Ark. Code Ann. § 25-15-204 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-204
Rules - Procedure for adoption
Status: in_force

(a) Prior to the adoption, amendment, or repeal of a rule, the agency shall: (1) (A) (i) Give at least thirty (30) days' notice of its intended action. (ii) The thirty-day period shall begin on the first day of the publication of notice. (B) The notice shall include: (i) A statement of the terms or substance of the intended action or a description of the subjects and issues involved; and (ii) The time, location, and manner in which an interested person may present his or her position on the intended action of the agency or on the issues related to the intended action of the agency. (C) The notice shall be mailed to: (i) A person specified by law; and (ii) A person who has requested advance notice of rulemaking proceedings. (D) Unless otherwise provided by law, the notice shall be published: (i) In a newspaper of general daily circulation for three (3) consecutive days and, when appropriate, in those trade, industry, or professional publications that the agency may select. (ii) By the Secretary of State on the internet for thirty (30) days under § 25-15-218 . (E) (i) If enacted legislation requires or results in more than one (1) agency adopting, amending, or repealing rules on a similar subject matter, the agencies may publish a combined notice for all rules. (ii) The combined notice shall: (a) Include: (1) The names of all agencies involved in the collective filing; and (2) The time, location, and manner in which an interested person may present his or her position on the intended action of each agency or on the issues related to the intended action of each agency; and (b) Meet the requirements of subdivisions (a)(1)(C) and (D) of this section; (2) (A) Afford all interested persons reasonable opportunity to submit written data, views, or arguments, orally or in writing. (B) The agency shall grant an opportunity for an oral hearing if requested by twenty-five (25) persons, by a governmental subdivision or agency, or by an association having at least twenty-five (25) members. (C) The agency shall fully consider all written and oral submissions respecting the proposed rule before finalizing the language of the proposed rule and filing the proposed rule as required by subsection (e) of this section. (D) If an interested person requests a statement of the reasons for and against the adoption of a rule before adoption or within thirty (30) days after adoption, the agency shall issue a concise statement of the principal reasons for and against its adoption, incorporating its reasons for overruling the considerations urged against its adoption. (E) When rules are required by law to be made on the record after opportunity for an agency hearing, the provisions of that law shall apply in place of this subdivision (a)(2). (F) Agencies that publish a combined notice as described in subdivision (a)(1)(E) of this section may hold a joint public hearing when required by law or otherwise desired by the agencies; and (3) Consider the following factors: (A) Whether the agency is required by statute to adopt the proposed rule, whether by a specific date, and whether the agency has discretion to promulgate rules; (B) Other statutes relevant to the proposed rule and its alternatives; (C) The specific nature and significance of the problem the agency addresses with the proposed rule, including without limitation: (i) The nature and degree of the risks the problem poses; (ii) The priority of addressing those risks as opposed to other matters or activities within the agency's jurisdiction; (iii) Whether the problem warrants new agency action; and (iv) The countervailing risks that may be posed by alternative rules for the agency; (D) Whether existing rules have created or contributed to the problem the agency is addressing with the proposed rule, and whether those rules could be amended or repealed to address the problem in whole or in part; (E) Reasonable alternatives to the proposed rule, including without limitation: (i) Adopting no rule; (ii) Amending or repealing existing rules; and (iii) Other potential responses that could be taken instead of agency action; (F) The financial impact of the proposed rule; and (G) Any other factor relevant to the need for and alternatives to the proposed rule. (b) (1) An agency shall not adopt, amend, or repeal a rule unless the rule is based on the best reasonably obtainable scientific, technical, economic, or other evidence and information available concerning the need for, consequences of, and alternatives to the rule. (2) An agency shall adopt the least costly rule considered under this section, unless: (A) The additional benefits of the more costly rule justify its additional cost; (B) The agency explains its reason for adoption of the more costly rule in writing; (C) The reason is based on the interests of public health, safety, or welfare; and (D) The reason is within the scope of the agency's statutory authority. (c) (1) If an agency finds that imminent peril to the public health, safety, or welfare or compliance with a federal law or regulation requires adoption of a rule upon less than thirty (30) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it may choose, to adopt an emergency rule. (2) An agency shall not file an emergency rule with the Secretary of State for adoption until the emergency rule has been approved under § 10-3-309 . (3) Except as provided in § 5-64-201 , the rule may be effective for no longer than one hundred twenty (120) days. (4) If, after the expiration of the effective period of an emergency rule, an agency wishes to adopt a successive emergency rule that is identical or substantially similar to the expired emergency rule, the agency shall not adopt the successive emergency rule earlier than thirty (30) days after the expiration of the emergency rule. (d) (1) A person may petition an agency for the issuance, amendment, or repeal of a rule. (2) Within thirty (30) days after submission of a petition, the agency shall: (A) Deny the petition, stating in writing its reasons for the denial; or (B) Initiate rulemaking proceedings. (e) (1) (A) An agency shall file with the Secretary of State and the Legislative Council a: (i) Copy of each rule, including without limitation an emergency rule, proposed by the agency; (ii) Financial impact statement for the proposed rule; (iii) Notice for the adoption, amendment, or repeal of any rule required to be published on the internet under this section; (iv) Statement setting forth the reason for the proposed rule; and (v) Summary of the proposed rule. (B) An agency shall file with the Arkansas State Library a copy of each rule, including without limitation an emergency rule, finalized by the agency and a financial impact statement for the rule. (C) A rule shall be filed in compliance with this section and with §§ 10-3-309 and 25-15-218 . (2) The Secretary of State shall keep a register of the rules open to public inspection, and it shall be a permanent register. (3) If the purpose of a state agency rule is to implement a federal rule or regulation, the financial impact statement shall include: (A) The cost to implement the federal rule or regulation; and (B) The additional cost of the state rule. (4) (A) If a financial impact statement reveals a new or increased cost or obligation of at least one hundred thousand dollars ($100,000) per year to a private individual, private entity, private business, state government, county government, municipal government, or to two (2) or more of those entities combined, the agency shall file written findings at the time of filing the financial impact statement. (B) The written findings shall be filed simultaneously with the financial impact statement and shall include without limitation: (i) A statement of the rule's basis and purpose; (ii) The problem the agency seeks to address with the proposed rule, including a statement of whether a rule is required by statute; (iii) A description of the factual evidence that: (a) Justifies the agency's need for the proposed rule; and (b) Describes how the benefits of the rule meet the relevant statutory objectives and justify the rule's costs; (iv) A list of less costly alternatives to the proposed rule and the reasons why the alternatives do not adequately address the problem to be solved by the proposed rule; (v) A list of alternatives to the proposed rule that were suggested as a result of public comment and the reasons why the alternatives do not adequately address the problem to be solved by the proposed rule; (vi) (a) A statement of whether existing rules have created or contributed to the problem the agency seeks to address with the proposed rule. (b) If existing rules have created or contributed to the problem, an explanation of why amendment or repeal of the rule creating or contributing to the problem is not a sufficient response; and (vii) An agency plan for review of the rule no less than every ten (10) years to determine whether, based upon the evidence, there remains a need for the rule, including without limitation whether: (a) The rule is achieving the statutory objectives; (b) The benefits of the rule continue to justify its costs; and (c) The rule can be amended or repealed to reduce costs while continuing to achieve the statutory objections. (f) An agency shall not file a final rule with the Secretary of State for adoption unless the final rule has been approved under § 10-3-309 . (g) (1) (A) Each rule adopted by an agency is effective ten (10) days after filing of the final rule with the Secretary of State unless a later date is specified by law or in the rule itself. (B) A final rule shall not be filed until the thirty-day public comment period required under subdivision (a)(1)(A) of this section has expired. (C) (i) After the expiration of the thirty-day public comment period and before the effective date of the rule, the agency promulgating the rule shall take appropriate measures to make the final rule known to the persons who may be affected by the rule. (ii) Appropriate measures shall include without limitation posting the following information on the agency's website: (a) The final rule; (b) Copies of all written comments submitted to the agency regarding the rule; (c) A summary of all written and oral comments submitted to the agency regarding the rule and the agency's response to those comments; (d) A summary of the financial impact of the rule; and (e) The proposed effective date of the final rule. (2) (A) (i) However, an emergency rule may become effective immediately upon filing or at a stated time less than ten (10) days after filing if the agency finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare. (ii) The agency's finding, a brief statement of the reasons for the finding, and the financial impact statement shall be filed with the rule. (B) The agency shall take appropriate measures to make emergency rules known to the persons who may be affected by the emergency rules. (3) To ensure that the Code of Arkansas Rules is updated when a rule goes into effect, the Secretary of State shall work with the Bureau of Legislative Research to implement and maintain a system that notifies the Bureau of Legislative Research when a final rule is filed with the Secretary of State, including without limitation notification of the date the final rule: (A) Was filed with the Secretary of State; and (B) Will become effective. (h) A rule adopted after June 30, 1967, is not valid unless adopted and filed in substantial compliance with this section. (i) (1) In a proceeding that questions the existence of imminent peril to the public health, safety, or welfare, a written finding by an agency that adopting an emergency rule was necessary to avoid the loss of federal funding or certification establishes a prima facie case of the existence of imminent peril to the public health, safety, or welfare. (2) The burden of proof shifts to the challenger to rebut the existence of the condition by a preponderance of the evidence. Amended by Act 2023, No. 80,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 662,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 319,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 319,§ 4, eff. 7/24/2019. Amended by Act 2017, No. 1079,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1258,§ 40, eff. 7/22/2015. Amended by Act 2013, No. 1057,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 759,§ 4, eff. 8/16/2013. Acts 1967, No. 434, § 3; 1979, No. 62, § 1; 1985, No. 139, § 1; A.S.A. 1947, § 5-703; Acts 1989, No. 932, §§ 1, 2; 1993, No. 1106, § 1; 1995, No. 459, § 3; 1995, No. 884, §§ 1-3; 1995, No. 1104, § 1; 1997, No. 406, § 1; 1997, No. 533, § 4; 2001, No. 1648, § 3; 2003, No. 1478, § 1; 2005, No. 1259, § 1; 2006 (1st Ex. Sess.), No. 38, § 3; 2007, No. 143, § 2; 2011, No. 587, § 2; 2011, No. 1015, § 1; 2011, No. 1016, § 1.

(a) Prior to the adoption, amendment, or repeal of a rule, the agency shall: (1) (A) (i) Give at least thirty (30) days' notice of its intended action. (ii) The thirty-day period shall begin on the first day of the publication of notice. (B) The notice shall include: (i) A statement of the terms or substance of the intended action or a description of the subjects and issues involved; and (ii) The time, location, and manner in which an interested person may present his or her position on the intended action of the agency or on the issues related to the intended action of the agency. (C) The notice shall be mailed to: (i) A person specified by law; and (ii) A person who has requested advance notice of rulemaking proceedings. (D) Unless otherwise provided by law, the notice shall be published: (i) In a newspaper of general daily circulation for three (3) consecutive days and, when appropriate, in those trade, industry, or professional publications that the agency may select. (ii) By the Secretary of State on the internet for thirty (30) days under § 25-15-218 . (E) (i) If enacted legislation requires or results in more than one (1) agency adopting, amending, or repealing rules on a similar subject matter, the agencies may publish a combined notice for all rules. (ii) The combined notice shall: (a) Include: (1) The names of all agencies involved in the collective filing; and (2) The time, location, and manner in which an interested person may present his or her position on the intended action of each agency or on the issues related to the intended action of each agency; and (b) Meet the requirements of subdivisions (a)(1)(C) and (D) of this section; (2) (A) Afford all interested persons reasonable opportunity to submit written data, views, or arguments, orally or in writing. (B) The agency shall grant an opportunity for an oral hearing if requested by twenty-five (25) persons, by a governmental subdivision or agency, or by an association having at least twenty-five (25) members. (C) The agency shall fully consider all written and oral submissions respecting the proposed rule before finalizing the language of the proposed rule and filing the proposed rule as required by subsection (e) of this section. (D) If an interested person requests a statement of the reasons for and against the adoption of a rule before adoption or within thirty (30) days after adoption, the agency shall issue a concise statement of the principal reasons for and against its adoption, incorporating its reasons for overruling the considerations urged against its adoption. (E) When rules are required by law to be made on the record after opportunity for an agency hearing, the provisions of that law shall apply in place of this subdivision (a)(2). (F) Agencies that publish a combined notice as described in subdivision (a)(1)(E) of this section may hold a joint public hearing when required by law or otherwise desired by the agencies; and (3) Consider the following factors: (A) Whether the agency is required by statute to adopt the proposed rule, whether by a specific date, and whether the agency has discretion to promulgate rules; (B) Other statutes relevant to the proposed rule and its alternatives; (C) The specific nature and significance of the problem the agency addresses with the proposed rule, including without limitation: (i) The nature and degree of the risks the problem poses; (ii) The priority of addressing those risks as opposed to other matters or activities within the agency's jurisdiction; (iii) Whether the problem warrants new agency action; and (iv) The countervailing risks that may be posed by alternative rules for the agency; (D) Whether existing rules have created or contributed to the problem the agency is addressing with the proposed rule, and whether those rules could be amended or repealed to address the problem in whole or in part; (E) Reasonable alternatives to the proposed rule, including without limitation: (i) Adopting no rule; (ii) Amending or repealing existing rules; and (iii) Other potential responses that could be taken instead of agency action; (F) The financial impact of the proposed rule; and (G) Any other factor relevant to the need for and alternatives to the proposed rule.

(1) (A) (i) Give at least thirty (30) days' notice of its intended action. (ii) The thirty-day period shall begin on the first day of the publication of notice. (B) The notice shall include: (i) A statement of the terms or substance of the intended action or a description of the subjects and issues involved; and (ii) The time, location, and manner in which an interested person may present his or her position on the intended action of the agency or on the issues related to the intended action of the agency. (C) The notice shall be mailed to: (i) A person specified by law; and (ii) A person who has requested advance notice of rulemaking proceedings. (D) Unless otherwise provided by law, the notice shall be published: (i) In a newspaper of general daily circulation for three (3) consecutive days and, when appropriate, in those trade, industry, or professional publications that the agency may select. (ii) By the Secretary of State on the internet for thirty (30) days under § 25-15-218 . (E) (i) If enacted legislation requires or results in more than one (1) agency adopting, amending, or repealing rules on a similar subject matter, the agencies may publish a combined notice for all rules. (ii) The combined notice shall: (a) Include: (1) The names of all agencies involved in the collective filing; and (2) The time, location, and manner in which an interested person may present his or her position on the intended action of each agency or on the issues related to the intended action of each agency; and (b) Meet the requirements of subdivisions (a)(1)(C) and (D) of this section;

(A) (i) Give at least thirty (30) days' notice of its intended action. (ii) The thirty-day period shall begin on the first day of the publication of notice.

(i) Give at least thirty (30) days' notice of its intended action.

(ii) The thirty-day period shall begin on the first day of the publication of notice.

(B) The notice shall include: (i) A statement of the terms or substance of the intended action or a description of the subjects and issues involved; and (ii) The time, location, and manner in which an interested person may present his or her position on the intended action of the agency or on the issues related to the intended action of the agency.

(i) A statement of the terms or substance of the intended action or a description of the subjects and issues involved; and

(ii) The time, location, and manner in which an interested person may present his or her position on the intended action of the agency or on the issues related to the intended action of the agency.

(C) The notice shall be mailed to: (i) A person specified by law; and (ii) A person who has requested advance notice of rulemaking proceedings.

(i) A person specified by law; and

(ii) A person who has requested advance notice of rulemaking proceedings.

(D) Unless otherwise provided by law, the notice shall be published: (i) In a newspaper of general daily circulation for three (3) consecutive days and, when appropriate, in those trade, industry, or professional publications that the agency may select. (ii) By the Secretary of State on the internet for thirty (30) days under § 25-15-218 .

(i) In a newspaper of general daily circulation for three (3) consecutive days and, when appropriate, in those trade, industry, or professional publications that the agency may select.

(ii) By the Secretary of State on the internet for thirty (30) days under § 25-15-218 .

(E) (i) If enacted legislation requires or results in more than one (1) agency adopting, amending, or repealing rules on a similar subject matter, the agencies may publish a combined notice for all rules. (ii) The combined notice shall: (a) Include: (1) The names of all agencies involved in the collective filing; and (2) The time, location, and manner in which an interested person may present his or her position on the intended action of each agency or on the issues related to the intended action of each agency; and (b) Meet the requirements of subdivisions (a)(1)(C) and (D) of this section;

(i) If enacted legislation requires or results in more than one (1) agency adopting, amending, or repealing rules on a similar subject matter, the agencies may publish a combined notice for all rules.

(ii) The combined notice shall: (a) Include: (1) The names of all agencies involved in the collective filing; and (2) The time, location, and manner in which an interested person may present his or her position on the intended action of each agency or on the issues related to the intended action of each agency; and (b) Meet the requirements of subdivisions (a)(1)(C) and (D) of this section;

(a) Include: (1) The names of all agencies involved in the collective filing; and (2) The time, location, and manner in which an interested person may present his or her position on the intended action of each agency or on the issues related to the intended action of each agency; and

(1) The names of all agencies involved in the collective filing; and

(2) The time, location, and manner in which an interested person may present his or her position on the intended action of each agency or on the issues related to the intended action of each agency; and

(b) Meet the requirements of subdivisions (a)(1)(C) and (D) of this section;

(2) (A) Afford all interested persons reasonable opportunity to submit written data, views, or arguments, orally or in writing. (B) The agency shall grant an opportunity for an oral hearing if requested by twenty-five (25) persons, by a governmental subdivision or agency, or by an association having at least twenty-five (25) members. (C) The agency shall fully consider all written and oral submissions respecting the proposed rule before finalizing the language of the proposed rule and filing the proposed rule as required by subsection (e) of this section. (D) If an interested person requests a statement of the reasons for and against the adoption of a rule before adoption or within thirty (30) days after adoption, the agency shall issue a concise statement of the principal reasons for and against its adoption, incorporating its reasons for overruling the considerations urged against its adoption. (E) When rules are required by law to be made on the record after opportunity for an agency hearing, the provisions of that law shall apply in place of this subdivision (a)(2). (F) Agencies that publish a combined notice as described in subdivision (a)(1)(E) of this section may hold a joint public hearing when required by law or otherwise desired by the agencies; and

(A) Afford all interested persons reasonable opportunity to submit written data, views, or arguments, orally or in writing.

