible employee selected by Arkansas Rehabilitation Services. (c) This section covers any formula and discretionary grants funded by the United States Department of Education Rehabilitation Services Administration, including without limitation the following: (1) The vocational rehabilitation program; (2) Supported employment; (3) Independent living; and (4) The staff development grant. (d) This section applies to federal financial participation, state general revenue share, and program income. Added by Act 2023, No. 283,§ 14, eff. 7/1/2023.

(a) Under The Rehabilitation Act Amendments of 1992, Pub. L. No. 102-569, a state vocational rehabilitation agency is required to establish qualified personnel standards for rehabilitation personnel, including vocational rehabilitation counselors, that are consistent with national or state-approved or recognized certification, licensing, or registration that apply to a particular profession.

(b) (1) In order to comply with the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., as it existed on January 1, 2023, and state plan requirements, Arkansas Rehabilitation Services is granted a general waiver of the Financial Management Guide, R 1-19-4 -522 Continuing Professional Education. (2) The waiver granted under subdivision (b)(1) of this section allows Arkansas Rehabilitation Services to provide college level coursework in a degree program for an eligible employee selected by Arkansas Rehabilitation Services.

(1) In order to comply with the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., as it existed on January 1, 2023, and state plan requirements, Arkansas Rehabilitation Services is granted a general waiver of the Financial Management Guide, R 1-19-4 -522 Continuing Professional Education.

(2) The waiver granted under subdivision (b)(1) of this section allows Arkansas Rehabilitation Services to provide college level coursework in a degree program for an eligible employee selected by Arkansas Rehabilitation Services.

(c) This section covers any formula and discretionary grants funded by the United States Department of Education Rehabilitation Services Administration, including without limitation the following: (1) The vocational rehabilitation program; (2) Supported employment; (3) Independent living; and (4) The staff development grant.

(1) The vocational rehabilitation program;

(2) Supported employment;

(3) Independent living; and

(4) The staff development grant.

(d) This section applies to federal financial participation, state general revenue share, and program income.

Added by Act 2023, No. 283,§ 14, eff. 7/1/2023.
Ark. Code Ann. § 25-15-101 — AR Code / Title 25 / Chapter 15 / Subchapter 1 / Section 25-15-101
Interpreters generally
Status: in_force

(a) As used in this section, "interpreter" means an interpreter as defined in § 25-15-102 . (b) A person who cannot speak or understand the English language or who because of hearing, speaking, or other impairment has difficulty in communicating with other persons and who is a party to a civil proceeding or a witness in a civil proceeding is entitled to an interpreter to assist that person throughout the proceeding. (c) (1) An interpreter may be retained by the party or witness himself or herself or, if the person is unable to pay for an interpreter, may be appointed by the administrative board or agency before which the proceeding is pending. (2) If an interpreter is appointed by the board or agency, the fee for the services of the interpreter shall be set by the board or agency and be paid from funds available to the board or agency or be paid in any other manner ordered by the board or agency. (d) An administrative agency may inquire into the qualifications and integrity of an interpreter and may disqualify any person for cause from serving as an interpreter. (e) An interpreter for another person who is either a party or a witness in an administrative proceeding under this section shall take the following oath: "Do you solemnly swear (or affirm) that you will justly, truly, and impartially interpret to ...............the oath about to be administered to him (her), and the questions which may be asked him (her), and the answers that he (she) shall give to such questions, relative to the cause now under consideration before this board (agency), so help you God (or under the pains and penalties of perjury)?" Amended by Act 2013, No. 1314,§ 4, eff. 8/16/2013. Acts 1973, No. 555, § 1; A.S.A. 1947, § 5-715.

(a) As used in this section, "interpreter" means an interpreter as defined in § 25-15-102 .

(b) A person who cannot speak or understand the English language or who because of hearing, speaking, or other impairment has difficulty in communicating with other persons and who is a party to a civil proceeding or a witness in a civil proceeding is entitled to an interpreter to assist that person throughout the proceeding.

(c) (1) An interpreter may be retained by the party or witness himself or herself or, if the person is unable to pay for an interpreter, may be appointed by the administrative board or agency before which the proceeding is pending. (2) If an interpreter is appointed by the board or agency, the fee for the services of the interpreter shall be set by the board or agency and be paid from funds available to the board or agency or be paid in any other manner ordered by the board or agency.

(1) An interpreter may be retained by the party or witness himself or herself or, if the person is unable to pay for an interpreter, may be appointed by the administrative board or agency before which the proceeding is pending.

(2) If an interpreter is appointed by the board or agency, the fee for the services of the interpreter shall be set by the board or agency and be paid from funds available to the board or agency or be paid in any other manner ordered by the board or agency.

(d) An administrative agency may inquire into the qualifications and integrity of an interpreter and may disqualify any person for cause from serving as an interpreter.

(e) An interpreter for another person who is either a party or a witness in an administrative proceeding under this section shall take the following oath: "Do you solemnly swear (or affirm) that you will justly, truly, and impartially interpret to ...............the oath about to be administered to him (her), and the questions which may be asked him (her), and the answers that he (she) shall give to such questions, relative to the cause now under consideration before this board (agency), so help you God (or under the pains and penalties of perjury)?"

"Do you solemnly swear (or affirm) that you will justly, truly, and impartially interpret to ...............the oath about to be administered to him (her), and the questions which may be asked him (her), and the answers that he (she) shall give to such questions, relative to the cause now under consideration before this board (agency), so help you God (or under the pains and penalties of perjury)?"

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

Acts 1973, No. 555, § 1; A.S.A. 1947, § 5-715.
Ark. Code Ann. § 25-16-517 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-517
Warrants - Restrictions on issuance
Status: in_force

(a) No warrant shall be drawn by the Auditor of State unless the money has been previously appropriated by law, nor shall the amount drawn for under any one (1) head ever exceed the amount appropriated by law for that purpose. (b) The Auditor of State is denied authority to draw any warrant on the Treasurer of State to be paid out of the general revenue of the state for the support of common schools. (c) If the Auditor of State shall knowingly issue any warrant upon the State Treasury not authorized by law, he or she shall be deemed guilty of a misdemeanor in office. Upon conviction thereof, he or she shall forfeit, for the use of the state, any sum not less than fifty dollars ($50.00). Rev. Stat., ch. 18, §§ 17, 32; Acts 1883, No. 114, § 208, p. 199; C. & M. Dig., §§ 2827, 4469, 10179; Pope's Dig., §§ 3545, 5505, 13962; A.S.A. 1947, §§ 12-524 -- 12-526.

(a) No warrant shall be drawn by the Auditor of State unless the money has been previously appropriated by law, nor shall the amount drawn for under any one (1) head ever exceed the amount appropriated by law for that purpose.

(b) The Auditor of State is denied authority to draw any warrant on the Treasurer of State to be paid out of the general revenue of the state for the support of common schools.

(c) If the Auditor of State shall knowingly issue any warrant upon the State Treasury not authorized by law, he or she shall be deemed guilty of a misdemeanor in office. Upon conviction thereof, he or she shall forfeit, for the use of the state, any sum not less than fifty dollars ($50.00).

Rev. Stat., ch. 18, §§ 17, 32; Acts 1883, No. 114, § 208, p. 199; C. & M. Dig., §§ 2827, 4469, 10179; Pope's Dig., §§ 3545, 5505, 13962; A.S.A. 1947, §§ 12-524 -- 12-526.
Ark. Code Ann. § 25-10-113 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-113
Disposition of direct services funds
Status: in_force

(a) It is the intent and purpose of this act that no appropriation of funds provided by the General Assembly to the Department of Human Services for direct-care assistance to individuals or for the purchase of direct services for individuals shall be used in defraying state administrative or state case management costs of the department. (b) It is the specific intent of this act to prevent the diversion of community grant-in-aid line funds for any purpose that would not provide direct services to clients with intellectual or other developmental disabilities in community programs. Amended by Act 2019, No. 1035,§ 54, eff. 7/24/2019. Acts 1985, No. 348, § 13; A.S.A. 1947, § 5-912j.

(a) It is the intent and purpose of this act that no appropriation of funds provided by the General Assembly to the Department of Human Services for direct-care assistance to individuals or for the purchase of direct services for individuals shall be used in defraying state administrative or state case management costs of the department.

(b) It is the specific intent of this act to prevent the diversion of community grant-in-aid line funds for any purpose that would not provide direct services to clients with intellectual or other developmental disabilities in community programs.

Amended by Act 2019, No. 1035,§ 54, eff. 7/24/2019.

Acts 1985, No. 348, § 13; A.S.A. 1947, § 5-912j.
Ark. Code Ann. § 25-15-105 — AR Code / Title 25 / Chapter 15 / Subchapter 1 / Section 25-15-105
Administrative fees and penalties
Status: in_force

(a) As used in this section, "agency" means the same as defined at § 25-15-202 . (b) (1) An agency shall not assess a fee or penalty without specific statutory authority to: (A) Assess a certain type and amount of fee or penalty; or (B) Impose a fee or penalty in general. (2) (A) An agency assessing or imposing a fee or penalty shall promulgate the fee or penalty by rule. (B) An agency is not required to promulgate a fee or penalty by rule if the specific amount of the fee or penalty is set by statute. (C) A rule assessing or imposing a fee or penalty shall be submitted to the Legislative Council for review and approval before a fee or penalty may be assessed or imposed by the agency. (c) Subsection (b) of this section does not affect an agency's authority to deny, suspend, and revoke licenses within its regulatory authority. Amended by Act 2021, No. 1101,§ 2, eff. 7/28/2021. Acts 2011, No. 1159, § 1.

(a) As used in this section, "agency" means the same as defined at § 25-15-202 .

(b) (1) An agency shall not assess a fee or penalty without specific statutory authority to: (A) Assess a certain type and amount of fee or penalty; or (B) Impose a fee or penalty in general. (2) (A) An agency assessing or imposing a fee or penalty shall promulgate the fee or penalty by rule. (B) An agency is not required to promulgate a fee or penalty by rule if the specific amount of the fee or penalty is set by statute. (C) A rule assessing or imposing a fee or penalty shall be submitted to the Legislative Council for review and approval before a fee or penalty may be assessed or imposed by the agency.

(1) An agency shall not assess a fee or penalty without specific statutory authority to: (A) Assess a certain type and amount of fee or penalty; or (B) Impose a fee or penalty in general.

(A) Assess a certain type and amount of fee or penalty; or

(B) Impose a fee or penalty in general.

(2) (A) An agency assessing or imposing a fee or penalty shall promulgate the fee or penalty by rule. (B) An agency is not required to promulgate a fee or penalty by rule if the specific amount of the fee or penalty is set by statute. (C) A rule assessing or imposing a fee or penalty shall be submitted to the Legislative Council for review and approval before a fee or penalty may be assessed or imposed by the agency.

(A) An agency assessing or imposing a fee or penalty shall promulgate the fee or penalty by rule.

(B) An agency is not required to promulgate a fee or penalty by rule if the specific amount of the fee or penalty is set by statute.

(C) A rule assessing or imposing a fee or penalty shall be submitted to the Legislative Council for review and approval before a fee or penalty may be assessed or imposed by the agency.

(c) Subsection (b) of this section does not affect an agency's authority to deny, suspend, and revoke licenses within its regulatory authority.

Amended by Act 2021, No. 1101,§ 2, eff. 7/28/2021.

Acts 2011, No. 1159, § 1.
Ark. Code Ann. § 25-42-104 — AR Code / Title 25 / Chapter 42 / Section 25-42-104
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 5117, eff. 7/1/2019. Acts 2011, No. 891, § 1.

Repealed by Act 2019, No. 910,§ 5117, eff. 7/1/2019.

Acts 2011, No. 891, § 1.
Ark. Code Ann. § 25-20-324 — AR Code / Title 25 / Chapter 20 / Subchapter 3 / Section 25-20-324
Interim financing
Status: in_force

(a) If the issuance of revenue bonds is authorized by resolution of the board of commissioners, any public body created under this subchapter is authorized to obtain interim financing pending the delivery of all or any part of the bonds from such sources and upon such terms as the board of commissioners of the public body shall determine. (b) (1) As evidence of any indebtedness so incurred, the public body may execute and deliver its promissory note or notes and pledge to the payment thereof any revenues authorized by this subchapter to be pledged to revenue bonds and the proceeds of the revenue bonds when issued. (2) The public body may secure the notes in the same manner as revenue bonds issued under this subchapter. (c) The notes shall not in any event constitute an indebtedness of, nor pledge the faith and credit of, the State of Arkansas or the participating public agencies of the public body within the meaning of any constitutional or statutory limitation. (d) The public body may use, as distinguished from pledge, any available revenues to pay or to apply to the payment of the principal of and interest on the notes and may use the proceeds of revenue bonds, either alone or with other available revenues, to pay the principal and interest on the notes. (e) The notes may bear such date or dates, may mature at such time or times, not exceeding thirty-six (36) months from their respective dates, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable at such place or places, may contain such provisions for prepayment prior to maturity and may contain such other terms, covenants, and conditions as the resolution may provide, not inconsistent with the provisions of this subchapter pertaining to revenue bonds. Added by Act 2017, No. 711,§ 13, eff. 3/27/2017.

(a) If the issuance of revenue bonds is authorized by resolution of the board of commissioners, any public body created under this subchapter is authorized to obtain interim financing pending the delivery of all or any part of the bonds from such sources and upon such terms as the board of commissioners of the public body shall determine.

(b) (1) As evidence of any indebtedness so incurred, the public body may execute and deliver its promissory note or notes and pledge to the payment thereof any revenues authorized by this subchapter to be pledged to revenue bonds and the proceeds of the revenue bonds when issued. (2) The public body may secure the notes in the same manner as revenue bonds issued under this subchapter.

(1) As evidence of any indebtedness so incurred, the public body may execute and deliver its promissory note or notes and pledge to the payment thereof any revenues authorized by this subchapter to be pledged to revenue bonds and the proceeds of the revenue bonds when issued.

(2) The public body may secure the notes in the same manner as revenue bonds issued under this subchapter.

(c) The notes shall not in any event constitute an indebtedness of, nor pledge the faith and credit of, the State of Arkansas or the participating public agencies of the public body within the meaning of any constitutional or statutory limitation.

