Ark. Code Ann. § 25-19-105 — AR Code / Title 25 / Chapter 19 / Section 25-19-105
Examination and copying of public records
Status: in_force

(a) (1) (A) Except as otherwise specifically provided by this section or by laws specifically enacted to provide otherwise, all public records shall be open to inspection and copying, including without limitation copying through image capture, including still and moving photography and video and digital recording, by any citizen of the State of Arkansas during the regular business hours of the custodian of the records. (B) However, access to inspect and copy, including without limitation copying through image capture, including still and moving photography and video and digital recording, public records shall be denied to: (i) A person who at the time of the request has pleaded guilty to or been found guilty of a felony and is incarcerated in a correctional facility; and (ii) The representative of a person under subdivision (a)(1)(B)(i) of this section unless the representative is the person's attorney who is requesting information that is subject to disclosure under this section. (2) (A) A citizen may make a request to the custodian to inspect, copy, including without limitation through image capture, including still and moving photography and video and digital recording, or receive copies of public records. (B) The request may be made in person, by telephone, by mail, by facsimile transmission, by electronic mail, or by other electronic means provided by the custodian. (C) The request shall be sufficiently specific to enable the custodian to locate the records with reasonable effort. (3) A custodian shall respond as follows in writing within the time period required under this section to a written request for public records: (A) If no records exist that are responsive to the request, the custodian shall respond that no records exist; (B) If any responsive records that exist are subject to exemptions under this chapter or other law, the custodian shall respond and identify the applicable exemptions; and (C) If the custodian lacks administrative control over any responsive records that may exist, the custodian shall respond and identify the appropriate custodian to direct the request to, if known or readily ascertainable. (4) A custodian's response under subdivision (a)(3) of this section may be delivered by electronic mail. (5) If a custodian knowingly fails to respond as required under subdivision (a)(3) of this section, he or she shall be subject to the penalties in § 25-19-104 for a violation of this chapter. (6) The requirements of this subsection do not affect the obligation of a custodian to immediately provide to the requestor any responsive records not in active use or storage. (b) It is the specific intent of this section that the following shall not be deemed to be made open to the public under the provisions of this chapter: (1) State income tax records; (2) Medical records, adoption records, and education records as defined in the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g , unless their disclosure is consistent with the provisions of that act; (3) The site files and records maintained by the Arkansas Historic Preservation Program and the Arkansas Archeological Survey; (4) Grand jury minutes; (5) Unpublished drafts of judicial or quasi-judicial opinions and decisions; (6) Undisclosed investigations by law enforcement agencies of suspected criminal activity; (7) Unpublished memoranda, working papers, and correspondence of the Governor, members of the General Assembly, Supreme Court Justices, Court of Appeals Judges, and the Attorney General; (8) Documents that are protected from disclosure by order or rule of court; (9) (A) Files that if disclosed would give advantage to competitors or bidders; and (B) (i) Records maintained by the Arkansas Economic Development Commission related to any business entity's planning, site location, expansion, operations, or product development and marketing, unless approval for release of those records is granted by the business entity. (ii) However, this exemption shall not be applicable to any records of expenditures or grants made or administered by the commission and otherwise disclosable under the provisions of this chapter; (10) (A) The identities of law enforcement officers currently working undercover with their agencies and identified in the Arkansas Minimum Standards Office as undercover officers. (B) Records of the number of undercover officers and agency lists are not exempt from this chapter; (11) Records containing measures, procedures, instructions, or related data used to cause a computer or a computer system or network, including telecommunication networks or applications thereon, to perform security functions, including, but not limited to, passwords, personal identification numbers, transaction authorization mechanisms, and other means of preventing access to computers, computer systems or networks, or any data residing therein; (12) Personnel records to the extent that disclosure would constitute a clearly unwarranted invasion of personal privacy; (13) Personal contact information, including without limitation home or mobile telephone numbers, personal email addresses, and home addresses of nonelected state employees, nonelected municipal employees, nonelected school employees, and nonelected county employees contained in employer records, except that the custodian of the records shall verify an employee's city or county of residence or address on record upon request; (14) Materials, information, examinations, and answers to examinations utilized by boards and commissions for purposes of testing applicants for licensure by state boards or commissions; (15) Military service discharge records or DD Form 214, the Certificate of Release or Discharge from Active Duty of the United States Department of Defense, filed with the county recorder as provided under § 14-2-102 , for veterans discharged from service less than seventy (70) years from the current date; (16) Vulnerability assessments submitted by a public water system on or before June 30, 2004, to the Administrator of the United States Environmental Protection Agency for a period of ten (10) years from the date of submission; (17) [Repealed.] (18) (A) Records, including analyses, investigations, studies, reports, recommendations, requests for proposals, drawings, diagrams, blueprints, and plans containing information relating to security for any public water system or municipally owned utility system. (B) The records under subdivision (b)(18)(A) of this section include: (i) Risk and vulnerability assessments; (ii) Plans and proposals for preventing and mitigating security risks; (iii) Emergency response and recovery records; (iv) Security plans and procedures; (v) Plans and related information for generation, transmission, and distribution systems; and (vi) Other records containing information that if disclosed might jeopardize or compromise efforts to secure and protect the public water system or municipally owned utility system; (19) Records pertaining to the issuance, renewal, expiration, suspension, or revocation of a license to carry a concealed handgun, or a present or past licensee under § 5-73-301 et seq., including without limitation all records provided to or obtained by a local, state, or federal government or their officials, agents, or employees in the investigation of an applicant, licensee, or past licensee, and all records pertaining to a criminal or health history check conducted on the applicant, licensee, or past licensee except that: (A) Information or other records regarding an applicant, licensee, or past licensee may be released to a law enforcement agency to assist in a criminal investigation or prosecution or to determine the validity of or eligibility for a license; and (B) The name of an applicant, licensee, or past licensee may be released as contained in investigative or arrest reports of law enforcement that are subject to release as public records; (20) (A) Except as provided in subdivision (b)(20)(B) of this section, personal information of current and former public water system customers and municipally owned utility system customers, including without limitation: (i) Home and mobile telephone numbers; (ii) Personal email addresses; (iii) Home and business addressees; and (iv) Customer usage data. (B) Personal information of a current or former water system customer or municipally owned utility system customer may be disclosed to: (i) The current or former water system customer, who may receive his or her own information; (ii) A person who serves as the attorney, guardian, or other representative of the current or former water system customer, who may receive the information of his or her client, ward, or principal; (iii) A tenant of the current or former water system customer or municipally owned utility system customer, who may receive notice of pending termination of service; (iv) A federal or state office or agency for the purpose of participating in research being conducted by such federal or state office or agency, if the federal or state office or agency agrees to prohibit disclosure of the personal information; (v) For the purpose of facilitating a shared billing arrangement, a county, municipality, improvement district, urban service district, public utility, public facilities board, or public water authority that provides or provided a service to the current or former water system customer or municipally owned utility system customer; or (vi) An agent or vendor of the water system or municipally owned utility system that provides a billing or administrative service to the water system or municipally owned utility system provided that the agent or vendor and the water system or municipally owned utility system enter an agreement that prohibits disclosure by the agent or vendor of the water system or municipally owned utility system of the personal information of a current or former water system customer or municipally owned utility system customer to any other person; (21) Electronic data information maintained by a disaster recovery system; (22) The date of birth, home address, email address, phone number, and other contact information from county or municipal parks and recreation department records of a person who was under eighteen (18) years of age at the time of the request made under this section; (23) (A) Information related to taxes collected by particular entities under § 26-74-501 et seq.; the Advertising and Promotion Commission Act, § 26-75-601 et seq.; and § 26-75-701 et seq. (B) However, this exemption does not apply to information or other records regarding the total taxes collected under § 26-74-501 et seq.; the Advertising and Promotion Commission Act, § 26-75-601 et seq.; and § 26-75-701 et seq. in the county or municipality as a whole; (24) (A) Undisclosed and ongoing investigations by the Alcoholic Beverage Control Board, Alcoholic Beverage Control Division, or Alcoholic Beverage Control Enforcement Division. (B) Completed investigations by the Alcoholic Beverage Control Board, Alcoholic Beverage Control Division, or Alcoholic Beverage Control Enforcement Division or investigations by the Alcoholic Beverage Control Board, Alcoholic Beverage Control Division, or Alcoholic Beverage Control Enforcement Division that have been provided to the person or entity under investigation are subject to disclosure under this section; (25) (A) When the custodian is a governmental entity that has knowledge of the individual's assistance as described in this subdivision (b)(25)(A), information that could reasonably be used to identify an individual who is assisting or has assisted a governmental entity in one (1) or more investigations, whether open or closed, of matters that are criminal in nature, if disclosure of the individual's identity could reasonably be expected to endanger the life or physical safety of the individual or a member of the individual's family within the first degree of consanguinity and: (i) The individual is a confidential informant; (ii) The individual is a confidential source; or (iii) The individual's assistance is or was provided under the assurance of confidentiality. (B) As used in this subdivision (b)(25), "information that could reasonably be used to identify an individual" includes the following: (i) The individual's name; (ii) The individual's date of birth; (iii) A physical description of the individual that could reasonably be used to identify him or her; (iv) The individual's Social Security number, driver's license number, or other government-issued number specific to him or her; (v) The individual's work or personal contact information; and (vi) Any other information about the individual that could reasonably be used to identify the individual; (26) (A) Records, including analyses, investigations, studies, reports, recommendations, requests for proposals, drawings, diagrams, blueprints, and plans containing information relating to security for any medical marijuana cultivation facility, marijuana dispensary, or marijuana laboratory processor. (B) The records under subdivision (b)(26)(A) of this section include: (i) Risk and vulnerability assessments; (ii) Plans and proposals for preventing and mitigating security risks; (iii) Emergency response and recovery records; (iv) Security plans and procedures; (v) Plans and related information for generation, transmission, and distribution systems; and (vi) Other information that, if disclosed, would jeopardize or compromise efforts to secure and protect the security of a medical marijuana cultivation facility, marijuana dispensary, or marijuana laboratory processor; (27) (A) Ballots, other than sample ballots, unless otherwise ordered by a court of law. (B) Subdivision (b)(27)(A) of this section does not apply to a poll watcher during an election, who shall be allowed to inspect a voter statement and ballot while ensuring the secrecy of the vote is maintained and subject to reasonable restrictions prescribed by the State Board of Election Commissioners; and (28) Records that reflect the planning or provision of security services provided to the: (A) Governor; or (B) Lieutenant Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, members of the General Assembly, Justices of the Supreme Court, or Judges of the Court of Appeals. (c) (1) Notwithstanding subdivision (b)(12) of this section, all employee evaluation or job performance records, including preliminary notes and other materials, shall be open to public inspection only upon final administrative resolution of any suspension or termination proceeding at which the records form a basis for the decision to suspend or terminate the employee and if there is a compelling public interest in their disclosure. (2) Any personnel or evaluation records exempt from disclosure under this chapter shall nonetheless be made available to the person about whom the records are maintained or to that person's designated representative. (3) (A) Except as stated under subdivision (c)(4) of this section, upon receiving a request for the examination or copying of personnel or evaluation records, the custodian of the records shall determine within twenty-four (24) hours of the receipt of the request whether the records are exempt from disclosure and make efforts to the fullest extent possible to notify the person making the request and the subject of the records of that decision. (B) (i) If the subject of the records cannot be contacted in person or by telephone within the twenty-four-hour period, the custodian shall send written notice via overnight mail to the subject of the records at his or her last known address. Either the custodian, requester, or the subject of the records may, before the close of the Attorney General's office the following business day, seek an opinion from the Attorney General, who, within three (3) working days of receipt of the request, shall issue an opinion stating whether the decision is consistent with this chapter. (ii) In the event of a review by the Attorney General, the custodian shall not disclose the records until the Attorney General has issued his or her opinion. (C) However, nothing in this subsection shall be construed to prevent the requester or the subject of the records from seeking judicial review of the custodian's decision or the decision of the Attorney General. (4) If a request for public records seeks only the gross salary of a public employee or a set of public employees, then the: (A) Records custodian is not required to notify the public employee or set of public employees before disclosing the gross salary amount; and (B) Public employee whose gross salary is the subject of the request for public records is not entitled to seek an opinion from the Attorney General under subdivision (c)(3)(B) of this section. (d) (1) Reasonable access to public records and reasonable comforts and facilities for the full exercise of the right to inspect and copy, including without limitation copying through image capture, including still and moving photography and video and digital recording, those records shall not be denied to any citizen. (2) (A) Upon request and payment of a fee as provided in subdivision (d)(3) of this section, the custodian shall furnish copies of public records if the custodian has the necessary duplicating equipment. (B) A citizen may request a copy of a public record in any medium in which the record is readily available or in any format to which it is readily convertible with the custodian's existing software. (C) A custodian is not required to compile information or create a record in response to a request made under this section. (3) (A) (i) Except as provided in § 25-19-109 or by law, any fee for copies shall not exceed the actual costs of reproduction, including the costs of the medium of reproduction, supplies, equipment, and maintenance, but not including existing agency personnel time associated with searching for, retrieving, reviewing, or copying the records. (ii) The custodian may also charge the actual costs of mailing or transmitting the record by facsimile or other electronic means. (iii) If the estimated fee exceeds twenty-five dollars ($25.00), the custodian may require the requester to pay that fee in advance. (iv) Copies may be furnished without charge or at a reduced charge if the custodian determines that the records have been requested primarily for noncommercial purposes and that waiver or reduction of the fee is in the public interest. (v) Except as provided in § 25-19-109 , the custodian may not charge a fee for the requestor's inspection or copying, including without limitation copying through image capture, including still and moving photography and video and digital recording, of public records. (B) The custodian shall provide an itemized breakdown of charges under subdivision (d)(3)(A) of this section. (e) If a public record is in active use or storage and therefore not available at the time a citizen asks to examine it, the custodian shall certify this fact in writing to the applicant and set a date and hour within three (3) working days at which time the record will be available for the exercise of the right given by this chapter. (f) (1) No request to inspect, copy, or obtain copies of public records shall be denied on the ground that information exempt from disclosure is commingled with nonexempt information. (2) Any reasonably segregable portion of a record shall be provided after deletion of the exempt information. (3) The amount of information deleted shall be indicated on the released portion of the record and, if technically feasible, at the place in the record where the deletion was made. (4) If it is necessary to separate exempt from nonexempt information in order to permit a citizen to inspect, copy, including without limitation copying through image capture, including still and moving photography and video and digital recording, or obtain copies of public records, the custodian shall bear the cost of the separation. (g) Any computer hardware or software acquired by an entity subject to § 25-19-103(7)(A) after July 1, 2001, shall be in full compliance with the requirements of this section and shall not impede public access to records in electronic form. (h) Notwithstanding any Arkansas law to the contrary, at the conclusion of any investigation conducted by a state agency in pursuit of civil penalties against the subject of the investigation, any settlement agreement entered into by a state agency shall be deemed a public document for the purposes of this chapter. However, the provisions of this subsection shall not apply to any investigation or settlement agreement involving any state tax covered by the Arkansas Tax Procedure Act, § 26-18-101 et seq. Amended by Act 2023EX1, No. 7,§ 3, eff. 9/14/2023, app. to subdivision (b)(28)(A) retroactively to 6/1/2022. Amended by Act 2023, No. 879,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 879,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 36,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 727,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 658,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 310,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 310,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 310,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 310,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 1012,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 1034,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 568,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 392,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3585, eff. 7/1/2019. Amended by Act 2017, No. 711,§ 1, eff. 3/27/2017. Amended by Act 2015, No. 1102,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1015,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 881,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 186,§ 3, eff. 2/24/2015. Amended by Act 2013, No. 411,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 235,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 145,§ 1, eff. 2/22/2013. Acts 1967, No. 93, § 4; 1977, No. 652, § 2; A.S.A. 1947, § 12-2804; Acts 1987, No. 49, § 1; 1989 (3rd Ex. Sess.), No. 8, § 1; 1993, No. 895, § 1; 1997, No. 540, § 52; 1997, No. 873, § 1; 1997, No. 1335, § 1; 1999, No. 1093, § 1; 2001, No. 1259, § 1; 2001, No. 1336, § 1; 2001, No. 1653, § 2; 2003, No. 213, § 1; 2003, No. 275, § 2; 2003, No. 763, § 2; 2003, No. 1214, § 1; 2005, No. 259, § 2; 2005, No. 2003, § 1; 2007, No. 268, § 2; 2007, No. 726, §§ 1, 2; 2007, No. 998, § 2; 2009, No. 631, § 2; 2009, No. 1291, § 1; 2011, No. 99, § 2; 2011, No. 168, § 1.