(B) The agency shall grant an opportunity for an oral hearing if requested by twenty-five (25) persons, by a governmental subdivision or agency, or by an association having at least twenty-five (25) members.

(C) The agency shall fully consider all written and oral submissions respecting the proposed rule before finalizing the language of the proposed rule and filing the proposed rule as required by subsection (e) of this section.

(D) If an interested person requests a statement of the reasons for and against the adoption of a rule before adoption or within thirty (30) days after adoption, the agency shall issue a concise statement of the principal reasons for and against its adoption, incorporating its reasons for overruling the considerations urged against its adoption.

(E) When rules are required by law to be made on the record after opportunity for an agency hearing, the provisions of that law shall apply in place of this subdivision (a)(2).

(F) Agencies that publish a combined notice as described in subdivision (a)(1)(E) of this section may hold a joint public hearing when required by law or otherwise desired by the agencies; and

(3) Consider the following factors: (A) Whether the agency is required by statute to adopt the proposed rule, whether by a specific date, and whether the agency has discretion to promulgate rules; (B) Other statutes relevant to the proposed rule and its alternatives; (C) The specific nature and significance of the problem the agency addresses with the proposed rule, including without limitation: (i) The nature and degree of the risks the problem poses; (ii) The priority of addressing those risks as opposed to other matters or activities within the agency's jurisdiction; (iii) Whether the problem warrants new agency action; and (iv) The countervailing risks that may be posed by alternative rules for the agency; (D) Whether existing rules have created or contributed to the problem the agency is addressing with the proposed rule, and whether those rules could be amended or repealed to address the problem in whole or in part; (E) Reasonable alternatives to the proposed rule, including without limitation: (i) Adopting no rule; (ii) Amending or repealing existing rules; and (iii) Other potential responses that could be taken instead of agency action; (F) The financial impact of the proposed rule; and (G) Any other factor relevant to the need for and alternatives to the proposed rule.

(A) Whether the agency is required by statute to adopt the proposed rule, whether by a specific date, and whether the agency has discretion to promulgate rules;

(B) Other statutes relevant to the proposed rule and its alternatives;

(C) The specific nature and significance of the problem the agency addresses with the proposed rule, including without limitation: (i) The nature and degree of the risks the problem poses; (ii) The priority of addressing those risks as opposed to other matters or activities within the agency's jurisdiction; (iii) Whether the problem warrants new agency action; and (iv) The countervailing risks that may be posed by alternative rules for the agency;

(i) The nature and degree of the risks the problem poses;

(ii) The priority of addressing those risks as opposed to other matters or activities within the agency's jurisdiction;

(iii) Whether the problem warrants new agency action; and

(iv) The countervailing risks that may be posed by alternative rules for the agency;

(D) Whether existing rules have created or contributed to the problem the agency is addressing with the proposed rule, and whether those rules could be amended or repealed to address the problem in whole or in part;

(E) Reasonable alternatives to the proposed rule, including without limitation: (i) Adopting no rule; (ii) Amending or repealing existing rules; and (iii) Other potential responses that could be taken instead of agency action;

(i) Adopting no rule;

(ii) Amending or repealing existing rules; and

(iii) Other potential responses that could be taken instead of agency action;

(F) The financial impact of the proposed rule; and

(G) Any other factor relevant to the need for and alternatives to the proposed rule.

(b) (1) An agency shall not adopt, amend, or repeal a rule unless the rule is based on the best reasonably obtainable scientific, technical, economic, or other evidence and information available concerning the need for, consequences of, and alternatives to the rule. (2) An agency shall adopt the least costly rule considered under this section, unless: (A) The additional benefits of the more costly rule justify its additional cost; (B) The agency explains its reason for adoption of the more costly rule in writing; (C) The reason is based on the interests of public health, safety, or welfare; and (D) The reason is within the scope of the agency's statutory authority.

(1) An agency shall not adopt, amend, or repeal a rule unless the rule is based on the best reasonably obtainable scientific, technical, economic, or other evidence and information available concerning the need for, consequences of, and alternatives to the rule.

(2) An agency shall adopt the least costly rule considered under this section, unless: (A) The additional benefits of the more costly rule justify its additional cost; (B) The agency explains its reason for adoption of the more costly rule in writing; (C) The reason is based on the interests of public health, safety, or welfare; and (D) The reason is within the scope of the agency's statutory authority.

(A) The additional benefits of the more costly rule justify its additional cost;

(B) The agency explains its reason for adoption of the more costly rule in writing;

(C) The reason is based on the interests of public health, safety, or welfare; and

(D) The reason is within the scope of the agency's statutory authority.

(c) (1) If an agency finds that imminent peril to the public health, safety, or welfare or compliance with a federal law or regulation requires adoption of a rule upon less than thirty (30) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it may choose, to adopt an emergency rule. (2) An agency shall not file an emergency rule with the Secretary of State for adoption until the emergency rule has been approved under § 10-3-309 . (3) Except as provided in § 5-64-201 , the rule may be effective for no longer than one hundred twenty (120) days. (4) If, after the expiration of the effective period of an emergency rule, an agency wishes to adopt a successive emergency rule that is identical or substantially similar to the expired emergency rule, the agency shall not adopt the successive emergency rule earlier than thirty (30) days after the expiration of the emergency rule.

(1) If an agency finds that imminent peril to the public health, safety, or welfare or compliance with a federal law or regulation requires adoption of a rule upon less than thirty (30) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it may choose, to adopt an emergency rule.

(2) An agency shall not file an emergency rule with the Secretary of State for adoption until the emergency rule has been approved under § 10-3-309 .

(3) Except as provided in § 5-64-201 , the rule may be effective for no longer than one hundred twenty (120) days.

(4) If, after the expiration of the effective period of an emergency rule, an agency wishes to adopt a successive emergency rule that is identical or substantially similar to the expired emergency rule, the agency shall not adopt the successive emergency rule earlier than thirty (30) days after the expiration of the emergency rule.

(d) (1) A person may petition an agency for the issuance, amendment, or repeal of a rule. (2) Within thirty (30) days after submission of a petition, the agency shall: (A) Deny the petition, stating in writing its reasons for the denial; or (B) Initiate rulemaking proceedings.

(1) A person may petition an agency for the issuance, amendment, or repeal of a rule.

(2) Within thirty (30) days after submission of a petition, the agency shall: (A) Deny the petition, stating in writing its reasons for the denial; or (B) Initiate rulemaking proceedings.

(A) Deny the petition, stating in writing its reasons for the denial; or

(B) Initiate rulemaking proceedings.

(e) (1) (A) An agency shall file with the Secretary of State and the Legislative Council a: (i) Copy of each rule, including without limitation an emergency rule, proposed by the agency; (ii) Financial impact statement for the proposed rule; (iii) Notice for the adoption, amendment, or repeal of any rule required to be published on the internet under this section; (iv) Statement setting forth the reason for the proposed rule; and (v) Summary of the proposed rule. (B) An agency shall file with the Arkansas State Library a copy of each rule, including without limitation an emergency rule, finalized by the agency and a financial impact statement for the rule. (C) A rule shall be filed in compliance with this section and with §§ 10-3-309 and 25-15-218 . (2) The Secretary of State shall keep a register of the rules open to public inspection, and it shall be a permanent register. (3) If the purpose of a state agency rule is to implement a federal rule or regulation, the financial impact statement shall include: (A) The cost to implement the federal rule or regulation; and (B) The additional cost of the state rule. (4) (A) If a financial impact statement reveals a new or increased cost or obligation of at least one hundred thousand dollars ($100,000) per year to a private individual, private entity, private business, state government, county government, municipal government, or to two (2) or more of those entities combined, the agency shall file written findings at the time of filing the financial impact statement. (B) The written findings shall be filed simultaneously with the financial impact statement and shall include without limitation: (i) A statement of the rule's basis and purpose; (ii) The problem the agency seeks to address with the proposed rule, including a statement of whether a rule is required by statute; (iii) A description of the factual evidence that: (a) Justifies the agency's need for the proposed rule; and (b) Describes how the benefits of the rule meet the relevant statutory objectives and justify the rule's costs; (iv) A list of less costly alternatives to the proposed rule and the reasons why the alternatives do not adequately address the problem to be solved by the proposed rule; (v) A list of alternatives to the proposed rule that were suggested as a result of public comment and the reasons why the alternatives do not adequately address the problem to be solved by the proposed rule; (vi) (a) A statement of whether existing rules have created or contributed to the problem the agency seeks to address with the proposed rule. (b) If existing rules have created or contributed to the problem, an explanation of why amendment or repeal of the rule creating or contributing to the problem is not a sufficient response; and (vii) An agency plan for review of the rule no less than every ten (10) years to determine whether, based upon the evidence, there remains a need for the rule, including without limitation whether: (a) The rule is achieving the statutory objectives; (b) The benefits of the rule continue to justify its costs; and (c) The rule can be amended or repealed to reduce costs while continuing to achieve the statutory objections.

(1) (A) An agency shall file with the Secretary of State and the Legislative Council a: (i) Copy of each rule, including without limitation an emergency rule, proposed by the agency; (ii) Financial impact statement for the proposed rule; (iii) Notice for the adoption, amendment, or repeal of any rule required to be published on the internet under this section; (iv) Statement setting forth the reason for the proposed rule; and (v) Summary of the proposed rule. (B) An agency shall file with the Arkansas State Library a copy of each rule, including without limitation an emergency rule, finalized by the agency and a financial impact statement for the rule. (C) A rule shall be filed in compliance with this section and with §§ 10-3-309 and 25-15-218 .

(A) An agency shall file with the Secretary of State and the Legislative Council a: (i) Copy of each rule, including without limitation an emergency rule, proposed by the agency; (ii) Financial impact statement for the proposed rule; (iii) Notice for the adoption, amendment, or repeal of any rule required to be published on the internet under this section; (iv) Statement setting forth the reason for the proposed rule; and (v) Summary of the proposed rule.

(i) Copy of each rule, including without limitation an emergency rule, proposed by the agency;

(ii) Financial impact statement for the proposed rule;

(iii) Notice for the adoption, amendment, or repeal of any rule required to be published on the internet under this section;

(iv) Statement setting forth the reason for the proposed rule; and

(v) Summary of the proposed rule.

(B) An agency shall file with the Arkansas State Library a copy of each rule, including without limitation an emergency rule, finalized by the agency and a financial impact statement for the rule.

(C) A rule shall be filed in compliance with this section and with §§ 10-3-309 and 25-15-218 .

(2) The Secretary of State shall keep a register of the rules open to public inspection, and it shall be a permanent register.

(3) If the purpose of a state agency rule is to implement a federal rule or regulation, the financial impact statement shall include: (A) The cost to implement the federal rule or regulation; and (B) The additional cost of the state rule.

(A) The cost to implement the federal rule or regulation; and

(B) The additional cost of the state rule.

(4) (A) If a financial impact statement reveals a new or increased cost or obligation of at least one hundred thousand dollars ($100,000) per year to a private individual, private entity, private business, state government, county government, municipal government, or to two (2) or more of those entities combined, the agency shall file written findings at the time of filing the financial impact statement. (B) The written findings shall be filed simultaneously with the financial impact statement and shall include without limitation: (i) A statement of the rule's basis and purpose; (ii) The problem the agency seeks to address with the proposed rule, including a statement of whether a rule is required by statute; (iii) A description of the factual evidence that: (a) Justifies the agency's need for the proposed rule; and (b) Describes how the benefits of the rule meet the relevant statutory objectives and justify the rule's costs; (iv) A list of less costly alternatives to the proposed rule and the reasons why the alternatives do not adequately address the problem to be solved by the proposed rule; (v) A list of alternatives to the proposed rule that were suggested as a result of public comment and the reasons why the alternatives do not adequately address the problem to be solved by the proposed rule; (vi) (a) A statement of whether existing rules have created or contributed to the problem the agency seeks to address with the proposed rule. (b) If existing rules have created or contributed to the problem, an explanation of why amendment or repeal of the rule creating or contributing to the problem is not a sufficient response; and (vii) An agency plan for review of the rule no less than every ten (10) years to determine whether, based upon the evidence, there remains a need for the rule, including without limitation whether: (a) The rule is achieving the statutory objectives; (b) The benefits of the rule continue to justify its costs; and (c) The rule can be amended or repealed to reduce costs while continuing to achieve the statutory objections.

(A) If a financial impact statement reveals a new or increased cost or obligation of at least one hundred thousand dollars ($100,000) per year to a private individual, private entity, private business, state government, county government, municipal government, or to two (2) or more of those entities combined, the agency shall file written findings at the time of filing the financial impact statement.

(B) The written findings shall be filed simultaneously with the financial impact statement and shall include without limitation: (i) A statement of the rule's basis and purpose; (ii) The problem the agency seeks to address with the proposed rule, including a statement of whether a rule is required by statute; (iii) A description of the factual evidence that: (a) Justifies the agency's need for the proposed rule; and (b) Describes how the benefits of the rule meet the relevant statutory objectives and justify the rule's costs; (iv) A list of less costly alternatives to the proposed rule and the reasons why the alternatives do not adequately address the problem to be solved by the proposed rule; (v) A list of alternatives to the proposed rule that were suggested as a result of public comment and the reasons why the alternatives do not adequately address the problem to be solved by the proposed rule; (vi) (a) A statement of whether existing rules have created or contributed to the problem the agency seeks to address with the proposed rule. (b) If existing rules have created or contributed to the problem, an explanation of why amendment or repeal of the rule creating or contributing to the problem is not a sufficient response; and (vii) An agency plan for review of the rule no less than every ten (10) years to determine whether, based upon the evidence, there remains a need for the rule, including without limitation whether: (a) The rule is achieving the statutory objectives; (b) The benefits of the rule continue to justify its costs; and (c) The rule can be amended or repealed to reduce costs while continuing to achieve the statutory objections.

(i) A statement of the rule's basis and purpose;

(ii) The problem the agency seeks to address with the proposed rule, including a statement of whether a rule is required by statute;

(iii) A description of the factual evidence that: (a) Justifies the agency's need for the proposed rule; and (b) Describes how the benefits of the rule meet the relevant statutory objectives and justify the rule's costs;

(a) Justifies the agency's need for the proposed rule; and

(b) Describes how the benefits of the rule meet the relevant statutory objectives and justify the rule's costs;

(iv) A list of less costly alternatives to the proposed rule and the reasons why the alternatives do not adequately address the problem to be solved by the proposed rule;

(v) A list of alternatives to the proposed rule that were suggested as a result of public comment and the reasons why the alternatives do not adequately address the problem to be solved by the proposed rule;

(vi) (a) A statement of whether existing rules have created or contributed to the problem the agency seeks to address with the proposed rule. (b) If existing rules have created or contributed to the problem, an explanation of why amendment or repeal of the rule creating or contributing to the problem is not a sufficient response; and

(a) A statement of whether existing rules have created or contributed to the problem the agency seeks to address with the proposed rule.

(b) If existing rules have created or contributed to the problem, an explanation of why amendment or repeal of the rule creating or contributing to the problem is not a sufficient response; and

(vii) An agency plan for review of the rule no less than every ten (10) years to determine whether, based upon the evidence, there remains a need for the rule, including without limitation whether: (a) The rule is achieving the statutory objectives; (b) The benefits of the rule continue to justify its costs; and (c) The rule can be amended or repealed to reduce costs while continuing to achieve the statutory objections.

(a) The rule is achieving the statutory objectives;

(b) The benefits of the rule continue to justify its costs; and

(c) The rule can be amended or repealed to reduce costs while continuing to achieve the statutory objections.

(f) An agency shall not file a final rule with the Secretary of State for adoption unless the final rule has been approved under § 10-3-309 .

(g) (1) (A) Each rule adopted by an agency is effective ten (10) days after filing of the final rule with the Secretary of State unless a later date is specified by law or in the rule itself. (B) A final rule shall not be filed until the thirty-day public comment period required under subdivision (a)(1)(A) of this section has expired. (C) (i) After the expiration of the thirty-day public comment period and before the effective date of the rule, the agency promulgating the rule shall take appropriate measures to make the final rule known to the persons who may be affected by the rule. (ii) Appropriate measures shall include without limitation posting the following information on the agency's website: (a) The final rule; (b) Copies of all written comments submitted to the agency regarding the rule; (c) A summary of all written and oral comments submitted to the agency regarding the rule and the agency's response to those comments; (d) A summary of the financial impact of the rule; and (e) The proposed effective date of the final rule. (2) (A) (i) However, an emergency rule may become effective immediately upon filing or at a stated time less than ten (10) days after filing if the agency finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare. (ii) The agency's finding, a brief statement of the reasons for the finding, and the financial impact statement shall be filed with the rule. (B) The agency shall take appropriate measures to make emergency rules known to the persons who may be affected by the emergency rules. (3) To ensure that the Code of Arkansas Rules is updated when a rule goes into effect, the Secretary of State shall work with the Bureau of Legislative Research to implement and maintain a system that notifies the Bureau of Legislative Research when a final rule is filed with the Secretary of State, including without limitation notification of the date the final rule: (A) Was filed with the Secretary of State; and (B) Will become effective.

(1) (A) Each rule adopted by an agency is effective ten (10) days after filing of the final rule with the Secretary of State unless a later date is specified by law or in the rule itself. (B) A final rule shall not be filed until the thirty-day public comment period required under subdivision (a)(1)(A) of this section has expired. (C) (i) After the expiration of the thirty-day public comment period and before the effective date of the rule, the agency promulgating the rule shall take appropriate measures to make the final rule known to the persons who may be affected by the rule. (ii) Appropriate measures shall include without limitation posting the following information on the agency's website: (a) The final rule; (b) Copies of all written comments submitted to the agency regarding the rule; (c) A summary of all written and oral comments submitted to the agency regarding the rule and the agency's response to those comments; (d) A summary of the financial impact of the rule; and (e) The proposed effective date of the final rule.

(A) Each rule adopted by an agency is effective ten (10) days after filing of the final rule with the Secretary of State unless a later date is specified by law or in the rule itself.

(B) A final rule shall not be filed until the thirty-day public comment period required under subdivision (a)(1)(A) of this section has expired.

