Ark. Code Ann. § 15-4-3908 — AR Code / Title 15 / Chapter 4 / Subchapter 39 / Section 15-4-3908
Grant application process, review, and approval
Status: in_force

(a) (1) An eligible applicant may submit an application to receive a grant provided under the Military Affairs Grant Program to the Arkansas Economic Development Commission. (2) The commission shall: (A) Solicit grant applications as funding becomes available; and (B) Assign the Governor's Military Affairs Committee to assist the Military Affairs Director in evaluating grant applications. (3) The Director of the Arkansas Economic Development Commission shall award a grant for a project or program submitted based on the: (A) Criteria established in the Military Affairs Grant Program Funding Recommendation Worksheet created by the Military Affairs Division; and (B) Grant recommendations of the Military Affairs Director and the committee. (b) An eligible applicant applying for a grant under this section shall submit an application on a form prescribed by the commission that includes without limitation: (1) The title of the project or program; (2) The eligible applicant's contact information; (3) The organizational information of the eligible applicant; (4) The sources of all funds that will be used for the project or program, including prior Military Affairs Grant Program awards; (5) All prior Military Affairs Grant Program awards received by the eligible applicant; (6) The project or program proposal information; (7) The amount of funding requested; and (8) The start and completion dates of the project or program. (c) The Military Affairs Director shall: (1) Conduct a preliminary review of each grant application to confirm that the grant application: (A) Was received on or before the due date specified in the grant application solicitation; (B) Was submitted by an eligible applicant; (C) Meets the objectives of the Military Affairs Grant Program; (D) Identifies clearly defined and measurable outcomes relating to the objectives of the Military Affairs Grant Program; (E) Includes a letter of support from the military installation commander if the project or program is located within the legal boundaries of a military installation; and (F) Is complete, including without limitation all required appendices and attachments; and (2) Forward the grant application to the committee at least fifteen (15) days before the next scheduled committee meeting if the Military Affairs Director determines the grant application meets the preliminary review requirements under subdivision (c)(1) of this section. (d) The committee shall: (1) Review each grant application in accordance with the Military Affairs Grant Program Funding Recommendation Worksheet; and (2) Return to the Military Affairs Director: (A) A completed Military Affairs Grant Program Funding Recommendation Worksheet; and (B) Funding recommendations for each grant application. (e) The Military Affairs Director shall conduct a final review of each grant application and forward each grant application to the Director of the Arkansas Economic Development Commission for approval. Added by Act 2021, No. 522,§ 2, eff. 7/1/2021.

(a) (1) An eligible applicant may submit an application to receive a grant provided under the Military Affairs Grant Program to the Arkansas Economic Development Commission. (2) The commission shall: (A) Solicit grant applications as funding becomes available; and (B) Assign the Governor's Military Affairs Committee to assist the Military Affairs Director in evaluating grant applications. (3) The Director of the Arkansas Economic Development Commission shall award a grant for a project or program submitted based on the: (A) Criteria established in the Military Affairs Grant Program Funding Recommendation Worksheet created by the Military Affairs Division; and (B) Grant recommendations of the Military Affairs Director and the committee.

(1) An eligible applicant may submit an application to receive a grant provided under the Military Affairs Grant Program to the Arkansas Economic Development Commission.

(2) The commission shall: (A) Solicit grant applications as funding becomes available; and (B) Assign the Governor's Military Affairs Committee to assist the Military Affairs Director in evaluating grant applications.

(A) Solicit grant applications as funding becomes available; and

(B) Assign the Governor's Military Affairs Committee to assist the Military Affairs Director in evaluating grant applications.

(3) The Director of the Arkansas Economic Development Commission shall award a grant for a project or program submitted based on the: (A) Criteria established in the Military Affairs Grant Program Funding Recommendation Worksheet created by the Military Affairs Division; and (B) Grant recommendations of the Military Affairs Director and the committee.

(A) Criteria established in the Military Affairs Grant Program Funding Recommendation Worksheet created by the Military Affairs Division; and

(B) Grant recommendations of the Military Affairs Director and the committee.