(d) The public body may use, as distinguished from pledge, any available revenues to pay or to apply to the payment of the principal of and interest on the notes and may use the proceeds of revenue bonds, either alone or with other available revenues, to pay the principal and interest on the notes.

(e) The notes may bear such date or dates, may mature at such time or times, not exceeding thirty-six (36) months from their respective dates, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable at such place or places, may contain such provisions for prepayment prior to maturity and may contain such other terms, covenants, and conditions as the resolution may provide, not inconsistent with the provisions of this subchapter pertaining to revenue bonds.

Added by Act 2017, No. 711,§ 13, eff. 3/27/2017.
Ark. Code Ann. § 25-16-607 — AR Code / Title 25 / Chapter 16 / Subchapter 6 / Section 25-16-607
Payment on Auditor of State's warrants
Status: in_force

(a) The Treasurer of State is prohibited from paying any money out of the State Treasury on any account whatever except upon the lawful warrants of the Auditor of State. (b) No warrant shall be paid by the Treasurer of State unless the money has been previously appropriated by law, nor shall the amount paid under any one (1) head ever exceed the amount appropriated by law for that purpose. (c) Whenever there shall not be in the State Treasury a sufficient amount of money to pay all the warrants of the Auditor of State outstanding at the time, the Treasurer of State shall redeem the warrants in the order of their dates and numbers as issued. It shall be lawful for the Treasurer of State to pay any Auditor of State's warrant when the amount of money in the State Treasury is sufficient to redeem the warrant, as well as all other warrants of earlier date and number preceding it. (d) The Treasurer of State, when he or she pays any warrant drawn by the Auditor of State, shall write on the face of the warrant "redeemed", to which he or she shall sign his or her name and the date thereof. (e) If the Treasurer of State shall willfully and unlawfully refuse to pay any warrant drawn upon the State Treasury, having funds on hand for that purpose, then he or she shall be deemed guilty of a misdemeanor in office and upon conviction shall be fined for the use of the state in any sum not less than one hundred dollars ($100). Rev. Stat., ch. 18, §§ 17, 24, 33; Acts 1883, No. 107, § 2, p. 191; 1885, No. 131, § 4, p. 210; C. & M. Dig., §§ 2828, 4469, 4495, 4496; Pope's Dig., §§ 3546, 5505, 5531, 5532; A.S.A. 1947, §§ 12-613 -- 12-617.

(a) The Treasurer of State is prohibited from paying any money out of the State Treasury on any account whatever except upon the lawful warrants of the Auditor of State.

(b) No warrant shall be paid by the Treasurer of State unless the money has been previously appropriated by law, nor shall the amount paid under any one (1) head ever exceed the amount appropriated by law for that purpose.

(c) Whenever there shall not be in the State Treasury a sufficient amount of money to pay all the warrants of the Auditor of State outstanding at the time, the Treasurer of State shall redeem the warrants in the order of their dates and numbers as issued. It shall be lawful for the Treasurer of State to pay any Auditor of State's warrant when the amount of money in the State Treasury is sufficient to redeem the warrant, as well as all other warrants of earlier date and number preceding it.

(d) The Treasurer of State, when he or she pays any warrant drawn by the Auditor of State, shall write on the face of the warrant "redeemed", to which he or she shall sign his or her name and the date thereof.

(e) If the Treasurer of State shall willfully and unlawfully refuse to pay any warrant drawn upon the State Treasury, having funds on hand for that purpose, then he or she shall be deemed guilty of a misdemeanor in office and upon conviction shall be fined for the use of the state in any sum not less than one hundred dollars ($100).

Rev. Stat., ch. 18, §§ 17, 24, 33; Acts 1883, No. 107, § 2, p. 191; 1885, No. 131, § 4, p. 210; C. & M. Dig., §§ 2828, 4469, 4495, 4496; Pope's Dig., §§ 3546, 5505, 5531, 5532; A.S.A. 1947, §§ 12-613 -- 12-617.
Ark. Code Ann. § 25-32-106 — AR Code / Title 25 / Chapter 32 / Section 25-32-106
Construction and application
Status: in_force

This chapter must be construed and applied: (1) to facilitate electronic transactions consistent with other applicable law; (2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among States enacting it. Acts 2001, No. 905, § 6.

This chapter must be construed and applied:

(1) to facilitate electronic transactions consistent with other applicable law;

(2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and

(3) to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among States enacting it.

Acts 2001, No. 905, § 6.
Ark. Code Ann. § 25-16-614 — AR Code / Title 25 / Chapter 16 / Subchapter 6 / Section 25-16-614
Examination of office
Status: in_force

(a) The Governor shall be authorized and required to appoint and commission expert accountants to examine and report to the Governor the state of the Treasurer of State's office. The Governor may order an examination at his or her discretion provided he or she orders at least one (1) each year. (b) (1) At least one (1) appointment of an accountant shall be made each year, and the number of accountants shall not exceed two (2). (2) The duties of accountants shall be to examine carefully and fully the books of the Treasurer of State, to count the cash belonging to the state on hand, and to prepare a complete printed statement of their labor. Accountants shall attach to this statement the following oath subscribed and sworn to by them: "I do solemnly swear that I have made a complete examination of the books belonging to the office of the Treasurer of State for one (1) year last past, and counted the cash on hand, and the foregoing statement is true and correct, and I further swear that I did not directly nor indirectly inform anyone of my appointment nor of my intention to examine said books until I entered actively upon my duty." (3) (A) When the Governor appoints and commissions the accountants, he or she shall swear them not to divulge their appointments until they shall have entered upon the active duties of their office. (B) If the expert or accountant shall divulge, directly or indirectly, the fact that he or she has been appointed or commissioned to that office, or the time when the Governor has ordered the examination, he or she shall be deemed guilty of perjury and punished as in other cases. (4) The Governor is authorized to pay the accountants out of the contingent fund a sum of money not exceeding two hundred dollars ($200) for each examination made. (c) Upon the presentation of the accountant duly commissioned, the Treasurer of State shall give the accountant free access to his or her books and permit him or her to count the cash on hand. (d) On the refusal of the Treasurer of State to comply with the provisions of this section, his or her office shall be declared vacant and the offense deemed a felony, and on conviction thereof he or she shall be sentenced to the Division of Correction for a term not exceeding five (5) years. Amended by Act 2019, No. 910,§ 1024, eff. 7/1/2019. Acts 1891, No. 46, §§ 1-4, p. 76; C. & M. Dig., §§ 4513-4516; Pope's Dig., §§ 5570-5573; A.S.A. 1947, §§ 12-620 -- 12-623.

(a) The Governor shall be authorized and required to appoint and commission expert accountants to examine and report to the Governor the state of the Treasurer of State's office. The Governor may order an examination at his or her discretion provided he or she orders at least one (1) each year.

(b) (1) At least one (1) appointment of an accountant shall be made each year, and the number of accountants shall not exceed two (2). (2) The duties of accountants shall be to examine carefully and fully the books of the Treasurer of State, to count the cash belonging to the state on hand, and to prepare a complete printed statement of their labor. Accountants shall attach to this statement the following oath subscribed and sworn to by them: "I do solemnly swear that I have made a complete examination of the books belonging to the office of the Treasurer of State for one (1) year last past, and counted the cash on hand, and the foregoing statement is true and correct, and I further swear that I did not directly nor indirectly inform anyone of my appointment nor of my intention to examine said books until I entered actively upon my duty." (3) (A) When the Governor appoints and commissions the accountants, he or she shall swear them not to divulge their appointments until they shall have entered upon the active duties of their office. (B) If the expert or accountant shall divulge, directly or indirectly, the fact that he or she has been appointed or commissioned to that office, or the time when the Governor has ordered the examination, he or she shall be deemed guilty of perjury and punished as in other cases. (4) The Governor is authorized to pay the accountants out of the contingent fund a sum of money not exceeding two hundred dollars ($200) for each examination made.

(1) At least one (1) appointment of an accountant shall be made each year, and the number of accountants shall not exceed two (2).

(2) The duties of accountants shall be to examine carefully and fully the books of the Treasurer of State, to count the cash belonging to the state on hand, and to prepare a complete printed statement of their labor. Accountants shall attach to this statement the following oath subscribed and sworn to by them: "I do solemnly swear that I have made a complete examination of the books belonging to the office of the Treasurer of State for one (1) year last past, and counted the cash on hand, and the foregoing statement is true and correct, and I further swear that I did not directly nor indirectly inform anyone of my appointment nor of my intention to examine said books until I entered actively upon my duty."

"I do solemnly swear that I have made a complete examination of the books belonging to the office of the Treasurer of State for one (1) year last past, and counted the cash on hand, and the foregoing statement is true and correct, and I further swear that I did not directly nor indirectly inform anyone of my appointment nor of my intention to examine said books until I entered actively upon my duty."

(3) (A) When the Governor appoints and commissions the accountants, he or she shall swear them not to divulge their appointments until they shall have entered upon the active duties of their office. (B) If the expert or accountant shall divulge, directly or indirectly, the fact that he or she has been appointed or commissioned to that office, or the time when the Governor has ordered the examination, he or she shall be deemed guilty of perjury and punished as in other cases.

(A) When the Governor appoints and commissions the accountants, he or she shall swear them not to divulge their appointments until they shall have entered upon the active duties of their office.

(B) If the expert or accountant shall divulge, directly or indirectly, the fact that he or she has been appointed or commissioned to that office, or the time when the Governor has ordered the examination, he or she shall be deemed guilty of perjury and punished as in other cases.

(4) The Governor is authorized to pay the accountants out of the contingent fund a sum of money not exceeding two hundred dollars ($200) for each examination made.

(c) Upon the presentation of the accountant duly commissioned, the Treasurer of State shall give the accountant free access to his or her books and permit him or her to count the cash on hand.

(d) On the refusal of the Treasurer of State to comply with the provisions of this section, his or her office shall be declared vacant and the offense deemed a felony, and on conviction thereof he or she shall be sentenced to the Division of Correction for a term not exceeding five (5) years.

Amended by Act 2019, No. 910,§ 1024, eff. 7/1/2019.

Acts 1891, No. 46, §§ 1-4, p. 76; C. & M. Dig., §§ 4513-4516; Pope's Dig., §§ 5570-5573; A.S.A. 1947, §§ 12-620 -- 12-623.
Ark. Code Ann. § 25-28-107 — AR Code / Title 25 / Chapter 28 / Section 25-28-107
Requirements of Director of the Assessment Coordination Division
Status: in_force

The Director of the Assessment Coordination Division shall meet the qualifications required for certification or licensure as a Level 4 Appraiser in Arkansas, provided that the formal course work was or is satisfactorily completed in another state. At the time of appointing the director, the Governor shall include in the appointment document a statement that the appointee meets the qualifications prescribed by law. Amended by Act 2019, No. 910,§ 3578, eff. 7/1/2019. Acts 1999, No. 1377, § 6.

The Director of the Assessment Coordination Division shall meet the qualifications required for certification or licensure as a Level 4 Appraiser in Arkansas, provided that the formal course work was or is satisfactorily completed in another state. At the time of appointing the director, the Governor shall include in the appointment document a statement that the appointee meets the qualifications prescribed by law.

Amended by Act 2019, No. 910,§ 3578, eff. 7/1/2019.

Acts 1999, No. 1377, § 6.
Ark. Code Ann. § 25-10-128 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-128
[Repealed]
Status: repealed

Repealed by Act 2017, No. 913,§ 6, eff. 8/1/2017. Repealed by Act 2015, No. 111,§ 1, eff. 7/22/2015. Acts 1993, No. 403, § 19; 1997, No. 1259, § 1; 2011, No. 42, § 1.

Repealed by Act 2017, No. 913,§ 6, eff. 8/1/2017.

Repealed by Act 2015, No. 111,§ 1, eff. 7/22/2015.

Acts 1993, No. 403, § 19; 1997, No. 1259, § 1; 2011, No. 42, § 1.
Ark. Code Ann. § 25-16-1005 — AR Code / Title 25 / Chapter 16 / Subchapter 10 / Section 25-16-1005
Civil penalties
Status: in_force

(a) A public official who knowingly violates § 25-16-1002(a) shall be subject to a civil penalty of one thousand dollars ($1,000). (b) (1) The Attorney General may file suit in Pulaski County Circuit Court to collect the penalty. (2) Penalties collected under this section shall be deposited to the General Revenue Fund Account of the State Apportionment Fund. Acts 2005, No. 2262, § 1.

(a) A public official who knowingly violates § 25-16-1002(a) shall be subject to a civil penalty of one thousand dollars ($1,000).

(b) (1) The Attorney General may file suit in Pulaski County Circuit Court to collect the penalty. (2) Penalties collected under this section shall be deposited to the General Revenue Fund Account of the State Apportionment Fund.

(1) The Attorney General may file suit in Pulaski County Circuit Court to collect the penalty.

(2) Penalties collected under this section shall be deposited to the General Revenue Fund Account of the State Apportionment Fund.

Acts 2005, No. 2262, § 1.
Ark. Code Ann. § 25-15-217 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-217
Alternative sanctions
Status: in_force

(a) (1) Each agency which may suspend, revoke, or deny a license for acts or omissions or other conduct as provided by law may impose alternative sanctions set forth in subsection (b) of this section. (2) The penalties set forth in subsection (b) of this section shall be supplemental to any agency's authority to impose penalties upon any person or entity under the agency's jurisdiction. (b) Each agency may impose on any person or entity under the agency's jurisdiction: (1) A monetary penalty not to exceed five hundred dollars ($500) for each violation; (2) A requirement that the person complete appropriate education programs or courses, or both; (3) A requirement that the person or entity successfully complete: (A) A licensing examination; (B) A credentialing examination; or (C) Any other examination required in order to obtain a permit, license, registration, or credential; (4) Conditions or restrictions upon regulated activities of the holder of a license, permit, certificate, credential, registration, or other authority; and (5) Other requirements or penalties as may be appropriate under the circumstances of the case and which would achieve the agency's desired disciplinary purposes, but which would not impair the public health and welfare. (c) The agency may file suit to collect any monetary penalty assessed pursuant to this subchapter, if the penalty is not paid within the time prescribed by the agency, in either Pulaski County Circuit Court or the circuit court of any county in which the person or entity under the agency's jurisdiction: (1) Resides; or (2) Does business. (d) Upon imposition of a sanction against a person or entity under the agency's jurisdiction, the agency may order that the license, permit, certification, credential, or registration be suspended until the person or entity has complied in full with all applicable sanctions imposed pursuant to this section. (e) (1) Each violation shall constitute a separate violation. (2) The power and authority of the agency to impose a sanction authorized in this section shall not be affected by any other civil or criminal proceeding concerning the same violation. Acts 2001, No. 1648, § 8.