(C) (i) After the expiration of the thirty-day public comment period and before the effective date of the rule, the agency promulgating the rule shall take appropriate measures to make the final rule known to the persons who may be affected by the rule. (ii) Appropriate measures shall include without limitation posting the following information on the agency's website: (a) The final rule; (b) Copies of all written comments submitted to the agency regarding the rule; (c) A summary of all written and oral comments submitted to the agency regarding the rule and the agency's response to those comments; (d) A summary of the financial impact of the rule; and (e) The proposed effective date of the final rule.

(i) After the expiration of the thirty-day public comment period and before the effective date of the rule, the agency promulgating the rule shall take appropriate measures to make the final rule known to the persons who may be affected by the rule.

(ii) Appropriate measures shall include without limitation posting the following information on the agency's website: (a) The final rule; (b) Copies of all written comments submitted to the agency regarding the rule; (c) A summary of all written and oral comments submitted to the agency regarding the rule and the agency's response to those comments; (d) A summary of the financial impact of the rule; and (e) The proposed effective date of the final rule.

(a) The final rule;

(b) Copies of all written comments submitted to the agency regarding the rule;

(c) A summary of all written and oral comments submitted to the agency regarding the rule and the agency's response to those comments;

(d) A summary of the financial impact of the rule; and

(e) The proposed effective date of the final rule.

(2) (A) (i) However, an emergency rule may become effective immediately upon filing or at a stated time less than ten (10) days after filing if the agency finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare. (ii) The agency's finding, a brief statement of the reasons for the finding, and the financial impact statement shall be filed with the rule. (B) The agency shall take appropriate measures to make emergency rules known to the persons who may be affected by the emergency rules.

(A) (i) However, an emergency rule may become effective immediately upon filing or at a stated time less than ten (10) days after filing if the agency finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare. (ii) The agency's finding, a brief statement of the reasons for the finding, and the financial impact statement shall be filed with the rule.

(i) However, an emergency rule may become effective immediately upon filing or at a stated time less than ten (10) days after filing if the agency finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare.

(ii) The agency's finding, a brief statement of the reasons for the finding, and the financial impact statement shall be filed with the rule.

(B) The agency shall take appropriate measures to make emergency rules known to the persons who may be affected by the emergency rules.

(3) To ensure that the Code of Arkansas Rules is updated when a rule goes into effect, the Secretary of State shall work with the Bureau of Legislative Research to implement and maintain a system that notifies the Bureau of Legislative Research when a final rule is filed with the Secretary of State, including without limitation notification of the date the final rule: (A) Was filed with the Secretary of State; and (B) Will become effective.

(A) Was filed with the Secretary of State; and

(B) Will become effective.

(h) A rule adopted after June 30, 1967, is not valid unless adopted and filed in substantial compliance with this section.

(i) (1) In a proceeding that questions the existence of imminent peril to the public health, safety, or welfare, a written finding by an agency that adopting an emergency rule was necessary to avoid the loss of federal funding or certification establishes a prima facie case of the existence of imminent peril to the public health, safety, or welfare. (2) The burden of proof shifts to the challenger to rebut the existence of the condition by a preponderance of the evidence.

(1) In a proceeding that questions the existence of imminent peril to the public health, safety, or welfare, a written finding by an agency that adopting an emergency rule was necessary to avoid the loss of federal funding or certification establishes a prima facie case of the existence of imminent peril to the public health, safety, or welfare.

(2) The burden of proof shifts to the challenger to rebut the existence of the condition by a preponderance of the evidence.

Amended by Act 2023, No. 80,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 662,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 319,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 319,§ 4, eff. 7/24/2019.

Amended by Act 2017, No. 1079,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1258,§ 40, eff. 7/22/2015.

Amended by Act 2013, No. 1057,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 759,§ 4, eff. 8/16/2013.

Acts 1967, No. 434, § 3; 1979, No. 62, § 1; 1985, No. 139, § 1; A.S.A. 1947, § 5-703; Acts 1989, No. 932, §§ 1, 2; 1993, No. 1106, § 1; 1995, No. 459, § 3; 1995, No. 884, §§ 1-3; 1995, No. 1104, § 1; 1997, No. 406, § 1; 1997, No. 533, § 4; 2001, No. 1648, § 3; 2003, No. 1478, § 1; 2005, No. 1259, § 1; 2006 (1st Ex. Sess.), No. 38, § 3; 2007, No. 143, § 2; 2011, No. 587, § 2; 2011, No. 1015, § 1; 2011, No. 1016, § 1.
Ark. Code Ann. § 25-43-108 — AR Code / Title 25 / Chapter 43 / Subchapter 1 / Section 25-43-108
Cabinet-level department secretary - Definition
Status: in_force

(a) A secretary of a cabinet-level department shall, unless otherwise provided by law: (1) Be the executive head of each cabinet-level department; (2) Be appointed by the Governor, subject to confirmation by the Senate; (3) Serve at the pleasure of the Governor; (4) Before entering upon his or her respective duties, take and subscribe to and file in the office of the Secretary of State, the oath under Arkansas Constitution, Article 19, § 20, that he or she will support the United States Constitution and the Arkansas Constitution and faithfully perform the duties upon which he or she is about to enter; and (5) (A) Furnish bond to the state, with a corporate surety, in the sum of ten thousand dollars ($10,000). (B) The bond under subdivision (a)(5)(A) of this section shall be conditioned that he or she will faithfully perform his or her duties of employment and properly account for all funds received and disbursed by him or her. (C) The bond shall be filed with the Secretary of State and an executed counterpart of the bond shall be filed with the Auditor of State. (b) (1) Unless otherwise provided by law, each division of the cabinet-level department shall be under the direction, control, and supervision of the secretary of the cabinet-level department. (2) The secretary of the cabinet-level department shall hire department employees, unless otherwise provided by law. (c) The secretary of the cabinet-level department may, unless otherwise provided by law: (1) Delegate his or her functions, powers, and duties to various divisions or employees of the cabinet-level department as he or she shall deem desirable and necessary for the effective and efficient operation of the cabinet-level department; (2) Perform or assign duties assigned to the cabinet-level department; and (3) Serve as the director, or the administrative or executive head of any state entity under the administrative control of the cabinet-level department if the secretary of the cabinet-level department also meets all statutory requirements for the position. (d) There is hereby created one (1) new classification and position for the executive head for each cabinet-level department, designated as follows: (1) Secretary of the Department of Agriculture; (2) Secretary of the Department of Commerce; (3) Secretary of the Department of Corrections; (4) Secretary of the Department of Education; (5) Secretary of the Department of Energy and Environment; (6) Secretary of the Department of Finance and Administration; (7) Secretary of the Department of Health; (8) Secretary of the Department of Human Services; (9) Secretary of the Department of Inspector General; (10) Secretary of the Department of Labor and Licensing; (11) Secretary of the Department of the Military; (12) Secretary of the Department of Parks, Heritage, and Tourism; (13) Secretary of the Department of Public Safety; (14) Secretary of the Department of Transformation and Shared Services; and (15) Secretary of the Department of Veterans Affairs. (e) The secretary of a cabinet-level department may be compelled by mandamus to perform any duties or obligations under a bond, contract, or agreement issued, made, or to be performed by each state entity administered by the cabinet-level department. (f) (1) If a provision of the Transformation and Efficiencies Act of 2019 requires a director, commissioner, or other executive head of a state entity to consult with the secretary of a cabinet-level department regarding a duty or function of the state entity, "consultation" means: (A) (i) When working on behalf of a governing state entity, coordinating with and receiving input, review, and recommendations from the secretary of the cabinet-level department. (ii) "Consultation" under this subdivision (f)(1)(A) does not include approval or consent; and (B) When working on behalf of a state entity other than a governing state entity, coordinating with and receiving input, review, recommendations, advice, and consent of the secretary of the cabinet-level department. (2) As used in this subsection, "governing state entity" means a state entity, including without limitation a board, commission, or council, whose membership consists of: (A) Two (2) or more appointed members; (B) Two (2) or more ex-officio members; or (C) Both appointed and ex-officio members. Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.

(a) A secretary of a cabinet-level department shall, unless otherwise provided by law: (1) Be the executive head of each cabinet-level department; (2) Be appointed by the Governor, subject to confirmation by the Senate; (3) Serve at the pleasure of the Governor; (4) Before entering upon his or her respective duties, take and subscribe to and file in the office of the Secretary of State, the oath under Arkansas Constitution, Article 19, § 20, that he or she will support the United States Constitution and the Arkansas Constitution and faithfully perform the duties upon which he or she is about to enter; and (5) (A) Furnish bond to the state, with a corporate surety, in the sum of ten thousand dollars ($10,000). (B) The bond under subdivision (a)(5)(A) of this section shall be conditioned that he or she will faithfully perform his or her duties of employment and properly account for all funds received and disbursed by him or her. (C) The bond shall be filed with the Secretary of State and an executed counterpart of the bond shall be filed with the Auditor of State.

(1) Be the executive head of each cabinet-level department;

(2) Be appointed by the Governor, subject to confirmation by the Senate;

(3) Serve at the pleasure of the Governor;

(4) Before entering upon his or her respective duties, take and subscribe to and file in the office of the Secretary of State, the oath under Arkansas Constitution, Article 19, § 20, that he or she will support the United States Constitution and the Arkansas Constitution and faithfully perform the duties upon which he or she is about to enter; and

(5) (A) Furnish bond to the state, with a corporate surety, in the sum of ten thousand dollars ($10,000). (B) The bond under subdivision (a)(5)(A) of this section shall be conditioned that he or she will faithfully perform his or her duties of employment and properly account for all funds received and disbursed by him or her. (C) The bond shall be filed with the Secretary of State and an executed counterpart of the bond shall be filed with the Auditor of State.

(A) Furnish bond to the state, with a corporate surety, in the sum of ten thousand dollars ($10,000).

(B) The bond under subdivision (a)(5)(A) of this section shall be conditioned that he or she will faithfully perform his or her duties of employment and properly account for all funds received and disbursed by him or her.

(C) The bond shall be filed with the Secretary of State and an executed counterpart of the bond shall be filed with the Auditor of State.

(b) (1) Unless otherwise provided by law, each division of the cabinet-level department shall be under the direction, control, and supervision of the secretary of the cabinet-level department. (2) The secretary of the cabinet-level department shall hire department employees, unless otherwise provided by law.

(1) Unless otherwise provided by law, each division of the cabinet-level department shall be under the direction, control, and supervision of the secretary of the cabinet-level department.

(2) The secretary of the cabinet-level department shall hire department employees, unless otherwise provided by law.

(c) The secretary of the cabinet-level department may, unless otherwise provided by law: (1) Delegate his or her functions, powers, and duties to various divisions or employees of the cabinet-level department as he or she shall deem desirable and necessary for the effective and efficient operation of the cabinet-level department; (2) Perform or assign duties assigned to the cabinet-level department; and (3) Serve as the director, or the administrative or executive head of any state entity under the administrative control of the cabinet-level department if the secretary of the cabinet-level department also meets all statutory requirements for the position.

(1) Delegate his or her functions, powers, and duties to various divisions or employees of the cabinet-level department as he or she shall deem desirable and necessary for the effective and efficient operation of the cabinet-level department;

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

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

(d) There is hereby created one (1) new classification and position for the executive head for each cabinet-level department, designated as follows: (1) Secretary of the Department of Agriculture; (2) Secretary of the Department of Commerce; (3) Secretary of the Department of Corrections; (4) Secretary of the Department of Education; (5) Secretary of the Department of Energy and Environment; (6) Secretary of the Department of Finance and Administration; (7) Secretary of the Department of Health; (8) Secretary of the Department of Human Services; (9) Secretary of the Department of Inspector General; (10) Secretary of the Department of Labor and Licensing; (11) Secretary of the Department of the Military; (12) Secretary of the Department of Parks, Heritage, and Tourism; (13) Secretary of the Department of Public Safety; (14) Secretary of the Department of Transformation and Shared Services; and (15) Secretary of the Department of Veterans Affairs.

(1) Secretary of the Department of Agriculture;

(2) Secretary of the Department of Commerce;

(3) Secretary of the Department of Corrections;

(4) Secretary of the Department of Education;

(5) Secretary of the Department of Energy and Environment;

(6) Secretary of the Department of Finance and Administration;

(7) Secretary of the Department of Health;

(8) Secretary of the Department of Human Services;

(9) Secretary of the Department of Inspector General;

(10) Secretary of the Department of Labor and Licensing;

(11) Secretary of the Department of the Military;

(12) Secretary of the Department of Parks, Heritage, and Tourism;

(13) Secretary of the Department of Public Safety;

(14) Secretary of the Department of Transformation and Shared Services; and

(15) Secretary of the Department of Veterans Affairs.

(e) The secretary of a cabinet-level department may be compelled by mandamus to perform any duties or obligations under a bond, contract, or agreement issued, made, or to be performed by each state entity administered by the cabinet-level department.

(f) (1) If a provision of the Transformation and Efficiencies Act of 2019 requires a director, commissioner, or other executive head of a state entity to consult with the secretary of a cabinet-level department regarding a duty or function of the state entity, "consultation" means: (A) (i) When working on behalf of a governing state entity, coordinating with and receiving input, review, and recommendations from the secretary of the cabinet-level department. (ii) "Consultation" under this subdivision (f)(1)(A) does not include approval or consent; and (B) When working on behalf of a state entity other than a governing state entity, coordinating with and receiving input, review, recommendations, advice, and consent of the secretary of the cabinet-level department. (2) As used in this subsection, "governing state entity" means a state entity, including without limitation a board, commission, or council, whose membership consists of: (A) Two (2) or more appointed members; (B) Two (2) or more ex-officio members; or (C) Both appointed and ex-officio members.

(1) If a provision of the Transformation and Efficiencies Act of 2019 requires a director, commissioner, or other executive head of a state entity to consult with the secretary of a cabinet-level department regarding a duty or function of the state entity, "consultation" means: (A) (i) When working on behalf of a governing state entity, coordinating with and receiving input, review, and recommendations from the secretary of the cabinet-level department. (ii) "Consultation" under this subdivision (f)(1)(A) does not include approval or consent; and (B) When working on behalf of a state entity other than a governing state entity, coordinating with and receiving input, review, recommendations, advice, and consent of the secretary of the cabinet-level department.

(A) (i) When working on behalf of a governing state entity, coordinating with and receiving input, review, and recommendations from the secretary of the cabinet-level department. (ii) "Consultation" under this subdivision (f)(1)(A) does not include approval or consent; and

(i) When working on behalf of a governing state entity, coordinating with and receiving input, review, and recommendations from the secretary of the cabinet-level department.

(ii) "Consultation" under this subdivision (f)(1)(A) does not include approval or consent; and

(B) When working on behalf of a state entity other than a governing state entity, coordinating with and receiving input, review, recommendations, advice, and consent of the secretary of the cabinet-level department.

(2) As used in this subsection, "governing state entity" means a state entity, including without limitation a board, commission, or council, whose membership consists of: (A) Two (2) or more appointed members; (B) Two (2) or more ex-officio members; or (C) Both appointed and ex-officio members.

(A) Two (2) or more appointed members;

(B) Two (2) or more ex-officio members; or

(C) Both appointed and ex-officio members.

Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.
Ark. Code Ann. § 25-18-218 — AR Code / Title 25 / Chapter 18 / Subchapter 2 / Section 25-18-218
Supreme Court and Court of Appeals reports - Medium of publication - Distribution
Status: in_force

(a) (1) The reports of the Supreme Court and the Court of Appeals shall be published and distributed in such format and medium as the Supreme Court may direct. (2) The medium shall be a permanent, secure, and unalterable record of the final, official decisions of the Supreme Court and the Court of Appeals. (b) (1) The reports shall be made publicly available for viewing at no charge via the Internet or other medium that is readily accessible by the public. (2) However, the Administrative Office of the Courts may establish: (A) A system of subscription-based access to additional features; and (B) Reasonable charges for the provision of reports on disc or other physical medium. Acts 1925, No. 357, § 2; Pope's Dig., §§ 1616, 13329; Acts 1955, No. 429, § 3; 1975, No. 328, § 1; A.S.A. 1947, §§ 14-421, 14-421.1; Acts 1987, No. 644, § 1; 1989, No. 488, § 7; 1995, No. 549, § 1; 2009, No. 221, § 17.

(a) (1) The reports of the Supreme Court and the Court of Appeals shall be published and distributed in such format and medium as the Supreme Court may direct. (2) The medium shall be a permanent, secure, and unalterable record of the final, official decisions of the Supreme Court and the Court of Appeals.

(1) The reports of the Supreme Court and the Court of Appeals shall be published and distributed in such format and medium as the Supreme Court may direct.

(2) The medium shall be a permanent, secure, and unalterable record of the final, official decisions of the Supreme Court and the Court of Appeals.

(b) (1) The reports shall be made publicly available for viewing at no charge via the Internet or other medium that is readily accessible by the public. (2) However, the Administrative Office of the Courts may establish: (A) A system of subscription-based access to additional features; and (B) Reasonable charges for the provision of reports on disc or other physical medium.

(1) The reports shall be made publicly available for viewing at no charge via the Internet or other medium that is readily accessible by the public.

(2) However, the Administrative Office of the Courts may establish: (A) A system of subscription-based access to additional features; and (B) Reasonable charges for the provision of reports on disc or other physical medium.

(A) A system of subscription-based access to additional features; and

(B) Reasonable charges for the provision of reports on disc or other physical medium.

Acts 1925, No. 357, § 2; Pope's Dig., §§ 1616, 13329; Acts 1955, No. 429, § 3; 1975, No. 328, § 1; A.S.A. 1947, §§ 14-421, 14-421.1; Acts 1987, No. 644, § 1; 1989, No. 488, § 7; 1995, No. 549, § 1; 2009, No. 221, § 17.
Ark. Code Ann. § 25-43-112 — AR Code / Title 25 / Chapter 43 / Subchapter 1 / Section 25-43-112
[Repealed]
Status: repealed

Repealed by Act 2023, No. 312,§ 1, eff. 8/1/2023. Added by Act 2021, No. 1111,§ 2, eff. 5/3/2021.