(b) An eligible applicant applying for a grant under this section shall submit an application on a form prescribed by the commission that includes without limitation: (1) The title of the project or program; (2) The eligible applicant's contact information; (3) The organizational information of the eligible applicant; (4) The sources of all funds that will be used for the project or program, including prior Military Affairs Grant Program awards; (5) All prior Military Affairs Grant Program awards received by the eligible applicant; (6) The project or program proposal information; (7) The amount of funding requested; and (8) The start and completion dates of the project or program.

(1) The title of the project or program;

(2) The eligible applicant's contact information;

(3) The organizational information of the eligible applicant;

(4) The sources of all funds that will be used for the project or program, including prior Military Affairs Grant Program awards;

(5) All prior Military Affairs Grant Program awards received by the eligible applicant;

(6) The project or program proposal information;

(7) The amount of funding requested; and

(8) The start and completion dates of the project or program.

(c) The Military Affairs Director shall: (1) Conduct a preliminary review of each grant application to confirm that the grant application: (A) Was received on or before the due date specified in the grant application solicitation; (B) Was submitted by an eligible applicant; (C) Meets the objectives of the Military Affairs Grant Program; (D) Identifies clearly defined and measurable outcomes relating to the objectives of the Military Affairs Grant Program; (E) Includes a letter of support from the military installation commander if the project or program is located within the legal boundaries of a military installation; and (F) Is complete, including without limitation all required appendices and attachments; and (2) Forward the grant application to the committee at least fifteen (15) days before the next scheduled committee meeting if the Military Affairs Director determines the grant application meets the preliminary review requirements under subdivision (c)(1) of this section.

(1) Conduct a preliminary review of each grant application to confirm that the grant application: (A) Was received on or before the due date specified in the grant application solicitation; (B) Was submitted by an eligible applicant; (C) Meets the objectives of the Military Affairs Grant Program; (D) Identifies clearly defined and measurable outcomes relating to the objectives of the Military Affairs Grant Program; (E) Includes a letter of support from the military installation commander if the project or program is located within the legal boundaries of a military installation; and (F) Is complete, including without limitation all required appendices and attachments; and

(A) Was received on or before the due date specified in the grant application solicitation;

(B) Was submitted by an eligible applicant;

(C) Meets the objectives of the Military Affairs Grant Program;

(D) Identifies clearly defined and measurable outcomes relating to the objectives of the Military Affairs Grant Program;

(E) Includes a letter of support from the military installation commander if the project or program is located within the legal boundaries of a military installation; and

(F) Is complete, including without limitation all required appendices and attachments; and

(2) Forward the grant application to the committee at least fifteen (15) days before the next scheduled committee meeting if the Military Affairs Director determines the grant application meets the preliminary review requirements under subdivision (c)(1) of this section.

(d) The committee shall: (1) Review each grant application in accordance with the Military Affairs Grant Program Funding Recommendation Worksheet; and (2) Return to the Military Affairs Director: (A) A completed Military Affairs Grant Program Funding Recommendation Worksheet; and (B) Funding recommendations for each grant application.

(1) Review each grant application in accordance with the Military Affairs Grant Program Funding Recommendation Worksheet; and

(2) Return to the Military Affairs Director: (A) A completed Military Affairs Grant Program Funding Recommendation Worksheet; and (B) Funding recommendations for each grant application.

(A) A completed Military Affairs Grant Program Funding Recommendation Worksheet; and

(B) Funding recommendations for each grant application.

(e) The Military Affairs Director shall conduct a final review of each grant application and forward each grant application to the Director of the Arkansas Economic Development Commission for approval.