(a) (1) Each agency which may suspend, revoke, or deny a license for acts or omissions or other conduct as provided by law may impose alternative sanctions set forth in subsection (b) of this section. (2) The penalties set forth in subsection (b) of this section shall be supplemental to any agency's authority to impose penalties upon any person or entity under the agency's jurisdiction.

(1) Each agency which may suspend, revoke, or deny a license for acts or omissions or other conduct as provided by law may impose alternative sanctions set forth in subsection (b) of this section.

(2) The penalties set forth in subsection (b) of this section shall be supplemental to any agency's authority to impose penalties upon any person or entity under the agency's jurisdiction.

(b) Each agency may impose on any person or entity under the agency's jurisdiction: (1) A monetary penalty not to exceed five hundred dollars ($500) for each violation; (2) A requirement that the person complete appropriate education programs or courses, or both; (3) A requirement that the person or entity successfully complete: (A) A licensing examination; (B) A credentialing examination; or (C) Any other examination required in order to obtain a permit, license, registration, or credential; (4) Conditions or restrictions upon regulated activities of the holder of a license, permit, certificate, credential, registration, or other authority; and (5) Other requirements or penalties as may be appropriate under the circumstances of the case and which would achieve the agency's desired disciplinary purposes, but which would not impair the public health and welfare.

(1) A monetary penalty not to exceed five hundred dollars ($500) for each violation;

(2) A requirement that the person complete appropriate education programs or courses, or both;

(3) A requirement that the person or entity successfully complete: (A) A licensing examination; (B) A credentialing examination; or (C) Any other examination required in order to obtain a permit, license, registration, or credential;

(A) A licensing examination;

(B) A credentialing examination; or

(C) Any other examination required in order to obtain a permit, license, registration, or credential;

(4) Conditions or restrictions upon regulated activities of the holder of a license, permit, certificate, credential, registration, or other authority; and

(5) Other requirements or penalties as may be appropriate under the circumstances of the case and which would achieve the agency's desired disciplinary purposes, but which would not impair the public health and welfare.

(c) The agency may file suit to collect any monetary penalty assessed pursuant to this subchapter, if the penalty is not paid within the time prescribed by the agency, in either Pulaski County Circuit Court or the circuit court of any county in which the person or entity under the agency's jurisdiction: (1) Resides; or (2) Does business.

(1) Resides; or

(2) Does business.

(d) Upon imposition of a sanction against a person or entity under the agency's jurisdiction, the agency may order that the license, permit, certification, credential, or registration be suspended until the person or entity has complied in full with all applicable sanctions imposed pursuant to this section.

(e) (1) Each violation shall constitute a separate violation. (2) The power and authority of the agency to impose a sanction authorized in this section shall not be affected by any other civil or criminal proceeding concerning the same violation.

(1) Each violation shall constitute a separate violation.

(2) The power and authority of the agency to impose a sanction authorized in this section shall not be affected by any other civil or criminal proceeding concerning the same violation.

Acts 2001, No. 1648, § 8.
Ark. Code Ann. § 25-15-215 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-215
Model rules
Status: in_force

(a) (1) The Attorney General shall publish model rules of procedure for use by agencies. (2) The model rules shall include general functions and duties commonly performed by agencies. (b) (1) Each agency created after August 13, 2001, shall adopt, in accordance with the provisions of this subchapter, those model rules that are practicable. (2) Any agency that adopts a rule of procedure that differs from the model rule, in conjunction with adopting the rule of procedure, shall state the reason why the relevant portions of the model rules are impracticable. Acts 2001, No. 1648, § 8.

(a) (1) The Attorney General shall publish model rules of procedure for use by agencies. (2) The model rules shall include general functions and duties commonly performed by agencies.

(1) The Attorney General shall publish model rules of procedure for use by agencies.

(2) The model rules shall include general functions and duties commonly performed by agencies.

(b) (1) Each agency created after August 13, 2001, shall adopt, in accordance with the provisions of this subchapter, those model rules that are practicable. (2) Any agency that adopts a rule of procedure that differs from the model rule, in conjunction with adopting the rule of procedure, shall state the reason why the relevant portions of the model rules are impracticable.

(1) Each agency created after August 13, 2001, shall adopt, in accordance with the provisions of this subchapter, those model rules that are practicable.

(2) Any agency that adopts a rule of procedure that differs from the model rule, in conjunction with adopting the rule of procedure, shall state the reason why the relevant portions of the model rules are impracticable.

Acts 2001, No. 1648, § 8.
Ark. Code Ann. § 25-34-110 — AR Code / Title 25 / Chapter 34 / Section 25-34-110
Computer and electronic equipment recycling grants
Status: in_force

(a) Electronic equipment recycling grants must be awarded on the basis of written grant-request proposals submitted to and approved by the Division of Environmental Quality. (b) Grant requests shall be considered based upon the following criteria: (1) The development of sustained processes for recovery, recycling, and demanufacturing of scrap computers and electronics; (2) Minimization and elimination of substantial volumes of this material as waste; (3) Creation of Arkansas jobs; (4) Return of investment analysis; and (5) Available funds. Amended by Act 2019, No. 910,§ 3252, eff. 7/1/2019. Acts 2001, No. 1410, § 10.

(a) Electronic equipment recycling grants must be awarded on the basis of written grant-request proposals submitted to and approved by the Division of Environmental Quality.

(b) Grant requests shall be considered based upon the following criteria: (1) The development of sustained processes for recovery, recycling, and demanufacturing of scrap computers and electronics; (2) Minimization and elimination of substantial volumes of this material as waste; (3) Creation of Arkansas jobs; (4) Return of investment analysis; and (5) Available funds.

(1) The development of sustained processes for recovery, recycling, and demanufacturing of scrap computers and electronics;

(2) Minimization and elimination of substantial volumes of this material as waste;

(3) Creation of Arkansas jobs;

(4) Return of investment analysis; and

(5) Available funds.

Amended by Act 2019, No. 910,§ 3252, eff. 7/1/2019.

Acts 2001, No. 1410, § 10.
Ark. Code Ann. § 25-43-1404 — AR Code / Title 25 / Chapter 43 / Subchapter 14 / Section 25-43-1404
Division of Law Enforcement Standards and Training
Status: in_force

There is created within the Department of Public Safety the Division of Law Enforcement Standards and Training. Added by Act 2019, No. 910,§ 5733, eff. 7/1/2019.

There is created within the Department of Public Safety the Division of Law Enforcement Standards and Training.

Added by Act 2019, No. 910,§ 5733, eff. 7/1/2019.
Ark. Code Ann. § 25-15-602 — AR Code / Title 25 / Chapter 15 / Subchapter 6 / Section 25-15-602
Rules - Additional rule procedure
Status: in_force

(a) (1) In addition to complying with the requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309 , a licensing entity shall, at least thirty (30) days before the expiration of the period for public comment, file a rule regarding scope of practice with the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor. (2) The Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor shall review a rule regarding scope of practice within forty-five (45) days of the date the rule regarding scope of practice is filed with the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor. (b) (1) If adopting an emergency rule regarding scope of practice under § 10-3-309 , the licensing entity shall notify the following individuals of the emergency rule regarding scope of practice and provide each individual with a copy of the emergency rule regarding scope of practice within five (5) business days of adopting the emergency rule regarding scope of practice: (A) The Speaker of the House of Representatives; (B) The President Pro Tempore of the Senate; (C) The Chair of the Senate Committee on Public Health, Welfare, and Labor; and (D) The Chair of the House Committee on Public Health, Welfare, and Labor. (2) The Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor shall review the emergency rule regarding scope of practice within forty-five (45) days of the date that the emergency rule regarding scope of practice is provided to the Chair of the Senate Committee on Public Health, Welfare, and Labor and the Chair of the House Committee on Public Health, Welfare, and Labor. Added by Act 2021, No. 960,§ 1, eff. 7/28/2021.

(a) (1) In addition to complying with the requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309 , a licensing entity shall, at least thirty (30) days before the expiration of the period for public comment, file a rule regarding scope of practice with the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor. (2) The Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor shall review a rule regarding scope of practice within forty-five (45) days of the date the rule regarding scope of practice is filed with the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor.

(1) In addition to complying with the requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309 , a licensing entity shall, at least thirty (30) days before the expiration of the period for public comment, file a rule regarding scope of practice with the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor.

(2) The Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor shall review a rule regarding scope of practice within forty-five (45) days of the date the rule regarding scope of practice is filed with the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor.

(b) (1) If adopting an emergency rule regarding scope of practice under § 10-3-309 , the licensing entity shall notify the following individuals of the emergency rule regarding scope of practice and provide each individual with a copy of the emergency rule regarding scope of practice within five (5) business days of adopting the emergency rule regarding scope of practice: (A) The Speaker of the House of Representatives; (B) The President Pro Tempore of the Senate; (C) The Chair of the Senate Committee on Public Health, Welfare, and Labor; and (D) The Chair of the House Committee on Public Health, Welfare, and Labor. (2) The Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor shall review the emergency rule regarding scope of practice within forty-five (45) days of the date that the emergency rule regarding scope of practice is provided to the Chair of the Senate Committee on Public Health, Welfare, and Labor and the Chair of the House Committee on Public Health, Welfare, and Labor.

(1) If adopting an emergency rule regarding scope of practice under § 10-3-309 , the licensing entity shall notify the following individuals of the emergency rule regarding scope of practice and provide each individual with a copy of the emergency rule regarding scope of practice within five (5) business days of adopting the emergency rule regarding scope of practice: (A) The Speaker of the House of Representatives; (B) The President Pro Tempore of the Senate; (C) The Chair of the Senate Committee on Public Health, Welfare, and Labor; and (D) The Chair of the House Committee on Public Health, Welfare, and Labor.

(A) The Speaker of the House of Representatives;

(B) The President Pro Tempore of the Senate;

(C) The Chair of the Senate Committee on Public Health, Welfare, and Labor; and

(D) The Chair of the House Committee on Public Health, Welfare, and Labor.

(2) The Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor shall review the emergency rule regarding scope of practice within forty-five (45) days of the date that the emergency rule regarding scope of practice is provided to the Chair of the Senate Committee on Public Health, Welfare, and Labor and the Chair of the House Committee on Public Health, Welfare, and Labor.

Added by Act 2021, No. 960,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 25-43-106 — AR Code / Title 25 / Chapter 43 / Subchapter 1 / Section 25-43-106
Cabinet-level departments - Powers and duties
Status: in_force

(a) A cabinet-level department shall: (1) Execute the powers and duties prescribed by law; (2) Administer each state entity subject to a cabinet-level department transfer under this chapter; (3) Make contracts, grants, and employ, to the extent funds are available, such employees as are necessary to carry out the purposes of the cabinet-level department and each state entity administered by the cabinet-level department; and (4) Perform all administrative functions of a state entity subject to a cabinet-level department transfer under this chapter, unless otherwise provided by law. (b) A cabinet-level department may: (1) Assist other state entities and federal departments, agencies, boards, commissions, and institutions, by performing services in conformity with the purposes of the cabinet-level department; (2) Maintain and administer real property on behalf of a state entity subject to a cabinet-level department transfer under this chapter, unless otherwise provided by law; (3) Maintain and administer all other property on behalf of a state entity subject to a cabinet-level department transfer under this chapter, unless otherwise provided by law; (4) Provide administrative support, employment needs, and staff to carry out the orders, rules, regulations, directives, or standards promulgated or issued by each state entity over which the cabinet-level department has administrative control; and (5) Share business and administrative services across each cabinet-level department as determined necessary by the secretary of the cabinet-level department. Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.

(a) A cabinet-level department shall: (1) Execute the powers and duties prescribed by law; (2) Administer each state entity subject to a cabinet-level department transfer under this chapter; (3) Make contracts, grants, and employ, to the extent funds are available, such employees as are necessary to carry out the purposes of the cabinet-level department and each state entity administered by the cabinet-level department; and (4) Perform all administrative functions of a state entity subject to a cabinet-level department transfer under this chapter, unless otherwise provided by law.

(1) Execute the powers and duties prescribed by law;

(2) Administer each state entity subject to a cabinet-level department transfer under this chapter;

(3) Make contracts, grants, and employ, to the extent funds are available, such employees as are necessary to carry out the purposes of the cabinet-level department and each state entity administered by the cabinet-level department; and

(4) Perform all administrative functions of a state entity subject to a cabinet-level department transfer under this chapter, unless otherwise provided by law.

(b) A cabinet-level department may: (1) Assist other state entities and federal departments, agencies, boards, commissions, and institutions, by performing services in conformity with the purposes of the cabinet-level department; (2) Maintain and administer real property on behalf of a state entity subject to a cabinet-level department transfer under this chapter, unless otherwise provided by law; (3) Maintain and administer all other property on behalf of a state entity subject to a cabinet-level department transfer under this chapter, unless otherwise provided by law; (4) Provide administrative support, employment needs, and staff to carry out the orders, rules, regulations, directives, or standards promulgated or issued by each state entity over which the cabinet-level department has administrative control; and (5) Share business and administrative services across each cabinet-level department as determined necessary by the secretary of the cabinet-level department.

(1) Assist other state entities and federal departments, agencies, boards, commissions, and institutions, by performing services in conformity with the purposes of the cabinet-level department;

(2) Maintain and administer real property on behalf of a state entity subject to a cabinet-level department transfer under this chapter, unless otherwise provided by law;

(3) Maintain and administer all other property on behalf of a state entity subject to a cabinet-level department transfer under this chapter, unless otherwise provided by law;

(4) Provide administrative support, employment needs, and staff to carry out the orders, rules, regulations, directives, or standards promulgated or issued by each state entity over which the cabinet-level department has administrative control; and

(5) Share business and administrative services across each cabinet-level department as determined necessary by the secretary of the cabinet-level department.

Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.
Ark. Code Ann. § 25-10-116 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-116
Advisory committees generally
Status: in_force

(a) From time to time, the Secretary of the Department of Human Services or the Governor may establish various advisory committees to assist the secretary and the various divisions, offices, sections, or units within Department of Human Services in reviewing and offering advice on any of the programs, services, and duties of the department that the secretary or the Governor may deem appropriate for the proper and efficient operation of the department and its respective programs, services, and duties. (b) The advisory committees shall exist for the duration determined by the secretary or the Governor. (c) The members of the advisory committees shall be reimbursed for actual and necessary meals, lodging, and mileage for travel in accordance with the procedures and standards provided by law or rule for official travel by state employees in the performance of their duties. Payment shall be made from funds appropriated to the department. Amended by Act 2019, No. 315,§ 2916, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5250, eff. 7/1/2019. Acts 1985, No. 348, § 1; A.S.A. 1947, § 5-912b.

(a) From time to time, the Secretary of the Department of Human Services or the Governor may establish various advisory committees to assist the secretary and the various divisions, offices, sections, or units within Department of Human Services in reviewing and offering advice on any of the programs, services, and duties of the department that the secretary or the Governor may deem appropriate for the proper and efficient operation of the department and its respective programs, services, and duties.

(b) The advisory committees shall exist for the duration determined by the secretary or the Governor.

(c) The members of the advisory committees shall be reimbursed for actual and necessary meals, lodging, and mileage for travel in accordance with the procedures and standards provided by law or rule for official travel by state employees in the performance of their duties. Payment shall be made from funds appropriated to the department.

Amended by Act 2019, No. 315,§ 2916, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5250, eff. 7/1/2019.

Acts 1985, No. 348, § 1; A.S.A. 1947, § 5-912b.
Ark. Code Ann. § 25-19-102 — AR Code / Title 25 / Chapter 19 / Section 25-19-102
Legislative intent
Status: in_force

It is vital in a democratic society that public business be performed in an open and public manner so that the electors shall be advised of the performance of public officials and of the decisions that are reached in public activity and in making public policy. Toward this end, this chapter is adopted, making it possible for them or their representatives to learn and to report fully the activities of their public officials. Acts 1967, No. 93, § 2; A.S.A. 1947, § 12-2802.

It is vital in a democratic society that public business be performed in an open and public manner so that the electors shall be advised of the performance of public officials and of the decisions that are reached in public activity and in making public policy. Toward this end, this chapter is adopted, making it possible for them or their representatives to learn and to report fully the activities of their public officials.

Acts 1967, No. 93, § 2; A.S.A. 1947, § 12-2802.
Ark. Code Ann. § 25-29-102 — AR Code / Title 25 / Chapter 29 / Section 25-29-102
Board of directors - Attendance at meetings required
Status: in_force

(a) In order to ensure broad representation and a quorum, all members of the Board of Directors of the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation have a responsibility to attend all regular or special meetings of the board. (b) A board member shall be subject to removal from the board in the event the member shall fail to present to the Governor a satisfactory excuse for his or her absence. Unexcused absences from three (3) successive regular meetings without attending any intermediary called special meetings shall constitute sufficient cause for removal. (c) Removal of board members shall be in accordance with the following: (1) (A) Within thirty (30) days after each regular board meeting, the secretary of the board shall give written notice to the Governor of any member who has been absent from three (3) successive regular meetings without attending any intermediary called special meetings. (B) The secretary's notice to the Governor shall include a copy of all meeting notices and attendance records for the past year. (C) Failure by the secretary to submit the notices and documentation required by this chapter shall be considered cause for removal by the Governor in accordance with the procedures set forth at § 25-17-210 ; (2) Within sixty (60) days after receiving the notice and supporting documentation from the secretary, the Governor shall notify, in writing, the board member of his or her intent to remove the member for cause. This notice shall suffice for the notice required in § 25-17-210(a) ; (3) Within twenty (20) days after the date of the Governor's notice, the board member may request an excused absence as provided by this chapter or may file with the Governor's office notice that the member disputes the attendance records and the reasons therefor; (4) The Governor shall grant an excuse for illness of the member when verified by a written sworn statement by the attending physician or other proper excuse as determined by the Governor; and (5) If no rebuttal is received or other adequate documentation submitted within twenty (20) days after the date of the Governor's notice, the board member may be removed in accordance with the provisions set forth in § 25-17-210 . (d) Any board member referred to the Governor because of excessive absences under the provisions of this chapter shall not be entitled to any expense reimbursement for travel to or attendance at any subsequent meeting until the board receives notification from the Governor that the member has been excused for the absences. Amended by Act 2021, No. 84,§ 17, eff. 7/28/2021. Acts 1997, No. 1080, § 2.

(a) In order to ensure broad representation and a quorum, all members of the Board of Directors of the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation have a responsibility to attend all regular or special meetings of the board.

(b) A board member shall be subject to removal from the board in the event the member shall fail to present to the Governor a satisfactory excuse for his or her absence. Unexcused absences from three (3) successive regular meetings without attending any intermediary called special meetings shall constitute sufficient cause for removal.

(c) Removal of board members shall be in accordance with the following: (1) (A) Within thirty (30) days after each regular board meeting, the secretary of the board shall give written notice to the Governor of any member who has been absent from three (3) successive regular meetings without attending any intermediary called special meetings. (B) The secretary's notice to the Governor shall include a copy of all meeting notices and attendance records for the past year. (C) Failure by the secretary to submit the notices and documentation required by this chapter shall be considered cause for removal by the Governor in accordance with the procedures set forth at § 25-17-210 ; (2) Within sixty (60) days after receiving the notice and supporting documentation from the secretary, the Governor shall notify, in writing, the board member of his or her intent to remove the member for cause. This notice shall suffice for the notice required in § 25-17-210(a) ; (3) Within twenty (20) days after the date of the Governor's notice, the board member may request an excused absence as provided by this chapter or may file with the Governor's office notice that the member disputes the attendance records and the reasons therefor; (4) The Governor shall grant an excuse for illness of the member when verified by a written sworn statement by the attending physician or other proper excuse as determined by the Governor; and (5) If no rebuttal is received or other adequate documentation submitted within twenty (20) days after the date of the Governor's notice, the board member may be removed in accordance with the provisions set forth in § 25-17-210 .

(1) (A) Within thirty (30) days after each regular board meeting, the secretary of the board shall give written notice to the Governor of any member who has been absent from three (3) successive regular meetings without attending any intermediary called special meetings. (B) The secretary's notice to the Governor shall include a copy of all meeting notices and attendance records for the past year. (C) Failure by the secretary to submit the notices and documentation required by this chapter shall be considered cause for removal by the Governor in accordance with the procedures set forth at § 25-17-210 ;

(A) Within thirty (30) days after each regular board meeting, the secretary of the board shall give written notice to the Governor of any member who has been absent from three (3) successive regular meetings without attending any intermediary called special meetings.

(B) The secretary's notice to the Governor shall include a copy of all meeting notices and attendance records for the past year.

(C) Failure by the secretary to submit the notices and documentation required by this chapter shall be considered cause for removal by the Governor in accordance with the procedures set forth at § 25-17-210 ;

(2) Within sixty (60) days after receiving the notice and supporting documentation from the secretary, the Governor shall notify, in writing, the board member of his or her intent to remove the member for cause. This notice shall suffice for the notice required in § 25-17-210(a) ;

(3) Within twenty (20) days after the date of the Governor's notice, the board member may request an excused absence as provided by this chapter or may file with the Governor's office notice that the member disputes the attendance records and the reasons therefor;

(4) The Governor shall grant an excuse for illness of the member when verified by a written sworn statement by the attending physician or other proper excuse as determined by the Governor; and

(5) If no rebuttal is received or other adequate documentation submitted within twenty (20) days after the date of the Governor's notice, the board member may be removed in accordance with the provisions set forth in § 25-17-210 .

(d) Any board member referred to the Governor because of excessive absences under the provisions of this chapter shall not be entitled to any expense reimbursement for travel to or attendance at any subsequent meeting until the board receives notification from the Governor that the member has been excused for the absences.

Amended by Act 2021, No. 84,§ 17, eff. 7/28/2021.

Acts 1997, No. 1080, § 2.
Ark. Code Ann. § 25-2-108 — AR Code / Title 25 / Chapter 2 / Section 25-2-108
Reports, certifications, etc., to transferred agency
Status: repealed

Unless specifically provided otherwise in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications, or requests are required or permitted to be made to a department, institution, division, bureau, board, commission, council, or other agency whose powers and duties are herein assigned or transferred by a type 2, 3, or 4 transfer, then those reports and certifications shall thereafter be filed with, and the applications or requests shall thereafter be made to, the principal department or agency to which assignment or transfer has been made. Acts 1971, No. 38, § 19; A.S.A. 1947, § 5-920.

Unless specifically provided otherwise in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications, or requests are required or permitted to be made to a department, institution, division, bureau, board, commission, council, or other agency whose powers and duties are herein assigned or transferred by a type 2, 3, or 4 transfer, then those reports and certifications shall thereafter be filed with, and the applications or requests shall thereafter be made to, the principal department or agency to which assignment or transfer has been made.

Acts 1971, No. 38, § 19; A.S.A. 1947, § 5-920.
Ark. Code Ann. § 25-43-605 — AR Code / Title 25 / Chapter 43 / Subchapter 6 / Section 25-43-605
Director of the Division of Environmental Quality
Status: in_force

(a) (1) The executive head of the Division of Environmental Quality shall be the Director of the Division of Environmental Quality. (2) The director shall be appointed by the Governor with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. (3) The director shall report to the Secretary of the Department of Energy and Environment. (b) The director, with the advice and consent of the secretary, may organize the Division of Environmental Quality into divisions, offices, or units which may be necessary to effectively and efficiently administer the statutory responsibilities of the Division of Environmental Quality. (c) The director, with the advice and consent of the secretary, shall appoint the heads of the respective divisions, offices, or units of the Division of Environmental Quality. (d) Each division, office, or unit of the Division of Environmental Quality shall be under the direction, control, and supervision of the director. The director may delegate his or her functions, powers, and duties to various divisions, offices, or units of the Division of Environmental Quality as he or she shall deem desirable and necessary for the effective and efficient operation of the Division of Environmental Quality. (e) (1) The director shall be the executive officer and active administrator of all pollution control activities. (2) All of the powers of the Arkansas Pollution Control and Ecology Commission under § 8-4-201(b)(5) and §§ 8-4-203 and 8-4-204 relating to plans and specifications for disposal systems and permits for the discharge of sewage, industrial wastes, or other wastes into the waters of the state are vested in the director. Added by Act 2019, No. 910,§ 2411, eff. 7/1/2019.

(a) (1) The executive head of the Division of Environmental Quality shall be the Director of the Division of Environmental Quality. (2) The director shall be appointed by the Governor with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. (3) The director shall report to the Secretary of the Department of Energy and Environment.

(1) The executive head of the Division of Environmental Quality shall be the Director of the Division of Environmental Quality.

(2) The director shall be appointed by the Governor with the advice and consent of the Senate, and shall serve at the pleasure of the Governor.

(3) The director shall report to the Secretary of the Department of Energy and Environment.

(b) The director, with the advice and consent of the secretary, may organize the Division of Environmental Quality into divisions, offices, or units which may be necessary to effectively and efficiently administer the statutory responsibilities of the Division of Environmental Quality.

(c) The director, with the advice and consent of the secretary, shall appoint the heads of the respective divisions, offices, or units of the Division of Environmental Quality.

(d) Each division, office, or unit of the Division of Environmental Quality shall be under the direction, control, and supervision of the director. The director may delegate his or her functions, powers, and duties to various divisions, offices, or units of the Division of Environmental Quality as he or she shall deem desirable and necessary for the effective and efficient operation of the Division of Environmental Quality.

(e) (1) The director shall be the executive officer and active administrator of all pollution control activities. (2) All of the powers of the Arkansas Pollution Control and Ecology Commission under § 8-4-201(b)(5) and §§ 8-4-203 and 8-4-204 relating to plans and specifications for disposal systems and permits for the discharge of sewage, industrial wastes, or other wastes into the waters of the state are vested in the director.

(1) The director shall be the executive officer and active administrator of all pollution control activities.

(2) All of the powers of the Arkansas Pollution Control and Ecology Commission under § 8-4-201(b)(5) and §§ 8-4-203 and 8-4-204 relating to plans and specifications for disposal systems and permits for the discharge of sewage, industrial wastes, or other wastes into the waters of the state are vested in the director.

Added by Act 2019, No. 910,§ 2411, eff. 7/1/2019.
Ark. Code Ann. § 25-29-106 — AR Code / Title 25 / Chapter 29 / Section 25-29-106
Corporate offices
Status: in_force

The Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation may maintain an office at such location as it deems suitable. Amended by Act 2021, No. 84,§ 21, eff. 7/28/2021. Acts 1997, No. 1080, § 6.

The Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation may maintain an office at such location as it deems suitable.

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

Acts 1997, No. 1080, § 6.
Ark. Code Ann. § 25-43-1001 — AR Code / Title 25 / Chapter 43 / Subchapter 10 / Section 25-43-1001
Department of Inspector General
Status: in_force

There is created the Department of Inspector General as a cabinet-level department. Added by Act 2019, No. 910,§ 5257, eff. 7/1/2019.

There is created the Department of Inspector General as a cabinet-level department.