Repealed by Act 2023, No. 312,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 1111,§ 2, eff. 5/3/2021.
Ark. Code Ann. § 25-9-106 — AR Code / Title 25 / Chapter 9 / Section 25-9-106
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 5116, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 120, eff. 8/1/2017. Amended by Act 2017, No. 707,§ 290, eff. 8/1/2017. Amended by Act 2015, No. 299,§ 33, eff. 7/22/2015. Amended by Act 2013, No. 1107,§ 44, eff. 8/16/2013. Acts 1999, No. 1219, § 1; 1999, No. 1426, § 50.

Repealed by Act 2019, No. 910,§ 5116, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 120, eff. 8/1/2017.

Amended by Act 2017, No. 707,§ 290, eff. 8/1/2017.

Amended by Act 2015, No. 299,§ 33, eff. 7/22/2015.

Amended by Act 2013, No. 1107,§ 44, eff. 8/16/2013.

Acts 1999, No. 1219, § 1; 1999, No. 1426, § 50.
Ark. Code Ann. § 25-43-1004 — AR Code / Title 25 / Chapter 43 / Subchapter 10 / Section 25-43-1004
Office of Internal Audit - Audits and duties - Definitions
Status: in_force

(a) The Office of Internal Audit is created within the Department of Inspector General. (b) As used in this section, "covered entities" means a department, agency, board, commission, division, institution, or other office of the state government located in the executive branch. (c) The Office of Internal Audit may audit and investigate covered entities or transactions of covered entities, and provide consultation activities at the request of covered entities. (d) Unless otherwise subject to audits by statutes, this subchapter does not apply to: (1) Members of the General Assembly; (2) Employees of the legislative branch; (3) Justices of the Supreme Court, judges of the Court of Appeals, or judges of inferior courts; (4) Employees of the judicial branch of the state government; (5) Constitutional offices or departments and employees of constitutional offices or departments; or (6) State-supported colleges and universities and employees of state-supported colleges and universities. (e) The Office of Internal Audit may: (1) Audit: (A) The financial and operating controls and the transactions of covered entities to determine the level of conformity with established laws, standards, rules, and procedures; and (B) The various functions within covered entities to appraise the efficiency and economy of operations and the effectiveness with which the functions achieve operational, reporting, and compliance objectives, including without limitation a review of established internal control activities; (2) Investigate reported or identified occurrences of fraud, embezzlement, theft, waste, abuse, or mismanagement of state resources; (3) Consult with covered entities to: (A) Resolve areas of concern; and (B) Establish appropriate internal controls to prevent errors or irregularities; (4) Coordinate control self-assessments of covered entities biennially; (5) (A) Conduct an annual project review and efficiency study of the Arkansas Department of Transportation, including without limitation a review of processes, procedures, procurement, projects, appeals, and expenditures. (B) The results of the study under subdivision (e)(5)(A) of this section shall be reported to the Legislative Council no later than October 1 of each year with the first report to be submitted on or before October 1, 2023; and (6) Perform other functions consistent with this section as directed by the Governor or Secretary of the Department of Inspector General. (f) (1) An audit by the Office of Internal Audit means an engagement in which evidence is assessed to provide opinions or conclusions regarding the operations, functions, processes, systems, or other subject matter of covered entities. (2) The Office of Internal Audit may provide audits such as performance auditing, operation auditing, investigations, and management requested audits. (3) The Office of Internal Audit shall determine the nature and scope of the audit. (4) An official written report is required at the completion of each audit or investigation performed by the Office of Internal Audit. (5) When a written report is prepared by the Office of Internal Audit at the conclusion of the audit or investigation, the written report shall be distributed to: (A) The Secretary of the Department of Inspector General; (B) The Governor's office; (C) Arkansas Legislative Audit; (D) The covered entity; and (E) Other appropriate parties as determined by the Office of Internal Audit. (g) (1) The Office of Internal Audit may perform consulting services that are advisory in nature and generally performed at the specific request of a covered entity, including without limitation system design, analysis of internal control or business process design, counsel, advice, facilitation, training, and participation on committees. (2) Communications relating to consulting services may be determined by the engagement client in the form of oral discussions, memorandums, letters, or a written report as needed. (h) (1) The Office of Internal Audit shall not be assigned duties or engage in any activities that the Office of Internal Audit would not normally be expected to audit. (2) The Office of Internal Audit shall adhere to the International Professional Practices Framework of the Institute of Internal Auditors and the Implementation Guides, Practice Guides, and Position Papers of the Institute of Internal Auditors. (i) (1) A covered entity shall cooperate fully with the Office of Internal Audit. (2) The Office of Internal Audit, with strict accountability for confidentiality and safeguarding records and information, may have full, free, and unrestricted access to all records, physical properties, and personnel of covered entities. (3) The Office of Internal Audit shall have access to all records, information, electronic or written data, reports, plans, projections, matters, contracts, memoranda, correspondence, and any other materials of a covered entity and shall be deemed to be an authorized representative and agent of each covered entity for the purposes of: (A) Examining and investigating the records of all contractors, subcontractors, grantees, or subgrantees of covered agencies, that relate to contracts, subcontracts, grants, or subgrants with covered entities; and (B) Obtaining access to any records of a covered entity or current or former employee of a covered entity in the possession of a third party, including without limitation bank account records, when those records are related to an ongoing investigation or audit. (j) (1) In the performance of the Office of Internal Audit's duties, the Office of Internal Audit may ascertain, inspect, confirm, copy, audit, and examine any financial records, documents, electronic data, or accounts of any financial institution, business, or nonprofit entity or any other person or entity regarding transactions or relationships with a covered entity. (2) A financial institution, business, nonprofit entity, or any other person or entity is not liable for making available to the Office of Internal Audit any of the information required under this section. (3) Records that are exempt from public disclosure of the entity's custodian are exempt from public disclosure of the Office of Internal Audit. (k) (1) In connection with an audit or investigation of any covered state entity or an audit related to any transactions or relationships with covered entities, the Office of Internal Audit may issue a subpoena for records or issue a summons and subpoena to any person whose testimony may be deemed necessary to appear before the Office of Internal Audit at a time and place and with papers, files, and records named in the summons or subpoena. (2) In conducting any audit or examination, the Office of Internal Audit may administer oaths. (3) The subpoena under subdivision (k)(1) of this section may be served by certified mail, return receipt requested, at the addressee's residence or business address or in person, by: (A) Representatives of the Office of Internal Audit; (B) The sheriff of the county in which the person, books, records, or documents subpoenaed are located; or (C) The Division of Arkansas State Police. (4) A sheriff serving a subpoena under subdivision (k)(3) of this section may receive the same fees for the service of process as provided by law for service of process issued by the circuit court. (l) (1) If a person refuses to obey a subpoena issued by the Office of Internal Audit, upon application by the Office of Internal Audit, the circuit court of the county in which the Office of Internal Audit is domiciled may issue an order to the person requiring the person to appear before the court to show cause as to why an order shall not be issued ordering such person to obey the subpoena, and the person may be adjudged in contempt of court. (2) If a person placed under oath or subpoenaed by the Office of Internal Audit knowingly gives false testimony that is material to an audit, that person shall be deemed guilty of perjury upon conviction by a court of competent jurisdiction. (m) (1) Except as provided in subdivision (m)(2) of this section, all internal audit documentation, including notes, memoranda, preliminary drafts of audit reports, and other data gathered in the preparation of internal audit reports by the Office of Internal Audit, are privileged and confidential and are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) (A) The exemption from the Freedom of Information Act of 1967, § 25-19-101 et seq., granted to the privileged and confidential materials described in subdivision (m)(1) of this section does not apply to completed internal audits of the Office of Internal Audit after a final report of the internal audit has been presented to: (i) The Secretary of the Department of Inspector General; (ii) The Governor or the Governor's designee; (iii) Arkansas Legislative Audit; and (iv) The covered entity. (B) The final report and copies of any supporting documentation are open to public inspection and copying, except for documents that are exempt from disclosure under other law, unsubstantiated allegations, or information included in control self-assessments. (n) (1) This section does not authorize the Office of Internal Audit to subpoena, compel the production of, or otherwise obtain any records or documents in the possession of Arkansas Legislative Audit, including without limitation work papers, drafts of reports, supporting documentation, communications with third parties, electronic data, or fraud interviews. (2) The Office of Internal Audit is subject to subpoenas issued by the Legislative Joint Auditing Committee under § 10-3-411 or the Legislative Auditor consistent with § 10-4-421 , including all penalties contained in those laws. Added by Act 2021, No. 671,§ 3, eff. 7/28/2021.

(a) The Office of Internal Audit is created within the Department of Inspector General.

(b) As used in this section, "covered entities" means a department, agency, board, commission, division, institution, or other office of the state government located in the executive branch.

(c) The Office of Internal Audit may audit and investigate covered entities or transactions of covered entities, and provide consultation activities at the request of covered entities.

(d) Unless otherwise subject to audits by statutes, this subchapter does not apply to: (1) Members of the General Assembly; (2) Employees of the legislative branch; (3) Justices of the Supreme Court, judges of the Court of Appeals, or judges of inferior courts; (4) Employees of the judicial branch of the state government; (5) Constitutional offices or departments and employees of constitutional offices or departments; or (6) State-supported colleges and universities and employees of state-supported colleges and universities.

(1) Members of the General Assembly;

(2) Employees of the legislative branch;

(3) Justices of the Supreme Court, judges of the Court of Appeals, or judges of inferior courts;

(4) Employees of the judicial branch of the state government;

(5) Constitutional offices or departments and employees of constitutional offices or departments; or

(6) State-supported colleges and universities and employees of state-supported colleges and universities.

(e) The Office of Internal Audit may: (1) Audit: (A) The financial and operating controls and the transactions of covered entities to determine the level of conformity with established laws, standards, rules, and procedures; and (B) The various functions within covered entities to appraise the efficiency and economy of operations and the effectiveness with which the functions achieve operational, reporting, and compliance objectives, including without limitation a review of established internal control activities; (2) Investigate reported or identified occurrences of fraud, embezzlement, theft, waste, abuse, or mismanagement of state resources; (3) Consult with covered entities to: (A) Resolve areas of concern; and (B) Establish appropriate internal controls to prevent errors or irregularities; (4) Coordinate control self-assessments of covered entities biennially; (5) (A) Conduct an annual project review and efficiency study of the Arkansas Department of Transportation, including without limitation a review of processes, procedures, procurement, projects, appeals, and expenditures. (B) The results of the study under subdivision (e)(5)(A) of this section shall be reported to the Legislative Council no later than October 1 of each year with the first report to be submitted on or before October 1, 2023; and (6) Perform other functions consistent with this section as directed by the Governor or Secretary of the Department of Inspector General.

(1) Audit: (A) The financial and operating controls and the transactions of covered entities to determine the level of conformity with established laws, standards, rules, and procedures; and (B) The various functions within covered entities to appraise the efficiency and economy of operations and the effectiveness with which the functions achieve operational, reporting, and compliance objectives, including without limitation a review of established internal control activities;

(A) The financial and operating controls and the transactions of covered entities to determine the level of conformity with established laws, standards, rules, and procedures; and

(B) The various functions within covered entities to appraise the efficiency and economy of operations and the effectiveness with which the functions achieve operational, reporting, and compliance objectives, including without limitation a review of established internal control activities;

(2) Investigate reported or identified occurrences of fraud, embezzlement, theft, waste, abuse, or mismanagement of state resources;

(3) Consult with covered entities to: (A) Resolve areas of concern; and (B) Establish appropriate internal controls to prevent errors or irregularities;

(A) Resolve areas of concern; and

(B) Establish appropriate internal controls to prevent errors or irregularities;

(4) Coordinate control self-assessments of covered entities biennially;

(5) (A) Conduct an annual project review and efficiency study of the Arkansas Department of Transportation, including without limitation a review of processes, procedures, procurement, projects, appeals, and expenditures. (B) The results of the study under subdivision (e)(5)(A) of this section shall be reported to the Legislative Council no later than October 1 of each year with the first report to be submitted on or before October 1, 2023; and

(A) Conduct an annual project review and efficiency study of the Arkansas Department of Transportation, including without limitation a review of processes, procedures, procurement, projects, appeals, and expenditures.

(B) The results of the study under subdivision (e)(5)(A) of this section shall be reported to the Legislative Council no later than October 1 of each year with the first report to be submitted on or before October 1, 2023; and

(6) Perform other functions consistent with this section as directed by the Governor or Secretary of the Department of Inspector General.

(f) (1) An audit by the Office of Internal Audit means an engagement in which evidence is assessed to provide opinions or conclusions regarding the operations, functions, processes, systems, or other subject matter of covered entities. (2) The Office of Internal Audit may provide audits such as performance auditing, operation auditing, investigations, and management requested audits. (3) The Office of Internal Audit shall determine the nature and scope of the audit. (4) An official written report is required at the completion of each audit or investigation performed by the Office of Internal Audit. (5) When a written report is prepared by the Office of Internal Audit at the conclusion of the audit or investigation, the written report shall be distributed to: (A) The Secretary of the Department of Inspector General; (B) The Governor's office; (C) Arkansas Legislative Audit; (D) The covered entity; and (E) Other appropriate parties as determined by the Office of Internal Audit.

(1) An audit by the Office of Internal Audit means an engagement in which evidence is assessed to provide opinions or conclusions regarding the operations, functions, processes, systems, or other subject matter of covered entities.

(2) The Office of Internal Audit may provide audits such as performance auditing, operation auditing, investigations, and management requested audits.

(3) The Office of Internal Audit shall determine the nature and scope of the audit.

(4) An official written report is required at the completion of each audit or investigation performed by the Office of Internal Audit.

(5) When a written report is prepared by the Office of Internal Audit at the conclusion of the audit or investigation, the written report shall be distributed to: (A) The Secretary of the Department of Inspector General; (B) The Governor's office; (C) Arkansas Legislative Audit; (D) The covered entity; and (E) Other appropriate parties as determined by the Office of Internal Audit.

(A) The Secretary of the Department of Inspector General;

(B) The Governor's office;

(C) Arkansas Legislative Audit;

(D) The covered entity; and

(E) Other appropriate parties as determined by the Office of Internal Audit.

(g) (1) The Office of Internal Audit may perform consulting services that are advisory in nature and generally performed at the specific request of a covered entity, including without limitation system design, analysis of internal control or business process design, counsel, advice, facilitation, training, and participation on committees. (2) Communications relating to consulting services may be determined by the engagement client in the form of oral discussions, memorandums, letters, or a written report as needed.

(1) The Office of Internal Audit may perform consulting services that are advisory in nature and generally performed at the specific request of a covered entity, including without limitation system design, analysis of internal control or business process design, counsel, advice, facilitation, training, and participation on committees.

(2) Communications relating to consulting services may be determined by the engagement client in the form of oral discussions, memorandums, letters, or a written report as needed.

(h) (1) The Office of Internal Audit shall not be assigned duties or engage in any activities that the Office of Internal Audit would not normally be expected to audit. (2) The Office of Internal Audit shall adhere to the International Professional Practices Framework of the Institute of Internal Auditors and the Implementation Guides, Practice Guides, and Position Papers of the Institute of Internal Auditors.

(1) The Office of Internal Audit shall not be assigned duties or engage in any activities that the Office of Internal Audit would not normally be expected to audit.

(2) The Office of Internal Audit shall adhere to the International Professional Practices Framework of the Institute of Internal Auditors and the Implementation Guides, Practice Guides, and Position Papers of the Institute of Internal Auditors.

(i) (1) A covered entity shall cooperate fully with the Office of Internal Audit. (2) The Office of Internal Audit, with strict accountability for confidentiality and safeguarding records and information, may have full, free, and unrestricted access to all records, physical properties, and personnel of covered entities. (3) The Office of Internal Audit shall have access to all records, information, electronic or written data, reports, plans, projections, matters, contracts, memoranda, correspondence, and any other materials of a covered entity and shall be deemed to be an authorized representative and agent of each covered entity for the purposes of: (A) Examining and investigating the records of all contractors, subcontractors, grantees, or subgrantees of covered agencies, that relate to contracts, subcontracts, grants, or subgrants with covered entities; and (B) Obtaining access to any records of a covered entity or current or former employee of a covered entity in the possession of a third party, including without limitation bank account records, when those records are related to an ongoing investigation or audit.

(1) A covered entity shall cooperate fully with the Office of Internal Audit.

(2) The Office of Internal Audit, with strict accountability for confidentiality and safeguarding records and information, may have full, free, and unrestricted access to all records, physical properties, and personnel of covered entities.

(3) The Office of Internal Audit shall have access to all records, information, electronic or written data, reports, plans, projections, matters, contracts, memoranda, correspondence, and any other materials of a covered entity and shall be deemed to be an authorized representative and agent of each covered entity for the purposes of: (A) Examining and investigating the records of all contractors, subcontractors, grantees, or subgrantees of covered agencies, that relate to contracts, subcontracts, grants, or subgrants with covered entities; and (B) Obtaining access to any records of a covered entity or current or former employee of a covered entity in the possession of a third party, including without limitation bank account records, when those records are related to an ongoing investigation or audit.

(A) Examining and investigating the records of all contractors, subcontractors, grantees, or subgrantees of covered agencies, that relate to contracts, subcontracts, grants, or subgrants with covered entities; and

(B) Obtaining access to any records of a covered entity or current or former employee of a covered entity in the possession of a third party, including without limitation bank account records, when those records are related to an ongoing investigation or audit.

(j) (1) In the performance of the Office of Internal Audit's duties, the Office of Internal Audit may ascertain, inspect, confirm, copy, audit, and examine any financial records, documents, electronic data, or accounts of any financial institution, business, or nonprofit entity or any other person or entity regarding transactions or relationships with a covered entity. (2) A financial institution, business, nonprofit entity, or any other person or entity is not liable for making available to the Office of Internal Audit any of the information required under this section. (3) Records that are exempt from public disclosure of the entity's custodian are exempt from public disclosure of the Office of Internal Audit.

(1) In the performance of the Office of Internal Audit's duties, the Office of Internal Audit may ascertain, inspect, confirm, copy, audit, and examine any financial records, documents, electronic data, or accounts of any financial institution, business, or nonprofit entity or any other person or entity regarding transactions or relationships with a covered entity.

(2) A financial institution, business, nonprofit entity, or any other person or entity is not liable for making available to the Office of Internal Audit any of the information required under this section.

(3) Records that are exempt from public disclosure of the entity's custodian are exempt from public disclosure of the Office of Internal Audit.