Added by Act 2021, No. 522,§ 2, eff. 7/1/2021.
Ark. Code Ann. § 15-4-3605 — AR Code / Title 15 / Chapter 4 / Subchapter 36 / Section 15-4-3605
Certification of qualified equity investments
Status: in_force

(a) (1) (A) (i) A qualified community development entity that seeks to have an equity investment or a long-term debt security designated as a qualified equity investment eligible for a tax credit under this subchapter shall apply to the Arkansas Economic Development Commission. (ii) The commission shall begin accepting applications on July 15, 2013. (B) (i) If the qualified community development entity seeks to have a long-term debt security designated as a qualified equity investment under this section, the qualified community development entity shall not make cash interest payments on the long-term debt security during the period beginning on the date of issuance and ending on the final credit allowance date in an amount that exceeds the cumulative operating income, as determined under 26 C.F.R. § 1.45D-1 , as it existed on January 1, 2013, of the qualified community development entity for that period before giving effect to interest expense on the long-term debt security. (ii) However, the holder's ability to accelerate payments on the long-term debt security instrument in situations in which the issuer has defaulted on covenants designed to ensure compliance with this subchapter or 26 U.S.C. § 45D , as it existed on January 1, 2013, shall not be affected by this subchapter. (2) (A) A qualified community development entity seeking certification of a qualified equity investment shall submit an application to the commission. (B) The application submitted under subdivision (a)(2)(A) of this section shall include the following: (i) Evidence of the applicant's certification as a qualified community development entity, including evidence that the service area of the applicant includes Arkansas; (ii) A copy of an allocation agreement executed by the applicant, or its controlling entity, and the Community Development Financial Institutions Fund; (iii) A certificate executed by an executive officer of the applicant: (a) Attesting that the allocation agreement remains in effect and has not been revoked or cancelled by the Community Development Financial Institutions Fund; and (b) Stating the cumulative amount of allocations awarded to the applicant by the Community Development Financial Institutions Fund; (iv) A description of the proposed amount, structure, and purchaser of the qualified equity investment; (v) If known at the time of application, identifying information for each corporation, limited liability company, association, partnership, or other business entity that will utilize the tax credits earned from the issuance of the qualified equity investment; (vi) (a) Examples of the types of qualified active low-income businesses in which the applicant, its controlling entity, or affiliates of its controlling entity have invested under the federal New Markets Tax Credit Program, if any. (b) An applicant shall not be required to identify qualified active low-income community businesses in which the applicant will invest when submitting an application; (vii) A nonrefundable application fee of five thousand dollars ($5,000); and (viii) The refundable performance fee required under § 15-4-3609 . (b) (1) Within thirty (30) days after receipt of a completed application, the commission shall grant or deny the application in full or in part. (2) (A) If the commission denies any part of an application, the commission shall inform the qualified community development entity of the grounds for the denial. (B) (i) If an application is denied as incomplete and the qualified community development entity provides the additional information or documentation required by the commission or otherwise completes its application within fifteen (15) days of the notice of denial, the application shall be considered completed as of the original date of submission. (ii) If the qualified community development entity fails to provide the information or complete its application within the fifteen-day period, the application remains denied and must be resubmitted in full with a new submission date. (3) (A) If the application is complete and meets the requirements of this subchapter, the commission shall certify the proposed equity investment or long-term debt security as a qualified equity investment that is eligible for a tax credit under this subchapter, subject to the limitations contained in subsection (d) of this section. (B) (i) The commission shall provide written notice of the certification to the qualified community development entity. (ii) The written notice shall include the name, if known, of each corporation, limited liability company, association, partnership, or other business entity that will earn the tax credit and the respective tax credit amount. (iii) If the name of a corporation, limited liability company, association, partnership, or other business entity that is eligible to use the tax credit changes as the result of a transfer of a qualified equity investment or an allocation under § 15-4-3604(b) , the qualified community development entity shall notify the commission of the change. (c) (1) The commission shall certify qualified equity investments in the order the applications are received by the commission. (2) (A) Applications received on the same day shall be deemed to have been received simultaneously. (B) For applications that are complete and meet the requirements of this subchapter and are received on the same day, the commission shall certify, consistent with the remaining qualified equity investment capacity, the qualified equity investments in proportionate percentages based on the ratio of the amount of qualified equity investment requested in an application to the total amount of qualified equity investments requested in all applications received on the same day. (d) (1) The commission shall certify up to one hundred sixty-six million dollars ($166,000,000) in qualified equity investments. (2) If a pending request cannot be fully certified because of the limitation stated in subdivision (d)(1) of this section, the commission shall certify the portion that may be certified unless the qualified community development entity elects to withdraw its request rather than receive partial certification. (e) An approved applicant may transfer all or part of the applicant's certified qualified equity investment authority to the applicant's controlling entity or any qualified community development entity controlled by or under common control with the applicant if the approved applicant: (1) Provides the information required in the application with respect to the transferee; and (2) Notifies the commission of the transfer by providing evidence of the receipt of the cash investment as required under subdivision (f)(2) of this section. (f) (1) Within thirty (30) days of the applicant receiving notice of certification, the qualified community development entity or any transferee under subsection (e) of this section shall issue the qualified equity investment and receive cash in the amount of the certified amount. (2) The qualified community development entity or transferee under subsection (e) of this section must provide the commission with evidence of the receipt of the cash investment within ten (10) business days after receipt. (3) (A) If the qualified community development entity or a transferee under subsection (e) of this section does not receive the cash investment and issue the qualified equity investment within thirty (30) days following receipt of the certification notice, the certification shall lapse, and the corporation, limited liability company, association, partnership, or other business entity may not issue the qualified equity investment without reapplying to the commission for certification. (B) A lapsed certification reverts back to the commission and shall be reissued: (i) First, pro rata to any other applicants whose qualified equity investment allocations were reduced under subsection (d) of this section; and (ii) Second, in accordance with the application process. Amended by Act 2015, No. 1149,§ 4, eff. 7/22/2015. Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.