Added by Act 2019, No. 910,§ 5257, eff. 7/1/2019.
Ark. Code Ann. § 25-15-220 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-220
Rulemaking power to be narrowly interpreted - Definitions
Status: in_force

(a) As used in this section: (1) "Rule" means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency; and (2) (A) "State agency" means an office, board, commission, department, council, bureau, governmental entity, or other agency of state government having authority to promulgate or enforce rules. (B) "State agency" includes without limitation the: (i) Arkansas State Game and Fish Commission, if the rule is promulgated under authority of a statute enacted by the General Assembly; and (ii) State Highway Commission and the Arkansas Department of Transportation, if the rule is promulgated under authority of a statute enacted by the General Assembly. (C) This section applies to one (1) or more of the following if the Legislative Council adopts rules under § 10-3-309(h)(2) including the respective entity in the definition of "state agency" under § 10-3-309(b)(2)(A) : (i) Each rule of the Arkansas State Game and Fish Commission; (ii) Each rule of the State Highway Commission and the Arkansas Department of Transportation; and (iii) An institution of higher education. (b) (1) The authority of a state agency to promulgate a rule when so empowered by an act of the General Assembly shall be narrowly interpreted by the state agency. (2) As part of the narrow interpretation of its rulemaking authority under subdivision (b)(1) of this section, a state agency shall without limitation: (A) Limit its rulemaking to only those areas or subject matters that are absolutely necessary to fulfill its statutory duty or obligations; and (B) Not promulgate a rule that is inconsistent with the legislative intent of an act empowering a state agency to promulgate a rule. (c) A proposed rule that is promulgated based upon a broad interpretation of a state agency's rulemaking power rather than a narrow interpretation of that rulemaking power may be deemed as inconsistent with state law for the purposes § 10-3-309(f)(1) . Added by Act 2019, No. 517,§ 4, eff. 7/24/2019.

(a) As used in this section: (1) "Rule" means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency; and (2) (A) "State agency" means an office, board, commission, department, council, bureau, governmental entity, or other agency of state government having authority to promulgate or enforce rules. (B) "State agency" includes without limitation the: (i) Arkansas State Game and Fish Commission, if the rule is promulgated under authority of a statute enacted by the General Assembly; and (ii) State Highway Commission and the Arkansas Department of Transportation, if the rule is promulgated under authority of a statute enacted by the General Assembly. (C) This section applies to one (1) or more of the following if the Legislative Council adopts rules under § 10-3-309(h)(2) including the respective entity in the definition of "state agency" under § 10-3-309(b)(2)(A) : (i) Each rule of the Arkansas State Game and Fish Commission; (ii) Each rule of the State Highway Commission and the Arkansas Department of Transportation; and (iii) An institution of higher education.

(1) "Rule" means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency; and

(2) (A) "State agency" means an office, board, commission, department, council, bureau, governmental entity, or other agency of state government having authority to promulgate or enforce rules. (B) "State agency" includes without limitation the: (i) Arkansas State Game and Fish Commission, if the rule is promulgated under authority of a statute enacted by the General Assembly; and (ii) State Highway Commission and the Arkansas Department of Transportation, if the rule is promulgated under authority of a statute enacted by the General Assembly. (C) This section applies to one (1) or more of the following if the Legislative Council adopts rules under § 10-3-309(h)(2) including the respective entity in the definition of "state agency" under § 10-3-309(b)(2)(A) : (i) Each rule of the Arkansas State Game and Fish Commission; (ii) Each rule of the State Highway Commission and the Arkansas Department of Transportation; and (iii) An institution of higher education.

(A) "State agency" means an office, board, commission, department, council, bureau, governmental entity, or other agency of state government having authority to promulgate or enforce rules.

(B) "State agency" includes without limitation the: (i) Arkansas State Game and Fish Commission, if the rule is promulgated under authority of a statute enacted by the General Assembly; and (ii) State Highway Commission and the Arkansas Department of Transportation, if the rule is promulgated under authority of a statute enacted by the General Assembly.

(i) Arkansas State Game and Fish Commission, if the rule is promulgated under authority of a statute enacted by the General Assembly; and

(ii) State Highway Commission and the Arkansas Department of Transportation, if the rule is promulgated under authority of a statute enacted by the General Assembly.

(C) This section applies to one (1) or more of the following if the Legislative Council adopts rules under § 10-3-309(h)(2) including the respective entity in the definition of "state agency" under § 10-3-309(b)(2)(A) : (i) Each rule of the Arkansas State Game and Fish Commission; (ii) Each rule of the State Highway Commission and the Arkansas Department of Transportation; and (iii) An institution of higher education.

(i) Each rule of the Arkansas State Game and Fish Commission;

(ii) Each rule of the State Highway Commission and the Arkansas Department of Transportation; and

(iii) An institution of higher education.

(b) (1) The authority of a state agency to promulgate a rule when so empowered by an act of the General Assembly shall be narrowly interpreted by the state agency. (2) As part of the narrow interpretation of its rulemaking authority under subdivision (b)(1) of this section, a state agency shall without limitation: (A) Limit its rulemaking to only those areas or subject matters that are absolutely necessary to fulfill its statutory duty or obligations; and (B) Not promulgate a rule that is inconsistent with the legislative intent of an act empowering a state agency to promulgate a rule.

(1) The authority of a state agency to promulgate a rule when so empowered by an act of the General Assembly shall be narrowly interpreted by the state agency.

(2) As part of the narrow interpretation of its rulemaking authority under subdivision (b)(1) of this section, a state agency shall without limitation: (A) Limit its rulemaking to only those areas or subject matters that are absolutely necessary to fulfill its statutory duty or obligations; and (B) Not promulgate a rule that is inconsistent with the legislative intent of an act empowering a state agency to promulgate a rule.

(A) Limit its rulemaking to only those areas or subject matters that are absolutely necessary to fulfill its statutory duty or obligations; and

(B) Not promulgate a rule that is inconsistent with the legislative intent of an act empowering a state agency to promulgate a rule.

(c) A proposed rule that is promulgated based upon a broad interpretation of a state agency's rulemaking power rather than a narrow interpretation of that rulemaking power may be deemed as inconsistent with state law for the purposes § 10-3-309(f)(1) .

Added by Act 2019, No. 517,§ 4, eff. 7/24/2019.
Ark. Code Ann. § 25-43-703 — AR Code / Title 25 / Chapter 43 / Subchapter 7 / Section 25-43-703
Secretary of the Department of Finance and Administration
Status: in_force

(a) The executive head of the Department of Finance and Administration shall be the Secretary of the Department of Finance and Administration. (b) The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. (c) Each division of the department shall be under the direction, control, and supervision of the secretary. (d) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the department as he or she shall deem desirable and necessary for the effective and efficient operation of the department. (e) The secretary may, unless otherwise provided by law: (1) Hire department personnel; (2) Perform or assign duties assigned to the department; and (3) Serve as the director, or the administrative or executive head, of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position. (f) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection. Amended by Act 2021, No. 413,§ 6, eff. 7/28/2021. Added by Act 2019, No. 910,§ 3265, eff. 7/1/2019.

(a) The executive head of the Department of Finance and Administration shall be the Secretary of the Department of Finance and Administration.

(b) The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor.

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

(d) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the department as he or she shall deem desirable and necessary for the effective and efficient operation of the department.

(e) The secretary may, unless otherwise provided by law: (1) Hire department personnel; (2) Perform or assign duties assigned to the department; and (3) Serve as the director, or the administrative or executive head, of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position.

(1) Hire department personnel;

(2) Perform or assign duties assigned to the department; and

(3) Serve as the director, or the administrative or executive head, of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position.

(f) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection.

(1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department.

(2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection.

Amended by Act 2021, No. 413,§ 6, eff. 7/28/2021.

Added by Act 2019, No. 910,§ 3265, eff. 7/1/2019.
Ark. Code Ann. § 25-4-116 — AR Code / Title 25 / Chapter 4 / Section 25-4-116
Payment for information technology
Status: in_force

(a) Before a state agency may enter into an agreement with the Division of Information Systems for purchase of information technology, the agency shall certify that adequate appropriations and funds are available for purchasing information technology from the division. (b) (1) If the state agency's line item appropriation for purchase of information technology is inadequate and if there are contemplated savings in the funds appropriated for the requesting agency which could be utilized for purchase of information technology without jeopardizing other essential programs and services of the state agency, then the savings which may be required for the purchase of services may be transferred, upon written approval of the amount thereof by the Chief Fiscal Officer of the State, from any appropriation of the agency to the agency appropriation for the purchase of information technology on the books of the Auditor of State and the Chief Fiscal Officer of the State. (2) Provided, however, before approving any transfers of moneys appropriated for a state agency to the line-item appropriation for purchase of information technology of that state agency, the Chief Fiscal Officer of the State shall obtain the advice of the Legislative Council with respect thereto. (3) The transfers authorized in this chapter shall be made from time to time within the amounts authorized in the procedures set forth in this chapter, upon payment for information technology purchased from the division. Amended by Act 2019, No. 910,§ 6282, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6281, eff. 7/1/2019. Acts 1977, No. 884, § 12; 1979, No. 796, § 4; A.S.A. 1947, § 5-1412; Acts 1997, No. 914, § 16.

(a) Before a state agency may enter into an agreement with the Division of Information Systems for purchase of information technology, the agency shall certify that adequate appropriations and funds are available for purchasing information technology from the division.

(b) (1) If the state agency's line item appropriation for purchase of information technology is inadequate and if there are contemplated savings in the funds appropriated for the requesting agency which could be utilized for purchase of information technology without jeopardizing other essential programs and services of the state agency, then the savings which may be required for the purchase of services may be transferred, upon written approval of the amount thereof by the Chief Fiscal Officer of the State, from any appropriation of the agency to the agency appropriation for the purchase of information technology on the books of the Auditor of State and the Chief Fiscal Officer of the State. (2) Provided, however, before approving any transfers of moneys appropriated for a state agency to the line-item appropriation for purchase of information technology of that state agency, the Chief Fiscal Officer of the State shall obtain the advice of the Legislative Council with respect thereto. (3) The transfers authorized in this chapter shall be made from time to time within the amounts authorized in the procedures set forth in this chapter, upon payment for information technology purchased from the division.

(1) If the state agency's line item appropriation for purchase of information technology is inadequate and if there are contemplated savings in the funds appropriated for the requesting agency which could be utilized for purchase of information technology without jeopardizing other essential programs and services of the state agency, then the savings which may be required for the purchase of services may be transferred, upon written approval of the amount thereof by the Chief Fiscal Officer of the State, from any appropriation of the agency to the agency appropriation for the purchase of information technology on the books of the Auditor of State and the Chief Fiscal Officer of the State.

(2) Provided, however, before approving any transfers of moneys appropriated for a state agency to the line-item appropriation for purchase of information technology of that state agency, the Chief Fiscal Officer of the State shall obtain the advice of the Legislative Council with respect thereto.

(3) The transfers authorized in this chapter shall be made from time to time within the amounts authorized in the procedures set forth in this chapter, upon payment for information technology purchased from the division.

Amended by Act 2019, No. 910,§ 6282, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6281, eff. 7/1/2019.

Acts 1977, No. 884, § 12; 1979, No. 796, § 4; A.S.A. 1947, § 5-1412; Acts 1997, No. 914, § 16.
Ark. Code Ann. § 25-7-101 — AR Code / Title 25 / Chapter 7 / Section 25-7-101
Creation - Commissioner - Organization - Personnel
Status: in_force

(a) There is created a Division of Higher Education. (b) (1) The executive head of the Division of Higher Education shall be the Commissioner of the Division of Higher Education. (2) The commissioner shall be appointed by the Governor and shall serve at the pleasure of the Governor. (3) The commissioner shall report to the Secretary of the Department of Education. (c) The Division of Higher Education shall consist of the Arkansas Higher Education Coordinating Board and any other divisions that may be created by law and placed under the Division of Higher Education. (d) (1) The commissioner, with the advice and consent of the Governor, and the Secretary of the Department of Education, shall appoint the heads of the respective divisions. (2) (A) All of the personnel of the Division of Higher Education shall be employed by and serve at the pleasure of the commissioner. (B) However, nothing in this section shall be construed as reducing any right that an employee shall have under any civil service or merit system. (e) (1) Each division of the Division of Higher Education shall be under the direction, control, and supervision of the commissioner. (2) The commissioner may delegate his or her functions, powers, and duties to various divisions of the Division of Higher Education as he or she deems desirable or necessary for the effective and efficient operation of the Division of Higher Education. (f) The institutions of higher education in this state shall cooperate with the Division of Higher Education in an effort to coordinate their programs. Amended by Act 2023, No. 786,§ 54, eff. 4/12/2023. Amended by Act 2019, No. 910,§ 2384, eff. 7/1/2019. Amended by Act 2017, No. 866,§ 1, eff. 8/1/2017. Acts 1971, No. 38, § 9; A.S.A. 1947, § 5-909; Acts 1997, No. 1114, § 14.

(a) There is created a Division of Higher Education.

(b) (1) The executive head of the Division of Higher Education shall be the Commissioner of the Division of Higher Education. (2) The commissioner shall be appointed by the Governor and shall serve at the pleasure of the Governor. (3) The commissioner shall report to the Secretary of the Department of Education.

(1) The executive head of the Division of Higher Education shall be the Commissioner of the Division of Higher Education.

(2) The commissioner shall be appointed by the Governor and shall serve at the pleasure of the Governor.

(3) The commissioner shall report to the Secretary of the Department of Education.

(c) The Division of Higher Education shall consist of the Arkansas Higher Education Coordinating Board and any other divisions that may be created by law and placed under the Division of Higher Education.

(d) (1) The commissioner, with the advice and consent of the Governor, and the Secretary of the Department of Education, shall appoint the heads of the respective divisions. (2) (A) All of the personnel of the Division of Higher Education shall be employed by and serve at the pleasure of the commissioner. (B) However, nothing in this section shall be construed as reducing any right that an employee shall have under any civil service or merit system.

(1) The commissioner, with the advice and consent of the Governor, and the Secretary of the Department of Education, shall appoint the heads of the respective divisions.

(2) (A) All of the personnel of the Division of Higher Education shall be employed by and serve at the pleasure of the commissioner. (B) However, nothing in this section shall be construed as reducing any right that an employee shall have under any civil service or merit system.

(A) All of the personnel of the Division of Higher Education shall be employed by and serve at the pleasure of the commissioner.

(B) However, nothing in this section shall be construed as reducing any right that an employee shall have under any civil service or merit system.

(e) (1) Each division of the Division of Higher Education shall be under the direction, control, and supervision of the commissioner. (2) The commissioner may delegate his or her functions, powers, and duties to various divisions of the Division of Higher Education as he or she deems desirable or necessary for the effective and efficient operation of the Division of Higher Education.