(a) (1) (A) Except as otherwise specifically provided by this section or by laws specifically enacted to provide otherwise, all public records shall be open to inspection and copying, including without limitation copying through image capture, including still and moving photography and video and digital recording, by any citizen of the State of Arkansas during the regular business hours of the custodian of the records. (B) However, access to inspect and copy, including without limitation copying through image capture, including still and moving photography and video and digital recording, public records shall be denied to: (i) A person who at the time of the request has pleaded guilty to or been found guilty of a felony and is incarcerated in a correctional facility; and (ii) The representative of a person under subdivision (a)(1)(B)(i) of this section unless the representative is the person's attorney who is requesting information that is subject to disclosure under this section. (2) (A) A citizen may make a request to the custodian to inspect, copy, including without limitation through image capture, including still and moving photography and video and digital recording, or receive copies of public records. (B) The request may be made in person, by telephone, by mail, by facsimile transmission, by electronic mail, or by other electronic means provided by the custodian. (C) The request shall be sufficiently specific to enable the custodian to locate the records with reasonable effort. (3) A custodian shall respond as follows in writing within the time period required under this section to a written request for public records: (A) If no records exist that are responsive to the request, the custodian shall respond that no records exist; (B) If any responsive records that exist are subject to exemptions under this chapter or other law, the custodian shall respond and identify the applicable exemptions; and (C) If the custodian lacks administrative control over any responsive records that may exist, the custodian shall respond and identify the appropriate custodian to direct the request to, if known or readily ascertainable. (4) A custodian's response under subdivision (a)(3) of this section may be delivered by electronic mail. (5) If a custodian knowingly fails to respond as required under subdivision (a)(3) of this section, he or she shall be subject to the penalties in § 25-19-104 for a violation of this chapter. (6) The requirements of this subsection do not affect the obligation of a custodian to immediately provide to the requestor any responsive records not in active use or storage.

(1) (A) Except as otherwise specifically provided by this section or by laws specifically enacted to provide otherwise, all public records shall be open to inspection and copying, including without limitation copying through image capture, including still and moving photography and video and digital recording, by any citizen of the State of Arkansas during the regular business hours of the custodian of the records. (B) However, access to inspect and copy, including without limitation copying through image capture, including still and moving photography and video and digital recording, public records shall be denied to: (i) A person who at the time of the request has pleaded guilty to or been found guilty of a felony and is incarcerated in a correctional facility; and (ii) The representative of a person under subdivision (a)(1)(B)(i) of this section unless the representative is the person's attorney who is requesting information that is subject to disclosure under this section.

(A) Except as otherwise specifically provided by this section or by laws specifically enacted to provide otherwise, all public records shall be open to inspection and copying, including without limitation copying through image capture, including still and moving photography and video and digital recording, by any citizen of the State of Arkansas during the regular business hours of the custodian of the records.

(B) However, access to inspect and copy, including without limitation copying through image capture, including still and moving photography and video and digital recording, public records shall be denied to: (i) A person who at the time of the request has pleaded guilty to or been found guilty of a felony and is incarcerated in a correctional facility; and (ii) The representative of a person under subdivision (a)(1)(B)(i) of this section unless the representative is the person's attorney who is requesting information that is subject to disclosure under this section.

(i) A person who at the time of the request has pleaded guilty to or been found guilty of a felony and is incarcerated in a correctional facility; and

(ii) The representative of a person under subdivision (a)(1)(B)(i) of this section unless the representative is the person's attorney who is requesting information that is subject to disclosure under this section.

(2) (A) A citizen may make a request to the custodian to inspect, copy, including without limitation through image capture, including still and moving photography and video and digital recording, or receive copies of public records. (B) The request may be made in person, by telephone, by mail, by facsimile transmission, by electronic mail, or by other electronic means provided by the custodian. (C) The request shall be sufficiently specific to enable the custodian to locate the records with reasonable effort.

(A) A citizen may make a request to the custodian to inspect, copy, including without limitation through image capture, including still and moving photography and video and digital recording, or receive copies of public records.

(B) The request may be made in person, by telephone, by mail, by facsimile transmission, by electronic mail, or by other electronic means provided by the custodian.

(C) The request shall be sufficiently specific to enable the custodian to locate the records with reasonable effort.

(3) A custodian shall respond as follows in writing within the time period required under this section to a written request for public records: (A) If no records exist that are responsive to the request, the custodian shall respond that no records exist; (B) If any responsive records that exist are subject to exemptions under this chapter or other law, the custodian shall respond and identify the applicable exemptions; and (C) If the custodian lacks administrative control over any responsive records that may exist, the custodian shall respond and identify the appropriate custodian to direct the request to, if known or readily ascertainable.

(A) If no records exist that are responsive to the request, the custodian shall respond that no records exist;

(B) If any responsive records that exist are subject to exemptions under this chapter or other law, the custodian shall respond and identify the applicable exemptions; and

(C) If the custodian lacks administrative control over any responsive records that may exist, the custodian shall respond and identify the appropriate custodian to direct the request to, if known or readily ascertainable.

(4) A custodian's response under subdivision (a)(3) of this section may be delivered by electronic mail.

(5) If a custodian knowingly fails to respond as required under subdivision (a)(3) of this section, he or she shall be subject to the penalties in § 25-19-104 for a violation of this chapter.

(6) The requirements of this subsection do not affect the obligation of a custodian to immediately provide to the requestor any responsive records not in active use or storage.

(b) It is the specific intent of this section that the following shall not be deemed to be made open to the public under the provisions of this chapter: (1) State income tax records; (2) Medical records, adoption records, and education records as defined in the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g , unless their disclosure is consistent with the provisions of that act; (3) The site files and records maintained by the Arkansas Historic Preservation Program and the Arkansas Archeological Survey; (4) Grand jury minutes; (5) Unpublished drafts of judicial or quasi-judicial opinions and decisions; (6) Undisclosed investigations by law enforcement agencies of suspected criminal activity; (7) Unpublished memoranda, working papers, and correspondence of the Governor, members of the General Assembly, Supreme Court Justices, Court of Appeals Judges, and the Attorney General; (8) Documents that are protected from disclosure by order or rule of court; (9) (A) Files that if disclosed would give advantage to competitors or bidders; and (B) (i) Records maintained by the Arkansas Economic Development Commission related to any business entity's planning, site location, expansion, operations, or product development and marketing, unless approval for release of those records is granted by the business entity. (ii) However, this exemption shall not be applicable to any records of expenditures or grants made or administered by the commission and otherwise disclosable under the provisions of this chapter; (10) (A) The identities of law enforcement officers currently working undercover with their agencies and identified in the Arkansas Minimum Standards Office as undercover officers. (B) Records of the number of undercover officers and agency lists are not exempt from this chapter; (11) Records containing measures, procedures, instructions, or related data used to cause a computer or a computer system or network, including telecommunication networks or applications thereon, to perform security functions, including, but not limited to, passwords, personal identification numbers, transaction authorization mechanisms, and other means of preventing access to computers, computer systems or networks, or any data residing therein; (12) Personnel records to the extent that disclosure would constitute a clearly unwarranted invasion of personal privacy; (13) Personal contact information, including without limitation home or mobile telephone numbers, personal email addresses, and home addresses of nonelected state employees, nonelected municipal employees, nonelected school employees, and nonelected county employees contained in employer records, except that the custodian of the records shall verify an employee's city or county of residence or address on record upon request; (14) Materials, information, examinations, and answers to examinations utilized by boards and commissions for purposes of testing applicants for licensure by state boards or commissions; (15) Military service discharge records or DD Form 214, the Certificate of Release or Discharge from Active Duty of the United States Department of Defense, filed with the county recorder as provided under § 14-2-102 , for veterans discharged from service less than seventy (70) years from the current date; (16) Vulnerability assessments submitted by a public water system on or before June 30, 2004, to the Administrator of the United States Environmental Protection Agency for a period of ten (10) years from the date of submission; (17) [Repealed.] (18) (A) Records, including analyses, investigations, studies, reports, recommendations, requests for proposals, drawings, diagrams, blueprints, and plans containing information relating to security for any public water system or municipally owned utility system. (B) The records under subdivision (b)(18)(A) of this section include: (i) Risk and vulnerability assessments; (ii) Plans and proposals for preventing and mitigating security risks; (iii) Emergency response and recovery records; (iv) Security plans and procedures; (v) Plans and related information for generation, transmission, and distribution systems; and (vi) Other records containing information that if disclosed might jeopardize or compromise efforts to secure and protect the public water system or municipally owned utility system; (19) Records pertaining to the issuance, renewal, expiration, suspension, or revocation of a license to carry a concealed handgun, or a present or past licensee under § 5-73-301 et seq., including without limitation all records provided to or obtained by a local, state, or federal government or their officials, agents, or employees in the investigation of an applicant, licensee, or past licensee, and all records pertaining to a criminal or health history check conducted on the applicant, licensee, or past licensee except that: (A) Information or other records regarding an applicant, licensee, or past licensee may be released to a law enforcement agency to assist in a criminal investigation or prosecution or to determine the validity of or eligibility for a license; and (B) The name of an applicant, licensee, or past licensee may be released as contained in investigative or arrest reports of law enforcement that are subject to release as public records; (20) (A) Except as provided in subdivision (b)(20)(B) of this section, personal information of current and former public water system customers and municipally owned utility system customers, including without limitation: (i) Home and mobile telephone numbers; (ii) Personal email addresses; (iii) Home and business addressees; and (iv) Customer usage data. (B) Personal information of a current or former water system customer or municipally owned utility system customer may be disclosed to: (i) The current or former water system customer, who may receive his or her own information; (ii) A person who serves as the attorney, guardian, or other representative of the current or former water system customer, who may receive the information of his or her client, ward, or principal; (iii) A tenant of the current or former water system customer or municipally owned utility system customer, who may receive notice of pending termination of service; (iv) A federal or state office or agency for the purpose of participating in research being conducted by such federal or state office or agency, if the federal or state office or agency agrees to prohibit disclosure of the personal information; (v) For the purpose of facilitating a shared billing arrangement, a county, municipality, improvement district, urban service district, public utility, public facilities board, or public water authority that provides or provided a service to the current or former water system customer or municipally owned utility system customer; or (vi) An agent or vendor of the water system or municipally owned utility system that provides a billing or administrative service to the water system or municipally owned utility system provided that the agent or vendor and the water system or municipally owned utility system enter an agreement that prohibits disclosure by the agent or vendor of the water system or municipally owned utility system of the personal information of a current or former water system customer or municipally owned utility system customer to any other person; (21) Electronic data information maintained by a disaster recovery system; (22) The date of birth, home address, email address, phone number, and other contact information from county or municipal parks and recreation department records of a person who was under eighteen (18) years of age at the time of the request made under this section; (23) (A) Information related to taxes collected by particular entities under § 26-74-501 et seq.; the Advertising and Promotion Commission Act, § 26-75-601 et seq.; and § 26-75-701 et seq. (B) However, this exemption does not apply to information or other records regarding the total taxes collected under § 26-74-501 et seq.; the Advertising and Promotion Commission Act, § 26-75-601 et seq.; and § 26-75-701 et seq. in the county or municipality as a whole; (24) (A) Undisclosed and ongoing investigations by the Alcoholic Beverage Control Board, Alcoholic Beverage Control Division, or Alcoholic Beverage Control Enforcement Division. (B) Completed investigations by the Alcoholic Beverage Control Board, Alcoholic Beverage Control Division, or Alcoholic Beverage Control Enforcement Division or investigations by the Alcoholic Beverage Control Board, Alcoholic Beverage Control Division, or Alcoholic Beverage Control Enforcement Division that have been provided to the person or entity under investigation are subject to disclosure under this section; (25) (A) When the custodian is a governmental entity that has knowledge of the individual's assistance as described in this subdivision (b)(25)(A), information that could reasonably be used to identify an individual who is assisting or has assisted a governmental entity in one (1) or more investigations, whether open or closed, of matters that are criminal in nature, if disclosure of the individual's identity could reasonably be expected to endanger the life or physical safety of the individual or a member of the individual's family within the first degree of consanguinity and: (i) The individual is a confidential informant; (ii) The individual is a confidential source; or (iii) The individual's assistance is or was provided under the assurance of confidentiality. (B) As used in this subdivision (b)(25), "information that could reasonably be used to identify an individual" includes the following: (i) The individual's name; (ii) The individual's date of birth; (iii) A physical description of the individual that could reasonably be used to identify him or her; (iv) The individual's Social Security number, driver's license number, or other government-issued number specific to him or her; (v) The individual's work or personal contact information; and (vi) Any other information about the individual that could reasonably be used to identify the individual; (26) (A) Records, including analyses, investigations, studies, reports, recommendations, requests for proposals, drawings, diagrams, blueprints, and plans containing information relating to security for any medical marijuana cultivation facility, marijuana dispensary, or marijuana laboratory processor. (B) The records under subdivision (b)(26)(A) of this section include: (i) Risk and vulnerability assessments; (ii) Plans and proposals for preventing and mitigating security risks; (iii) Emergency response and recovery records; (iv) Security plans and procedures; (v) Plans and related information for generation, transmission, and distribution systems; and (vi) Other information that, if disclosed, would jeopardize or compromise efforts to secure and protect the security of a medical marijuana cultivation facility, marijuana dispensary, or marijuana laboratory processor; (27) (A) Ballots, other than sample ballots, unless otherwise ordered by a court of law. (B) Subdivision (b)(27)(A) of this section does not apply to a poll watcher during an election, who shall be allowed to inspect a voter statement and ballot while ensuring the secrecy of the vote is maintained and subject to reasonable restrictions prescribed by the State Board of Election Commissioners; and (28) Records that reflect the planning or provision of security services provided to the: (A) Governor; or (B) Lieutenant Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, members of the General Assembly, Justices of the Supreme Court, or Judges of the Court of Appeals.

(1) State income tax records;

(2) Medical records, adoption records, and education records as defined in the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g , unless their disclosure is consistent with the provisions of that act;

(3) The site files and records maintained by the Arkansas Historic Preservation Program and the Arkansas Archeological Survey;

(4) Grand jury minutes;

(5) Unpublished drafts of judicial or quasi-judicial opinions and decisions;

(6) Undisclosed investigations by law enforcement agencies of suspected criminal activity;

(7) Unpublished memoranda, working papers, and correspondence of the Governor, members of the General Assembly, Supreme Court Justices, Court of Appeals Judges, and the Attorney General;

(8) Documents that are protected from disclosure by order or rule of court;

(9) (A) Files that if disclosed would give advantage to competitors or bidders; and (B) (i) Records maintained by the Arkansas Economic Development Commission related to any business entity's planning, site location, expansion, operations, or product development and marketing, unless approval for release of those records is granted by the business entity. (ii) However, this exemption shall not be applicable to any records of expenditures or grants made or administered by the commission and otherwise disclosable under the provisions of this chapter;

(A) Files that if disclosed would give advantage to competitors or bidders; and

(B) (i) Records maintained by the Arkansas Economic Development Commission related to any business entity's planning, site location, expansion, operations, or product development and marketing, unless approval for release of those records is granted by the business entity. (ii) However, this exemption shall not be applicable to any records of expenditures or grants made or administered by the commission and otherwise disclosable under the provisions of this chapter;

(i) Records maintained by the Arkansas Economic Development Commission related to any business entity's planning, site location, expansion, operations, or product development and marketing, unless approval for release of those records is granted by the business entity.