(a) (1) (A) (i) A qualified community development entity that seeks to have an equity investment or a long-term debt security designated as a qualified equity investment eligible for a tax credit under this subchapter shall apply to the Arkansas Economic Development Commission. (ii) The commission shall begin accepting applications on July 15, 2013. (B) (i) If the qualified community development entity seeks to have a long-term debt security designated as a qualified equity investment under this section, the qualified community development entity shall not make cash interest payments on the long-term debt security during the period beginning on the date of issuance and ending on the final credit allowance date in an amount that exceeds the cumulative operating income, as determined under 26 C.F.R. § 1.45D-1 , as it existed on January 1, 2013, of the qualified community development entity for that period before giving effect to interest expense on the long-term debt security. (ii) However, the holder's ability to accelerate payments on the long-term debt security instrument in situations in which the issuer has defaulted on covenants designed to ensure compliance with this subchapter or 26 U.S.C. § 45D , as it existed on January 1, 2013, shall not be affected by this subchapter. (2) (A) A qualified community development entity seeking certification of a qualified equity investment shall submit an application to the commission. (B) The application submitted under subdivision (a)(2)(A) of this section shall include the following: (i) Evidence of the applicant's certification as a qualified community development entity, including evidence that the service area of the applicant includes Arkansas; (ii) A copy of an allocation agreement executed by the applicant, or its controlling entity, and the Community Development Financial Institutions Fund; (iii) A certificate executed by an executive officer of the applicant: (a) Attesting that the allocation agreement remains in effect and has not been revoked or cancelled by the Community Development Financial Institutions Fund; and (b) Stating the cumulative amount of allocations awarded to the applicant by the Community Development Financial Institutions Fund; (iv) A description of the proposed amount, structure, and purchaser of the qualified equity investment; (v) If known at the time of application, identifying information for each corporation, limited liability company, association, partnership, or other business entity that will utilize the tax credits earned from the issuance of the qualified equity investment; (vi) (a) Examples of the types of qualified active low-income businesses in which the applicant, its controlling entity, or affiliates of its controlling entity have invested under the federal New Markets Tax Credit Program, if any. (b) An applicant shall not be required to identify qualified active low-income community businesses in which the applicant will invest when submitting an application; (vii) A nonrefundable application fee of five thousand dollars ($5,000); and (viii) The refundable performance fee required under § 15-4-3609 .