(k) (1) In connection with an audit or investigation of any covered state entity or an audit related to any transactions or relationships with covered entities, the Office of Internal Audit may issue a subpoena for records or issue a summons and subpoena to any person whose testimony may be deemed necessary to appear before the Office of Internal Audit at a time and place and with papers, files, and records named in the summons or subpoena. (2) In conducting any audit or examination, the Office of Internal Audit may administer oaths. (3) The subpoena under subdivision (k)(1) of this section may be served by certified mail, return receipt requested, at the addressee's residence or business address or in person, by: (A) Representatives of the Office of Internal Audit; (B) The sheriff of the county in which the person, books, records, or documents subpoenaed are located; or (C) The Division of Arkansas State Police. (4) A sheriff serving a subpoena under subdivision (k)(3) of this section may receive the same fees for the service of process as provided by law for service of process issued by the circuit court.

(1) In connection with an audit or investigation of any covered state entity or an audit related to any transactions or relationships with covered entities, the Office of Internal Audit may issue a subpoena for records or issue a summons and subpoena to any person whose testimony may be deemed necessary to appear before the Office of Internal Audit at a time and place and with papers, files, and records named in the summons or subpoena.

(2) In conducting any audit or examination, the Office of Internal Audit may administer oaths.

(3) The subpoena under subdivision (k)(1) of this section may be served by certified mail, return receipt requested, at the addressee's residence or business address or in person, by: (A) Representatives of the Office of Internal Audit; (B) The sheriff of the county in which the person, books, records, or documents subpoenaed are located; or (C) The Division of Arkansas State Police.

(A) Representatives of the Office of Internal Audit;

(B) The sheriff of the county in which the person, books, records, or documents subpoenaed are located; or

(C) The Division of Arkansas State Police.

(4) A sheriff serving a subpoena under subdivision (k)(3) of this section may receive the same fees for the service of process as provided by law for service of process issued by the circuit court.

(l) (1) If a person refuses to obey a subpoena issued by the Office of Internal Audit, upon application by the Office of Internal Audit, the circuit court of the county in which the Office of Internal Audit is domiciled may issue an order to the person requiring the person to appear before the court to show cause as to why an order shall not be issued ordering such person to obey the subpoena, and the person may be adjudged in contempt of court. (2) If a person placed under oath or subpoenaed by the Office of Internal Audit knowingly gives false testimony that is material to an audit, that person shall be deemed guilty of perjury upon conviction by a court of competent jurisdiction.

(1) If a person refuses to obey a subpoena issued by the Office of Internal Audit, upon application by the Office of Internal Audit, the circuit court of the county in which the Office of Internal Audit is domiciled may issue an order to the person requiring the person to appear before the court to show cause as to why an order shall not be issued ordering such person to obey the subpoena, and the person may be adjudged in contempt of court.

(2) If a person placed under oath or subpoenaed by the Office of Internal Audit knowingly gives false testimony that is material to an audit, that person shall be deemed guilty of perjury upon conviction by a court of competent jurisdiction.

(m) (1) Except as provided in subdivision (m)(2) of this section, all internal audit documentation, including notes, memoranda, preliminary drafts of audit reports, and other data gathered in the preparation of internal audit reports by the Office of Internal Audit, are privileged and confidential and are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) (A) The exemption from the Freedom of Information Act of 1967, § 25-19-101 et seq., granted to the privileged and confidential materials described in subdivision (m)(1) of this section does not apply to completed internal audits of the Office of Internal Audit after a final report of the internal audit has been presented to: (i) The Secretary of the Department of Inspector General; (ii) The Governor or the Governor's designee; (iii) Arkansas Legislative Audit; and (iv) The covered entity. (B) The final report and copies of any supporting documentation are open to public inspection and copying, except for documents that are exempt from disclosure under other law, unsubstantiated allegations, or information included in control self-assessments.

(1) Except as provided in subdivision (m)(2) of this section, all internal audit documentation, including notes, memoranda, preliminary drafts of audit reports, and other data gathered in the preparation of internal audit reports by the Office of Internal Audit, are privileged and confidential and are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.

(2) (A) The exemption from the Freedom of Information Act of 1967, § 25-19-101 et seq., granted to the privileged and confidential materials described in subdivision (m)(1) of this section does not apply to completed internal audits of the Office of Internal Audit after a final report of the internal audit has been presented to: (i) The Secretary of the Department of Inspector General; (ii) The Governor or the Governor's designee; (iii) Arkansas Legislative Audit; and (iv) The covered entity. (B) The final report and copies of any supporting documentation are open to public inspection and copying, except for documents that are exempt from disclosure under other law, unsubstantiated allegations, or information included in control self-assessments.

(A) The exemption from the Freedom of Information Act of 1967, § 25-19-101 et seq., granted to the privileged and confidential materials described in subdivision (m)(1) of this section does not apply to completed internal audits of the Office of Internal Audit after a final report of the internal audit has been presented to: (i) The Secretary of the Department of Inspector General; (ii) The Governor or the Governor's designee; (iii) Arkansas Legislative Audit; and (iv) The covered entity.

(i) The Secretary of the Department of Inspector General;

(ii) The Governor or the Governor's designee;

(iii) Arkansas Legislative Audit; and

(iv) The covered entity.

(B) The final report and copies of any supporting documentation are open to public inspection and copying, except for documents that are exempt from disclosure under other law, unsubstantiated allegations, or information included in control self-assessments.

(n) (1) This section does not authorize the Office of Internal Audit to subpoena, compel the production of, or otherwise obtain any records or documents in the possession of Arkansas Legislative Audit, including without limitation work papers, drafts of reports, supporting documentation, communications with third parties, electronic data, or fraud interviews. (2) The Office of Internal Audit is subject to subpoenas issued by the Legislative Joint Auditing Committee under § 10-3-411 or the Legislative Auditor consistent with § 10-4-421 , including all penalties contained in those laws.

(1) This section does not authorize the Office of Internal Audit to subpoena, compel the production of, or otherwise obtain any records or documents in the possession of Arkansas Legislative Audit, including without limitation work papers, drafts of reports, supporting documentation, communications with third parties, electronic data, or fraud interviews.

(2) The Office of Internal Audit is subject to subpoenas issued by the Legislative Joint Auditing Committee under § 10-3-411 or the Legislative Auditor consistent with § 10-4-421 , including all penalties contained in those laws.

Added by Act 2021, No. 671,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 25-17-307 — AR Code / Title 25 / Chapter 17 / Subchapter 3 / Section 25-17-307
Policies for motor vehicles on institutional grounds
Status: in_force

(a) Each of the institutions described in § 25-17-301 may adopt and amend policies that provide for the operation and parking of motor vehicles upon the grounds, streets, drives, and alleys under its control, including without limitation: (1) Limiting the rate of speed; (2) (A) Assigning parking spaces, designating parking areas and their uses, and collecting charges or fees as rent for those parking spaces. (B) The charges or fees collected under subdivision (a)(2)(A) of this section, other than fees for parking or parking passes for athletic events or other special events, do not constitute payment for the providing of any service to the person paying the charges or fees as rent and are exempt from the tax levied under § 26-52-301(3) ; (3) Prohibiting parking; (4) Removing vehicles parked in violation of institutional policies or city ordinances, at the expense of the violator, who shall pay the expense before the vehicle is released; (5) Instituting a system of motor vehicle registration for the identification and regulation of vehicles regularly using institutional premises, including without limitation a reasonable charge to defray the cost of the system; and (6) (A) Collecting, under an established system, administrative charges for violations of institutional policies governing motor vehicles, the operation of motor vehicles, and the parking of motor vehicles. (B) However, an administrative finding of a violation of policies under this section may be appealed to the appropriate district court where the matter shall be heard de novo. (b) Policies, together with any amendments, that may be adopted by a state institution to regulate the operation and parking of motor vehicles shall be posted online or printed, with copies available at convenient locations at the institution. (c) Speed limits shall be posted at reasonable intervals, and traffic and parking directions and prohibitions shall be indicated by signs. (d) (1) Upon the adoption of policies under this section, it shall be unlawful for a person to operate or to park a motor vehicle in violation of policies adopted under this section. (2) A person who violates or refuses to comply with the policies adopted under this section, if not otherwise regulated by city ordinance, shall be subjected to a reasonable administrative charge provided in the policies adopted under this section. (e) (1) (A) A person who violates policies adopted under this section while using a motor vehicle registered with the institution, at the option of the institutional law enforcement officer, shall be charged under the institution's system of charges or summoned to appear before a court of competent jurisdiction. (B) A person adversely affected by an administrative determination of an institution as described under subdivision (e)(1)(A) of this section may appeal the administrative determination to the appropriate district court where the matter shall be heard de novo. (2) (A) A person who violates policies adopted under this section while using a motor vehicle not registered with the institution or a person who violates city ordinances shall be summoned to appear before a court of competent jurisdiction. (B) Notice placed on the vehicle is sufficient as a summons for the purposes of subdivision (e)(2)(A) of this section. Amended by Act 2019, No. 315,§ 2927, eff. 7/24/2019. Amended by Act 2019, No. 256,§ 8, eff. 7/24/2019. Acts 1967, No. 328, §§ 4, 5; A.S.A. 1947, §§ 7-115, 7-116; Acts 2005, No. 2162, § 1; 2007, No. 498, § 5.

(a) Each of the institutions described in § 25-17-301 may adopt and amend policies that provide for the operation and parking of motor vehicles upon the grounds, streets, drives, and alleys under its control, including without limitation: (1) Limiting the rate of speed; (2) (A) Assigning parking spaces, designating parking areas and their uses, and collecting charges or fees as rent for those parking spaces. (B) The charges or fees collected under subdivision (a)(2)(A) of this section, other than fees for parking or parking passes for athletic events or other special events, do not constitute payment for the providing of any service to the person paying the charges or fees as rent and are exempt from the tax levied under § 26-52-301(3) ; (3) Prohibiting parking; (4) Removing vehicles parked in violation of institutional policies or city ordinances, at the expense of the violator, who shall pay the expense before the vehicle is released; (5) Instituting a system of motor vehicle registration for the identification and regulation of vehicles regularly using institutional premises, including without limitation a reasonable charge to defray the cost of the system; and (6) (A) Collecting, under an established system, administrative charges for violations of institutional policies governing motor vehicles, the operation of motor vehicles, and the parking of motor vehicles. (B) However, an administrative finding of a violation of policies under this section may be appealed to the appropriate district court where the matter shall be heard de novo.

(1) Limiting the rate of speed;

(2) (A) Assigning parking spaces, designating parking areas and their uses, and collecting charges or fees as rent for those parking spaces. (B) The charges or fees collected under subdivision (a)(2)(A) of this section, other than fees for parking or parking passes for athletic events or other special events, do not constitute payment for the providing of any service to the person paying the charges or fees as rent and are exempt from the tax levied under § 26-52-301(3) ;

(A) Assigning parking spaces, designating parking areas and their uses, and collecting charges or fees as rent for those parking spaces.

(B) The charges or fees collected under subdivision (a)(2)(A) of this section, other than fees for parking or parking passes for athletic events or other special events, do not constitute payment for the providing of any service to the person paying the charges or fees as rent and are exempt from the tax levied under § 26-52-301(3) ;

(3) Prohibiting parking;

(4) Removing vehicles parked in violation of institutional policies or city ordinances, at the expense of the violator, who shall pay the expense before the vehicle is released;

(5) Instituting a system of motor vehicle registration for the identification and regulation of vehicles regularly using institutional premises, including without limitation a reasonable charge to defray the cost of the system; and

(6) (A) Collecting, under an established system, administrative charges for violations of institutional policies governing motor vehicles, the operation of motor vehicles, and the parking of motor vehicles. (B) However, an administrative finding of a violation of policies under this section may be appealed to the appropriate district court where the matter shall be heard de novo.

(A) Collecting, under an established system, administrative charges for violations of institutional policies governing motor vehicles, the operation of motor vehicles, and the parking of motor vehicles.

(B) However, an administrative finding of a violation of policies under this section may be appealed to the appropriate district court where the matter shall be heard de novo.

(b) Policies, together with any amendments, that may be adopted by a state institution to regulate the operation and parking of motor vehicles shall be posted online or printed, with copies available at convenient locations at the institution.

(c) Speed limits shall be posted at reasonable intervals, and traffic and parking directions and prohibitions shall be indicated by signs.

(d) (1) Upon the adoption of policies under this section, it shall be unlawful for a person to operate or to park a motor vehicle in violation of policies adopted under this section. (2) A person who violates or refuses to comply with the policies adopted under this section, if not otherwise regulated by city ordinance, shall be subjected to a reasonable administrative charge provided in the policies adopted under this section.

(1) Upon the adoption of policies under this section, it shall be unlawful for a person to operate or to park a motor vehicle in violation of policies adopted under this section.

(2) A person who violates or refuses to comply with the policies adopted under this section, if not otherwise regulated by city ordinance, shall be subjected to a reasonable administrative charge provided in the policies adopted under this section.

(e) (1) (A) A person who violates policies adopted under this section while using a motor vehicle registered with the institution, at the option of the institutional law enforcement officer, shall be charged under the institution's system of charges or summoned to appear before a court of competent jurisdiction. (B) A person adversely affected by an administrative determination of an institution as described under subdivision (e)(1)(A) of this section may appeal the administrative determination to the appropriate district court where the matter shall be heard de novo. (2) (A) A person who violates policies adopted under this section while using a motor vehicle not registered with the institution or a person who violates city ordinances shall be summoned to appear before a court of competent jurisdiction. (B) Notice placed on the vehicle is sufficient as a summons for the purposes of subdivision (e)(2)(A) of this section.

(1) (A) A person who violates policies adopted under this section while using a motor vehicle registered with the institution, at the option of the institutional law enforcement officer, shall be charged under the institution's system of charges or summoned to appear before a court of competent jurisdiction. (B) A person adversely affected by an administrative determination of an institution as described under subdivision (e)(1)(A) of this section may appeal the administrative determination to the appropriate district court where the matter shall be heard de novo.

(A) A person who violates policies adopted under this section while using a motor vehicle registered with the institution, at the option of the institutional law enforcement officer, shall be charged under the institution's system of charges or summoned to appear before a court of competent jurisdiction.

(B) A person adversely affected by an administrative determination of an institution as described under subdivision (e)(1)(A) of this section may appeal the administrative determination to the appropriate district court where the matter shall be heard de novo.

(2) (A) A person who violates policies adopted under this section while using a motor vehicle not registered with the institution or a person who violates city ordinances shall be summoned to appear before a court of competent jurisdiction. (B) Notice placed on the vehicle is sufficient as a summons for the purposes of subdivision (e)(2)(A) of this section.

(A) A person who violates policies adopted under this section while using a motor vehicle not registered with the institution or a person who violates city ordinances shall be summoned to appear before a court of competent jurisdiction.

(B) Notice placed on the vehicle is sufficient as a summons for the purposes of subdivision (e)(2)(A) of this section.

Amended by Act 2019, No. 315,§ 2927, eff. 7/24/2019.

Amended by Act 2019, No. 256,§ 8, eff. 7/24/2019.

Acts 1967, No. 328, §§ 4, 5; A.S.A. 1947, §§ 7-115, 7-116; Acts 2005, No. 2162, § 1; 2007, No. 498, § 5.
Ark. Code Ann. § 25-43-1304 — AR Code / Title 25 / Chapter 43 / Subchapter 13 / Section 25-43-1304
State Parks Division
Status: in_force

(a) There is created a State Parks Division within the Department of Parks, Heritage, and Tourism. (b) The Secretary of the Department of Parks, Heritage, and Tourism may delegate any duties and responsibilities to the State Parks Division. (c) The Secretary of the Department of Parks, Heritage, and Tourism may employ a Director of the State Parks Division. (d) (1) Before July 1 of each fiscal year, the division shall request that the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, review the division's plan for the upcoming year regarding the amounts to be disbursed for each state park or other entity from the funds appropriated to the division for state operations. (2) The division's request under subdivision (d)(1) of this section shall also list: (A) The amounts to be distributed for each entity for the upcoming fiscal year compared to both the current fiscal year's anticipated expenditures and the previous fiscal year's actual expenditures; and (B) Any additional detail as may be requested by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (e) The division shall prepare a semiannual status report for the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, that compares the six-month and fiscal year actual expenditures to intended disbursements that the Legislative Council or, if the General Assembly was in session, the Joint Budget Committee, reviewed under subsection (d) of this section. Amended by Act 2023, No. 344,§ 18, eff. 7/1/2023. Added by Act 2019, No. 910,§ 5549, eff. 7/1/2019.

(a) There is created a State Parks Division within the Department of Parks, Heritage, and Tourism.

(b) The Secretary of the Department of Parks, Heritage, and Tourism may delegate any duties and responsibilities to the State Parks Division.

(c) The Secretary of the Department of Parks, Heritage, and Tourism may employ a Director of the State Parks Division.

(d) (1) Before July 1 of each fiscal year, the division shall request that the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, review the division's plan for the upcoming year regarding the amounts to be disbursed for each state park or other entity from the funds appropriated to the division for state operations. (2) The division's request under subdivision (d)(1) of this section shall also list: (A) The amounts to be distributed for each entity for the upcoming fiscal year compared to both the current fiscal year's anticipated expenditures and the previous fiscal year's actual expenditures; and (B) Any additional detail as may be requested by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(1) Before July 1 of each fiscal year, the division shall request that the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, review the division's plan for the upcoming year regarding the amounts to be disbursed for each state park or other entity from the funds appropriated to the division for state operations.

(2) The division's request under subdivision (d)(1) of this section shall also list: (A) The amounts to be distributed for each entity for the upcoming fiscal year compared to both the current fiscal year's anticipated expenditures and the previous fiscal year's actual expenditures; and (B) Any additional detail as may be requested by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(A) The amounts to be distributed for each entity for the upcoming fiscal year compared to both the current fiscal year's anticipated expenditures and the previous fiscal year's actual expenditures; and

(B) Any additional detail as may be requested by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(e) The division shall prepare a semiannual status report for the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, that compares the six-month and fiscal year actual expenditures to intended disbursements that the Legislative Council or, if the General Assembly was in session, the Joint Budget Committee, reviewed under subsection (d) of this section.

Amended by Act 2023, No. 344,§ 18, eff. 7/1/2023.