(ii) However, this exemption shall not be applicable to any records of expenditures or grants made or administered by the commission and otherwise disclosable under the provisions of this chapter;

(10) (A) The identities of law enforcement officers currently working undercover with their agencies and identified in the Arkansas Minimum Standards Office as undercover officers. (B) Records of the number of undercover officers and agency lists are not exempt from this chapter;

(A) The identities of law enforcement officers currently working undercover with their agencies and identified in the Arkansas Minimum Standards Office as undercover officers.

(B) Records of the number of undercover officers and agency lists are not exempt from this chapter;

(11) Records containing measures, procedures, instructions, or related data used to cause a computer or a computer system or network, including telecommunication networks or applications thereon, to perform security functions, including, but not limited to, passwords, personal identification numbers, transaction authorization mechanisms, and other means of preventing access to computers, computer systems or networks, or any data residing therein;

(12) Personnel records to the extent that disclosure would constitute a clearly unwarranted invasion of personal privacy;

(13) Personal contact information, including without limitation home or mobile telephone numbers, personal email addresses, and home addresses of nonelected state employees, nonelected municipal employees, nonelected school employees, and nonelected county employees contained in employer records, except that the custodian of the records shall verify an employee's city or county of residence or address on record upon request;

(14) Materials, information, examinations, and answers to examinations utilized by boards and commissions for purposes of testing applicants for licensure by state boards or commissions;

(15) Military service discharge records or DD Form 214, the Certificate of Release or Discharge from Active Duty of the United States Department of Defense, filed with the county recorder as provided under § 14-2-102 , for veterans discharged from service less than seventy (70) years from the current date;

(16) Vulnerability assessments submitted by a public water system on or before June 30, 2004, to the Administrator of the United States Environmental Protection Agency for a period of ten (10) years from the date of submission;

(17) [Repealed.]

(18) (A) Records, including analyses, investigations, studies, reports, recommendations, requests for proposals, drawings, diagrams, blueprints, and plans containing information relating to security for any public water system or municipally owned utility system. (B) The records under subdivision (b)(18)(A) of this section include: (i) Risk and vulnerability assessments; (ii) Plans and proposals for preventing and mitigating security risks; (iii) Emergency response and recovery records; (iv) Security plans and procedures; (v) Plans and related information for generation, transmission, and distribution systems; and (vi) Other records containing information that if disclosed might jeopardize or compromise efforts to secure and protect the public water system or municipally owned utility system;

(A) Records, including analyses, investigations, studies, reports, recommendations, requests for proposals, drawings, diagrams, blueprints, and plans containing information relating to security for any public water system or municipally owned utility system.

(B) The records under subdivision (b)(18)(A) of this section include: (i) Risk and vulnerability assessments; (ii) Plans and proposals for preventing and mitigating security risks; (iii) Emergency response and recovery records; (iv) Security plans and procedures; (v) Plans and related information for generation, transmission, and distribution systems; and (vi) Other records containing information that if disclosed might jeopardize or compromise efforts to secure and protect the public water system or municipally owned utility system;

(i) Risk and vulnerability assessments;

(ii) Plans and proposals for preventing and mitigating security risks;

(iii) Emergency response and recovery records;

(iv) Security plans and procedures;

(v) Plans and related information for generation, transmission, and distribution systems; and

(vi) Other records containing information that if disclosed might jeopardize or compromise efforts to secure and protect the public water system or municipally owned utility system;

(19) Records pertaining to the issuance, renewal, expiration, suspension, or revocation of a license to carry a concealed handgun, or a present or past licensee under § 5-73-301 et seq., including without limitation all records provided to or obtained by a local, state, or federal government or their officials, agents, or employees in the investigation of an applicant, licensee, or past licensee, and all records pertaining to a criminal or health history check conducted on the applicant, licensee, or past licensee except that: (A) Information or other records regarding an applicant, licensee, or past licensee may be released to a law enforcement agency to assist in a criminal investigation or prosecution or to determine the validity of or eligibility for a license; and (B) The name of an applicant, licensee, or past licensee may be released as contained in investigative or arrest reports of law enforcement that are subject to release as public records;

(A) Information or other records regarding an applicant, licensee, or past licensee may be released to a law enforcement agency to assist in a criminal investigation or prosecution or to determine the validity of or eligibility for a license; and

(B) The name of an applicant, licensee, or past licensee may be released as contained in investigative or arrest reports of law enforcement that are subject to release as public records;

(20) (A) Except as provided in subdivision (b)(20)(B) of this section, personal information of current and former public water system customers and municipally owned utility system customers, including without limitation: (i) Home and mobile telephone numbers; (ii) Personal email addresses; (iii) Home and business addressees; and (iv) Customer usage data. (B) Personal information of a current or former water system customer or municipally owned utility system customer may be disclosed to: (i) The current or former water system customer, who may receive his or her own information; (ii) A person who serves as the attorney, guardian, or other representative of the current or former water system customer, who may receive the information of his or her client, ward, or principal; (iii) A tenant of the current or former water system customer or municipally owned utility system customer, who may receive notice of pending termination of service; (iv) A federal or state office or agency for the purpose of participating in research being conducted by such federal or state office or agency, if the federal or state office or agency agrees to prohibit disclosure of the personal information; (v) For the purpose of facilitating a shared billing arrangement, a county, municipality, improvement district, urban service district, public utility, public facilities board, or public water authority that provides or provided a service to the current or former water system customer or municipally owned utility system customer; or (vi) An agent or vendor of the water system or municipally owned utility system that provides a billing or administrative service to the water system or municipally owned utility system provided that the agent or vendor and the water system or municipally owned utility system enter an agreement that prohibits disclosure by the agent or vendor of the water system or municipally owned utility system of the personal information of a current or former water system customer or municipally owned utility system customer to any other person;

(A) Except as provided in subdivision (b)(20)(B) of this section, personal information of current and former public water system customers and municipally owned utility system customers, including without limitation: (i) Home and mobile telephone numbers; (ii) Personal email addresses; (iii) Home and business addressees; and (iv) Customer usage data.

(i) Home and mobile telephone numbers;

(ii) Personal email addresses;

(iii) Home and business addressees; and

(iv) Customer usage data.

(B) Personal information of a current or former water system customer or municipally owned utility system customer may be disclosed to: (i) The current or former water system customer, who may receive his or her own information; (ii) A person who serves as the attorney, guardian, or other representative of the current or former water system customer, who may receive the information of his or her client, ward, or principal; (iii) A tenant of the current or former water system customer or municipally owned utility system customer, who may receive notice of pending termination of service; (iv) A federal or state office or agency for the purpose of participating in research being conducted by such federal or state office or agency, if the federal or state office or agency agrees to prohibit disclosure of the personal information; (v) For the purpose of facilitating a shared billing arrangement, a county, municipality, improvement district, urban service district, public utility, public facilities board, or public water authority that provides or provided a service to the current or former water system customer or municipally owned utility system customer; or (vi) An agent or vendor of the water system or municipally owned utility system that provides a billing or administrative service to the water system or municipally owned utility system provided that the agent or vendor and the water system or municipally owned utility system enter an agreement that prohibits disclosure by the agent or vendor of the water system or municipally owned utility system of the personal information of a current or former water system customer or municipally owned utility system customer to any other person;

(i) The current or former water system customer, who may receive his or her own information;

(ii) A person who serves as the attorney, guardian, or other representative of the current or former water system customer, who may receive the information of his or her client, ward, or principal;

(iii) A tenant of the current or former water system customer or municipally owned utility system customer, who may receive notice of pending termination of service;

(iv) A federal or state office or agency for the purpose of participating in research being conducted by such federal or state office or agency, if the federal or state office or agency agrees to prohibit disclosure of the personal information;

(v) For the purpose of facilitating a shared billing arrangement, a county, municipality, improvement district, urban service district, public utility, public facilities board, or public water authority that provides or provided a service to the current or former water system customer or municipally owned utility system customer; or

(vi) An agent or vendor of the water system or municipally owned utility system that provides a billing or administrative service to the water system or municipally owned utility system provided that the agent or vendor and the water system or municipally owned utility system enter an agreement that prohibits disclosure by the agent or vendor of the water system or municipally owned utility system of the personal information of a current or former water system customer or municipally owned utility system customer to any other person;

(21) Electronic data information maintained by a disaster recovery system;

(22) The date of birth, home address, email address, phone number, and other contact information from county or municipal parks and recreation department records of a person who was under eighteen (18) years of age at the time of the request made under this section;

(23) (A) Information related to taxes collected by particular entities under § 26-74-501 et seq.; the Advertising and Promotion Commission Act, § 26-75-601 et seq.; and § 26-75-701 et seq. (B) However, this exemption does not apply to information or other records regarding the total taxes collected under § 26-74-501 et seq.; the Advertising and Promotion Commission Act, § 26-75-601 et seq.; and § 26-75-701 et seq. in the county or municipality as a whole;

(A) Information related to taxes collected by particular entities under § 26-74-501 et seq.; the Advertising and Promotion Commission Act, § 26-75-601 et seq.; and § 26-75-701 et seq.

(B) However, this exemption does not apply to information or other records regarding the total taxes collected under § 26-74-501 et seq.; the Advertising and Promotion Commission Act, § 26-75-601 et seq.; and § 26-75-701 et seq. in the county or municipality as a whole;

(24) (A) Undisclosed and ongoing investigations by the Alcoholic Beverage Control Board, Alcoholic Beverage Control Division, or Alcoholic Beverage Control Enforcement Division. (B) Completed investigations by the Alcoholic Beverage Control Board, Alcoholic Beverage Control Division, or Alcoholic Beverage Control Enforcement Division or investigations by the Alcoholic Beverage Control Board, Alcoholic Beverage Control Division, or Alcoholic Beverage Control Enforcement Division that have been provided to the person or entity under investigation are subject to disclosure under this section;

(A) Undisclosed and ongoing investigations by the Alcoholic Beverage Control Board, Alcoholic Beverage Control Division, or Alcoholic Beverage Control Enforcement Division.

(B) Completed investigations by the Alcoholic Beverage Control Board, Alcoholic Beverage Control Division, or Alcoholic Beverage Control Enforcement Division or investigations by the Alcoholic Beverage Control Board, Alcoholic Beverage Control Division, or Alcoholic Beverage Control Enforcement Division that have been provided to the person or entity under investigation are subject to disclosure under this section;

(25) (A) When the custodian is a governmental entity that has knowledge of the individual's assistance as described in this subdivision (b)(25)(A), information that could reasonably be used to identify an individual who is assisting or has assisted a governmental entity in one (1) or more investigations, whether open or closed, of matters that are criminal in nature, if disclosure of the individual's identity could reasonably be expected to endanger the life or physical safety of the individual or a member of the individual's family within the first degree of consanguinity and: (i) The individual is a confidential informant; (ii) The individual is a confidential source; or (iii) The individual's assistance is or was provided under the assurance of confidentiality. (B) As used in this subdivision (b)(25), "information that could reasonably be used to identify an individual" includes the following: (i) The individual's name; (ii) The individual's date of birth; (iii) A physical description of the individual that could reasonably be used to identify him or her; (iv) The individual's Social Security number, driver's license number, or other government-issued number specific to him or her; (v) The individual's work or personal contact information; and (vi) Any other information about the individual that could reasonably be used to identify the individual;

(A) When the custodian is a governmental entity that has knowledge of the individual's assistance as described in this subdivision (b)(25)(A), information that could reasonably be used to identify an individual who is assisting or has assisted a governmental entity in one (1) or more investigations, whether open or closed, of matters that are criminal in nature, if disclosure of the individual's identity could reasonably be expected to endanger the life or physical safety of the individual or a member of the individual's family within the first degree of consanguinity and: (i) The individual is a confidential informant; (ii) The individual is a confidential source; or (iii) The individual's assistance is or was provided under the assurance of confidentiality.

(i) The individual is a confidential informant;

(ii) The individual is a confidential source; or

(iii) The individual's assistance is or was provided under the assurance of confidentiality.

(B) As used in this subdivision (b)(25), "information that could reasonably be used to identify an individual" includes the following: (i) The individual's name; (ii) The individual's date of birth; (iii) A physical description of the individual that could reasonably be used to identify him or her; (iv) The individual's Social Security number, driver's license number, or other government-issued number specific to him or her; (v) The individual's work or personal contact information; and (vi) Any other information about the individual that could reasonably be used to identify the individual;

(i) The individual's name;

(ii) The individual's date of birth;

(iii) A physical description of the individual that could reasonably be used to identify him or her;

(iv) The individual's Social Security number, driver's license number, or other government-issued number specific to him or her;

(v) The individual's work or personal contact information; and

(vi) Any other information about the individual that could reasonably be used to identify the individual;

(26) (A) Records, including analyses, investigations, studies, reports, recommendations, requests for proposals, drawings, diagrams, blueprints, and plans containing information relating to security for any medical marijuana cultivation facility, marijuana dispensary, or marijuana laboratory processor. (B) The records under subdivision (b)(26)(A) of this section include: (i) Risk and vulnerability assessments; (ii) Plans and proposals for preventing and mitigating security risks; (iii) Emergency response and recovery records; (iv) Security plans and procedures; (v) Plans and related information for generation, transmission, and distribution systems; and (vi) Other information that, if disclosed, would jeopardize or compromise efforts to secure and protect the security of a medical marijuana cultivation facility, marijuana dispensary, or marijuana laboratory processor;

(A) Records, including analyses, investigations, studies, reports, recommendations, requests for proposals, drawings, diagrams, blueprints, and plans containing information relating to security for any medical marijuana cultivation facility, marijuana dispensary, or marijuana laboratory processor.

(B) The records under subdivision (b)(26)(A) of this section include: (i) Risk and vulnerability assessments; (ii) Plans and proposals for preventing and mitigating security risks; (iii) Emergency response and recovery records; (iv) Security plans and procedures; (v) Plans and related information for generation, transmission, and distribution systems; and (vi) Other information that, if disclosed, would jeopardize or compromise efforts to secure and protect the security of a medical marijuana cultivation facility, marijuana dispensary, or marijuana laboratory processor;

(i) Risk and vulnerability assessments;

(ii) Plans and proposals for preventing and mitigating security risks;

(iii) Emergency response and recovery records;

(iv) Security plans and procedures;

(v) Plans and related information for generation, transmission, and distribution systems; and

(vi) Other information that, if disclosed, would jeopardize or compromise efforts to secure and protect the security of a medical marijuana cultivation facility, marijuana dispensary, or marijuana laboratory processor;

(27) (A) Ballots, other than sample ballots, unless otherwise ordered by a court of law. (B) Subdivision (b)(27)(A) of this section does not apply to a poll watcher during an election, who shall be allowed to inspect a voter statement and ballot while ensuring the secrecy of the vote is maintained and subject to reasonable restrictions prescribed by the State Board of Election Commissioners; and

(A) Ballots, other than sample ballots, unless otherwise ordered by a court of law.

(B) Subdivision (b)(27)(A) of this section does not apply to a poll watcher during an election, who shall be allowed to inspect a voter statement and ballot while ensuring the secrecy of the vote is maintained and subject to reasonable restrictions prescribed by the State Board of Election Commissioners; and

(28) Records that reflect the planning or provision of security services provided to the: (A) Governor; or (B) Lieutenant Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, members of the General Assembly, Justices of the Supreme Court, or Judges of the Court of Appeals.

(A) Governor; or

(B) Lieutenant Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, members of the General Assembly, Justices of the Supreme Court, or Judges of the Court of Appeals.