(1) (A) (i) A qualified community development entity that seeks to have an equity investment or a long-term debt security designated as a qualified equity investment eligible for a tax credit under this subchapter shall apply to the Arkansas Economic Development Commission. (ii) The commission shall begin accepting applications on July 15, 2013. (B) (i) If the qualified community development entity seeks to have a long-term debt security designated as a qualified equity investment under this section, the qualified community development entity shall not make cash interest payments on the long-term debt security during the period beginning on the date of issuance and ending on the final credit allowance date in an amount that exceeds the cumulative operating income, as determined under 26 C.F.R. § 1.45D-1 , as it existed on January 1, 2013, of the qualified community development entity for that period before giving effect to interest expense on the long-term debt security. (ii) However, the holder's ability to accelerate payments on the long-term debt security instrument in situations in which the issuer has defaulted on covenants designed to ensure compliance with this subchapter or 26 U.S.C. § 45D , as it existed on January 1, 2013, shall not be affected by this subchapter.

(A) (i) A qualified community development entity that seeks to have an equity investment or a long-term debt security designated as a qualified equity investment eligible for a tax credit under this subchapter shall apply to the Arkansas Economic Development Commission. (ii) The commission shall begin accepting applications on July 15, 2013.

(i) A qualified community development entity that seeks to have an equity investment or a long-term debt security designated as a qualified equity investment eligible for a tax credit under this subchapter shall apply to the Arkansas Economic Development Commission.

(ii) The commission shall begin accepting applications on July 15, 2013.

(B) (i) If the qualified community development entity seeks to have a long-term debt security designated as a qualified equity investment under this section, the qualified community development entity shall not make cash interest payments on the long-term debt security during the period beginning on the date of issuance and ending on the final credit allowance date in an amount that exceeds the cumulative operating income, as determined under 26 C.F.R. § 1.45D-1 , as it existed on January 1, 2013, of the qualified community development entity for that period before giving effect to interest expense on the long-term debt security. (ii) However, the holder's ability to accelerate payments on the long-term debt security instrument in situations in which the issuer has defaulted on covenants designed to ensure compliance with this subchapter or 26 U.S.C. § 45D , as it existed on January 1, 2013, shall not be affected by this subchapter.

(i) If the qualified community development entity seeks to have a long-term debt security designated as a qualified equity investment under this section, the qualified community development entity shall not make cash interest payments on the long-term debt security during the period beginning on the date of issuance and ending on the final credit allowance date in an amount that exceeds the cumulative operating income, as determined under 26 C.F.R. § 1.45D-1 , as it existed on January 1, 2013, of the qualified community development entity for that period before giving effect to interest expense on the long-term debt security.

(ii) However, the holder's ability to accelerate payments on the long-term debt security instrument in situations in which the issuer has defaulted on covenants designed to ensure compliance with this subchapter or 26 U.S.C. § 45D , as it existed on January 1, 2013, shall not be affected by this subchapter.

(2) (A) A qualified community development entity seeking certification of a qualified equity investment shall submit an application to the commission. (B) The application submitted under subdivision (a)(2)(A) of this section shall include the following: (i) Evidence of the applicant's certification as a qualified community development entity, including evidence that the service area of the applicant includes Arkansas; (ii) A copy of an allocation agreement executed by the applicant, or its controlling entity, and the Community Development Financial Institutions Fund; (iii) A certificate executed by an executive officer of the applicant: (a) Attesting that the allocation agreement remains in effect and has not been revoked or cancelled by the Community Development Financial Institutions Fund; and (b) Stating the cumulative amount of allocations awarded to the applicant by the Community Development Financial Institutions Fund; (iv) A description of the proposed amount, structure, and purchaser of the qualified equity investment; (v) If known at the time of application, identifying information for each corporation, limited liability company, association, partnership, or other business entity that will utilize the tax credits earned from the issuance of the qualified equity investment; (vi) (a) Examples of the types of qualified active low-income businesses in which the applicant, its controlling entity, or affiliates of its controlling entity have invested under the federal New Markets Tax Credit Program, if any. (b) An applicant shall not be required to identify qualified active low-income community businesses in which the applicant will invest when submitting an application; (vii) A nonrefundable application fee of five thousand dollars ($5,000); and (viii) The refundable performance fee required under § 15-4-3609 .