Added by Act 2019, No. 910,§ 5549, eff. 7/1/2019.
Ark. Code Ann. § 25-1-1002 — AR Code / Title 25 / Chapter 1 / Subchapter 10 / Section 25-1-1002
List of financial services providers
Status: in_force

(a) The Treasurer of State shall maintain a list of financial services providers as determined by the ESG Oversight Committee under § 25-1-1006 on the Treasurer of State's website. (b) The Treasurer of State shall post the list of financial services providers that discriminate against energy companies or firearms entities or otherwise refuse to deal based on environmental, social justice, and other governance-related factors on the Treasurer of State's website. (c) (1) Forty-five (45) days before including a financial services provider on a list under § 25-1-1006 , the ESG Oversight Committee shall send a written notice to the financial services provider. (2) The written notice under subdivision (c)(1) of this section shall include the following information: (A) A determination by the ESG Oversight Committee under § 25-1-1006 that the financial services provider has discriminated against energy companies or firearms entities or otherwise refused to deal based on environmental, social justice, and other governance-related factors; (B) Identification of the evidence of discrimination relied on by the ESG Oversight Committee, in making the determination; (C) Placement of the financial services provider on a list in forty-five (45) days unless, within thirty (30) days following the receipt of the written notice, the financial services provider demonstrates that it is not discriminating against energy companies or firearms entities or otherwise refusing to deal based on environmental, social justice, and other governance-related factors; and (D) Publication of the list will be on the Treasurer of State's website. (d) (1) If the ESG Oversight Committee provides written notice to a financial services provider under subdivision (c)(1) of this section based on information from an energy, fossil fuel, firearms, or ammunition company, then the energy, fossil fuel, firearms, or ammunition company shall be required to consent to the disclosure of any financial information held by the financial services provider of the energy, fossil fuel, firearms, or ammunition company to the ESG Oversight Committee, whether or not the information is confidential or proprietary, to allow the financial services provider to demonstrate that the financial services provider is not discriminating against energy, fossil fuel, firearm, or ammunition companies or otherwise refusing to deal with energy, fossil fuel, firearms, or ammunition companies based on environmental, social justice, and other governance-related factors. (2) If the energy, fossil fuel, firearms, or ammunition company refuses to consent to the disclosure of financial information under subdivision (d)(1) of this section, then the: (A) ESG Oversight Committee shall withdraw the written notice to the financial services provider under subdivision (c)(1) of this section; and (B) Financial services provider shall not be on the list under subsection (a) of this section. Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.

(a) The Treasurer of State shall maintain a list of financial services providers as determined by the ESG Oversight Committee under § 25-1-1006 on the Treasurer of State's website.

(b) The Treasurer of State shall post the list of financial services providers that discriminate against energy companies or firearms entities or otherwise refuse to deal based on environmental, social justice, and other governance-related factors on the Treasurer of State's website.

(c) (1) Forty-five (45) days before including a financial services provider on a list under § 25-1-1006 , the ESG Oversight Committee shall send a written notice to the financial services provider. (2) The written notice under subdivision (c)(1) of this section shall include the following information: (A) A determination by the ESG Oversight Committee under § 25-1-1006 that the financial services provider has discriminated against energy companies or firearms entities or otherwise refused to deal based on environmental, social justice, and other governance-related factors; (B) Identification of the evidence of discrimination relied on by the ESG Oversight Committee, in making the determination; (C) Placement of the financial services provider on a list in forty-five (45) days unless, within thirty (30) days following the receipt of the written notice, the financial services provider demonstrates that it is not discriminating against energy companies or firearms entities or otherwise refusing to deal based on environmental, social justice, and other governance-related factors; and (D) Publication of the list will be on the Treasurer of State's website.

(1) Forty-five (45) days before including a financial services provider on a list under § 25-1-1006 , the ESG Oversight Committee shall send a written notice to the financial services provider.

(2) The written notice under subdivision (c)(1) of this section shall include the following information: (A) A determination by the ESG Oversight Committee under § 25-1-1006 that the financial services provider has discriminated against energy companies or firearms entities or otherwise refused to deal based on environmental, social justice, and other governance-related factors; (B) Identification of the evidence of discrimination relied on by the ESG Oversight Committee, in making the determination; (C) Placement of the financial services provider on a list in forty-five (45) days unless, within thirty (30) days following the receipt of the written notice, the financial services provider demonstrates that it is not discriminating against energy companies or firearms entities or otherwise refusing to deal based on environmental, social justice, and other governance-related factors; and (D) Publication of the list will be on the Treasurer of State's website.

(A) A determination by the ESG Oversight Committee under § 25-1-1006 that the financial services provider has discriminated against energy companies or firearms entities or otherwise refused to deal based on environmental, social justice, and other governance-related factors;

(B) Identification of the evidence of discrimination relied on by the ESG Oversight Committee, in making the determination;

(C) Placement of the financial services provider on a list in forty-five (45) days unless, within thirty (30) days following the receipt of the written notice, the financial services provider demonstrates that it is not discriminating against energy companies or firearms entities or otherwise refusing to deal based on environmental, social justice, and other governance-related factors; and

(D) Publication of the list will be on the Treasurer of State's website.

(d) (1) If the ESG Oversight Committee provides written notice to a financial services provider under subdivision (c)(1) of this section based on information from an energy, fossil fuel, firearms, or ammunition company, then the energy, fossil fuel, firearms, or ammunition company shall be required to consent to the disclosure of any financial information held by the financial services provider of the energy, fossil fuel, firearms, or ammunition company to the ESG Oversight Committee, whether or not the information is confidential or proprietary, to allow the financial services provider to demonstrate that the financial services provider is not discriminating against energy, fossil fuel, firearm, or ammunition companies or otherwise refusing to deal with energy, fossil fuel, firearms, or ammunition companies based on environmental, social justice, and other governance-related factors. (2) If the energy, fossil fuel, firearms, or ammunition company refuses to consent to the disclosure of financial information under subdivision (d)(1) of this section, then the: (A) ESG Oversight Committee shall withdraw the written notice to the financial services provider under subdivision (c)(1) of this section; and (B) Financial services provider shall not be on the list under subsection (a) of this section.

(1) If the ESG Oversight Committee provides written notice to a financial services provider under subdivision (c)(1) of this section based on information from an energy, fossil fuel, firearms, or ammunition company, then the energy, fossil fuel, firearms, or ammunition company shall be required to consent to the disclosure of any financial information held by the financial services provider of the energy, fossil fuel, firearms, or ammunition company to the ESG Oversight Committee, whether or not the information is confidential or proprietary, to allow the financial services provider to demonstrate that the financial services provider is not discriminating against energy, fossil fuel, firearm, or ammunition companies or otherwise refusing to deal with energy, fossil fuel, firearms, or ammunition companies based on environmental, social justice, and other governance-related factors.

(2) If the energy, fossil fuel, firearms, or ammunition company refuses to consent to the disclosure of financial information under subdivision (d)(1) of this section, then the: (A) ESG Oversight Committee shall withdraw the written notice to the financial services provider under subdivision (c)(1) of this section; and (B) Financial services provider shall not be on the list under subsection (a) of this section.

(A) ESG Oversight Committee shall withdraw the written notice to the financial services provider under subdivision (c)(1) of this section; and

(B) Financial services provider shall not be on the list under subsection (a) of this section.

Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 25-15-202 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-202
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Adjudication" means an agency process for the formulation of an order. (B) "Adjudication" does not include inmate disciplinary proceedings conducted by the Division of Correction and the Division of Community Correction; (2) (A) "Agency" means a board, commission, department, officer, 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) The word "agency" shall include the Division of Child Care and Early Childhood Education and the Child Care Appeal Review Panel for purposes of administrative appeal. (C) (i) Except as provided in subdivision (2)(C)(ii) of this section, the word "agency" shall not include the Arkansas Public Service Commission, the Arkansas Pollution Control and Ecology Commission, the Workers' Compensation Commission, and the Division of Workforce Services, as the existing laws governing those agencies provide adequate administrative procedures for those agencies. (ii) The word "agency" as used in §§ 25-15-216 and 25-15-218 shall include the Arkansas Public Service Commission, the Arkansas Pollution Control and Ecology Commission, the Workers' Compensation Commission, and the Division of Workforce Services. (D) This subchapter does not repeal delegations of authority as provided by law; (3) "Financial impact statement" means a realistic statement of a new or increased cost or obligation of complying with a proposed rule to a: (A) Private individual, entity, and business; and (B) State, county, and municipal government; (4) "License" includes an agency permit, certificate, approval, registration, charter, or similar form of permission required by law; (5) "Licensing" means an agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, limitation, or amendment of a license; (6) "Order" means the final disposition of an agency in any matter other than rulemaking, including licensing and rate making, in which the agency is required by law to make its determination after notice and hearing; (7) "Party" means a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding; (8) "Person" means an individual, partnership, corporation, association, or public or private organization of any character; (9) (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 and includes, but is not limited to, the amendment or repeal of a prior rule. (B) "Rule" does not mean: (i) A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public; (ii) A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling; (iii) Intra-agency memoranda; (iv) A medical code within the Arkansas Medicaid Program that is issued by the Centers for Medicare & Medicaid Services, including without limitation: (a) Current Procedural Terminology codes; (b) Healthcare Common Procedure Coding System codes; (c) International Classification of Diseases codes; (d) National Uniform Billing Committee Official UB-04 Data Specifications Manual codes; and (e) National Correct Coding Initiative codes; (v) The addition of formatting to one (1) or more rules, including without limitation one (1) or more sections of the Code of Arkansas Rules, in order to create a handbook, manual, pamphlet, or other similar publication for the purpose of packaging or distributing materials for public use, including without limitation the addition of: (a) A cover or title page; (b) A table of contents; or (c) An index; (vi) A technical correction under § 25-15-218 ; (vii) (a) Unless required by law to be promulgated as a rule, a form developed by an agency to implement or interpret a rule. (b) A form under subdivision (9)(B)(vii) (a) of this section shall not contain language that otherwise meets the definition of a rule under subdivision (9)(A) of this section unless: (1) The language is derived from an existing law or rule; and (2) A citation to the existing law or rule is included on the form; or (viii) An internal policy or the internal guidelines of a state agency related to a cybersecurity incident involving, or a cyberattack on, a state agency; and (10) "Rulemaking" means an agency process for the formulation, amendment, or repeal of a rule. Amended by Act 2023, No. 510,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 64,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 662,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 517,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 621, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 620, eff. 7/1/2019. Amended by Act 2017, No. 605,§ 2, eff. 8/1/2017. Amended by Act 2013, No. 759,§ 3, eff. 8/16/2013. Acts 1967, No. 434, § 1; 1971, No. 316, § 1; 1977, No. 349, § 1; 1979, No. 324, § 15; A.S.A. 1947, §§ 5-701, 5-701.1; Acts 1997, No. 1149, § 1; 1999, No. 1222, § 17; 2001, No. 1648, § 1; 2003, No. 350, § 1.

As used in this subchapter:

(1) (A) "Adjudication" means an agency process for the formulation of an order. (B) "Adjudication" does not include inmate disciplinary proceedings conducted by the Division of Correction and the Division of Community Correction;

(A) "Adjudication" means an agency process for the formulation of an order.

(B) "Adjudication" does not include inmate disciplinary proceedings conducted by the Division of Correction and the Division of Community Correction;

(2) (A) "Agency" means a board, commission, department, officer, 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) The word "agency" shall include the Division of Child Care and Early Childhood Education and the Child Care Appeal Review Panel for purposes of administrative appeal. (C) (i) Except as provided in subdivision (2)(C)(ii) of this section, the word "agency" shall not include the Arkansas Public Service Commission, the Arkansas Pollution Control and Ecology Commission, the Workers' Compensation Commission, and the Division of Workforce Services, as the existing laws governing those agencies provide adequate administrative procedures for those agencies. (ii) The word "agency" as used in §§ 25-15-216 and 25-15-218 shall include the Arkansas Public Service Commission, the Arkansas Pollution Control and Ecology Commission, the Workers' Compensation Commission, and the Division of Workforce Services. (D) This subchapter does not repeal delegations of authority as provided by law;

(A) "Agency" means a board, commission, department, officer, 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) The word "agency" shall include the Division of Child Care and Early Childhood Education and the Child Care Appeal Review Panel for purposes of administrative appeal.

(C) (i) Except as provided in subdivision (2)(C)(ii) of this section, the word "agency" shall not include the Arkansas Public Service Commission, the Arkansas Pollution Control and Ecology Commission, the Workers' Compensation Commission, and the Division of Workforce Services, as the existing laws governing those agencies provide adequate administrative procedures for those agencies. (ii) The word "agency" as used in §§ 25-15-216 and 25-15-218 shall include the Arkansas Public Service Commission, the Arkansas Pollution Control and Ecology Commission, the Workers' Compensation Commission, and the Division of Workforce Services.

(i) Except as provided in subdivision (2)(C)(ii) of this section, the word "agency" shall not include the Arkansas Public Service Commission, the Arkansas Pollution Control and Ecology Commission, the Workers' Compensation Commission, and the Division of Workforce Services, as the existing laws governing those agencies provide adequate administrative procedures for those agencies.

(ii) The word "agency" as used in §§ 25-15-216 and 25-15-218 shall include the Arkansas Public Service Commission, the Arkansas Pollution Control and Ecology Commission, the Workers' Compensation Commission, and the Division of Workforce Services.

(D) This subchapter does not repeal delegations of authority as provided by law;

(3) "Financial impact statement" means a realistic statement of a new or increased cost or obligation of complying with a proposed rule to a: (A) Private individual, entity, and business; and (B) State, county, and municipal government;

(A) Private individual, entity, and business; and

(B) State, county, and municipal government;

(4) "License" includes an agency permit, certificate, approval, registration, charter, or similar form of permission required by law;

(5) "Licensing" means an agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, limitation, or amendment of a license;

(6) "Order" means the final disposition of an agency in any matter other than rulemaking, including licensing and rate making, in which the agency is required by law to make its determination after notice and hearing;

(7) "Party" means a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding;

(8) "Person" means an individual, partnership, corporation, association, or public or private organization of any character;

(9) (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 and includes, but is not limited to, the amendment or repeal of a prior rule. (B) "Rule" does not mean: (i) A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public; (ii) A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling; (iii) Intra-agency memoranda; (iv) A medical code within the Arkansas Medicaid Program that is issued by the Centers for Medicare & Medicaid Services, including without limitation: (a) Current Procedural Terminology codes; (b) Healthcare Common Procedure Coding System codes; (c) International Classification of Diseases codes; (d) National Uniform Billing Committee Official UB-04 Data Specifications Manual codes; and (e) National Correct Coding Initiative codes; (v) The addition of formatting to one (1) or more rules, including without limitation one (1) or more sections of the Code of Arkansas Rules, in order to create a handbook, manual, pamphlet, or other similar publication for the purpose of packaging or distributing materials for public use, including without limitation the addition of: (a) A cover or title page; (b) A table of contents; or (c) An index; (vi) A technical correction under § 25-15-218 ; (vii) (a) Unless required by law to be promulgated as a rule, a form developed by an agency to implement or interpret a rule. (b) A form under subdivision (9)(B)(vii) (a) of this section shall not contain language that otherwise meets the definition of a rule under subdivision (9)(A) of this section unless: (1) The language is derived from an existing law or rule; and (2) A citation to the existing law or rule is included on the form; or (viii) An internal policy or the internal guidelines of a state agency related to a cybersecurity incident involving, or a cyberattack on, a state agency; 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 and includes, but is not limited to, the amendment or repeal of a prior rule.

(B) "Rule" does not mean: (i) A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public; (ii) A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling; (iii) Intra-agency memoranda; (iv) A medical code within the Arkansas Medicaid Program that is issued by the Centers for Medicare & Medicaid Services, including without limitation: (a) Current Procedural Terminology codes; (b) Healthcare Common Procedure Coding System codes; (c) International Classification of Diseases codes; (d) National Uniform Billing Committee Official UB-04 Data Specifications Manual codes; and (e) National Correct Coding Initiative codes; (v) The addition of formatting to one (1) or more rules, including without limitation one (1) or more sections of the Code of Arkansas Rules, in order to create a handbook, manual, pamphlet, or other similar publication for the purpose of packaging or distributing materials for public use, including without limitation the addition of: (a) A cover or title page; (b) A table of contents; or (c) An index; (vi) A technical correction under § 25-15-218 ; (vii) (a) Unless required by law to be promulgated as a rule, a form developed by an agency to implement or interpret a rule. (b) A form under subdivision (9)(B)(vii) (a) of this section shall not contain language that otherwise meets the definition of a rule under subdivision (9)(A) of this section unless: (1) The language is derived from an existing law or rule; and (2) A citation to the existing law or rule is included on the form; or (viii) An internal policy or the internal guidelines of a state agency related to a cybersecurity incident involving, or a cyberattack on, a state agency; and

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

(ii) A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling;

(iii) Intra-agency memoranda;

(iv) A medical code within the Arkansas Medicaid Program that is issued by the Centers for Medicare & Medicaid Services, including without limitation: (a) Current Procedural Terminology codes; (b) Healthcare Common Procedure Coding System codes; (c) International Classification of Diseases codes; (d) National Uniform Billing Committee Official UB-04 Data Specifications Manual codes; and (e) National Correct Coding Initiative codes;

(a) Current Procedural Terminology codes;

(b) Healthcare Common Procedure Coding System codes;

(c) International Classification of Diseases codes;

(d) National Uniform Billing Committee Official UB-04 Data Specifications Manual codes; and

(e) National Correct Coding Initiative codes;

(v) The addition of formatting to one (1) or more rules, including without limitation one (1) or more sections of the Code of Arkansas Rules, in order to create a handbook, manual, pamphlet, or other similar publication for the purpose of packaging or distributing materials for public use, including without limitation the addition of: (a) A cover or title page; (b) A table of contents; or (c) An index;

(a) A cover or title page;

(b) A table of contents; or

(c) An index;

(vi) A technical correction under § 25-15-218 ;

(vii) (a) Unless required by law to be promulgated as a rule, a form developed by an agency to implement or interpret a rule. (b) A form under subdivision (9)(B)(vii) (a) of this section shall not contain language that otherwise meets the definition of a rule under subdivision (9)(A) of this section unless: (1) The language is derived from an existing law or rule; and (2) A citation to the existing law or rule is included on the form; or

(a) Unless required by law to be promulgated as a rule, a form developed by an agency to implement or interpret a rule.