(1) Each division of the Division of Higher Education shall be under the direction, control, and supervision of the commissioner.

(2) The commissioner may delegate his or her functions, powers, and duties to various divisions of the Division of Higher Education as he or she deems desirable or necessary for the effective and efficient operation of the Division of Higher Education.

(f) The institutions of higher education in this state shall cooperate with the Division of Higher Education in an effort to coordinate their programs.

Amended by Act 2023, No. 786,§ 54, eff. 4/12/2023.

Amended by Act 2019, No. 910,§ 2384, eff. 7/1/2019.

Amended by Act 2017, No. 866,§ 1, eff. 8/1/2017.

Acts 1971, No. 38, § 9; A.S.A. 1947, § 5-909; Acts 1997, No. 1114, § 14.
Ark. Code Ann. § 25-11-103 — AR Code / Title 25 / Chapter 11 / Section 25-11-103
[Repealed]
Status: repealed

Amended by Act 2019, No. 910,§ 3249, eff. 7/1/2019. Repealed by Act 2019, No. 790,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 271,§ 25, eff. 8/1/2017. Added by Act 2013, No. 1111,§ 1, eff. 7/1/2013.

Amended by Act 2019, No. 910,§ 3249, eff. 7/1/2019.

Repealed by Act 2019, No. 790,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 271,§ 25, eff. 8/1/2017.

Added by Act 2013, No. 1111,§ 1, eff. 7/1/2013.
Ark. Code Ann. § 25-38-210 — AR Code / Title 25 / Chapter 38 / Subchapter 2 / Section 25-38-210
Agricultural exchanges
Status: in_force

The Department of Agriculture shall: (1) Evaluate the potential economic benefits to Arkansas and Arkansas farmers of entering into agricultural exchanges with Israel and other countries that will foster the development of trade, mutual assistance, and business relations between Arkansas and the other country; and (2) Annually report the department's findings under subdivision (1) of this section to the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development. Amended by Act 2019, No. 910,§ 124, eff. 7/1/2019. Added by Act 2013, No. 1501,§ 1, eff. 8/16/2013.

The Department of Agriculture shall:

(1) Evaluate the potential economic benefits to Arkansas and Arkansas farmers of entering into agricultural exchanges with Israel and other countries that will foster the development of trade, mutual assistance, and business relations between Arkansas and the other country; and

(2) Annually report the department's findings under subdivision (1) of this section to the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development.

Amended by Act 2019, No. 910,§ 124, eff. 7/1/2019.

Added by Act 2013, No. 1501,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 25-43-1307 — AR Code / Title 25 / Chapter 43 / Subchapter 13 / Section 25-43-1307
Payment of gratuities
Status: in_force

The Department of Parks, Heritage, and Tourism, which from time to time will use the services of hotels and restaurants for conferences, conventions, meetings, advertising promotions, news blitzes, and other group functions, is authorized to pay such reasonable charges of involuntary gratuities for group functions as a part of the cost of services. Added by Act 2019, No. 910,§ 5549, eff. 7/1/2019.

The Department of Parks, Heritage, and Tourism, which from time to time will use the services of hotels and restaurants for conferences, conventions, meetings, advertising promotions, news blitzes, and other group functions, is authorized to pay such reasonable charges of involuntary gratuities for group functions as a part of the cost of services.

Added by Act 2019, No. 910,§ 5549, eff. 7/1/2019.
Ark. Code Ann. § 25-19-107 — AR Code / Title 25 / Chapter 19 / Section 25-19-107
Appeal from denial of rights - Attorney's fees
Status: in_force

(a) Any citizen denied the rights granted to him or her by this chapter may appeal immediately from the denial to the Pulaski County Circuit Court or to the circuit court of the residence of the aggrieved party, if the State of Arkansas or a department, agency, or institution of the state is involved, or to any of the circuit courts of the appropriate judicial districts when an agency of a county, municipality, township, or school district, or a private organization supported by or expending public funds, is involved. (b) Upon written application of the person denied the rights provided for in this chapter, or any interested party, it shall be mandatory upon the circuit court having jurisdiction to fix and assess a day the petition is to be heard within seven (7) days of the date of the application of the petitioner, and to hear and determine the case. (c) Those who refuse to comply with the orders of the court shall be found guilty of contempt of court. (d) (1) In any action to enforce the rights granted by this chapter, or in any appeal therefrom, the court shall assess against the defendant reasonable attorney's fees and other litigation expenses reasonably incurred by a plaintiff who, after filing suit, has obtained from the defendant a significant or material portion of the public information he or she requested, unless the court finds that the position of the defendant was substantially justified. (2) If the defendant has substantially prevailed in the action, the court may assess expenses against the plaintiff only upon a finding that the action was initiated primarily for frivolous or dilatory purposes. (e) (1) Notwithstanding subsection (d)(1) of this section, the court shall not assess reasonable attorney's fees or other litigation expenses reasonably incurred by a plaintiff against the State of Arkansas or a department, agency, or institution of the state. (2) (A) A plaintiff who substantially prevailed in an action under this section against the State of Arkansas or a department, agency, or institution of the state may file a claim with the Arkansas State Claims Commission to recover reasonable attorney's fees and other litigation expenses reasonably incurred. (B) A claim for reasonable attorney's fees and litigation expenses reasonably incurred in an action against the State of Arkansas or a department, agency, or institution of the state shall be filed with the commission pursuant to § 19-10-201 et seq. within sixty (60) days of the final disposition of the appeal under subsection (a) of this section. Amended by Act 2021, No. 572,§ 2, eff. 7/28/2021. Acts 1967, No. 93, § 6; A.S.A. 1947, § 12-2806; Acts 1987, No. 49, § 2; 2009, No. 440, § 2.

(a) Any citizen denied the rights granted to him or her by this chapter may appeal immediately from the denial to the Pulaski County Circuit Court or to the circuit court of the residence of the aggrieved party, if the State of Arkansas or a department, agency, or institution of the state is involved, or to any of the circuit courts of the appropriate judicial districts when an agency of a county, municipality, township, or school district, or a private organization supported by or expending public funds, is involved.

(b) Upon written application of the person denied the rights provided for in this chapter, or any interested party, it shall be mandatory upon the circuit court having jurisdiction to fix and assess a day the petition is to be heard within seven (7) days of the date of the application of the petitioner, and to hear and determine the case.

(c) Those who refuse to comply with the orders of the court shall be found guilty of contempt of court.

(d) (1) In any action to enforce the rights granted by this chapter, or in any appeal therefrom, the court shall assess against the defendant reasonable attorney's fees and other litigation expenses reasonably incurred by a plaintiff who, after filing suit, has obtained from the defendant a significant or material portion of the public information he or she requested, unless the court finds that the position of the defendant was substantially justified. (2) If the defendant has substantially prevailed in the action, the court may assess expenses against the plaintiff only upon a finding that the action was initiated primarily for frivolous or dilatory purposes.

(1) In any action to enforce the rights granted by this chapter, or in any appeal therefrom, the court shall assess against the defendant reasonable attorney's fees and other litigation expenses reasonably incurred by a plaintiff who, after filing suit, has obtained from the defendant a significant or material portion of the public information he or she requested, unless the court finds that the position of the defendant was substantially justified.

(2) If the defendant has substantially prevailed in the action, the court may assess expenses against the plaintiff only upon a finding that the action was initiated primarily for frivolous or dilatory purposes.

(e) (1) Notwithstanding subsection (d)(1) of this section, the court shall not assess reasonable attorney's fees or other litigation expenses reasonably incurred by a plaintiff against the State of Arkansas or a department, agency, or institution of the state. (2) (A) A plaintiff who substantially prevailed in an action under this section against the State of Arkansas or a department, agency, or institution of the state may file a claim with the Arkansas State Claims Commission to recover reasonable attorney's fees and other litigation expenses reasonably incurred. (B) A claim for reasonable attorney's fees and litigation expenses reasonably incurred in an action against the State of Arkansas or a department, agency, or institution of the state shall be filed with the commission pursuant to § 19-10-201 et seq. within sixty (60) days of the final disposition of the appeal under subsection (a) of this section.

(1) Notwithstanding subsection (d)(1) of this section, the court shall not assess reasonable attorney's fees or other litigation expenses reasonably incurred by a plaintiff against the State of Arkansas or a department, agency, or institution of the state.

(2) (A) A plaintiff who substantially prevailed in an action under this section against the State of Arkansas or a department, agency, or institution of the state may file a claim with the Arkansas State Claims Commission to recover reasonable attorney's fees and other litigation expenses reasonably incurred. (B) A claim for reasonable attorney's fees and litigation expenses reasonably incurred in an action against the State of Arkansas or a department, agency, or institution of the state shall be filed with the commission pursuant to § 19-10-201 et seq. within sixty (60) days of the final disposition of the appeal under subsection (a) of this section.

(A) A plaintiff who substantially prevailed in an action under this section against the State of Arkansas or a department, agency, or institution of the state may file a claim with the Arkansas State Claims Commission to recover reasonable attorney's fees and other litigation expenses reasonably incurred.

(B) A claim for reasonable attorney's fees and litigation expenses reasonably incurred in an action against the State of Arkansas or a department, agency, or institution of the state shall be filed with the commission pursuant to § 19-10-201 et seq. within sixty (60) days of the final disposition of the appeal under subsection (a) of this section.

Amended by Act 2021, No. 572,§ 2, eff. 7/28/2021.

Acts 1967, No. 93, § 6; A.S.A. 1947, § 12-2806; Acts 1987, No. 49, § 2; 2009, No. 440, § 2.
Ark. Code Ann. § 25-43-807 — AR Code / Title 25 / Chapter 43 / Subchapter 8 / Section 25-43-807
Patient care providers - Wages - Required withholding - Fringe benefits
Status: in_force

(a) The Department of Health may pay wages and required state withholding, federal withholding, required matching, and other fringe benefits for patient care part-time intermittent contractual personnel who must be employed in order to provide services in the home. (b) These payments will be made from the appropriation for professional fees and services. Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.

(a) The Department of Health may pay wages and required state withholding, federal withholding, required matching, and other fringe benefits for patient care part-time intermittent contractual personnel who must be employed in order to provide services in the home.

(b) These payments will be made from the appropriation for professional fees and services.

Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.
Ark. Code Ann. § 25-10-129 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-129
Department of Human Services authorized to issue rules to assure compliance with federal statutes, rules, and regulations
Status: in_force

(a) (1) It is the intent of the General Assembly that the State of Arkansas utilize federal funding to the fullest extent possible to provide care to persons eligible for assistance or benefits under programs wholly or partially federally funded or fundable. (2) The General Assembly recognizes that the Department of Human Services is presently charged with, among other things, all welfare activity in the state, including: (A) Services to children and to the aged, blind, and individuals with disabilities; (B) Public assistance; and (C) Medical assistance. (3) The General Assembly further recognizes that federal laws and regulations affecting such programs are the supreme law of the land and change frequently, sometimes with little or no advance notice to the state, such that it is impractical to prescribe the operations of such programs by statute. (4) It is therefore the intent of the General Assembly to clarify and consolidate the authority of the department to assure conformity with all applicable federal dictates by empowering the department and its divisions to, by rule, adopt or implement all federal statutes, rules, and regulations as may be currently in force, or as may be adopted or amended in the future, when such rule is necessary to conform to federal statutes, rules, and regulations affecting programs administered or funded by or through the department. (b) The department and its various divisions are hereby authorized and directed to promulgate rules, as necessary to conform to federal statutes, rules, and regulations as may now or in the future affect programs administered or funded by or through the department or its various divisions, as necessary to receive any federal funds which may now or in the future be available to the department or its various divisions. (c) All rules promulgated pursuant to this section shall be promulgated in conformity with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and after legislative review and approval as required by § 10-3-309 . Amended by Act 2015, No. 1258,§ 39, eff. 7/22/2015. Acts 1995, No. 710, §§ 1-3.

(a) (1) It is the intent of the General Assembly that the State of Arkansas utilize federal funding to the fullest extent possible to provide care to persons eligible for assistance or benefits under programs wholly or partially federally funded or fundable. (2) The General Assembly recognizes that the Department of Human Services is presently charged with, among other things, all welfare activity in the state, including: (A) Services to children and to the aged, blind, and individuals with disabilities; (B) Public assistance; and (C) Medical assistance. (3) The General Assembly further recognizes that federal laws and regulations affecting such programs are the supreme law of the land and change frequently, sometimes with little or no advance notice to the state, such that it is impractical to prescribe the operations of such programs by statute. (4) It is therefore the intent of the General Assembly to clarify and consolidate the authority of the department to assure conformity with all applicable federal dictates by empowering the department and its divisions to, by rule, adopt or implement all federal statutes, rules, and regulations as may be currently in force, or as may be adopted or amended in the future, when such rule is necessary to conform to federal statutes, rules, and regulations affecting programs administered or funded by or through the department.

(1) It is the intent of the General Assembly that the State of Arkansas utilize federal funding to the fullest extent possible to provide care to persons eligible for assistance or benefits under programs wholly or partially federally funded or fundable.

(2) The General Assembly recognizes that the Department of Human Services is presently charged with, among other things, all welfare activity in the state, including: (A) Services to children and to the aged, blind, and individuals with disabilities; (B) Public assistance; and (C) Medical assistance.

(A) Services to children and to the aged, blind, and individuals with disabilities;

(B) Public assistance; and

(C) Medical assistance.

(3) The General Assembly further recognizes that federal laws and regulations affecting such programs are the supreme law of the land and change frequently, sometimes with little or no advance notice to the state, such that it is impractical to prescribe the operations of such programs by statute.

(4) It is therefore the intent of the General Assembly to clarify and consolidate the authority of the department to assure conformity with all applicable federal dictates by empowering the department and its divisions to, by rule, adopt or implement all federal statutes, rules, and regulations as may be currently in force, or as may be adopted or amended in the future, when such rule is necessary to conform to federal statutes, rules, and regulations affecting programs administered or funded by or through the department.

(b) The department and its various divisions are hereby authorized and directed to promulgate rules, as necessary to conform to federal statutes, rules, and regulations as may now or in the future affect programs administered or funded by or through the department or its various divisions, as necessary to receive any federal funds which may now or in the future be available to the department or its various divisions.