(c) (1) Notwithstanding subdivision (b)(12) of this section, all employee evaluation or job performance records, including preliminary notes and other materials, shall be open to public inspection only upon final administrative resolution of any suspension or termination proceeding at which the records form a basis for the decision to suspend or terminate the employee and if there is a compelling public interest in their disclosure. (2) Any personnel or evaluation records exempt from disclosure under this chapter shall nonetheless be made available to the person about whom the records are maintained or to that person's designated representative. (3) (A) Except as stated under subdivision (c)(4) of this section, upon receiving a request for the examination or copying of personnel or evaluation records, the custodian of the records shall determine within twenty-four (24) hours of the receipt of the request whether the records are exempt from disclosure and make efforts to the fullest extent possible to notify the person making the request and the subject of the records of that decision. (B) (i) If the subject of the records cannot be contacted in person or by telephone within the twenty-four-hour period, the custodian shall send written notice via overnight mail to the subject of the records at his or her last known address. Either the custodian, requester, or the subject of the records may, before the close of the Attorney General's office the following business day, seek an opinion from the Attorney General, who, within three (3) working days of receipt of the request, shall issue an opinion stating whether the decision is consistent with this chapter. (ii) In the event of a review by the Attorney General, the custodian shall not disclose the records until the Attorney General has issued his or her opinion. (C) However, nothing in this subsection shall be construed to prevent the requester or the subject of the records from seeking judicial review of the custodian's decision or the decision of the Attorney General. (4) If a request for public records seeks only the gross salary of a public employee or a set of public employees, then the: (A) Records custodian is not required to notify the public employee or set of public employees before disclosing the gross salary amount; and (B) Public employee whose gross salary is the subject of the request for public records is not entitled to seek an opinion from the Attorney General under subdivision (c)(3)(B) of this section.

(1) Notwithstanding subdivision (b)(12) of this section, all employee evaluation or job performance records, including preliminary notes and other materials, shall be open to public inspection only upon final administrative resolution of any suspension or termination proceeding at which the records form a basis for the decision to suspend or terminate the employee and if there is a compelling public interest in their disclosure.

(2) Any personnel or evaluation records exempt from disclosure under this chapter shall nonetheless be made available to the person about whom the records are maintained or to that person's designated representative.

(3) (A) Except as stated under subdivision (c)(4) of this section, upon receiving a request for the examination or copying of personnel or evaluation records, the custodian of the records shall determine within twenty-four (24) hours of the receipt of the request whether the records are exempt from disclosure and make efforts to the fullest extent possible to notify the person making the request and the subject of the records of that decision. (B) (i) If the subject of the records cannot be contacted in person or by telephone within the twenty-four-hour period, the custodian shall send written notice via overnight mail to the subject of the records at his or her last known address. Either the custodian, requester, or the subject of the records may, before the close of the Attorney General's office the following business day, seek an opinion from the Attorney General, who, within three (3) working days of receipt of the request, shall issue an opinion stating whether the decision is consistent with this chapter. (ii) In the event of a review by the Attorney General, the custodian shall not disclose the records until the Attorney General has issued his or her opinion. (C) However, nothing in this subsection shall be construed to prevent the requester or the subject of the records from seeking judicial review of the custodian's decision or the decision of the Attorney General.

(A) Except as stated under subdivision (c)(4) of this section, upon receiving a request for the examination or copying of personnel or evaluation records, the custodian of the records shall determine within twenty-four (24) hours of the receipt of the request whether the records are exempt from disclosure and make efforts to the fullest extent possible to notify the person making the request and the subject of the records of that decision.

(B) (i) If the subject of the records cannot be contacted in person or by telephone within the twenty-four-hour period, the custodian shall send written notice via overnight mail to the subject of the records at his or her last known address. Either the custodian, requester, or the subject of the records may, before the close of the Attorney General's office the following business day, seek an opinion from the Attorney General, who, within three (3) working days of receipt of the request, shall issue an opinion stating whether the decision is consistent with this chapter. (ii) In the event of a review by the Attorney General, the custodian shall not disclose the records until the Attorney General has issued his or her opinion.

(i) If the subject of the records cannot be contacted in person or by telephone within the twenty-four-hour period, the custodian shall send written notice via overnight mail to the subject of the records at his or her last known address. Either the custodian, requester, or the subject of the records may, before the close of the Attorney General's office the following business day, seek an opinion from the Attorney General, who, within three (3) working days of receipt of the request, shall issue an opinion stating whether the decision is consistent with this chapter.

(ii) In the event of a review by the Attorney General, the custodian shall not disclose the records until the Attorney General has issued his or her opinion.

(C) However, nothing in this subsection shall be construed to prevent the requester or the subject of the records from seeking judicial review of the custodian's decision or the decision of the Attorney General.

(4) If a request for public records seeks only the gross salary of a public employee or a set of public employees, then the: (A) Records custodian is not required to notify the public employee or set of public employees before disclosing the gross salary amount; and (B) Public employee whose gross salary is the subject of the request for public records is not entitled to seek an opinion from the Attorney General under subdivision (c)(3)(B) of this section.

(A) Records custodian is not required to notify the public employee or set of public employees before disclosing the gross salary amount; and

(B) Public employee whose gross salary is the subject of the request for public records is not entitled to seek an opinion from the Attorney General under subdivision (c)(3)(B) of this section.

(d) (1) Reasonable access to public records and reasonable comforts and facilities for the full exercise of the right to inspect and copy, including without limitation copying through image capture, including still and moving photography and video and digital recording, those records shall not be denied to any citizen. (2) (A) Upon request and payment of a fee as provided in subdivision (d)(3) of this section, the custodian shall furnish copies of public records if the custodian has the necessary duplicating equipment. (B) A citizen may request a copy of a public record in any medium in which the record is readily available or in any format to which it is readily convertible with the custodian's existing software. (C) A custodian is not required to compile information or create a record in response to a request made under this section. (3) (A) (i) Except as provided in § 25-19-109 or by law, any fee for copies shall not exceed the actual costs of reproduction, including the costs of the medium of reproduction, supplies, equipment, and maintenance, but not including existing agency personnel time associated with searching for, retrieving, reviewing, or copying the records. (ii) The custodian may also charge the actual costs of mailing or transmitting the record by facsimile or other electronic means. (iii) If the estimated fee exceeds twenty-five dollars ($25.00), the custodian may require the requester to pay that fee in advance. (iv) Copies may be furnished without charge or at a reduced charge if the custodian determines that the records have been requested primarily for noncommercial purposes and that waiver or reduction of the fee is in the public interest. (v) Except as provided in § 25-19-109 , the custodian may not charge a fee for the requestor's inspection or copying, including without limitation copying through image capture, including still and moving photography and video and digital recording, of public records. (B) The custodian shall provide an itemized breakdown of charges under subdivision (d)(3)(A) of this section.

(1) Reasonable access to public records and reasonable comforts and facilities for the full exercise of the right to inspect and copy, including without limitation copying through image capture, including still and moving photography and video and digital recording, those records shall not be denied to any citizen.

(2) (A) Upon request and payment of a fee as provided in subdivision (d)(3) of this section, the custodian shall furnish copies of public records if the custodian has the necessary duplicating equipment. (B) A citizen may request a copy of a public record in any medium in which the record is readily available or in any format to which it is readily convertible with the custodian's existing software. (C) A custodian is not required to compile information or create a record in response to a request made under this section.

(A) Upon request and payment of a fee as provided in subdivision (d)(3) of this section, the custodian shall furnish copies of public records if the custodian has the necessary duplicating equipment.

(B) A citizen may request a copy of a public record in any medium in which the record is readily available or in any format to which it is readily convertible with the custodian's existing software.

(C) A custodian is not required to compile information or create a record in response to a request made under this section.

(3) (A) (i) Except as provided in § 25-19-109 or by law, any fee for copies shall not exceed the actual costs of reproduction, including the costs of the medium of reproduction, supplies, equipment, and maintenance, but not including existing agency personnel time associated with searching for, retrieving, reviewing, or copying the records. (ii) The custodian may also charge the actual costs of mailing or transmitting the record by facsimile or other electronic means. (iii) If the estimated fee exceeds twenty-five dollars ($25.00), the custodian may require the requester to pay that fee in advance. (iv) Copies may be furnished without charge or at a reduced charge if the custodian determines that the records have been requested primarily for noncommercial purposes and that waiver or reduction of the fee is in the public interest. (v) Except as provided in § 25-19-109 , the custodian may not charge a fee for the requestor's inspection or copying, including without limitation copying through image capture, including still and moving photography and video and digital recording, of public records. (B) The custodian shall provide an itemized breakdown of charges under subdivision (d)(3)(A) of this section.

(A) (i) Except as provided in § 25-19-109 or by law, any fee for copies shall not exceed the actual costs of reproduction, including the costs of the medium of reproduction, supplies, equipment, and maintenance, but not including existing agency personnel time associated with searching for, retrieving, reviewing, or copying the records. (ii) The custodian may also charge the actual costs of mailing or transmitting the record by facsimile or other electronic means. (iii) If the estimated fee exceeds twenty-five dollars ($25.00), the custodian may require the requester to pay that fee in advance. (iv) Copies may be furnished without charge or at a reduced charge if the custodian determines that the records have been requested primarily for noncommercial purposes and that waiver or reduction of the fee is in the public interest. (v) Except as provided in § 25-19-109 , the custodian may not charge a fee for the requestor's inspection or copying, including without limitation copying through image capture, including still and moving photography and video and digital recording, of public records.

(i) Except as provided in § 25-19-109 or by law, any fee for copies shall not exceed the actual costs of reproduction, including the costs of the medium of reproduction, supplies, equipment, and maintenance, but not including existing agency personnel time associated with searching for, retrieving, reviewing, or copying the records.

(ii) The custodian may also charge the actual costs of mailing or transmitting the record by facsimile or other electronic means.

(iii) If the estimated fee exceeds twenty-five dollars ($25.00), the custodian may require the requester to pay that fee in advance.

(iv) Copies may be furnished without charge or at a reduced charge if the custodian determines that the records have been requested primarily for noncommercial purposes and that waiver or reduction of the fee is in the public interest.

(v) Except as provided in § 25-19-109 , the custodian may not charge a fee for the requestor's inspection or copying, including without limitation copying through image capture, including still and moving photography and video and digital recording, of public records.

(B) The custodian shall provide an itemized breakdown of charges under subdivision (d)(3)(A) of this section.

(e) If a public record is in active use or storage and therefore not available at the time a citizen asks to examine it, the custodian shall certify this fact in writing to the applicant and set a date and hour within three (3) working days at which time the record will be available for the exercise of the right given by this chapter.

(f) (1) No request to inspect, copy, or obtain copies of public records shall be denied on the ground that information exempt from disclosure is commingled with nonexempt information. (2) Any reasonably segregable portion of a record shall be provided after deletion of the exempt information. (3) The amount of information deleted shall be indicated on the released portion of the record and, if technically feasible, at the place in the record where the deletion was made. (4) If it is necessary to separate exempt from nonexempt information in order to permit a citizen to inspect, copy, including without limitation copying through image capture, including still and moving photography and video and digital recording, or obtain copies of public records, the custodian shall bear the cost of the separation.

(1) No request to inspect, copy, or obtain copies of public records shall be denied on the ground that information exempt from disclosure is commingled with nonexempt information.

(2) Any reasonably segregable portion of a record shall be provided after deletion of the exempt information.

(3) The amount of information deleted shall be indicated on the released portion of the record and, if technically feasible, at the place in the record where the deletion was made.

(4) If it is necessary to separate exempt from nonexempt information in order to permit a citizen to inspect, copy, including without limitation copying through image capture, including still and moving photography and video and digital recording, or obtain copies of public records, the custodian shall bear the cost of the separation.

(g) Any computer hardware or software acquired by an entity subject to § 25-19-103(7)(A) after July 1, 2001, shall be in full compliance with the requirements of this section and shall not impede public access to records in electronic form.

(h) Notwithstanding any Arkansas law to the contrary, at the conclusion of any investigation conducted by a state agency in pursuit of civil penalties against the subject of the investigation, any settlement agreement entered into by a state agency shall be deemed a public document for the purposes of this chapter. However, the provisions of this subsection shall not apply to any investigation or settlement agreement involving any state tax covered by the Arkansas Tax Procedure Act, § 26-18-101 et seq.

Amended by Act 2023EX1, No. 7,§ 3, eff. 9/14/2023, app. to subdivision (b)(28)(A) retroactively to 6/1/2022.

Amended by Act 2023, No. 879,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 879,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 36,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 727,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 658,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 310,§ 5, eff. 7/28/2021.

Amended by Act 2021, No. 310,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 310,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 310,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 1012,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 1034,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 568,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 392,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3585, eff. 7/1/2019.

Amended by Act 2017, No. 711,§ 1, eff. 3/27/2017.

Amended by Act 2015, No. 1102,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 1015,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 881,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 186,§ 3, eff. 2/24/2015.

Amended by Act 2013, No. 411,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 235,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 145,§ 1, eff. 2/22/2013.

Acts 1967, No. 93, § 4; 1977, No. 652, § 2; A.S.A. 1947, § 12-2804; Acts 1987, No. 49, § 1; 1989 (3rd Ex. Sess.), No. 8, § 1; 1993, No. 895, § 1; 1997, No. 540, § 52; 1997, No. 873, § 1; 1997, No. 1335, § 1; 1999, No. 1093, § 1; 2001, No. 1259, § 1; 2001, No. 1336, § 1; 2001, No. 1653, § 2; 2003, No. 213, § 1; 2003, No. 275, § 2; 2003, No. 763, § 2; 2003, No. 1214, § 1; 2005, No. 259, § 2; 2005, No. 2003, § 1; 2007, No. 268, § 2; 2007, No. 726, §§ 1, 2; 2007, No. 998, § 2; 2009, No. 631, § 2; 2009, No. 1291, § 1; 2011, No. 99, § 2; 2011, No. 168, § 1.
Ark. Code Ann. § 25-15-401 — AR Code / Title 25 / Chapter 15 / Subchapter 4 / Section 25-15-401
Report, sunset, and extension of rules - Definitions
Status: in_force