(b) A form under subdivision (9)(B)(vii) (a) of this section shall not contain language that otherwise meets the definition of a rule under subdivision (9)(A) of this section unless: (1) The language is derived from an existing law or rule; and (2) A citation to the existing law or rule is included on the form; or

(1) The language is derived from an existing law or rule; and

(2) A citation to the existing law or rule is included on the form; or

(viii) An internal policy or the internal guidelines of a state agency related to a cybersecurity incident involving, or a cyberattack on, a state agency; and

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

Amended by Act 2023, No. 510,§ 3, eff. 8/1/2023.

Amended by Act 2021, No. 64,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 662,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 517,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 621, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 620, eff. 7/1/2019.

Amended by Act 2017, No. 605,§ 2, eff. 8/1/2017.

Amended by Act 2013, No. 759,§ 3, eff. 8/16/2013.

Acts 1967, No. 434, § 1; 1971, No. 316, § 1; 1977, No. 349, § 1; 1979, No. 324, § 15; A.S.A. 1947, §§ 5-701, 5-701.1; Acts 1997, No. 1149, § 1; 1999, No. 1222, § 17; 2001, No. 1648, § 1; 2003, No. 350, § 1.
Ark. Code Ann. § 25-29-111 — AR Code / Title 25 / Chapter 29 / Section 25-29-111
Section 12 companies
Status: in_force

(a) The provisions of this section apply only to telecommunications corporations with fewer than ten thousand (10,000) access lines which have elected to become Section 12 companies pursuant to § 23-17-412 . (b) (1) All telecommunications companies currently making contributions which affect the Arkansas Intrastate Carrier Common Line Pool (AICCLP) or the Arkansas IntraLATA Toll Pool, or both, due to prior review shall not be required to continue making the contributions effective upon the companies' election as Section 12 companies, pursuant to § 23-17-412 . (2) Provided, if the companies discontinue making contributions to the Arkansas Intrastate Carrier Common Line Pool (AICCLP) or the Arkansas IntraLATA Toll Pool, or both, one percent (1%) of contributions that would have been made to the Arkansas Intrastate Carrier Common Line Pool (AICCLP) or the Arkansas IntraLATA Toll Pool, or both, for ten (10) months will be paid for start-up costs to the corporation provided for in this chapter. Acts 1997, No. 1080, § 11.

(a) The provisions of this section apply only to telecommunications corporations with fewer than ten thousand (10,000) access lines which have elected to become Section 12 companies pursuant to § 23-17-412 .

(b) (1) All telecommunications companies currently making contributions which affect the Arkansas Intrastate Carrier Common Line Pool (AICCLP) or the Arkansas IntraLATA Toll Pool, or both, due to prior review shall not be required to continue making the contributions effective upon the companies' election as Section 12 companies, pursuant to § 23-17-412 . (2) Provided, if the companies discontinue making contributions to the Arkansas Intrastate Carrier Common Line Pool (AICCLP) or the Arkansas IntraLATA Toll Pool, or both, one percent (1%) of contributions that would have been made to the Arkansas Intrastate Carrier Common Line Pool (AICCLP) or the Arkansas IntraLATA Toll Pool, or both, for ten (10) months will be paid for start-up costs to the corporation provided for in this chapter.

(1) All telecommunications companies currently making contributions which affect the Arkansas Intrastate Carrier Common Line Pool (AICCLP) or the Arkansas IntraLATA Toll Pool, or both, due to prior review shall not be required to continue making the contributions effective upon the companies' election as Section 12 companies, pursuant to § 23-17-412 .

(2) Provided, if the companies discontinue making contributions to the Arkansas Intrastate Carrier Common Line Pool (AICCLP) or the Arkansas IntraLATA Toll Pool, or both, one percent (1%) of contributions that would have been made to the Arkansas Intrastate Carrier Common Line Pool (AICCLP) or the Arkansas IntraLATA Toll Pool, or both, for ten (10) months will be paid for start-up costs to the corporation provided for in this chapter.

Acts 1997, No. 1080, § 11.
Ark. Code Ann. § 25-20-408 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-408
Financing
Status: in_force

(a) (1) An authority is authorized to use any available funds, revenues, and long-term or short-term debt to pay and provide for the costs and expenses of accomplishing the purposes authorized by this subchapter. (2) For the purposes of paying the costs of any electric project or the portion thereof pertaining to its interest in the electric project, an authority may issue revenue bonds as provided in this subchapter. (b) (1) Whenever any authority elects, consistent with this subchapter, to plan, purchase, construct, acquire, operate, or otherwise participate in an electric project or desires to construct improvements, betterments, repairs, and extensions thereto, it may issue revenue bonds under the provisions of this section to pay the costs thereof. (2) The procedure for issuance of bonds shall be as provided in this section. (c) (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 as the board determines; (B) Have such date or dates as the board determines; (C) Be stated to mature at such time or times as the board determines; (D) Bear interest payable at such times and at such rate or rates as the board determines; (E) Be payable at such places within or without the State of Arkansas as the board determines; (F) Be subject to such terms of redemption in advance of maturity at such prices as the board determines; and (G) Contain such terms and conditions as the board determines. (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 of registration set forth in this subsection. (5) The authorizing resolution may contain any other terms, covenants, and conditions that the board 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) Priority among successive issues of bonds; (D) Custody and application of the proceeds of the bonds; (E) Collection and disposition of revenues; (F) Investing and reinvesting of any moneys during periods not needed for authorized purposes; and (G) Rights, duties, and obligations of the authority and the holders and registered owners of the bonds. (d) (1) The authorizing resolution may provide for the execution of a trust indenture between the authority and any financial institution or trust company 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, 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) Priority among successive issues of bonds; (D) Custody and application of the proceeds of the bonds; (E) Collection and disposition of revenues; (F) Investing and reinvesting of any moneys during periods not needed for authorized purposes; and (G) Rights, duties, and obligations of the authority and the holders and registered owners of the bonds. (e) (1) Any authorizing resolution and any trust indenture relating to the issuance and security of the bonds shall constitute a contract between the authority 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 authority may be enforced by mandamus or other appropriate proceeding at law or in equity. (f) The rates, rents, fees, and other charges to be charged for the services of the electric project or the specified portion of the electric project with revenues pledged to the payment of the bonds shall be sufficient to provide for: (1) The payment of all principal of and interest on all bonds as and when due; and (2) Renewals and replacements and other appropriate costs for the electric project or the specified portion of the electric project with revenues pledged to the payment of the bonds. (g) (1) The proceeds derived from the sale of the bonds shall be used solely for the purpose of: (A) Planning, purchasing, constructing, acquiring, or participating in an electric project and making betterments, improvements, repairs, and extensions to an electric project; (B) Paying interest on the bonds during or after the period of acquisition and construction or establishment of an electric project or betterments, improvements, and extensions thereto; (C) Establishing any necessary reserves for the bonds; (D) Paying the costs of issuing or refunding bonds; and (E) Paying any other costs and expenditures of whatever nature incidental to the planning, construction, acquisition, establishment, or operation of an electric project or improvements, repairs, and betterments thereto. (2) The terms "betterments", "improvements", and "extensions" include land that may be necessary or advisable for the proper and efficient operation of the authority's electric project. (h) (1) Bonds issued under the provisions of this subchapter shall be payable solely from revenues derived from the electric project or any specified portion of the electric project. (2) The bonds shall not in any event constitute an indebtedness of, nor pledge of the faith and credit of, the State of Arkansas or the participating municipal electric utilities or governing bodies of municipal electric utilities 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 municipal electric utilities or governing bodies of municipal electric utilities within the meaning of any constitutional provisions or limitations; and (C) Is not backed by the full faith and credit of the State of Arkansas or the participating municipal electric utilities or governing bodies of municipal electric utilities. (4) Bonds issued under the provisions of this subchapter and the income from the bonds shall be exempt from all state, county, and municipal taxes, including, without limitation, all income, property, and inheritance taxes. (i) (1) The bonds may be sold in the manner, either at public or private sale, and upon such terms as the board determines to be reasonable and expedient for effectuating the purposes of the authority. (2) The bonds may be sold at any price the board may accept, including sale at discount. (j) The bonds shall be executed in the manner provided for by the Registered Public Obligations Act of Arkansas, § 19-9-401 et seq. Acts 2003, No. 366, § 1.

(a) (1) An authority is authorized to use any available funds, revenues, and long-term or short-term debt to pay and provide for the costs and expenses of accomplishing the purposes authorized by this subchapter. (2) For the purposes of paying the costs of any electric project or the portion thereof pertaining to its interest in the electric project, an authority may issue revenue bonds as provided in this subchapter.

(1) An authority is authorized to use any available funds, revenues, and long-term or short-term debt to pay and provide for the costs and expenses of accomplishing the purposes authorized by this subchapter.

(2) For the purposes of paying the costs of any electric project or the portion thereof pertaining to its interest in the electric project, an authority may issue revenue bonds as provided in this subchapter.

(b) (1) Whenever any authority elects, consistent with this subchapter, to plan, purchase, construct, acquire, operate, or otherwise participate in an electric project or desires to construct improvements, betterments, repairs, and extensions thereto, it may issue revenue bonds under the provisions of this section to pay the costs thereof. (2) The procedure for issuance of bonds shall be as provided in this section.

(1) Whenever any authority elects, consistent with this subchapter, to plan, purchase, construct, acquire, operate, or otherwise participate in an electric project or desires to construct improvements, betterments, repairs, and extensions thereto, it may issue revenue bonds under the provisions of this section to pay the costs thereof.

(2) The procedure for issuance of bonds shall be as provided in this section.

(c) (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 as the board determines; (B) Have such date or dates as the board determines; (C) Be stated to mature at such time or times as the board determines; (D) Bear interest payable at such times and at such rate or rates as the board determines; (E) Be payable at such places within or without the State of Arkansas as the board determines; (F) Be subject to such terms of redemption in advance of maturity at such prices as the board determines; and (G) Contain such terms and conditions as the board determines. (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 of registration set forth in this subsection. (5) The authorizing resolution may contain any other terms, covenants, and conditions that the board 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) Priority among successive issues of bonds; (D) Custody and application of the proceeds of the bonds; (E) Collection and disposition of revenues; (F) Investing and reinvesting of any moneys during periods not needed for authorized purposes; and (G) Rights, duties, and obligations of the authority 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 as the board determines; (B) Have such date or dates as the board determines; (C) Be stated to mature at such time or times as the board determines; (D) Bear interest payable at such times and at such rate or rates as the board determines; (E) Be payable at such places within or without the State of Arkansas as the board determines; (F) Be subject to such terms of redemption in advance of maturity at such prices as the board determines; and (G) Contain such terms and conditions as the board determines.

(A) Be in such form and denominations as the board determines;

(B) Have such date or dates as the board determines;

(C) Be stated to mature at such time or times as the board determines;

(D) Bear interest payable at such times and at such rate or rates as the board determines;

(E) Be payable at such places within or without the State of Arkansas as the board determines;

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

(G) Contain such terms and conditions as the board determines.

(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 of registration set forth in this subsection.

(5) The authorizing resolution may contain any other terms, covenants, and conditions that the board 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) Priority among successive issues of bonds; (D) Custody and application of the proceeds of the bonds; (E) Collection and disposition of revenues; (F) Investing and reinvesting of any moneys during periods not needed for authorized purposes; and (G) Rights, duties, and obligations of the authority 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) Priority among successive issues of bonds;

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

(E) Collection and disposition of revenues;

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

(G) Rights, duties, and obligations of the authority and the holders and registered owners of the bonds.

(d) (1) The authorizing resolution may provide for the execution of a trust indenture between the authority and any financial institution or trust company 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, 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) Priority among successive issues of bonds; (D) Custody and application of the proceeds of the bonds; (E) Collection and disposition of revenues; (F) Investing and reinvesting of any moneys during periods not needed for authorized purposes; and (G) Rights, duties, and obligations of the authority and the holders and registered owners of the bonds.

(1) The authorizing resolution may provide for the execution of a trust indenture between the authority and any financial institution or trust company 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, 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) Priority among successive issues of bonds; (D) Custody and application of the proceeds of the bonds; (E) Collection and disposition of revenues; (F) Investing and reinvesting of any moneys during periods not needed for authorized purposes; and (G) Rights, duties, and obligations of the authority 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) Priority among successive issues of bonds;

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

(E) Collection and disposition of revenues;

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

(G) Rights, duties, and obligations of the authority and the holders and registered owners of the bonds.

(e) (1) Any authorizing resolution and any trust indenture relating to the issuance and security of the bonds shall constitute a contract between the authority 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 authority may be enforced by mandamus or other appropriate proceeding at law or in equity.

(1) Any authorizing resolution and any trust indenture relating to the issuance and security of the bonds shall constitute a contract between the authority 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 authority may be enforced by mandamus or other appropriate proceeding at law or in equity.

(f) The rates, rents, fees, and other charges to be charged for the services of the electric project or the specified portion of the electric project with revenues pledged to the payment of the bonds shall be sufficient to provide for: (1) The payment of all principal of and interest on all bonds as and when due; and (2) Renewals and replacements and other appropriate costs for the electric project or the specified portion of the electric project with revenues pledged to the payment of the bonds.

(1) The payment of all principal of and interest on all bonds as and when due; and

(2) Renewals and replacements and other appropriate costs for the electric project or the specified portion of the electric project with revenues pledged to the payment of the bonds.

(g) (1) The proceeds derived from the sale of the bonds shall be used solely for the purpose of: (A) Planning, purchasing, constructing, acquiring, or participating in an electric project and making betterments, improvements, repairs, and extensions to an electric project; (B) Paying interest on the bonds during or after the period of acquisition and construction or establishment of an electric project or betterments, improvements, and extensions thereto; (C) Establishing any necessary reserves for the bonds; (D) Paying the costs of issuing or refunding bonds; and (E) Paying any other costs and expenditures of whatever nature incidental to the planning, construction, acquisition, establishment, or operation of an electric project or improvements, repairs, and betterments thereto. (2) The terms "betterments", "improvements", and "extensions" include land that may be necessary or advisable for the proper and efficient operation of the authority's electric project.

(1) The proceeds derived from the sale of the bonds shall be used solely for the purpose of: (A) Planning, purchasing, constructing, acquiring, or participating in an electric project and making betterments, improvements, repairs, and extensions to an electric project; (B) Paying interest on the bonds during or after the period of acquisition and construction or establishment of an electric project or betterments, improvements, and extensions thereto; (C) Establishing any necessary reserves for the bonds; (D) Paying the costs of issuing or refunding bonds; and (E) Paying any other costs and expenditures of whatever nature incidental to the planning, construction, acquisition, establishment, or operation of an electric project or improvements, repairs, and betterments thereto.

(A) Planning, purchasing, constructing, acquiring, or participating in an electric project and making betterments, improvements, repairs, and extensions to an electric project;

(B) Paying interest on the bonds during or after the period of acquisition and construction or establishment of an electric project or betterments, improvements, and extensions thereto;

(C) Establishing any necessary reserves for the bonds;

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

(E) Paying any other costs and expenditures of whatever nature incidental to the planning, construction, acquisition, establishment, or operation of an electric project or improvements, repairs, and betterments thereto.

(2) The terms "betterments", "improvements", and "extensions" include land that may be necessary or advisable for the proper and efficient operation of the authority's electric project.

(h) (1) Bonds issued under the provisions of this subchapter shall be payable solely from revenues derived from the electric project or any specified portion of the electric project. (2) The bonds shall not in any event constitute an indebtedness of, nor pledge of the faith and credit of, the State of Arkansas or the participating municipal electric utilities or governing bodies of municipal electric utilities 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 municipal electric utilities or governing bodies of municipal electric utilities within the meaning of any constitutional provisions or limitations; and (C) Is not backed by the full faith and credit of the State of Arkansas or the participating municipal electric utilities or governing bodies of municipal electric utilities. (4) Bonds issued under the provisions of this subchapter and the income from the bonds shall be exempt from all state, county, and municipal taxes, including, without limitation, all income, property, and inheritance taxes.

(1) Bonds issued under the provisions of this subchapter shall be payable solely from revenues derived from the electric project or any specified portion of the electric project.

(2) The bonds shall not in any event constitute an indebtedness of, nor pledge of the faith and credit of, the State of Arkansas or the participating municipal electric utilities or governing bodies of municipal electric utilities 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 municipal electric utilities or governing bodies of municipal electric utilities within the meaning of any constitutional provisions or limitations; and (C) Is not backed by the full faith and credit of the State of Arkansas or the participating municipal electric utilities or governing bodies of municipal electric utilities.

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

(B) Does not constitute an indebtedness of the State of Arkansas or the participating municipal electric utilities or governing bodies of municipal electric utilities within the meaning of any constitutional provisions or limitations; and

(C) Is not backed by the full faith and credit of the State of Arkansas or the participating municipal electric utilities or governing bodies of municipal electric utilities.

(4) Bonds issued under the provisions of this subchapter and the income from the bonds shall be exempt from all state, county, and municipal taxes, including, without limitation, all income, property, and inheritance taxes.

(i) (1) The bonds may be sold in the manner, either at public or private sale, and upon such terms as the board determines to be reasonable and expedient for effectuating the purposes of the authority. (2) The bonds may be sold at any price the board may accept, including sale at discount.

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

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

(j) The bonds shall be executed in the manner provided for by the Registered Public Obligations Act of Arkansas, § 19-9-401 et seq.