(A) A qualified community development entity seeking certification of a qualified equity investment shall submit an application to the commission.

(B) The application submitted under subdivision (a)(2)(A) of this section shall include the following: (i) Evidence of the applicant's certification as a qualified community development entity, including evidence that the service area of the applicant includes Arkansas; (ii) A copy of an allocation agreement executed by the applicant, or its controlling entity, and the Community Development Financial Institutions Fund; (iii) A certificate executed by an executive officer of the applicant: (a) Attesting that the allocation agreement remains in effect and has not been revoked or cancelled by the Community Development Financial Institutions Fund; and (b) Stating the cumulative amount of allocations awarded to the applicant by the Community Development Financial Institutions Fund; (iv) A description of the proposed amount, structure, and purchaser of the qualified equity investment; (v) If known at the time of application, identifying information for each corporation, limited liability company, association, partnership, or other business entity that will utilize the tax credits earned from the issuance of the qualified equity investment; (vi) (a) Examples of the types of qualified active low-income businesses in which the applicant, its controlling entity, or affiliates of its controlling entity have invested under the federal New Markets Tax Credit Program, if any. (b) An applicant shall not be required to identify qualified active low-income community businesses in which the applicant will invest when submitting an application; (vii) A nonrefundable application fee of five thousand dollars ($5,000); and (viii) The refundable performance fee required under § 15-4-3609 .

(i) Evidence of the applicant's certification as a qualified community development entity, including evidence that the service area of the applicant includes Arkansas;

(ii) A copy of an allocation agreement executed by the applicant, or its controlling entity, and the Community Development Financial Institutions Fund;

(iii) A certificate executed by an executive officer of the applicant: (a) Attesting that the allocation agreement remains in effect and has not been revoked or cancelled by the Community Development Financial Institutions Fund; and (b) Stating the cumulative amount of allocations awarded to the applicant by the Community Development Financial Institutions Fund;

(a) Attesting that the allocation agreement remains in effect and has not been revoked or cancelled by the Community Development Financial Institutions Fund; and

(b) Stating the cumulative amount of allocations awarded to the applicant by the Community Development Financial Institutions Fund;

(iv) A description of the proposed amount, structure, and purchaser of the qualified equity investment;

(v) If known at the time of application, identifying information for each corporation, limited liability company, association, partnership, or other business entity that will utilize the tax credits earned from the issuance of the qualified equity investment;

(vi) (a) Examples of the types of qualified active low-income businesses in which the applicant, its controlling entity, or affiliates of its controlling entity have invested under the federal New Markets Tax Credit Program, if any. (b) An applicant shall not be required to identify qualified active low-income community businesses in which the applicant will invest when submitting an application;

(a) Examples of the types of qualified active low-income businesses in which the applicant, its controlling entity, or affiliates of its controlling entity have invested under the federal New Markets Tax Credit Program, if any.

(b) An applicant shall not be required to identify qualified active low-income community businesses in which the applicant will invest when submitting an application;

(vii) A nonrefundable application fee of five thousand dollars ($5,000); and

(viii) The refundable performance fee required under § 15-4-3609 .

(b) (1) Within thirty (30) days after receipt of a completed application, the commission shall grant or deny the application in full or in part. (2) (A) If the commission denies any part of an application, the commission shall inform the qualified community development entity of the grounds for the denial. (B) (i) If an application is denied as incomplete and the qualified community development entity provides the additional information or documentation required by the commission or otherwise completes its application within fifteen (15) days of the notice of denial, the application shall be considered completed as of the original date of submission. (ii) If the qualified community development entity fails to provide the information or complete its application within the fifteen-day period, the application remains denied and must be resubmitted in full with a new submission date. (3) (A) If the application is complete and meets the requirements of this subchapter, the commission shall certify the proposed equity investment or long-term debt security as a qualified equity investment that is eligible for a tax credit under this subchapter, subject to the limitations contained in subsection (d) of this section. (B) (i) The commission shall provide written notice of the certification to the qualified community development entity. (ii) The written notice shall include the name, if known, of each corporation, limited liability company, association, partnership, or other business entity that will earn the tax credit and the respective tax credit amount. (iii) If the name of a corporation, limited liability company, association, partnership, or other business entity that is eligible to use the tax credit changes as the result of a transfer of a qualified equity investment or an allocation under § 15-4-3604(b) , the qualified community development entity shall notify the commission of the change.