(a) As used in this subchapter: (1) (A) "Agency" means a board, commission, department, office, or other authority of the government of the State of Arkansas, whether within or subject to review by another agency except the General Assembly, the courts, and the Governor. (B) "Agency" includes the Division of Child Care and Early Childhood Education and the Child Care Appeal Review Panel for purposes of administrative appeal; (2) (A) "Rule" means an agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of an agency, including without limitation the amendment or repeal of a prior rule. (B) "Rule" does not mean: (i) A statement that concerns the internal management of an agency and that does not affect the private rights or procedures available to the public; (ii) A declaratory ruling issued under § 25-15-206 ; or (iii) Intra-agency memoranda; and (3) "Rulemaking" means an agency process for the formulation, amendment, or repeal of a rule. (b) It is the intent of this section to provide for: (1) The systematic review of agency rules to ensure that rules are relevant to the agency and necessary for the proper operation of the agency at issue; (2) The expiration of rules that are not extended by the Legislative Council as part of the systematic review of agency rules under this section; and (3) A mechanism for the repeal of rules that are not extended as part of the systematic review of agency rules under this section. (c) (1) The agencies shall be divided into six (6) rule review groups to be determined by the Governor to ensure that the number of agencies in each rule review group and the number of subject matter areas represented by each rule review group are approximately equal. (2) If a new agency is created, the Governor shall assign the new agency to a rule review group. (d) (1) The Legislative Council shall evaluate each rule review group created under subsection (c) of this section. (2) The Legislative Council shall establish a schedule for: (A) (i) The evaluation of the six (6) rule review groups over a twelve-year period, with one (1) rule review group being evaluated every two (2) years during a rule evaluation period beginning on October 1 following a regular session of the General Assembly and ending on September 30 of the following year. (ii) The schedule established by the Legislative Council under subdivision (d)(2)(A)(i) of this section shall provide for the evaluation of the agencies within a rule review group in monthly increments during the rule evaluation period; and (B) The submission of rule reports to the Legislative Council. (3) Each agency in a rule review group shall submit a rule report to the Legislative Council pursuant to a schedule established by the Legislative Council. (4) (A) The Legislative Council shall reevaluate a rule review group every twelve (12) years following the completion of the rule evaluation period under this section. (B) A reevaluation of a rule review group by the Legislative Council shall follow the procedures under this section. (e) (1) The rule report submitted by an agency under subsection (d) of this section shall include: (A) (i) A list of all rules in effect that: (a) Includes the following information for each rule: (1) The initial effective date of the rule; (2) The date the rule was filed with the Secretary of State; (3) The authority under which the rule was promulgated; and (4) If the rule is required under state or federal law, a statement regarding the requirement; and (b) Distinguishes between rules that the agency wishes to extend and rules that the agency does not wish to extend. (ii) The agency shall provide in writing the legal authority or agency justification for each rule that the agency wishes to extend. (iii) If the agency requests that a rule not be extended, the agency shall provide in writing the agency justification for not extending the rule. (iv) If the rule is required under state or federal law, the agency shall provide a statement regarding the requirement in the rule report; (B) A copy of each rule as it exists at the time of filing the rule report; and (C) Other information deemed relevant by the Legislative Council to the review of the rules of the agency. (2) An agency shall promptly amend a rule report under subsection (d) of this section to include and make note of a rule filed, amended, or repealed by the agency after the filing of the rule report but before the consideration of the rule report by the Legislative Council under subsection (f) of this section. (3) The rule report shall be submitted in a format specified by the Legislative Council. (f) (1) (A) The Legislative Council shall meet as necessary throughout a rule evaluation period to consider extending the rules of each agency scheduled for evaluation under subsection (d) of this section. (B) The Legislative Council may refer one (1) or more of an agency's rules to a subject matter interim committee of the General Assembly for review before the Legislative Council's consideration of the rules under subdivision (f)(1)(A) of this section. (2) As part of its consideration under subdivision (f)(1) of this section, the Legislative Council shall without limitation: (A) Consider the rules the agency wishes to repeal and the corresponding justifications submitted by the agency under this section; and (B) Consider the rules the agency wishes to extend and the corresponding justifications submitted by the agency under this section. (g) (1) The Legislative Council may accept or reject the recommendation of an agency to extend or repeal a rule. (2) (A) If the Legislative Council declines to extend a rule or accepts an agency's recommendation to not extend or otherwise repeal a rule, the repeal of the rule is: (i) (a) Effective at the date and time specified by the Legislative Council. (b) The repeal of a rule not extended or otherwise repealed under this section shall be effective no later than one hundred eighty (180) days following the meeting of the Legislative Council at which the Legislative Council declined to extend the rule or accepted an agency's recommendation to not extend or otherwise repeal the rule; and (ii) Not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (B) If the Legislative Council declines to extend an agency rule and the result is that the agency has no rules that address an issue that the agency is required by law to address by rule, the agency shall initiate a rulemaking process under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., no later than sixty (60) days following the meeting of the Legislative Council at which the Legislative Council declined to extend the rule, including without limitation the adoption of an emergency rule. (3) Within ten (10) days after the conclusion of the Legislative Council's consideration of the rule report submitted by the agency, the agency shall file with the Secretary of State a list of the agency's rules which have been extended and a list of the agency's rules which have not been extended or were otherwise repealed. (h) (1) Unless extended or repealed by action of the Legislative Council under this section, the rules of an agency scheduled for evaluation by the Legislative Council as part of a rule review group under this section shall expire on the October 1 following the end of its rule evaluation period under this section. (2) (A) If an agency scheduled to submit a rule report under subsection (d) of this section fails to submit its rule report by the scheduled date, the rules of the agency shall expire on the thirtieth business day following the scheduled date to submit the rule report. (B) The rules of an agency that fails to submit a rule report by the scheduled date shall not expire under subdivision (h)(2)(A) of this section if the agency submits its rule report on or before the thirtieth business day following the scheduled date to submit the rule report. Amended by Act 2021, No. 65,§ 1, eff. 7/28/2021. Added by Act 2017, No. 781,§ 2, eff. 8/1/2017.

(a) As used in this subchapter: (1) (A) "Agency" means a board, commission, department, office, or other authority of the government of the State of Arkansas, whether within or subject to review by another agency except the General Assembly, the courts, and the Governor. (B) "Agency" includes the Division of Child Care and Early Childhood Education and the Child Care Appeal Review Panel for purposes of administrative appeal; (2) (A) "Rule" means an agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of an agency, including without limitation the amendment or repeal of a prior rule. (B) "Rule" does not mean: (i) A statement that concerns the internal management of an agency and that does not affect the private rights or procedures available to the public; (ii) A declaratory ruling issued under § 25-15-206 ; or (iii) Intra-agency memoranda; and (3) "Rulemaking" means an agency process for the formulation, amendment, or repeal of a rule.

(1) (A) "Agency" means a board, commission, department, office, or other authority of the government of the State of Arkansas, whether within or subject to review by another agency except the General Assembly, the courts, and the Governor. (B) "Agency" includes the Division of Child Care and Early Childhood Education and the Child Care Appeal Review Panel for purposes of administrative appeal;

(A) "Agency" means a board, commission, department, office, or other authority of the government of the State of Arkansas, whether within or subject to review by another agency except the General Assembly, the courts, and the Governor.

(B) "Agency" includes the Division of Child Care and Early Childhood Education and the Child Care Appeal Review Panel for purposes of administrative appeal;

(2) (A) "Rule" means an agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of an agency, including without limitation the amendment or repeal of a prior rule. (B) "Rule" does not mean: (i) A statement that concerns the internal management of an agency and that does not affect the private rights or procedures available to the public; (ii) A declaratory ruling issued under § 25-15-206 ; or (iii) Intra-agency memoranda; and

(A) "Rule" means an agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of an agency, including without limitation the amendment or repeal of a prior rule.

(B) "Rule" does not mean: (i) A statement that concerns the internal management of an agency and that does not affect the private rights or procedures available to the public; (ii) A declaratory ruling issued under § 25-15-206 ; or (iii) Intra-agency memoranda; and

(i) A statement that concerns the internal management of an agency and that does not affect the private rights or procedures available to the public;

(ii) A declaratory ruling issued under § 25-15-206 ; or

(iii) Intra-agency memoranda; and

(3) "Rulemaking" means an agency process for the formulation, amendment, or repeal of a rule.

(b) It is the intent of this section to provide for: (1) The systematic review of agency rules to ensure that rules are relevant to the agency and necessary for the proper operation of the agency at issue; (2) The expiration of rules that are not extended by the Legislative Council as part of the systematic review of agency rules under this section; and (3) A mechanism for the repeal of rules that are not extended as part of the systematic review of agency rules under this section.

(1) The systematic review of agency rules to ensure that rules are relevant to the agency and necessary for the proper operation of the agency at issue;

(2) The expiration of rules that are not extended by the Legislative Council as part of the systematic review of agency rules under this section; and

(3) A mechanism for the repeal of rules that are not extended as part of the systematic review of agency rules under this section.

(c) (1) The agencies shall be divided into six (6) rule review groups to be determined by the Governor to ensure that the number of agencies in each rule review group and the number of subject matter areas represented by each rule review group are approximately equal. (2) If a new agency is created, the Governor shall assign the new agency to a rule review group.

(1) The agencies shall be divided into six (6) rule review groups to be determined by the Governor to ensure that the number of agencies in each rule review group and the number of subject matter areas represented by each rule review group are approximately equal.

(2) If a new agency is created, the Governor shall assign the new agency to a rule review group.

(d) (1) The Legislative Council shall evaluate each rule review group created under subsection (c) of this section. (2) The Legislative Council shall establish a schedule for: (A) (i) The evaluation of the six (6) rule review groups over a twelve-year period, with one (1) rule review group being evaluated every two (2) years during a rule evaluation period beginning on October 1 following a regular session of the General Assembly and ending on September 30 of the following year. (ii) The schedule established by the Legislative Council under subdivision (d)(2)(A)(i) of this section shall provide for the evaluation of the agencies within a rule review group in monthly increments during the rule evaluation period; and (B) The submission of rule reports to the Legislative Council. (3) Each agency in a rule review group shall submit a rule report to the Legislative Council pursuant to a schedule established by the Legislative Council. (4) (A) The Legislative Council shall reevaluate a rule review group every twelve (12) years following the completion of the rule evaluation period under this section. (B) A reevaluation of a rule review group by the Legislative Council shall follow the procedures under this section.

(1) The Legislative Council shall evaluate each rule review group created under subsection (c) of this section.

(2) The Legislative Council shall establish a schedule for: (A) (i) The evaluation of the six (6) rule review groups over a twelve-year period, with one (1) rule review group being evaluated every two (2) years during a rule evaluation period beginning on October 1 following a regular session of the General Assembly and ending on September 30 of the following year. (ii) The schedule established by the Legislative Council under subdivision (d)(2)(A)(i) of this section shall provide for the evaluation of the agencies within a rule review group in monthly increments during the rule evaluation period; and (B) The submission of rule reports to the Legislative Council.

(A) (i) The evaluation of the six (6) rule review groups over a twelve-year period, with one (1) rule review group being evaluated every two (2) years during a rule evaluation period beginning on October 1 following a regular session of the General Assembly and ending on September 30 of the following year. (ii) The schedule established by the Legislative Council under subdivision (d)(2)(A)(i) of this section shall provide for the evaluation of the agencies within a rule review group in monthly increments during the rule evaluation period; and

(i) The evaluation of the six (6) rule review groups over a twelve-year period, with one (1) rule review group being evaluated every two (2) years during a rule evaluation period beginning on October 1 following a regular session of the General Assembly and ending on September 30 of the following year.

(ii) The schedule established by the Legislative Council under subdivision (d)(2)(A)(i) of this section shall provide for the evaluation of the agencies within a rule review group in monthly increments during the rule evaluation period; and

(B) The submission of rule reports to the Legislative Council.

(3) Each agency in a rule review group shall submit a rule report to the Legislative Council pursuant to a schedule established by the Legislative Council.

(4) (A) The Legislative Council shall reevaluate a rule review group every twelve (12) years following the completion of the rule evaluation period under this section. (B) A reevaluation of a rule review group by the Legislative Council shall follow the procedures under this section.

(A) The Legislative Council shall reevaluate a rule review group every twelve (12) years following the completion of the rule evaluation period under this section.

(B) A reevaluation of a rule review group by the Legislative Council shall follow the procedures under this section.

(e) (1) The rule report submitted by an agency under subsection (d) of this section shall include: (A) (i) A list of all rules in effect that: (a) Includes the following information for each rule: (1) The initial effective date of the rule; (2) The date the rule was filed with the Secretary of State; (3) The authority under which the rule was promulgated; and (4) If the rule is required under state or federal law, a statement regarding the requirement; and (b) Distinguishes between rules that the agency wishes to extend and rules that the agency does not wish to extend. (ii) The agency shall provide in writing the legal authority or agency justification for each rule that the agency wishes to extend. (iii) If the agency requests that a rule not be extended, the agency shall provide in writing the agency justification for not extending the rule. (iv) If the rule is required under state or federal law, the agency shall provide a statement regarding the requirement in the rule report; (B) A copy of each rule as it exists at the time of filing the rule report; and (C) Other information deemed relevant by the Legislative Council to the review of the rules of the agency. (2) An agency shall promptly amend a rule report under subsection (d) of this section to include and make note of a rule filed, amended, or repealed by the agency after the filing of the rule report but before the consideration of the rule report by the Legislative Council under subsection (f) of this section. (3) The rule report shall be submitted in a format specified by the Legislative Council.

(1) The rule report submitted by an agency under subsection (d) of this section shall include: (A) (i) A list of all rules in effect that: (a) Includes the following information for each rule: (1) The initial effective date of the rule; (2) The date the rule was filed with the Secretary of State; (3) The authority under which the rule was promulgated; and (4) If the rule is required under state or federal law, a statement regarding the requirement; and (b) Distinguishes between rules that the agency wishes to extend and rules that the agency does not wish to extend. (ii) The agency shall provide in writing the legal authority or agency justification for each rule that the agency wishes to extend. (iii) If the agency requests that a rule not be extended, the agency shall provide in writing the agency justification for not extending the rule. (iv) If the rule is required under state or federal law, the agency shall provide a statement regarding the requirement in the rule report; (B) A copy of each rule as it exists at the time of filing the rule report; and (C) Other information deemed relevant by the Legislative Council to the review of the rules of the agency.

(A) (i) A list of all rules in effect that: (a) Includes the following information for each rule: (1) The initial effective date of the rule; (2) The date the rule was filed with the Secretary of State; (3) The authority under which the rule was promulgated; and (4) If the rule is required under state or federal law, a statement regarding the requirement; and (b) Distinguishes between rules that the agency wishes to extend and rules that the agency does not wish to extend. (ii) The agency shall provide in writing the legal authority or agency justification for each rule that the agency wishes to extend. (iii) If the agency requests that a rule not be extended, the agency shall provide in writing the agency justification for not extending the rule. (iv) If the rule is required under state or federal law, the agency shall provide a statement regarding the requirement in the rule report;

(i) A list of all rules in effect that: (a) Includes the following information for each rule: (1) The initial effective date of the rule; (2) The date the rule was filed with the Secretary of State; (3) The authority under which the rule was promulgated; and (4) If the rule is required under state or federal law, a statement regarding the requirement; and (b) Distinguishes between rules that the agency wishes to extend and rules that the agency does not wish to extend.

(a) Includes the following information for each rule: (1) The initial effective date of the rule; (2) The date the rule was filed with the Secretary of State; (3) The authority under which the rule was promulgated; and (4) If the rule is required under state or federal law, a statement regarding the requirement; and

(1) The initial effective date of the rule;

(2) The date the rule was filed with the Secretary of State;

(3) The authority under which the rule was promulgated; and

(4) If the rule is required under state or federal law, a statement regarding the requirement; and

(b) Distinguishes between rules that the agency wishes to extend and rules that the agency does not wish to extend.

(ii) The agency shall provide in writing the legal authority or agency justification for each rule that the agency wishes to extend.

(iii) If the agency requests that a rule not be extended, the agency shall provide in writing the agency justification for not extending the rule.

(iv) If the rule is required under state or federal law, the agency shall provide a statement regarding the requirement in the rule report;

(B) A copy of each rule as it exists at the time of filing the rule report; and

(C) Other information deemed relevant by the Legislative Council to the review of the rules of the agency.

(2) An agency shall promptly amend a rule report under subsection (d) of this section to include and make note of a rule filed, amended, or repealed by the agency after the filing of the rule report but before the consideration of the rule report by the Legislative Council under subsection (f) of this section.

(3) The rule report shall be submitted in a format specified by the Legislative Council.

(f) (1) (A) The Legislative Council shall meet as necessary throughout a rule evaluation period to consider extending the rules of each agency scheduled for evaluation under subsection (d) of this section. (B) The Legislative Council may refer one (1) or more of an agency's rules to a subject matter interim committee of the General Assembly for review before the Legislative Council's consideration of the rules under subdivision (f)(1)(A) of this section. (2) As part of its consideration under subdivision (f)(1) of this section, the Legislative Council shall without limitation: (A) Consider the rules the agency wishes to repeal and the corresponding justifications submitted by the agency under this section; and (B) Consider the rules the agency wishes to extend and the corresponding justifications submitted by the agency under this section.

(1) (A) The Legislative Council shall meet as necessary throughout a rule evaluation period to consider extending the rules of each agency scheduled for evaluation under subsection (d) of this section. (B) The Legislative Council may refer one (1) or more of an agency's rules to a subject matter interim committee of the General Assembly for review before the Legislative Council's consideration of the rules under subdivision (f)(1)(A) of this section.