(c) All rules promulgated pursuant to this section shall be promulgated in conformity with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and after legislative review and approval as required by § 10-3-309 .

Amended by Act 2015, No. 1258,§ 39, eff. 7/22/2015.

Acts 1995, No. 710, §§ 1-3.
Ark. Code Ann. § 25-17-201 — AR Code / Title 25 / Chapter 17 / Subchapter 2 / Section 25-17-201
Boards created for management of various institutions
Status: in_force

The following honorary boards are created: (1) A board of five (5) members constituting the Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf; (2) A board of five (5) members constituting the Board of Corrections; (3) A board of seven (7) members constituting the Board of Trustees of the University of Central Arkansas, hereby made and constituted a body politic and corporate; (4) A board of seven (7) members to be appointed from the state at large, constituting the Board of Trustees of the Arkansas State University System; and (5) A board of (5) five members to be appointed from counties in the Second Agricultural and Mechanical District, constituting the Board of Trustees of Arkansas Tech University. Amended by Act 2021, No. 18,§ 21, eff. 2/1/2021. Amended by Act 2015, No. 344,§ 12, eff. 7/22/2015. Acts 1943, No. 1, § 2; 1953, No. 140, § 1; 1963, No. 161, § 4; 1971, No. 9, § 5; 1971, No. 512, §§ 7, 8; A.S.A. 1947, § 7-201; Acts 1997, No. 948, § 4.

The following honorary boards are created:

(1) A board of five (5) members constituting the Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf;

(2) A board of five (5) members constituting the Board of Corrections;

(3) A board of seven (7) members constituting the Board of Trustees of the University of Central Arkansas, hereby made and constituted a body politic and corporate;

(4) A board of seven (7) members to be appointed from the state at large, constituting the Board of Trustees of the Arkansas State University System; and

(5) A board of (5) five members to be appointed from counties in the Second Agricultural and Mechanical District, constituting the Board of Trustees of Arkansas Tech University.

Amended by Act 2021, No. 18,§ 21, eff. 2/1/2021.

Amended by Act 2015, No. 344,§ 12, eff. 7/22/2015.

Acts 1943, No. 1, § 2; 1953, No. 140, § 1; 1963, No. 161, § 4; 1971, No. 9, § 5; 1971, No. 512, §§ 7, 8; A.S.A. 1947, § 7-201; Acts 1997, No. 948, § 4.
Ark. Code Ann. § 25-16-611 — AR Code / Title 25 / Chapter 16 / Subchapter 6 / Section 25-16-611
Quarterly report on notes and on moneys from sale of state lands
Status: in_force

The Treasurer of State shall report quarterly to the Governor the amount of notes on hand and by whom drawn and the amount of moneys received and on hand on account of the sale of state lands. Acts 1844, § 5, p. 29; C. & M. Dig., § 4492; Pope's Dig., § 5528; A.S.A. 1947, § 12-611.

The Treasurer of State shall report quarterly to the Governor the amount of notes on hand and by whom drawn and the amount of moneys received and on hand on account of the sale of state lands.

Acts 1844, § 5, p. 29; C. & M. Dig., § 4492; Pope's Dig., § 5528; A.S.A. 1947, § 12-611.
Ark. Code Ann. § 25-43-103 — AR Code / Title 25 / Chapter 43 / Subchapter 1 / Section 25-43-103
Definitions
Status: in_force

As used in this chapter, unless otherwise provided by law: (1) (A) "Administrative functions" means the day-to-day business operations of a state entity, including without limitation employment, payroll, property management, benefit management, human resource operations, and accounting operations of a state entity, and all other duties as assigned by the secretary of the cabinet-level department or his or her designee. (B) "Administrative functions" does not include the promulgation of rules or issuance of orders on behalf of any state entity unless specifically designated by statute, rule, order, or directive; (2) "Cabinet-level department" means one (1) of the fifteen (15) executive agencies designated to provide state services and provide direct reports to the Governor; (3) "Cabinet-level department transfer" means a transfer of the administrative functions of a state entity to a cabinet-level department under this chapter; (4) "Employee" means a person employed to carry out the functions of a state entity; and (5) "State entity" means any instrumentality of state government, including without limitation a board, commission, committee, advisory board, office, department, institution, bureau, council, administrative program, agency, or division. Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.

As used in this chapter, unless otherwise provided by law:

(1) (A) "Administrative functions" means the day-to-day business operations of a state entity, including without limitation employment, payroll, property management, benefit management, human resource operations, and accounting operations of a state entity, and all other duties as assigned by the secretary of the cabinet-level department or his or her designee. (B) "Administrative functions" does not include the promulgation of rules or issuance of orders on behalf of any state entity unless specifically designated by statute, rule, order, or directive;

(A) "Administrative functions" means the day-to-day business operations of a state entity, including without limitation employment, payroll, property management, benefit management, human resource operations, and accounting operations of a state entity, and all other duties as assigned by the secretary of the cabinet-level department or his or her designee.

(B) "Administrative functions" does not include the promulgation of rules or issuance of orders on behalf of any state entity unless specifically designated by statute, rule, order, or directive;

(2) "Cabinet-level department" means one (1) of the fifteen (15) executive agencies designated to provide state services and provide direct reports to the Governor;

(3) "Cabinet-level department transfer" means a transfer of the administrative functions of a state entity to a cabinet-level department under this chapter;

(4) "Employee" means a person employed to carry out the functions of a state entity; and

(5) "State entity" means any instrumentality of state government, including without limitation a board, commission, committee, advisory board, office, department, institution, bureau, council, administrative program, agency, or division.

Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.
Ark. Code Ann. § 25-20-102 — AR Code / Title 25 / Chapter 20 / Subchapter 1 / Section 25-20-102
Purpose
Status: in_force

It is the purpose of this chapter to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. Acts 1967, No. 430, § 1; A.S.A. 1947, § 14-901.

It is the purpose of this chapter to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities.

Acts 1967, No. 430, § 1; A.S.A. 1947, § 14-901.
Ark. Code Ann. § 25-4-106 — AR Code / Title 25 / Chapter 4 / Section 25-4-106
Reporting requirements
Status: in_force

(a) (1) The Director of the Division of Information Systems will report periodically to the Joint Committee on Advanced Communications and Information Technology regarding the status of the Division of Information Systems' information technology responsibilities in state government. (2) The director may report any factors that are outside the scope of the division but are deemed to inhibit or to promote the division's responsibilities. (b) (1) By October 31, January 31, April 30, and July 31 of each fiscal year, the director shall compile and submit a report to the: (A) Legislative Council, if submitted between regular sessions of the General Assembly; (B) Joint Budget Committee, if submitted during a session of the General Assembly; and (C) Joint Committee on Advanced Communications and Information Technology. (2) The report shall: (A) Detail all requests from state agencies, boards, and commissions for advice regarding information technology planning, implementation, installation, rates or fees, utilization of products, services, and integrations or upgrades to be added to all existing technology plans; and (B) Provide a full report of all corresponding recommendations made by the division to the requesting state agencies, boards, and commissions. (3) The report shall include: (A) The name of the state agency, board, or commission requesting the advice; (B) The name and scope of the project for which advice is being sought; (C) The type of advice sought, for example, technical, product or service utilization, planning, implementation, installation, integration, or upgrades; (D) A detailed explanation of all recommendations provided by the division; (E) How the recommendation fits into the information technology plan of the agency, board, or commission; (F) How the recommendation fits into the state's information technology plan and state enterprise architecture; and (G) Other information as may be useful for policy making decisions by the Legislative Council or the Joint Committee on Advanced Communications and Information Technology. Amended by Act 2019, No. 910,§ 6269, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6268, eff. 7/1/2019. Acts 1977, No. 884, § 6; A.S.A. 1947, § 5-1406; Acts 1997, No. 914, § 6; 2001, No. 1722, § 5; 2003, No. 1627, § 12; 2007, No. 751, § 14; 2009, No. 648, § 4.

(a) (1) The Director of the Division of Information Systems will report periodically to the Joint Committee on Advanced Communications and Information Technology regarding the status of the Division of Information Systems' information technology responsibilities in state government. (2) The director may report any factors that are outside the scope of the division but are deemed to inhibit or to promote the division's responsibilities.

(1) The Director of the Division of Information Systems will report periodically to the Joint Committee on Advanced Communications and Information Technology regarding the status of the Division of Information Systems' information technology responsibilities in state government.

(2) The director may report any factors that are outside the scope of the division but are deemed to inhibit or to promote the division's responsibilities.

(b) (1) By October 31, January 31, April 30, and July 31 of each fiscal year, the director shall compile and submit a report to the: (A) Legislative Council, if submitted between regular sessions of the General Assembly; (B) Joint Budget Committee, if submitted during a session of the General Assembly; and (C) Joint Committee on Advanced Communications and Information Technology. (2) The report shall: (A) Detail all requests from state agencies, boards, and commissions for advice regarding information technology planning, implementation, installation, rates or fees, utilization of products, services, and integrations or upgrades to be added to all existing technology plans; and (B) Provide a full report of all corresponding recommendations made by the division to the requesting state agencies, boards, and commissions. (3) The report shall include: (A) The name of the state agency, board, or commission requesting the advice; (B) The name and scope of the project for which advice is being sought; (C) The type of advice sought, for example, technical, product or service utilization, planning, implementation, installation, integration, or upgrades; (D) A detailed explanation of all recommendations provided by the division; (E) How the recommendation fits into the information technology plan of the agency, board, or commission; (F) How the recommendation fits into the state's information technology plan and state enterprise architecture; and (G) Other information as may be useful for policy making decisions by the Legislative Council or the Joint Committee on Advanced Communications and Information Technology.

(1) By October 31, January 31, April 30, and July 31 of each fiscal year, the director shall compile and submit a report to the: (A) Legislative Council, if submitted between regular sessions of the General Assembly; (B) Joint Budget Committee, if submitted during a session of the General Assembly; and (C) Joint Committee on Advanced Communications and Information Technology.

(A) Legislative Council, if submitted between regular sessions of the General Assembly;

(B) Joint Budget Committee, if submitted during a session of the General Assembly; and

(C) Joint Committee on Advanced Communications and Information Technology.

(2) The report shall: (A) Detail all requests from state agencies, boards, and commissions for advice regarding information technology planning, implementation, installation, rates or fees, utilization of products, services, and integrations or upgrades to be added to all existing technology plans; and (B) Provide a full report of all corresponding recommendations made by the division to the requesting state agencies, boards, and commissions.

(A) Detail all requests from state agencies, boards, and commissions for advice regarding information technology planning, implementation, installation, rates or fees, utilization of products, services, and integrations or upgrades to be added to all existing technology plans; and

(B) Provide a full report of all corresponding recommendations made by the division to the requesting state agencies, boards, and commissions.

(3) The report shall include: (A) The name of the state agency, board, or commission requesting the advice; (B) The name and scope of the project for which advice is being sought; (C) The type of advice sought, for example, technical, product or service utilization, planning, implementation, installation, integration, or upgrades; (D) A detailed explanation of all recommendations provided by the division; (E) How the recommendation fits into the information technology plan of the agency, board, or commission; (F) How the recommendation fits into the state's information technology plan and state enterprise architecture; and (G) Other information as may be useful for policy making decisions by the Legislative Council or the Joint Committee on Advanced Communications and Information Technology.

(A) The name of the state agency, board, or commission requesting the advice;

(B) The name and scope of the project for which advice is being sought;

(C) The type of advice sought, for example, technical, product or service utilization, planning, implementation, installation, integration, or upgrades;

(D) A detailed explanation of all recommendations provided by the division;

(E) How the recommendation fits into the information technology plan of the agency, board, or commission;

(F) How the recommendation fits into the state's information technology plan and state enterprise architecture; and

(G) Other information as may be useful for policy making decisions by the Legislative Council or the Joint Committee on Advanced Communications and Information Technology.

Amended by Act 2019, No. 910,§ 6269, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6268, eff. 7/1/2019.

Acts 1977, No. 884, § 6; A.S.A. 1947, § 5-1406; Acts 1997, No. 914, § 6; 2001, No. 1722, § 5; 2003, No. 1627, § 12; 2007, No. 751, § 14; 2009, No. 648, § 4.
Ark. Code Ann. § 25-20-406 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-406
Operation
Status: in_force

(a) It is the purpose of this subchapter to allow municipal electric utilities to utilize the provisions of the Interlocal Cooperative Act, § 25-20-101 et seq., for the purpose of planning, developing, and operating electric projects. (b) (1) Participating municipal electric utilities are authorized to contribute to an authority such real and personal property as the governing body of the municipal electric utility deems necessary or appropriate to the ownership and operation of an electric project, or as otherwise allowed by law. (2) However, any contributions of reserve funds held in trust under § 14-73-101 et seq. or any official action of the governing body of a municipal electric utility or other trust-related agreements shall be made on the condition that the funds may be used only for the purposes described in the applicable trust agreement and until so used shall remain in a trust fund complying with the requirements of § 14-73-101 et seq. or any applicable official action of the governing body of a municipal electric utility or any other trust-related agreements. (c) Governing bodies of municipal electric utilities shall have the power to execute all contracts, leases, deeds, bills of sale, easements, assignments, and other instruments of conveyance as may be required or convenient to exercise the powers granted in this subchapter. (d) No authority shall provide electric service at retail nor enter into contracts for the sale of energy or capacity to another party, other than the authority's participating municipal electric utilities, for a term of more than one (1) year, except in the event the Arkansas Public Service Commission authorizes a longer period pursuant to § 23-18-531 [repealed]. Acts 2003, No. 366, § 1.

(a) It is the purpose of this subchapter to allow municipal electric utilities to utilize the provisions of the Interlocal Cooperative Act, § 25-20-101 et seq., for the purpose of planning, developing, and operating electric projects.

(b) (1) Participating municipal electric utilities are authorized to contribute to an authority such real and personal property as the governing body of the municipal electric utility deems necessary or appropriate to the ownership and operation of an electric project, or as otherwise allowed by law. (2) However, any contributions of reserve funds held in trust under § 14-73-101 et seq. or any official action of the governing body of a municipal electric utility or other trust-related agreements shall be made on the condition that the funds may be used only for the purposes described in the applicable trust agreement and until so used shall remain in a trust fund complying with the requirements of § 14-73-101 et seq. or any applicable official action of the governing body of a municipal electric utility or any other trust-related agreements.