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-1-128 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-128
Policy regarding use of technology resources and cyber security - Definitions
Status: in_force

(a) As used in this section: (1) "Employee" means a person employed by a public entity; (2) "Public entity" means an instrumentality funded in whole or in part by taxpayer funds, including without limitation: (A) The Department of Agriculture; (B) The Department of Commerce; (C) The Department of Corrections; (D) The Department of Education; (E) The Department of Energy and Environment; (F) The Department of Finance and Administration; (G) The Department of Health; (H) The Department of Human Services; (I) The Department of Inspector General; (J) The Department of Labor and Licensing; (K) The Department of the Military; (L) The Department of Parks, Heritage, and Tourism; (M) The Department of Public Safety; (N) The Department of Transformation and Shared Services; (O) The Department of Veterans Affairs; (P) The office of a constitutional officer; (Q) A political subdivision of the state; (R) A public school district; (S) A public school district board of directors; (T) An open-enrollment public charter school; (U) An institution of higher education; (V) The State Highway Commission; (W) The Arkansas Department of Transportation; or (X) The Arkansas State Game and Fish Commission; (3) "State entity" means: (A) The Department of Agriculture; (B) The Department of Commerce; (C) The Department of Corrections; (D) The Department of Education; (E) The Department of Energy and Environment; (F) The Department of Finance and Administration; (G) The Department of Health; (H) The Department of Human Services; (I) The Department of Inspector General; (J) The Department of Labor and Licensing; (K) The Department of the Military; (L) The Department of Parks, Heritage, and Tourism; (M) The Department of Public Safety; (N) The Department of Transformation and Shared Services; (O) The Department of Veterans Affairs; (P) The State Highway Commission; (Q) The Arkansas Department of Transportation; (R) The Arkansas State Game and Fish Commission; and (S) An institution of higher education; (4) "State educational entity" means an entity with an educational purpose that is funded in whole or in part by taxpayer funds that is, including without limitation: (A) A public school district; (B) A public school district board of directors; and (C) An open-enrollment charter school; and (5) "Technology resources" means: (A) The machines, devices, and transmission facilities used in information processing, including computers, word processors, terminals, telephones, cables, software, and related products; (B) The devices used to process information through electronic capture, collection, storage, manipulation, transmission, retrieval, and presentation of information in the form of data, text, voice, or image and includes telecommunications and office automation functions; (C) Any component related to information processing and wired and wireless telecommunications, including data processing and telecommunications hardware, software, services, planning, personnel, facilities, and training; (D) The procedures, equipment, and software that are designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and the associated personnel, including consultants and contractors; and (E) All electronic mail accounts issued by a public entity. (b) A public entity shall: (1) Create a technology resources policy that defines the authorized use of technology resources for the public entity; (2) (A) Develop a cyber security policy for all technology resources of the public entity based on the standards and guidelines set by the State Cyber Security Office. (B) Subdivision (b)(2)(A) of this section shall not apply to political subdivisions of the state; and (3) (A) Develop a training program for all employees of the public entity concerning the technology resources policy and cyber security policy. (B) A political subdivision of the state is not required to develop a training program under this section for a cyber security policy. (c) (1) The technology resources policy for each state entity shall be available to the public upon request. (2) The Department of Education, in coordination with the State Cyber Security Office, shall: (A) Develop technology resources policies that shall be used by each type of state educational institution; and (B) Make the policies developed under subdivision (c)(2)(A) of this section available to the public upon request. (d) Each technology resources policy shall include prohibitions on the use of a public entity's technology resources, including without limitation that a public entity's technology resources shall not be used to: (1) Express a personal political opinion to an elected official unless the opinion is: (A) Within the scope of the employee's regular job duties; or (B) Requested by an elected official or public entity; (2) Engage in lobbying an elected official on a personal opinion if the employee is not a registered lobbyist for the public entity; (3) Engage in illegal activities or activities otherwise prohibited by federal law or state law; or (4) Intentionally override or avoid the security and system integrity procedures of the public entity. (e) A public entity shall create a disciplinary procedure for a violation of the public entity's technology resources policy concerning authorized use of technology resources. (f) (1) Each state entity shall submit a cyber security policy for the state entity for approval to the State Cyber Security Office by October 1 of each even-numbered year. (2) The State Cyber Security Office shall establish a procedure to review and approve state entity cyber security policies. (3) The Department of Education shall: (A) Develop a cyber security policy that shall be used by each type of state educational institution; (B) Submit the policies developed under subdivision (f)(3)(A) of this section for approval to the State Cyber Security Office by October 1 of each even-numbered year; and (C) Coordinate with each state educational institution to implement the cyber security policy. (g) A public entity, except for a political subdivision of the state, shall create a disciplinary procedure for a violation of the public entity's cyber security policy in consultation with the State Cyber Security Office that establishes: (1) A disciplinary procedure for a violation of a state entity's cyber security policy; and (2) The reporting procedure for suspected violations of the cyber security policy. (h) All cyber security policies developed under this section shall not be deemed open public records under the Freedom of Information Act of 1967, § 25-19-101 et seq. (i) The disciplinary procedures under subsection (e) of this section shall not apply to employee communications made in compliance with the: (1) Public Employees' Political Freedom Act of 1999, § 21-1-501 et seq.; or (2) Arkansas Whistle-Blower Act, § 21-1-601 et seq. Added by Act 2023, No. 504,§ 1, eff. 8/1/2023.

(a) As used in this section: (1) "Employee" means a person employed by a public entity; (2) "Public entity" means an instrumentality funded in whole or in part by taxpayer funds, including without limitation: (A) The Department of Agriculture; (B) The Department of Commerce; (C) The Department of Corrections; (D) The Department of Education; (E) The Department of Energy and Environment; (F) The Department of Finance and Administration; (G) The Department of Health; (H) The Department of Human Services; (I) The Department of Inspector General; (J) The Department of Labor and Licensing; (K) The Department of the Military; (L) The Department of Parks, Heritage, and Tourism; (M) The Department of Public Safety; (N) The Department of Transformation and Shared Services; (O) The Department of Veterans Affairs; (P) The office of a constitutional officer; (Q) A political subdivision of the state; (R) A public school district; (S) A public school district board of directors; (T) An open-enrollment public charter school; (U) An institution of higher education; (V) The State Highway Commission; (W) The Arkansas Department of Transportation; or (X) The Arkansas State Game and Fish Commission; (3) "State entity" means: (A) The Department of Agriculture; (B) The Department of Commerce; (C) The Department of Corrections; (D) The Department of Education; (E) The Department of Energy and Environment; (F) The Department of Finance and Administration; (G) The Department of Health; (H) The Department of Human Services; (I) The Department of Inspector General; (J) The Department of Labor and Licensing; (K) The Department of the Military; (L) The Department of Parks, Heritage, and Tourism; (M) The Department of Public Safety; (N) The Department of Transformation and Shared Services; (O) The Department of Veterans Affairs; (P) The State Highway Commission; (Q) The Arkansas Department of Transportation; (R) The Arkansas State Game and Fish Commission; and (S) An institution of higher education; (4) "State educational entity" means an entity with an educational purpose that is funded in whole or in part by taxpayer funds that is, including without limitation: (A) A public school district; (B) A public school district board of directors; and (C) An open-enrollment charter school; and (5) "Technology resources" means: (A) The machines, devices, and transmission facilities used in information processing, including computers, word processors, terminals, telephones, cables, software, and related products; (B) The devices used to process information through electronic capture, collection, storage, manipulation, transmission, retrieval, and presentation of information in the form of data, text, voice, or image and includes telecommunications and office automation functions; (C) Any component related to information processing and wired and wireless telecommunications, including data processing and telecommunications hardware, software, services, planning, personnel, facilities, and training; (D) The procedures, equipment, and software that are designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and the associated personnel, including consultants and contractors; and (E) All electronic mail accounts issued by a public entity.

(1) "Employee" means a person employed by a public entity;

(2) "Public entity" means an instrumentality funded in whole or in part by taxpayer funds, including without limitation: (A) The Department of Agriculture; (B) The Department of Commerce; (C) The Department of Corrections; (D) The Department of Education; (E) The Department of Energy and Environment; (F) The Department of Finance and Administration; (G) The Department of Health; (H) The Department of Human Services; (I) The Department of Inspector General; (J) The Department of Labor and Licensing; (K) The Department of the Military; (L) The Department of Parks, Heritage, and Tourism; (M) The Department of Public Safety; (N) The Department of Transformation and Shared Services; (O) The Department of Veterans Affairs; (P) The office of a constitutional officer; (Q) A political subdivision of the state; (R) A public school district; (S) A public school district board of directors; (T) An open-enrollment public charter school; (U) An institution of higher education; (V) The State Highway Commission; (W) The Arkansas Department of Transportation; or (X) The Arkansas State Game and Fish Commission;

(A) The Department of Agriculture;

(B) The Department of Commerce;

(C) The Department of Corrections;

(D) The Department of Education;

(E) The Department of Energy and Environment;

(F) The Department of Finance and Administration;

(G) The Department of Health;

(H) The Department of Human Services;

(I) The Department of Inspector General;

(J) The Department of Labor and Licensing;

(K) The Department of the Military;

(L) The Department of Parks, Heritage, and Tourism;

(M) The Department of Public Safety;

(N) The Department of Transformation and Shared Services;

(O) The Department of Veterans Affairs;

(P) The office of a constitutional officer;

(Q) A political subdivision of the state;

(R) A public school district;

(S) A public school district board of directors;

(T) An open-enrollment public charter school;

(U) An institution of higher education;

(V) The State Highway Commission;

(W) The Arkansas Department of Transportation; or

(X) The Arkansas State Game and Fish Commission;

(3) "State entity" means: (A) The Department of Agriculture; (B) The Department of Commerce; (C) The Department of Corrections; (D) The Department of Education; (E) The Department of Energy and Environment; (F) The Department of Finance and Administration; (G) The Department of Health; (H) The Department of Human Services; (I) The Department of Inspector General; (J) The Department of Labor and Licensing; (K) The Department of the Military; (L) The Department of Parks, Heritage, and Tourism; (M) The Department of Public Safety; (N) The Department of Transformation and Shared Services; (O) The Department of Veterans Affairs; (P) The State Highway Commission; (Q) The Arkansas Department of Transportation; (R) The Arkansas State Game and Fish Commission; and (S) An institution of higher education;

(A) The Department of Agriculture;

(B) The Department of Commerce;

(C) The Department of Corrections;

(D) The Department of Education;

(E) The Department of Energy and Environment;

(F) The Department of Finance and Administration;

(G) The Department of Health;

(H) The Department of Human Services;

(I) The Department of Inspector General;

(J) The Department of Labor and Licensing;

(K) The Department of the Military;

(L) The Department of Parks, Heritage, and Tourism;

(M) The Department of Public Safety;

(N) The Department of Transformation and Shared Services;

(O) The Department of Veterans Affairs;

(P) The State Highway Commission;

(Q) The Arkansas Department of Transportation;

(R) The Arkansas State Game and Fish Commission; and

(S) An institution of higher education;

(4) "State educational entity" means an entity with an educational purpose that is funded in whole or in part by taxpayer funds that is, including without limitation: (A) A public school district; (B) A public school district board of directors; and (C) An open-enrollment charter school; and

(A) A public school district;

(B) A public school district board of directors; and

(C) An open-enrollment charter school; and

(5) "Technology resources" means: (A) The machines, devices, and transmission facilities used in information processing, including computers, word processors, terminals, telephones, cables, software, and related products; (B) The devices used to process information through electronic capture, collection, storage, manipulation, transmission, retrieval, and presentation of information in the form of data, text, voice, or image and includes telecommunications and office automation functions; (C) Any component related to information processing and wired and wireless telecommunications, including data processing and telecommunications hardware, software, services, planning, personnel, facilities, and training; (D) The procedures, equipment, and software that are designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and the associated personnel, including consultants and contractors; and (E) All electronic mail accounts issued by a public entity.

(A) The machines, devices, and transmission facilities used in information processing, including computers, word processors, terminals, telephones, cables, software, and related products;

(B) The devices used to process information through electronic capture, collection, storage, manipulation, transmission, retrieval, and presentation of information in the form of data, text, voice, or image and includes telecommunications and office automation functions;

(C) Any component related to information processing and wired and wireless telecommunications, including data processing and telecommunications hardware, software, services, planning, personnel, facilities, and training;

(D) The procedures, equipment, and software that are designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and the associated personnel, including consultants and contractors; and

(E) All electronic mail accounts issued by a public entity.

(b) A public entity shall: (1) Create a technology resources policy that defines the authorized use of technology resources for the public entity; (2) (A) Develop a cyber security policy for all technology resources of the public entity based on the standards and guidelines set by the State Cyber Security Office. (B) Subdivision (b)(2)(A) of this section shall not apply to political subdivisions of the state; and (3) (A) Develop a training program for all employees of the public entity concerning the technology resources policy and cyber security policy. (B) A political subdivision of the state is not required to develop a training program under this section for a cyber security policy.

(1) Create a technology resources policy that defines the authorized use of technology resources for the public entity;

(2) (A) Develop a cyber security policy for all technology resources of the public entity based on the standards and guidelines set by the State Cyber Security Office. (B) Subdivision (b)(2)(A) of this section shall not apply to political subdivisions of the state; and

(A) Develop a cyber security policy for all technology resources of the public entity based on the standards and guidelines set by the State Cyber Security Office.

(B) Subdivision (b)(2)(A) of this section shall not apply to political subdivisions of the state; and

(3) (A) Develop a training program for all employees of the public entity concerning the technology resources policy and cyber security policy. (B) A political subdivision of the state is not required to develop a training program under this section for a cyber security policy.

(A) Develop a training program for all employees of the public entity concerning the technology resources policy and cyber security policy.

(B) A political subdivision of the state is not required to develop a training program under this section for a cyber security policy.

(c) (1) The technology resources policy for each state entity shall be available to the public upon request. (2) The Department of Education, in coordination with the State Cyber Security Office, shall: (A) Develop technology resources policies that shall be used by each type of state educational institution; and (B) Make the policies developed under subdivision (c)(2)(A) of this section available to the public upon request.

(1) The technology resources policy for each state entity shall be available to the public upon request.

(2) The Department of Education, in coordination with the State Cyber Security Office, shall: (A) Develop technology resources policies that shall be used by each type of state educational institution; and (B) Make the policies developed under subdivision (c)(2)(A) of this section available to the public upon request.

(A) Develop technology resources policies that shall be used by each type of state educational institution; and

(B) Make the policies developed under subdivision (c)(2)(A) of this section available to the public upon request.

(d) Each technology resources policy shall include prohibitions on the use of a public entity's technology resources, including without limitation that a public entity's technology resources shall not be used to: (1) Express a personal political opinion to an elected official unless the opinion is: (A) Within the scope of the employee's regular job duties; or (B) Requested by an elected official or public entity; (2) Engage in lobbying an elected official on a personal opinion if the employee is not a registered lobbyist for the public entity; (3) Engage in illegal activities or activities otherwise prohibited by federal law or state law; or (4) Intentionally override or avoid the security and system integrity procedures of the public entity.

(1) Express a personal political opinion to an elected official unless the opinion is: (A) Within the scope of the employee's regular job duties; or (B) Requested by an elected official or public entity;

(A) Within the scope of the employee's regular job duties; or

(B) Requested by an elected official or public entity;

(2) Engage in lobbying an elected official on a personal opinion if the employee is not a registered lobbyist for the public entity;

(3) Engage in illegal activities or activities otherwise prohibited by federal law or state law; or

(4) Intentionally override or avoid the security and system integrity procedures of the public entity.

(e) A public entity shall create a disciplinary procedure for a violation of the public entity's technology resources policy concerning authorized use of technology resources.

(f) (1) Each state entity shall submit a cyber security policy for the state entity for approval to the State Cyber Security Office by October 1 of each even-numbered year. (2) The State Cyber Security Office shall establish a procedure to review and approve state entity cyber security policies. (3) The Department of Education shall: (A) Develop a cyber security policy that shall be used by each type of state educational institution; (B) Submit the policies developed under subdivision (f)(3)(A) of this section for approval to the State Cyber Security Office by October 1 of each even-numbered year; and (C) Coordinate with each state educational institution to implement the cyber security policy.

(1) Each state entity shall submit a cyber security policy for the state entity for approval to the State Cyber Security Office by October 1 of each even-numbered year.

(2) The State Cyber Security Office shall establish a procedure to review and approve state entity cyber security policies.

(3) The Department of Education shall: (A) Develop a cyber security policy that shall be used by each type of state educational institution; (B) Submit the policies developed under subdivision (f)(3)(A) of this section for approval to the State Cyber Security Office by October 1 of each even-numbered year; and (C) Coordinate with each state educational institution to implement the cyber security policy.

(A) Develop a cyber security policy that shall be used by each type of state educational institution;

(B) Submit the policies developed under subdivision (f)(3)(A) of this section for approval to the State Cyber Security Office by October 1 of each even-numbered year; and

(C) Coordinate with each state educational institution to implement the cyber security policy.

(g) A public entity, except for a political subdivision of the state, shall create a disciplinary procedure for a violation of the public entity's cyber security policy in consultation with the State Cyber Security Office that establishes: (1) A disciplinary procedure for a violation of a state entity's cyber security policy; and (2) The reporting procedure for suspected violations of the cyber security policy.

(1) A disciplinary procedure for a violation of a state entity's cyber security policy; and

(2) The reporting procedure for suspected violations of the cyber security policy.

(h) All cyber security policies developed under this section shall not be deemed open public records under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(i) The disciplinary procedures under subsection (e) of this section shall not apply to employee communications made in compliance with the: (1) Public Employees' Political Freedom Act of 1999, § 21-1-501 et seq.; or (2) Arkansas Whistle-Blower Act, § 21-1-601 et seq.

(1) Public Employees' Political Freedom Act of 1999, § 21-1-501 et seq.; or

(2) Arkansas Whistle-Blower Act, § 21-1-601 et seq.

Added by Act 2023, No. 504,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 25-17-101 — AR Code / Title 25 / Chapter 17 / Subchapter 1 / Section 25-17-101
Antidiscrimination clause required in contracts
Status: in_force

All agencies of the state or any department thereof shall include in all contracts negotiated or renegotiated by them for and on the behalf of the state a provision obligating the contractor not to discriminate against any qualified employee or qualified applicant for employment because of race, color, creed, national origin, or ancestry and shall require the contractor to include a similar provision in all subcontracts. Acts 1977, No. 954, § 6; A.S.A. 1947, § 6-1506; Acts 1991, No. 343, § 9.

All agencies of the state or any department thereof shall include in all contracts negotiated or renegotiated by them for and on the behalf of the state a provision obligating the contractor not to discriminate against any qualified employee or qualified applicant for employment because of race, color, creed, national origin, or ancestry and shall require the contractor to include a similar provision in all subcontracts.

Acts 1977, No. 954, § 6; A.S.A. 1947, § 6-1506; Acts 1991, No. 343, § 9.