(A) The Legislative Council shall meet as necessary throughout a rule evaluation period to consider extending the rules of each agency scheduled for evaluation under subsection (d) of this section.

(B) The Legislative Council may refer one (1) or more of an agency's rules to a subject matter interim committee of the General Assembly for review before the Legislative Council's consideration of the rules under subdivision (f)(1)(A) of this section.

(2) As part of its consideration under subdivision (f)(1) of this section, the Legislative Council shall without limitation: (A) Consider the rules the agency wishes to repeal and the corresponding justifications submitted by the agency under this section; and (B) Consider the rules the agency wishes to extend and the corresponding justifications submitted by the agency under this section.

(A) Consider the rules the agency wishes to repeal and the corresponding justifications submitted by the agency under this section; and

(B) Consider the rules the agency wishes to extend and the corresponding justifications submitted by the agency under this section.

(g) (1) The Legislative Council may accept or reject the recommendation of an agency to extend or repeal a rule. (2) (A) If the Legislative Council declines to extend a rule or accepts an agency's recommendation to not extend or otherwise repeal a rule, the repeal of the rule is: (i) (a) Effective at the date and time specified by the Legislative Council. (b) The repeal of a rule not extended or otherwise repealed under this section shall be effective no later than one hundred eighty (180) days following the meeting of the Legislative Council at which the Legislative Council declined to extend the rule or accepted an agency's recommendation to not extend or otherwise repeal the rule; and (ii) Not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (B) If the Legislative Council declines to extend an agency rule and the result is that the agency has no rules that address an issue that the agency is required by law to address by rule, the agency shall initiate a rulemaking process under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., no later than sixty (60) days following the meeting of the Legislative Council at which the Legislative Council declined to extend the rule, including without limitation the adoption of an emergency rule. (3) Within ten (10) days after the conclusion of the Legislative Council's consideration of the rule report submitted by the agency, the agency shall file with the Secretary of State a list of the agency's rules which have been extended and a list of the agency's rules which have not been extended or were otherwise repealed.

(1) The Legislative Council may accept or reject the recommendation of an agency to extend or repeal a rule.

(2) (A) If the Legislative Council declines to extend a rule or accepts an agency's recommendation to not extend or otherwise repeal a rule, the repeal of the rule is: (i) (a) Effective at the date and time specified by the Legislative Council. (b) The repeal of a rule not extended or otherwise repealed under this section shall be effective no later than one hundred eighty (180) days following the meeting of the Legislative Council at which the Legislative Council declined to extend the rule or accepted an agency's recommendation to not extend or otherwise repeal the rule; and (ii) Not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (B) If the Legislative Council declines to extend an agency rule and the result is that the agency has no rules that address an issue that the agency is required by law to address by rule, the agency shall initiate a rulemaking process under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., no later than sixty (60) days following the meeting of the Legislative Council at which the Legislative Council declined to extend the rule, including without limitation the adoption of an emergency rule.

(A) If the Legislative Council declines to extend a rule or accepts an agency's recommendation to not extend or otherwise repeal a rule, the repeal of the rule is: (i) (a) Effective at the date and time specified by the Legislative Council. (b) The repeal of a rule not extended or otherwise repealed under this section shall be effective no later than one hundred eighty (180) days following the meeting of the Legislative Council at which the Legislative Council declined to extend the rule or accepted an agency's recommendation to not extend or otherwise repeal the rule; and (ii) Not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(i) (a) Effective at the date and time specified by the Legislative Council. (b) The repeal of a rule not extended or otherwise repealed under this section shall be effective no later than one hundred eighty (180) days following the meeting of the Legislative Council at which the Legislative Council declined to extend the rule or accepted an agency's recommendation to not extend or otherwise repeal the rule; and

(a) Effective at the date and time specified by the Legislative Council.

(b) The repeal of a rule not extended or otherwise repealed under this section shall be effective no later than one hundred eighty (180) days following the meeting of the Legislative Council at which the Legislative Council declined to extend the rule or accepted an agency's recommendation to not extend or otherwise repeal the rule; and

(ii) Not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(B) If the Legislative Council declines to extend an agency rule and the result is that the agency has no rules that address an issue that the agency is required by law to address by rule, the agency shall initiate a rulemaking process under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., no later than sixty (60) days following the meeting of the Legislative Council at which the Legislative Council declined to extend the rule, including without limitation the adoption of an emergency rule.

(3) Within ten (10) days after the conclusion of the Legislative Council's consideration of the rule report submitted by the agency, the agency shall file with the Secretary of State a list of the agency's rules which have been extended and a list of the agency's rules which have not been extended or were otherwise repealed.

(h) (1) Unless extended or repealed by action of the Legislative Council under this section, the rules of an agency scheduled for evaluation by the Legislative Council as part of a rule review group under this section shall expire on the October 1 following the end of its rule evaluation period under this section. (2) (A) If an agency scheduled to submit a rule report under subsection (d) of this section fails to submit its rule report by the scheduled date, the rules of the agency shall expire on the thirtieth business day following the scheduled date to submit the rule report. (B) The rules of an agency that fails to submit a rule report by the scheduled date shall not expire under subdivision (h)(2)(A) of this section if the agency submits its rule report on or before the thirtieth business day following the scheduled date to submit the rule report.

(1) Unless extended or repealed by action of the Legislative Council under this section, the rules of an agency scheduled for evaluation by the Legislative Council as part of a rule review group under this section shall expire on the October 1 following the end of its rule evaluation period under this section.

(2) (A) If an agency scheduled to submit a rule report under subsection (d) of this section fails to submit its rule report by the scheduled date, the rules of the agency shall expire on the thirtieth business day following the scheduled date to submit the rule report. (B) The rules of an agency that fails to submit a rule report by the scheduled date shall not expire under subdivision (h)(2)(A) of this section if the agency submits its rule report on or before the thirtieth business day following the scheduled date to submit the rule report.

(A) If an agency scheduled to submit a rule report under subsection (d) of this section fails to submit its rule report by the scheduled date, the rules of the agency shall expire on the thirtieth business day following the scheduled date to submit the rule report.

(B) The rules of an agency that fails to submit a rule report by the scheduled date shall not expire under subdivision (h)(2)(A) of this section if the agency submits its rule report on or before the thirtieth business day following the scheduled date to submit the rule report.

Amended by Act 2021, No. 65,§ 1, eff. 7/28/2021.

Added by Act 2017, No. 781,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 25-20-401 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Municipal Electric Utility Interlocal Cooperation Act of 2003". Acts 2003, No. 366, § 1.

This subchapter shall be known and may be cited as the "Arkansas Municipal Electric Utility Interlocal Cooperation Act of 2003".

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-1-101 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-101
Emergency relocation of seat of government
Status: in_force

(a) (1) Whenever due to an emergency resulting from the effects of enemy attack or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat thereof in the City of Little Rock, the Governor, as often as the exigencies of the situation require, shall by proclamation declare an emergency temporary location for the seat of government at a place within or without this state which he or she may deem advisable under the circumstances. The Governor shall take any action and issue any orders which may be necessary for an orderly transition of the affairs of state government to the emergency temporary location. (2) The emergency temporary location shall remain as the seat of government until the General Assembly shall by law establish a new location or until the emergency is declared to be ended by the Governor and the seat of government is returned to its normal location. (b) During such time as the seat of government remains at the emergency temporary location, all official acts required by law to be performed at the seat of government by any officer, agency, department, or authority of this state, including the convening and meeting of the General Assembly in regular, extraordinary, or emergency session, shall be as valid and binding when performed at the emergency temporary location as if performed at the normal location of the seat of government. (c) The provisions of this section shall control and be supreme in the event it shall be employed, notwithstanding the provisions of any other law to the contrary or in conflict herewith. Acts 1961, No. 487, §§ 1-3; A.S.A. 1947, §§ 5-112 -- 5-114.

(a) (1) Whenever due to an emergency resulting from the effects of enemy attack or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat thereof in the City of Little Rock, the Governor, as often as the exigencies of the situation require, shall by proclamation declare an emergency temporary location for the seat of government at a place within or without this state which he or she may deem advisable under the circumstances. The Governor shall take any action and issue any orders which may be necessary for an orderly transition of the affairs of state government to the emergency temporary location. (2) The emergency temporary location shall remain as the seat of government until the General Assembly shall by law establish a new location or until the emergency is declared to be ended by the Governor and the seat of government is returned to its normal location.

(1) Whenever due to an emergency resulting from the effects of enemy attack or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat thereof in the City of Little Rock, the Governor, as often as the exigencies of the situation require, shall by proclamation declare an emergency temporary location for the seat of government at a place within or without this state which he or she may deem advisable under the circumstances. The Governor shall take any action and issue any orders which may be necessary for an orderly transition of the affairs of state government to the emergency temporary location.

(2) The emergency temporary location shall remain as the seat of government until the General Assembly shall by law establish a new location or until the emergency is declared to be ended by the Governor and the seat of government is returned to its normal location.

(b) During such time as the seat of government remains at the emergency temporary location, all official acts required by law to be performed at the seat of government by any officer, agency, department, or authority of this state, including the convening and meeting of the General Assembly in regular, extraordinary, or emergency session, shall be as valid and binding when performed at the emergency temporary location as if performed at the normal location of the seat of government.

(c) The provisions of this section shall control and be supreme in the event it shall be employed, notwithstanding the provisions of any other law to the contrary or in conflict herewith.

Acts 1961, No. 487, §§ 1-3; A.S.A. 1947, §§ 5-112 -- 5-114.
Ark. Code Ann. § 25-20-310 — AR Code / Title 25 / Chapter 20 / Subchapter 3 / Section 25-20-310
Improvements - Financing with bonds
Status: in_force

(a) Whenever any public body created under this subchapter shall own or operate a consolidated waterworks system and shall desire to acquire, construct, or equip improvements, betterments, and extensions thereto, it may issue revenue bonds under the provisions of this section to pay for them. The procedure for issuance of bonds shall be as provided in this section. (b) (1) Bonds issued in accordance with this section shall be authorized by resolution of the board of commissioners. (2) The bonds may be issued as registered bonds and may be exchangeable for bonds of another denomination or in another form. (3) The bonds may: (A) Be in such form and denominations; (B) Have such date or dates; (C) Be stated to mature at such time or times; (D) Bear interest payable at such times and at such rate or rates; (E) Be payable at such places within or without the state; (F) Be subject to such terms of redemption in advance of maturity at such prices; and (G) Contain such terms and conditions, all as the board of commissioners shall determine. (4) The bonds shall have all the qualities of and shall be deemed to be negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration as set forth in this subsection. (5) The authorizing resolution may contain any other terms, covenants, and conditions that the board of commissioners deems reasonable and desirable, including, without limitation, those pertaining to the: (A) Maintenance of various funds and reserves; (B) Nature and extent of any security for payment of the bonds; (C) Custody and application of the proceeds of the bonds; (D) Collection and disposition of revenues; (E) Investing for authorized purposes; and (F) Rights, duties, and obligations of the public body and the holders and registered owners of the bonds. (c) (1) The authorizing resolution may provide for the execution of a trust indenture between the public body and any financial institution within or without the State of Arkansas. (2) The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the board of commissioners, including, without limitation, those pertaining to the: (A) Maintenance of various funds and reserves; (B) Nature and extent of any security for the payment of the bonds; (C) Custody and application of the proceeds of the bonds; (D) Collection and disposition of revenues; (E) Investing and reinvesting of any moneys during periods not needed for authorized purposes; and (F) Rights, duties, and obligations of the public body and the holders and registered owners of the bonds. (d) (1) Any authorizing resolution and trust indenture relating to the issuance and security of the bonds shall constitute a contract between the public body and holders and registered owners of the bonds. (2) The contract and all covenants, agreements, and obligations therein, shall be promptly performed in strict compliance with the terms and provisions of the contract, and the covenants, agreements, and obligations of the public body may be enforced by mandamus or other appropriate proceeding at law or in equity. (e) (1) The resolution shall fix the minimum rate or rates for water or other services provided by the consolidated waterworks system to be collected before the payment of all of the bonds, with exceptions as may be provided in the resolution, and shall pledge the revenues derived from the consolidated waterworks system or any specified portion of the consolidated waterworks system for the purpose of paying the bonds and interest. (2) The rates to be charged for the water or other services of the consolidated waterworks system or the specified portion of the consolidated waterworks system with revenues pledged to the payment of the bonds shall be sufficient to provide: (A) For the payment of all principal of and interest on all bonds as and when due; (B) For the operation and maintenance of the consolidated waterworks system or the specified portion of the consolidated waterworks system with revenues pledged to the payment of the bonds; and (C) An adequate depreciation account for the consolidated waterworks system or the specified portion of the consolidated waterworks system with revenues pledged to the payment of the bonds. (f) (1) The proceeds derived from the sale of the bonds shall be used solely for the purpose of: (A) Making betterments, improvements, and extensions to the consolidated waterworks system owned and operated by the public body; (B) Paying interest on the bonds during the period of construction of the betterments, improvements, and extensions; (C) Establishing any necessary reserves for the bonds; (D) Paying the costs of issuing the bonds; and (E) Paying any other costs and expenditures of whatever nature incidental to the accomplishment of the betterments, improvements, and extensions. (2) The terms "betterments", "improvements", and "extensions" include all real property, personal property, buildings, structures, improvements, equipment, and facilities. (g) (1) Bonds issued under the provisions of this section shall be payable solely from revenues derived from the consolidated waterworks system or any specified portion of the consolidated waterworks system. (2) The bonds 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 within the meaning of any constitutional provisions or limitations. (3) It shall be plainly stated on the face of each bond that it: (A) Is issued under the provisions of this subchapter; (B) Does not constitute an indebtedness of the State of Arkansas or the participating public agencies within any constitutional provisions or limitations; and (C) Is not backed by the full faith and credit of the State of Arkansas or the participating public agencies. (4) The bonds and the interest thereon shall be exempt from all taxation, state, county, and municipal. This exemption includes income taxation and inheritance taxation. (h) (1) The bonds may be sold in such manner, either at public or private sale, and upon such terms as the board of commissioners shall determine to be reasonable and expedient for effectuating the purposes of the public body. (2) The bonds may be sold at a price the board of commissioners may accept, including sale at discount. (i) (1) The bonds shall be executed by manual or facsimile signature of the chair of the board of commissioners and the manual or facsimile signature of the secretary of the board of commissioners or any other officer of the public body authorized to do so by resolution of the board of commissioners. (2) In case any of the officers whose signatures appear on the bonds shall cease to be the officers before delivery of the bonds, their signatures nevertheless shall be valid and sufficient for all purposes. (3) Each bond shall be impressed or imprinted with the seal of the public body. (j) (1) (A) Prior to a proposed issuance of revenue bonds by a public body, the public body shall publish one (1) time in a newspaper of general circulation in the participating public agencies: (i) Notice of the proposed issuance of bonds; (ii) The maximum principal amount of bonds contemplated to be sold; (iii) A general description of the project contemplated to be financed or refinanced with bond proceeds; and (iv) The date, time, and location of a public meeting at which members of the public may obtain further information regarding the bonds and the project. (B) Notice under subdivision (j)(1)(A) of this section shall be published at least ten (10) days prior to the date of the hearing described in subdivision (j)(1)(A)(iv) of this section. (2) The chief executive officer of the public body or his or her designee shall be responsible for conducting the hearing and shall request all public comments that might pertain to the proposed issuance of bonds by the public body. (3) (A) Upon compliance with the provisions of this section, other notice, hearing, or approval by the public body, any participating public agency or any governmental unit shall not be required as a condition to the issuance by a public body of its contemplated bonds or any interim financing with respect thereto. (B) The provisions of the Revenue Bond Act of 1987, § 19-9-601 et seq., do not apply to this section and revenue bonds or interim financing issued hereunder. (C) Notwithstanding the provisions of subdivision (j)(3)(A) of this section, the participating public agencies that have entered into the interlocal agreement forming the public body may, in the interlocal agreement, impose additional procedural requirements as a precedent for the issuance of revenue bonds by a public body, and if that is the case, the public body shall comply with those requirements prior to the issuance of the bonds and any interim financing. Amended by Act 2019, No. 613,§ 6, eff. 7/24/2019. Amended by Act 2017, No. 711,§ 11, eff. 3/27/2017. Amended by Act 2017, No. 711,§ 10, eff. 3/27/2017. Amended by Act 2017, No. 711,§ 9, eff. 3/27/2017. Acts 2001, No. 982, § 1.