(1) Participating municipal electric utilities are authorized to contribute to an authority such real and personal property as the governing body of the municipal electric utility deems necessary or appropriate to the ownership and operation of an electric project, or as otherwise allowed by law.

(2) However, any contributions of reserve funds held in trust under § 14-73-101 et seq. or any official action of the governing body of a municipal electric utility or other trust-related agreements shall be made on the condition that the funds may be used only for the purposes described in the applicable trust agreement and until so used shall remain in a trust fund complying with the requirements of § 14-73-101 et seq. or any applicable official action of the governing body of a municipal electric utility or any other trust-related agreements.

(c) Governing bodies of municipal electric utilities shall have the power to execute all contracts, leases, deeds, bills of sale, easements, assignments, and other instruments of conveyance as may be required or convenient to exercise the powers granted in this subchapter.

(d) No authority shall provide electric service at retail nor enter into contracts for the sale of energy or capacity to another party, other than the authority's participating municipal electric utilities, for a term of more than one (1) year, except in the event the Arkansas Public Service Commission authorizes a longer period pursuant to § 23-18-531 [repealed].

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-20-516 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-516
Zoning exemption
Status: in_force

A public body maintaining facilities in an area zoned after the construction of the facilities may add to, alter, expand, or change the facilities upon that land or upon lands immediately adjacent thereto without regard to the zoning regulation for the area if the board of commissioners finds the action necessary for the proper operation of its consolidated wastewater system. Acts 2009, No. 1371, § 1.

A public body maintaining facilities in an area zoned after the construction of the facilities may add to, alter, expand, or change the facilities upon that land or upon lands immediately adjacent thereto without regard to the zoning regulation for the area if the board of commissioners finds the action necessary for the proper operation of its consolidated wastewater system.

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-6-102 — AR Code / Title 25 / Chapter 6 / Subchapter 1 / Section 25-6-102
Organization - Commissioner
Status: in_force

(a) The Division of Elementary and Secondary Education shall consist of: (1) The State Board of Education; (2) The Division of Elementary and Secondary Education under the direction and supervision of the Commissioner of Elementary and Secondary Education; and (3) Any divisions or subdivisions as presently exist within the Division of Elementary and Secondary Education or as may be created by the State Board of Education or as created by law and placed under the Division of Elementary and Secondary Education. (b) The State Board of Education shall continue to perform its powers and duties as prescribed by law. (c) (1) The commissioner shall be a member of the Governor's cabinet. (2) The commissioner shall perform all duties and exercise all powers relating to general education as may be granted by law. Amended by Act 2019, No. 910,§ 2382, eff. 7/1/2019. Acts 1971, No. 38, § 10; 1981, No. 64, § 2; A.S.A. 1947, § 5-910; Acts 1987, No. 771, § 2; Acts 1991, No. 773, § 7; 1995, No. 297, § 5; 1999, No. 1323, § 54; 2009, No. 1469, § 31.

(a) The Division of Elementary and Secondary Education shall consist of: (1) The State Board of Education; (2) The Division of Elementary and Secondary Education under the direction and supervision of the Commissioner of Elementary and Secondary Education; and (3) Any divisions or subdivisions as presently exist within the Division of Elementary and Secondary Education or as may be created by the State Board of Education or as created by law and placed under the Division of Elementary and Secondary Education.

(1) The State Board of Education;

(2) The Division of Elementary and Secondary Education under the direction and supervision of the Commissioner of Elementary and Secondary Education; and

(3) Any divisions or subdivisions as presently exist within the Division of Elementary and Secondary Education or as may be created by the State Board of Education or as created by law and placed under the Division of Elementary and Secondary Education.

(b) The State Board of Education shall continue to perform its powers and duties as prescribed by law.

(c) (1) The commissioner shall be a member of the Governor's cabinet. (2) The commissioner shall perform all duties and exercise all powers relating to general education as may be granted by law.

(1) The commissioner shall be a member of the Governor's cabinet.

(2) The commissioner shall perform all duties and exercise all powers relating to general education as may be granted by law.

Amended by Act 2019, No. 910,§ 2382, eff. 7/1/2019.

Acts 1971, No. 38, § 10; 1981, No. 64, § 2; A.S.A. 1947, § 5-910; Acts 1987, No. 771, § 2; Acts 1991, No. 773, § 7; 1995, No. 297, § 5; 1999, No. 1323, § 54; 2009, No. 1469, § 31.
Ark. Code Ann. § 25-29-103 — AR Code / Title 25 / Chapter 29 / Section 25-29-103
Assessment on local exchange service providers
Status: in_force

(a) In order to fund the services provided by the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation, the Board of Directors of the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall levy assessments on all providers of: (1) Local exchange service not to exceed ten cents (10¢) per subject access line per month in order to fund the services provided by the corporation; and (2) (A) Commercial mobile radio service not to exceed ten cents (10¢) per customer account or number. (B) As used in this section, "commercial mobile radio service" means the same as defined in § 12-10-303 . (b) The board may adjust the assessment no more than once in a calendar year quarter, but at no time shall the assessment exceed the amount set in subsection (a) of this section. (c) The assessment under subdivision (a)(1) of this section shall not be levied on more than one hundred (100) lines at any single customer location. (d) The assessments levied under subsection (a) of this section may be collected by the providers of local exchange service or commercial mobile radio service from their customers and transmitted monthly to the board, and the board shall deposit the assessments into a financial institution authorized to accept public funds. (e) The assessments levied under subsection (a) of this section by the corporation shall not be considered a tax and shall not be affected by any laws of this state governing taxation, nor shall the assessments be subject to any state or local tax or franchise fee. Amended by Act 2021, No. 84,§ 18, eff. 7/28/2021. Acts 1997, No. 1080, § 3; 2007, No. 102, § 1.

(a) In order to fund the services provided by the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation, the Board of Directors of the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall levy assessments on all providers of: (1) Local exchange service not to exceed ten cents (10¢) per subject access line per month in order to fund the services provided by the corporation; and (2) (A) Commercial mobile radio service not to exceed ten cents (10¢) per customer account or number. (B) As used in this section, "commercial mobile radio service" means the same as defined in § 12-10-303 .

(1) Local exchange service not to exceed ten cents (10¢) per subject access line per month in order to fund the services provided by the corporation; and

(2) (A) Commercial mobile radio service not to exceed ten cents (10¢) per customer account or number. (B) As used in this section, "commercial mobile radio service" means the same as defined in § 12-10-303 .

(A) Commercial mobile radio service not to exceed ten cents (10¢) per customer account or number.

(B) As used in this section, "commercial mobile radio service" means the same as defined in § 12-10-303 .

(b) The board may adjust the assessment no more than once in a calendar year quarter, but at no time shall the assessment exceed the amount set in subsection (a) of this section.

(c) The assessment under subdivision (a)(1) of this section shall not be levied on more than one hundred (100) lines at any single customer location.

(d) The assessments levied under subsection (a) of this section may be collected by the providers of local exchange service or commercial mobile radio service from their customers and transmitted monthly to the board, and the board shall deposit the assessments into a financial institution authorized to accept public funds.

(e) The assessments levied under subsection (a) of this section by the corporation shall not be considered a tax and shall not be affected by any laws of this state governing taxation, nor shall the assessments be subject to any state or local tax or franchise fee.

Amended by Act 2021, No. 84,§ 18, eff. 7/28/2021.

Acts 1997, No. 1080, § 3; 2007, No. 102, § 1.
Ark. Code Ann. § 25-18-604 — AR Code / Title 25 / Chapter 18 / Subchapter 6 / Section 25-18-604
Retention requirement
Status: in_force

(a) The Department of Finance and Administration shall direct the development of rules and guidelines for the retention of public records commonly found in most state agencies. (b) (1) The department shall promulgate pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., rules and guidelines governing the retention and management of public records commonly found in most state agencies, including, but not limited to, electronic records. (2) The Arkansas General Records Retention Schedule, previously promulgated and adopted as Agency Policy 200.000 of the Office of Information Technology, shall be an official rule of the department subject to revision under subsection (d) of this section. (c) Each state agency shall comply with the rules and guidelines promulgated under this subchapter by July 1, 2007. (d) The department shall make periodic updates to the rules governing the retention and management of public records commonly found in most state agencies pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 315,§ 2928, eff. 7/24/2019. Acts 2005, No. 918, § 1; 2007, No. 751, § 21.

(a) The Department of Finance and Administration shall direct the development of rules and guidelines for the retention of public records commonly found in most state agencies.

(b) (1) The department shall promulgate pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., rules and guidelines governing the retention and management of public records commonly found in most state agencies, including, but not limited to, electronic records. (2) The Arkansas General Records Retention Schedule, previously promulgated and adopted as Agency Policy 200.000 of the Office of Information Technology, shall be an official rule of the department subject to revision under subsection (d) of this section.

(1) The department shall promulgate pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., rules and guidelines governing the retention and management of public records commonly found in most state agencies, including, but not limited to, electronic records.

(2) The Arkansas General Records Retention Schedule, previously promulgated and adopted as Agency Policy 200.000 of the Office of Information Technology, shall be an official rule of the department subject to revision under subsection (d) of this section.

(c) Each state agency shall comply with the rules and guidelines promulgated under this subchapter by July 1, 2007.

(d) The department shall make periodic updates to the rules governing the retention and management of public records commonly found in most state agencies pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 315,§ 2928, eff. 7/24/2019.

Acts 2005, No. 918, § 1; 2007, No. 751, § 21.
Ark. Code Ann. § 25-4-109 — AR Code / Title 25 / Chapter 4 / Section 25-4-109
Information technology centers
Status: in_force

(a) The Division of Information Systems is authorized to establish, maintain, and operate information technology centers and, in connection therewith, to rent, purchase, install, operate, and maintain information technology for state agencies as authorized in this chapter. (b) The division is authorized to enter into contracts or agreements with state agencies for the purpose of providing information technology. (c) State agencies are authorized to enter into any contracts with the division or its successor that may be necessary or desirable to effectuate the purposes and policies of this chapter or for maximum utilization of facilities and services that are the subject of this chapter. (d) Agencies shall use the core information technology infrastructure. (e) The division is authorized to enter into agreements and contracts with public utilities for telecommunications service. (f) The information technology centers operated by the division shall be made available to all state agencies that fall within economical and feasible boundaries. (g) Agencies shall use project management for designated activities defined as a project. Amended by Act 2019, No. 910,§ 6272, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6271, eff. 7/1/2019. Acts 1977, No. 884, § 8; 1979, No. 820, § 2; 1985, No. 463, § 1; A.S.A. 1947, § 5-1408; Acts 1997, No. 914, § 9; 2001, No. 1722, § 6; 2005, No. 1999, § 5.

(a) The Division of Information Systems is authorized to establish, maintain, and operate information technology centers and, in connection therewith, to rent, purchase, install, operate, and maintain information technology for state agencies as authorized in this chapter.

(b) The division is authorized to enter into contracts or agreements with state agencies for the purpose of providing information technology.

(c) State agencies are authorized to enter into any contracts with the division or its successor that may be necessary or desirable to effectuate the purposes and policies of this chapter or for maximum utilization of facilities and services that are the subject of this chapter.

(d) Agencies shall use the core information technology infrastructure.

(e) The division is authorized to enter into agreements and contracts with public utilities for telecommunications service.

(f) The information technology centers operated by the division shall be made available to all state agencies that fall within economical and feasible boundaries.

(g) Agencies shall use project management for designated activities defined as a project.

Amended by Act 2019, No. 910,§ 6272, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6271, eff. 7/1/2019.

Acts 1977, No. 884, § 8; 1979, No. 820, § 2; 1985, No. 463, § 1; A.S.A. 1947, § 5-1408; Acts 1997, No. 914, § 9; 2001, No. 1722, § 6; 2005, No. 1999, § 5.
Ark. Code Ann. § 25-32-109 — AR Code / Title 25 / Chapter 32 / Section 25-32-109
Attribution and effect of electronic record and electronic signature
Status: in_force

(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable. (b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law. Acts 2001, No. 905, § 9.

(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.

(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.

Acts 2001, No. 905, § 9.
Ark. Code Ann. § 25-1-902 — AR Code / Title 25 / Chapter 1 / Subchapter 9 / Section 25-1-902
Unlawful propagation of divisive concepts by state entity
Status: in_force

(a) A state entity shall not teach, instruct, or train any employee, contractor, staff member, or any other individual or group, to adopt or believe any divisive concepts. (b) No employee of the State of Arkansas shall face any penalty or discrimination on account of his or her refusal to support, believe, endorse, embrace, confess, act upon, or otherwise assent to the divisive concepts defined under § 25-1-901 . Added by Act 2021, No. 1100,§ 1, eff. 1/1/2022.

(a) A state entity shall not teach, instruct, or train any employee, contractor, staff member, or any other individual or group, to adopt or believe any divisive concepts.

(b) No employee of the State of Arkansas shall face any penalty or discrimination on account of his or her refusal to support, believe, endorse, embrace, confess, act upon, or otherwise assent to the divisive concepts defined under § 25-1-901 .

Added by Act 2021, No. 1100,§ 1, eff. 1/1/2022.
Ark. Code Ann. § 25-15-501 — AR Code / Title 25 / Chapter 15 / Subchapter 5 / Section 25-15-501
Legislative finding
Status: in_force

In light of the potential for rapidly rising costs to the state attributable to the Arkansas Medicaid Program and the importance of Medicaid expenditures to the health and welfare of the citizens of this state, the General Assembly finds that it is desirable to exercise a more thorough review of future proposed changes to any rule impacting state Medicaid costs. Added by Act 2017, No. 605,§ 3, eff. 8/1/2017.

In light of the potential for rapidly rising costs to the state attributable to the Arkansas Medicaid Program and the importance of Medicaid expenditures to the health and welfare of the citizens of this state, the General Assembly finds that it is desirable to exercise a more thorough review of future proposed changes to any rule impacting state Medicaid costs.

Added by Act 2017, No. 605,§ 3, eff. 8/1/2017.