(a) Whenever any public body created under this subchapter shall own or operate a consolidated waterworks system and shall desire to acquire, construct, or equip improvements, betterments, and extensions thereto, it may issue revenue bonds under the provisions of this section to pay for them. The procedure for issuance of bonds shall be as provided in this section.

(b) (1) Bonds issued in accordance with this section shall be authorized by resolution of the board of commissioners. (2) The bonds may be issued as registered bonds and may be exchangeable for bonds of another denomination or in another form. (3) The bonds may: (A) Be in such form and denominations; (B) Have such date or dates; (C) Be stated to mature at such time or times; (D) Bear interest payable at such times and at such rate or rates; (E) Be payable at such places within or without the state; (F) Be subject to such terms of redemption in advance of maturity at such prices; and (G) Contain such terms and conditions, all as the board of commissioners shall determine. (4) The bonds shall have all the qualities of and shall be deemed to be negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration as set forth in this subsection. (5) The authorizing resolution may contain any other terms, covenants, and conditions that the board of commissioners deems reasonable and desirable, including, without limitation, those pertaining to the: (A) Maintenance of various funds and reserves; (B) Nature and extent of any security for payment of the bonds; (C) Custody and application of the proceeds of the bonds; (D) Collection and disposition of revenues; (E) Investing for authorized purposes; and (F) Rights, duties, and obligations of the public body and the holders and registered owners of the bonds.

(1) Bonds issued in accordance with this section shall be authorized by resolution of the board of commissioners.

(2) The bonds may be issued as registered bonds and may be exchangeable for bonds of another denomination or in another form.

(3) The bonds may: (A) Be in such form and denominations; (B) Have such date or dates; (C) Be stated to mature at such time or times; (D) Bear interest payable at such times and at such rate or rates; (E) Be payable at such places within or without the state; (F) Be subject to such terms of redemption in advance of maturity at such prices; and (G) Contain such terms and conditions, all as the board of commissioners shall determine.

(A) Be in such form and denominations;

(B) Have such date or dates;

(C) Be stated to mature at such time or times;

(D) Bear interest payable at such times and at such rate or rates;

(E) Be payable at such places within or without the state;

(F) Be subject to such terms of redemption in advance of maturity at such prices; and

(G) Contain such terms and conditions, all as the board of commissioners shall determine.

all as the board of commissioners shall determine.

(4) The bonds shall have all the qualities of and shall be deemed to be negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration as set forth in this subsection.

(5) The authorizing resolution may contain any other terms, covenants, and conditions that the board of commissioners deems reasonable and desirable, including, without limitation, those pertaining to the: (A) Maintenance of various funds and reserves; (B) Nature and extent of any security for payment of the bonds; (C) Custody and application of the proceeds of the bonds; (D) Collection and disposition of revenues; (E) Investing for authorized purposes; and (F) Rights, duties, and obligations of the public body and the holders and registered owners of the bonds.

(A) Maintenance of various funds and reserves;

(B) Nature and extent of any security for payment of the bonds;

(C) Custody and application of the proceeds of the bonds;

(D) Collection and disposition of revenues;

(E) Investing for authorized purposes; and

(F) Rights, duties, and obligations of the public body and the holders and registered owners of the bonds.

(c) (1) The authorizing resolution may provide for the execution of a trust indenture between the public body and any financial institution within or without the State of Arkansas. (2) The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the board of commissioners, including, without limitation, those pertaining to the: (A) Maintenance of various funds and reserves; (B) Nature and extent of any security for the payment of the bonds; (C) Custody and application of the proceeds of the bonds; (D) Collection and disposition of revenues; (E) Investing and reinvesting of any moneys during periods not needed for authorized purposes; and (F) Rights, duties, and obligations of the public body and the holders and registered owners of the bonds.

(1) The authorizing resolution may provide for the execution of a trust indenture between the public body and any financial institution within or without the State of Arkansas.

(2) The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the board of commissioners, including, without limitation, those pertaining to the: (A) Maintenance of various funds and reserves; (B) Nature and extent of any security for the payment of the bonds; (C) Custody and application of the proceeds of the bonds; (D) Collection and disposition of revenues; (E) Investing and reinvesting of any moneys during periods not needed for authorized purposes; and (F) Rights, duties, and obligations of the public body and the holders and registered owners of the bonds.

(A) Maintenance of various funds and reserves;

(B) Nature and extent of any security for the payment of the bonds;

(C) Custody and application of the proceeds of the bonds;

(D) Collection and disposition of revenues;

(E) Investing and reinvesting of any moneys during periods not needed for authorized purposes; and

(F) Rights, duties, and obligations of the public body and the holders and registered owners of the bonds.

(d) (1) Any authorizing resolution and trust indenture relating to the issuance and security of the bonds shall constitute a contract between the public body and holders and registered owners of the bonds. (2) The contract and all covenants, agreements, and obligations therein, shall be promptly performed in strict compliance with the terms and provisions of the contract, and the covenants, agreements, and obligations of the public body may be enforced by mandamus or other appropriate proceeding at law or in equity.

(1) Any authorizing resolution and trust indenture relating to the issuance and security of the bonds shall constitute a contract between the public body and holders and registered owners of the bonds.

(2) The contract and all covenants, agreements, and obligations therein, shall be promptly performed in strict compliance with the terms and provisions of the contract, and the covenants, agreements, and obligations of the public body may be enforced by mandamus or other appropriate proceeding at law or in equity.

(e) (1) The resolution shall fix the minimum rate or rates for water or other services provided by the consolidated waterworks system to be collected before the payment of all of the bonds, with exceptions as may be provided in the resolution, and shall pledge the revenues derived from the consolidated waterworks system or any specified portion of the consolidated waterworks system for the purpose of paying the bonds and interest. (2) The rates to be charged for the water or other services of the consolidated waterworks system or the specified portion of the consolidated waterworks system with revenues pledged to the payment of the bonds shall be sufficient to provide: (A) For the payment of all principal of and interest on all bonds as and when due; (B) For the operation and maintenance of the consolidated waterworks system or the specified portion of the consolidated waterworks system with revenues pledged to the payment of the bonds; and (C) An adequate depreciation account for the consolidated waterworks system or the specified portion of the consolidated waterworks system with revenues pledged to the payment of the bonds.

(1) The resolution shall fix the minimum rate or rates for water or other services provided by the consolidated waterworks system to be collected before the payment of all of the bonds, with exceptions as may be provided in the resolution, and shall pledge the revenues derived from the consolidated waterworks system or any specified portion of the consolidated waterworks system for the purpose of paying the bonds and interest.

(2) The rates to be charged for the water or other services of the consolidated waterworks system or the specified portion of the consolidated waterworks system with revenues pledged to the payment of the bonds shall be sufficient to provide: (A) For the payment of all principal of and interest on all bonds as and when due; (B) For the operation and maintenance of the consolidated waterworks system or the specified portion of the consolidated waterworks system with revenues pledged to the payment of the bonds; and (C) An adequate depreciation account for the consolidated waterworks system or the specified portion of the consolidated waterworks system with revenues pledged to the payment of the bonds.

(A) For the payment of all principal of and interest on all bonds as and when due;

(B) For the operation and maintenance of the consolidated waterworks system or the specified portion of the consolidated waterworks system with revenues pledged to the payment of the bonds; and

(C) An adequate depreciation account for the consolidated waterworks system or the specified portion of the consolidated waterworks system with revenues pledged to the payment of the bonds.

(f) (1) The proceeds derived from the sale of the bonds shall be used solely for the purpose of: (A) Making betterments, improvements, and extensions to the consolidated waterworks system owned and operated by the public body; (B) Paying interest on the bonds during the period of construction of the betterments, improvements, and extensions; (C) Establishing any necessary reserves for the bonds; (D) Paying the costs of issuing the bonds; and (E) Paying any other costs and expenditures of whatever nature incidental to the accomplishment of the betterments, improvements, and extensions. (2) The terms "betterments", "improvements", and "extensions" include all real property, personal property, buildings, structures, improvements, equipment, and facilities.

(1) The proceeds derived from the sale of the bonds shall be used solely for the purpose of: (A) Making betterments, improvements, and extensions to the consolidated waterworks system owned and operated by the public body; (B) Paying interest on the bonds during the period of construction of the betterments, improvements, and extensions; (C) Establishing any necessary reserves for the bonds; (D) Paying the costs of issuing the bonds; and (E) Paying any other costs and expenditures of whatever nature incidental to the accomplishment of the betterments, improvements, and extensions.

(A) Making betterments, improvements, and extensions to the consolidated waterworks system owned and operated by the public body;

(B) Paying interest on the bonds during the period of construction of the betterments, improvements, and extensions;

(C) Establishing any necessary reserves for the bonds;

(D) Paying the costs of issuing the bonds; and

(E) Paying any other costs and expenditures of whatever nature incidental to the accomplishment of the betterments, improvements, and extensions.

(2) The terms "betterments", "improvements", and "extensions" include all real property, personal property, buildings, structures, improvements, equipment, and facilities.

(g) (1) Bonds issued under the provisions of this section shall be payable solely from revenues derived from the consolidated waterworks system or any specified portion of the consolidated waterworks system. (2) The bonds 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 within the meaning of any constitutional provisions or limitations. (3) It shall be plainly stated on the face of each bond that it: (A) Is issued under the provisions of this subchapter; (B) Does not constitute an indebtedness of the State of Arkansas or the participating public agencies within any constitutional provisions or limitations; and (C) Is not backed by the full faith and credit of the State of Arkansas or the participating public agencies. (4) The bonds and the interest thereon shall be exempt from all taxation, state, county, and municipal. This exemption includes income taxation and inheritance taxation.

(1) Bonds issued under the provisions of this section shall be payable solely from revenues derived from the consolidated waterworks system or any specified portion of the consolidated waterworks system.

(2) The bonds 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 within the meaning of any constitutional provisions or limitations.

(3) It shall be plainly stated on the face of each bond that it: (A) Is issued under the provisions of this subchapter; (B) Does not constitute an indebtedness of the State of Arkansas or the participating public agencies within any constitutional provisions or limitations; and (C) Is not backed by the full faith and credit of the State of Arkansas or the participating public agencies.

(A) Is issued under the provisions of this subchapter;

(B) Does not constitute an indebtedness of the State of Arkansas or the participating public agencies within any constitutional provisions or limitations; and

(C) Is not backed by the full faith and credit of the State of Arkansas or the participating public agencies.

(4) The bonds and the interest thereon shall be exempt from all taxation, state, county, and municipal. This exemption includes income taxation and inheritance taxation.

(h) (1) The bonds may be sold in such manner, either at public or private sale, and upon such terms as the board of commissioners shall determine to be reasonable and expedient for effectuating the purposes of the public body. (2) The bonds may be sold at a price the board of commissioners may accept, including sale at discount.

(1) The bonds may be sold in such manner, either at public or private sale, and upon such terms as the board of commissioners shall determine to be reasonable and expedient for effectuating the purposes of the public body.

(2) The bonds may be sold at a price the board of commissioners may accept, including sale at discount.

(i) (1) The bonds shall be executed by manual or facsimile signature of the chair of the board of commissioners and the manual or facsimile signature of the secretary of the board of commissioners or any other officer of the public body authorized to do so by resolution of the board of commissioners. (2) In case any of the officers whose signatures appear on the bonds shall cease to be the officers before delivery of the bonds, their signatures nevertheless shall be valid and sufficient for all purposes. (3) Each bond shall be impressed or imprinted with the seal of the public body.

(1) The bonds shall be executed by manual or facsimile signature of the chair of the board of commissioners and the manual or facsimile signature of the secretary of the board of commissioners or any other officer of the public body authorized to do so by resolution of the board of commissioners.

(2) In case any of the officers whose signatures appear on the bonds shall cease to be the officers before delivery of the bonds, their signatures nevertheless shall be valid and sufficient for all purposes.

(3) Each bond shall be impressed or imprinted with the seal of the public body.

(j) (1) (A) Prior to a proposed issuance of revenue bonds by a public body, the public body shall publish one (1) time in a newspaper of general circulation in the participating public agencies: (i) Notice of the proposed issuance of bonds; (ii) The maximum principal amount of bonds contemplated to be sold; (iii) A general description of the project contemplated to be financed or refinanced with bond proceeds; and (iv) The date, time, and location of a public meeting at which members of the public may obtain further information regarding the bonds and the project. (B) Notice under subdivision (j)(1)(A) of this section shall be published at least ten (10) days prior to the date of the hearing described in subdivision (j)(1)(A)(iv) of this section. (2) The chief executive officer of the public body or his or her designee shall be responsible for conducting the hearing and shall request all public comments that might pertain to the proposed issuance of bonds by the public body. (3) (A) Upon compliance with the provisions of this section, other notice, hearing, or approval by the public body, any participating public agency or any governmental unit shall not be required as a condition to the issuance by a public body of its contemplated bonds or any interim financing with respect thereto. (B) The provisions of the Revenue Bond Act of 1987, § 19-9-601 et seq., do not apply to this section and revenue bonds or interim financing issued hereunder. (C) Notwithstanding the provisions of subdivision (j)(3)(A) of this section, the participating public agencies that have entered into the interlocal agreement forming the public body may, in the interlocal agreement, impose additional procedural requirements as a precedent for the issuance of revenue bonds by a public body, and if that is the case, the public body shall comply with those requirements prior to the issuance of the bonds and any interim financing.

(1) (A) Prior to a proposed issuance of revenue bonds by a public body, the public body shall publish one (1) time in a newspaper of general circulation in the participating public agencies: (i) Notice of the proposed issuance of bonds; (ii) The maximum principal amount of bonds contemplated to be sold; (iii) A general description of the project contemplated to be financed or refinanced with bond proceeds; and (iv) The date, time, and location of a public meeting at which members of the public may obtain further information regarding the bonds and the project. (B) Notice under subdivision (j)(1)(A) of this section shall be published at least ten (10) days prior to the date of the hearing described in subdivision (j)(1)(A)(iv) of this section.

(A) Prior to a proposed issuance of revenue bonds by a public body, the public body shall publish one (1) time in a newspaper of general circulation in the participating public agencies: (i) Notice of the proposed issuance of bonds; (ii) The maximum principal amount of bonds contemplated to be sold; (iii) A general description of the project contemplated to be financed or refinanced with bond proceeds; and (iv) The date, time, and location of a public meeting at which members of the public may obtain further information regarding the bonds and the project.

(i) Notice of the proposed issuance of bonds;

(ii) The maximum principal amount of bonds contemplated to be sold;

(iii) A general description of the project contemplated to be financed or refinanced with bond proceeds; and

(iv) The date, time, and location of a public meeting at which members of the public may obtain further information regarding the bonds and the project.

(B) Notice under subdivision (j)(1)(A) of this section shall be published at least ten (10) days prior to the date of the hearing described in subdivision (j)(1)(A)(iv) of this section.

(2) The chief executive officer of the public body or his or her designee shall be responsible for conducting the hearing and shall request all public comments that might pertain to the proposed issuance of bonds by the public body.

(3) (A) Upon compliance with the provisions of this section, other notice, hearing, or approval by the public body, any participating public agency or any governmental unit shall not be required as a condition to the issuance by a public body of its contemplated bonds or any interim financing with respect thereto. (B) The provisions of the Revenue Bond Act of 1987, § 19-9-601 et seq., do not apply to this section and revenue bonds or interim financing issued hereunder. (C) Notwithstanding the provisions of subdivision (j)(3)(A) of this section, the participating public agencies that have entered into the interlocal agreement forming the public body may, in the interlocal agreement, impose additional procedural requirements as a precedent for the issuance of revenue bonds by a public body, and if that is the case, the public body shall comply with those requirements prior to the issuance of the bonds and any interim financing.

(A) Upon compliance with the provisions of this section, other notice, hearing, or approval by the public body, any participating public agency or any governmental unit shall not be required as a condition to the issuance by a public body of its contemplated bonds or any interim financing with respect thereto.

(B) The provisions of the Revenue Bond Act of 1987, § 19-9-601 et seq., do not apply to this section and revenue bonds or interim financing issued hereunder.

(C) Notwithstanding the provisions of subdivision (j)(3)(A) of this section, the participating public agencies that have entered into the interlocal agreement forming the public body may, in the interlocal agreement, impose additional procedural requirements as a precedent for the issuance of revenue bonds by a public body, and if that is the case, the public body shall comply with those requirements prior to the issuance of the bonds and any interim financing.

Amended by Act 2019, No. 613,§ 6, eff. 7/24/2019.

Amended by Act 2017, No. 711,§ 11, eff. 3/27/2017.

Amended by Act 2017, No. 711,§ 10, eff. 3/27/2017.

Amended by Act 2017, No. 711,§ 9, eff. 3/27/2017.

Acts 2001, No. 982, § 1.
Ark. Code Ann. § 25-26-203 — AR Code / Title 25 / Chapter 26 / Subchapter 2 / Section 25-26-203
Assurance of nonvisual access
Status: in_force

In general, the head of each covered entity shall ensure that information technology equipment and software used by employees, program participants, or members of the general public: (1) Provide blind or visually impaired individuals with access, to the extent provided in this subchapter, to interactive use of the equipment and services that is equivalent to that provided to individuals who are not blind or visually impaired; (2) Are designed to present information, including, but not limited to, prompts used for interactive communications in formats intended for both visual and nonvisual use; and (3) Have been purchased under a contract which includes the technology access clause required pursuant to § 25-26-204 . Amended by Act 2013, No. 308,§ 3, eff. 3/11/2013. Acts 1999, No. 1227, § 3.

In general, the head of each covered entity shall ensure that information technology equipment and software used by employees, program participants, or members of the general public:

(1) Provide blind or visually impaired individuals with access, to the extent provided in this subchapter, to interactive use of the equipment and services that is equivalent to that provided to individuals who are not blind or visually impaired;

(2) Are designed to present information, including, but not limited to, prompts used for interactive communications in formats intended for both visual and nonvisual use; and

(3) Have been purchased under a contract which includes the technology access clause required pursuant to § 25-26-204 .

Amended by Act 2013, No. 308,§ 3, eff. 3/11/2013.

Acts 1999, No. 1227, § 3.
Ark. Code Ann. § 25-16-715 — AR Code / Title 25 / Chapter 16 / Subchapter 7 / Section 25-16-715
Transparency - Contingency fee contracts
Status: in_force

(a) A copy of each executed contingency fee contract and the Attorney General's written determination to enter into a contingency fee contract with a private attorney shall be posted on the state transparency website for public inspection within five (5) business days after the date the contract is executed and shall remain posted on the state transparency website for the duration of the contingency fee contract, including any extensions of or amendments to the contingency fee contract. (b) Each payment of a contingency fee shall be posted on the state transparency website within fifteen (15) days after the payment of the contingency fee to the private attorney and shall remain posted on the state transparency website for at least one (1) year thereafter. (c) (1) A private attorney under contract to provide services to the Attorney General on a contingency-fee basis shall maintain, from the inception of the contract until at least four (4) years after the contract expires or is terminated, detailed current records, including without limitation documentation of all expenses, disbursements, charges, credits, underlying receipts and invoices, and other financial transactions that concern the provision of attorney services under the contingency fee contract. (2) The private attorney shall make the records maintained under this subsection available for inspection and copying by the Attorney General upon request in accordance with the Freedom of Information Act of 1967, § 25-19-101 et seq. (3) A private attorney shall maintain detailed contemporaneous time records for the attorneys and paralegals working on the matter in increments of no greater than one-tenth (1/10) of an hour and shall promptly provide these records to the Attorney General upon request. (d) (1) By February 1 of each year, the Attorney General shall submit a report to the President Pro Tempore of the Senate and the Speaker of the House of Representatives describing the use of contingency fee contracts with private attorneys in the preceding calendar year. (2) The Attorney General may take reasonable steps to protect the evidentiary privileges of the state when producing the report required under this subsection. (3) At a minimum, the report required under this subsection shall: (A) Identify all new contingency fee contracts entered into during the year and all previously executed contingency fee contracts that remain current during any part of the year, including the following information: (i) The name of the private attorney with whom the Attorney General has contracted, including the name of the attorney's law firm; (ii) The nature and status of the legal matter; (iii) The names of the parties to the legal matter; (iv) The amount of any recovery; and (v) The amount of any contingency fee paid; and (B) Include copies of any written determinations made under § 25-16-714 during the year. Added by Act 2015, No. 851,§ 2, eff. 7/22/2015.

(a) A copy of each executed contingency fee contract and the Attorney General's written determination to enter into a contingency fee contract with a private attorney shall be posted on the state transparency website for public inspection within five (5) business days after the date the contract is executed and shall remain posted on the state transparency website for the duration of the contingency fee contract, including any extensions of or amendments to the contingency fee contract.

(b) Each payment of a contingency fee shall be posted on the state transparency website within fifteen (15) days after the payment of the contingency fee to the private attorney and shall remain posted on the state transparency website for at least one (1) year thereafter.

(c) (1) A private attorney under contract to provide services to the Attorney General on a contingency-fee basis shall maintain, from the inception of the contract until at least four (4) years after the contract expires or is terminated, detailed current records, including without limitation documentation of all expenses, disbursements, charges, credits, underlying receipts and invoices, and other financial transactions that concern the provision of attorney services under the contingency fee contract. (2) The private attorney shall make the records maintained under this subsection available for inspection and copying by the Attorney General upon request in accordance with the Freedom of Information Act of 1967, § 25-19-101 et seq. (3) A private attorney shall maintain detailed contemporaneous time records for the attorneys and paralegals working on the matter in increments of no greater than one-tenth (1/10) of an hour and shall promptly provide these records to the Attorney General upon request.

(1) A private attorney under contract to provide services to the Attorney General on a contingency-fee basis shall maintain, from the inception of the contract until at least four (4) years after the contract expires or is terminated, detailed current records, including without limitation documentation of all expenses, disbursements, charges, credits, underlying receipts and invoices, and other financial transactions that concern the provision of attorney services under the contingency fee contract.

(2) The private attorney shall make the records maintained under this subsection available for inspection and copying by the Attorney General upon request in accordance with the Freedom of Information Act of 1967, § 25-19-101 et seq.

(3) A private attorney shall maintain detailed contemporaneous time records for the attorneys and paralegals working on the matter in increments of no greater than one-tenth (1/10) of an hour and shall promptly provide these records to the Attorney General upon request.

(d) (1) By February 1 of each year, the Attorney General shall submit a report to the President Pro Tempore of the Senate and the Speaker of the House of Representatives describing the use of contingency fee contracts with private attorneys in the preceding calendar year. (2) The Attorney General may take reasonable steps to protect the evidentiary privileges of the state when producing the report required under this subsection. (3) At a minimum, the report required under this subsection shall: (A) Identify all new contingency fee contracts entered into during the year and all previously executed contingency fee contracts that remain current during any part of the year, including the following information: (i) The name of the private attorney with whom the Attorney General has contracted, including the name of the attorney's law firm; (ii) The nature and status of the legal matter; (iii) The names of the parties to the legal matter; (iv) The amount of any recovery; and (v) The amount of any contingency fee paid; and (B) Include copies of any written determinations made under § 25-16-714 during the year.

(1) By February 1 of each year, the Attorney General shall submit a report to the President Pro Tempore of the Senate and the Speaker of the House of Representatives describing the use of contingency fee contracts with private attorneys in the preceding calendar year.

(2) The Attorney General may take reasonable steps to protect the evidentiary privileges of the state when producing the report required under this subsection.

(3) At a minimum, the report required under this subsection shall: (A) Identify all new contingency fee contracts entered into during the year and all previously executed contingency fee contracts that remain current during any part of the year, including the following information: (i) The name of the private attorney with whom the Attorney General has contracted, including the name of the attorney's law firm; (ii) The nature and status of the legal matter; (iii) The names of the parties to the legal matter; (iv) The amount of any recovery; and (v) The amount of any contingency fee paid; and (B) Include copies of any written determinations made under § 25-16-714 during the year.

(A) Identify all new contingency fee contracts entered into during the year and all previously executed contingency fee contracts that remain current during any part of the year, including the following information: (i) The name of the private attorney with whom the Attorney General has contracted, including the name of the attorney's law firm; (ii) The nature and status of the legal matter; (iii) The names of the parties to the legal matter; (iv) The amount of any recovery; and (v) The amount of any contingency fee paid; and

(i) The name of the private attorney with whom the Attorney General has contracted, including the name of the attorney's law firm;

(ii) The nature and status of the legal matter;

(iii) The names of the parties to the legal matter;

(iv) The amount of any recovery; and

(v) The amount of any contingency fee paid; and

(B) Include copies of any written determinations made under § 25-16-714 during the year.

Added by Act 2015, No. 851,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 25-10-143 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-143
Advisory opinions - Definition
Status: in_force

(a) As used in this section, "advisory opinion" means a written statement by the Secretary of the Department of Human Services or his or her designee that explains the applicability to a specified set of facts of a pertinent statutory or regulatory provision relating to the provision of medical items or services under the medical assistance program administered by the Department of Human Services. (b) (1) The secretary may issue an advisory opinion at the request of a provider enrolled in the medical assistance program. (2) Except as provided under subsection (h) of this section, the opinion is binding upon the secretary with respect to that provider only. (3) If the secretary cannot respond to the request for an advisory opinion, the secretary shall within thirty (30) days notify the provider that he or she will not be responding to the request for an opinion. (c) A provider may request an advisory opinion concerning: (1) A substantive question or a procedural matter; (2) Questions arising before an audit or investigation concerning a provider's claim for payment or reimbursement; and (3) A hypothetical or projected service plan. (d) The secretary shall not issue an advisory opinion if the request for an advisory opinion relates to a pending question raised by the provider in an ongoing or initiated investigation conducted by the Medicaid Inspector General, the Attorney General, a criminal investigation, or a civil or criminal proceeding, or if the provider has received a written notice from the secretary or the Medicaid Inspector General that advises the provider of an imminent investigation, audit, suspended claim, or withholding of payment or reimbursement. (e) This section does not supersede a federal regulation, law, requirement, or guidance. (f) The secretary shall adopt a rule establishing the time within which an advisory opinion shall be issued and the criteria for determining the eligibility of a request for departmental response. (g) An advisory opinion represents an expression of the views of the secretary as to the application of laws, rules, and other precedential material to the set of facts specified in the request for an advisory opinion. (h) (1) A previously issued advisory opinion found by the secretary to be in error may be modified or revoked. (2) If the secretary modifies or revokes an advisory opinion, the modification or revocation operates prospectively. (3) A recovery of medical assistance overpayments caused by a provider's reliance on an advisory opinion that is later modified or revoked is prohibited for the period up until the modification or revocation unless the provider is involved in fraud. (4) The department promptly shall notify the provider of a modification or revocation of an advisory opinion. (i) An advisory opinion shall include the following notice: "This advisory opinion is limited to the person or persons who requested the opinion and it pertains only to the facts and circumstances presented in the request." (j) An advisory opinion shall cite the pertinent law and rule upon which the advisory opinion is based. (k) An advisory opinion or a modification or revocation of a previously issued advisory opinion is a public record. Amended by Act 2019, No. 910,§ 5255, eff. 7/1/2019. Added by Act 2013, No. 1499,§ 4, eff. 7/1/2013.

(a) As used in this section, "advisory opinion" means a written statement by the Secretary of the Department of Human Services or his or her designee that explains the applicability to a specified set of facts of a pertinent statutory or regulatory provision relating to the provision of medical items or services under the medical assistance program administered by the Department of Human Services.

(b) (1) The secretary may issue an advisory opinion at the request of a provider enrolled in the medical assistance program. (2) Except as provided under subsection (h) of this section, the opinion is binding upon the secretary with respect to that provider only. (3) If the secretary cannot respond to the request for an advisory opinion, the secretary shall within thirty (30) days notify the provider that he or she will not be responding to the request for an opinion.

(1) The secretary may issue an advisory opinion at the request of a provider enrolled in the medical assistance program.

(2) Except as provided under subsection (h) of this section, the opinion is binding upon the secretary with respect to that provider only.

(3) If the secretary cannot respond to the request for an advisory opinion, the secretary shall within thirty (30) days notify the provider that he or she will not be responding to the request for an opinion.

(c) A provider may request an advisory opinion concerning: (1) A substantive question or a procedural matter; (2) Questions arising before an audit or investigation concerning a provider's claim for payment or reimbursement; and (3) A hypothetical or projected service plan.

(1) A substantive question or a procedural matter;

(2) Questions arising before an audit or investigation concerning a provider's claim for payment or reimbursement; and

(3) A hypothetical or projected service plan.

(d) The secretary shall not issue an advisory opinion if the request for an advisory opinion relates to a pending question raised by the provider in an ongoing or initiated investigation conducted by the Medicaid Inspector General, the Attorney General, a criminal investigation, or a civil or criminal proceeding, or if the provider has received a written notice from the secretary or the Medicaid Inspector General that advises the provider of an imminent investigation, audit, suspended claim, or withholding of payment or reimbursement.

(e) This section does not supersede a federal regulation, law, requirement, or guidance.

(f) The secretary shall adopt a rule establishing the time within which an advisory opinion shall be issued and the criteria for determining the eligibility of a request for departmental response.

(g) An advisory opinion represents an expression of the views of the secretary as to the application of laws, rules, and other precedential material to the set of facts specified in the request for an advisory opinion.

(h) (1) A previously issued advisory opinion found by the secretary to be in error may be modified or revoked. (2) If the secretary modifies or revokes an advisory opinion, the modification or revocation operates prospectively. (3) A recovery of medical assistance overpayments caused by a provider's reliance on an advisory opinion that is later modified or revoked is prohibited for the period up until the modification or revocation unless the provider is involved in fraud. (4) The department promptly shall notify the provider of a modification or revocation of an advisory opinion.

(1) A previously issued advisory opinion found by the secretary to be in error may be modified or revoked.

(2) If the secretary modifies or revokes an advisory opinion, the modification or revocation operates prospectively.

(3) A recovery of medical assistance overpayments caused by a provider's reliance on an advisory opinion that is later modified or revoked is prohibited for the period up until the modification or revocation unless the provider is involved in fraud.

(4) The department promptly shall notify the provider of a modification or revocation of an advisory opinion.

(i) An advisory opinion shall include the following notice: "This advisory opinion is limited to the person or persons who requested the opinion and it pertains only to the facts and circumstances presented in the request."

(j) An advisory opinion shall cite the pertinent law and rule upon which the advisory opinion is based.

(k) An advisory opinion or a modification or revocation of a previously issued advisory opinion is a public record.

Amended by Act 2019, No. 910,§ 5255, eff. 7/1/2019.

Added by Act 2013, No. 1499,§ 4, eff. 7/1/2013.
Ark. Code Ann. § 25-32-101 — AR Code / Title 25 / Chapter 32 / Section 25-32-101
Short title
Status: in_force

This chapter may be cited as the "Uniform Electronic Transactions Act". Acts 2001, No. 905, § 1.

This chapter may be cited as the "Uniform Electronic Transactions Act".

Acts 2001, No. 905, § 1.