(1) Within thirty (30) days after receipt of a completed application, the commission shall grant or deny the application in full or in part.

(2) (A) If the commission denies any part of an application, the commission shall inform the qualified community development entity of the grounds for the denial. (B) (i) If an application is denied as incomplete and the qualified community development entity provides the additional information or documentation required by the commission or otherwise completes its application within fifteen (15) days of the notice of denial, the application shall be considered completed as of the original date of submission. (ii) If the qualified community development entity fails to provide the information or complete its application within the fifteen-day period, the application remains denied and must be resubmitted in full with a new submission date.

(A) If the commission denies any part of an application, the commission shall inform the qualified community development entity of the grounds for the denial.

(B) (i) If an application is denied as incomplete and the qualified community development entity provides the additional information or documentation required by the commission or otherwise completes its application within fifteen (15) days of the notice of denial, the application shall be considered completed as of the original date of submission. (ii) If the qualified community development entity fails to provide the information or complete its application within the fifteen-day period, the application remains denied and must be resubmitted in full with a new submission date.

(i) If an application is denied as incomplete and the qualified community development entity provides the additional information or documentation required by the commission or otherwise completes its application within fifteen (15) days of the notice of denial, the application shall be considered completed as of the original date of submission.

(ii) If the qualified community development entity fails to provide the information or complete its application within the fifteen-day period, the application remains denied and must be resubmitted in full with a new submission date.

(3) (A) If the application is complete and meets the requirements of this subchapter, the commission shall certify the proposed equity investment or long-term debt security as a qualified equity investment that is eligible for a tax credit under this subchapter, subject to the limitations contained in subsection (d) of this section. (B) (i) The commission shall provide written notice of the certification to the qualified community development entity. (ii) The written notice shall include the name, if known, of each corporation, limited liability company, association, partnership, or other business entity that will earn the tax credit and the respective tax credit amount. (iii) If the name of a corporation, limited liability company, association, partnership, or other business entity that is eligible to use the tax credit changes as the result of a transfer of a qualified equity investment or an allocation under § 15-4-3604(b) , the qualified community development entity shall notify the commission of the change.

(A) If the application is complete and meets the requirements of this subchapter, the commission shall certify the proposed equity investment or long-term debt security as a qualified equity investment that is eligible for a tax credit under this subchapter, subject to the limitations contained in subsection (d) of this section.

(B) (i) The commission shall provide written notice of the certification to the qualified community development entity. (ii) The written notice shall include the name, if known, of each corporation, limited liability company, association, partnership, or other business entity that will earn the tax credit and the respective tax credit amount. (iii) If the name of a corporation, limited liability company, association, partnership, or other business entity that is eligible to use the tax credit changes as the result of a transfer of a qualified equity investment or an allocation under § 15-4-3604(b) , the qualified community development entity shall notify the commission of the change.

(i) The commission shall provide written notice of the certification to the qualified community development entity.

(ii) The written notice shall include the name, if known, of each corporation, limited liability company, association, partnership, or other business entity that will earn the tax credit and the respective tax credit amount.

(iii) If the name of a corporation, limited liability company, association, partnership, or other business entity that is eligible to use the tax credit changes as the result of a transfer of a qualified equity investment or an allocation under § 15-4-3604(b) , the qualified community development entity shall notify the commission of the change.

(c) (1) The commission shall certify qualified equity investments in the order the applications are received by the commission. (2) (A) Applications received on the same day shall be deemed to have been received simultaneously. (B) For applications that are complete and meet the requirements of this subchapter and are received on the same day, the commission shall certify, consistent with the remaining qualified equity investment capacity, the qualified equity investments in proportionate percentages based on the ratio of the amount of qualified equity investment requested in an application to the total amount of qualified equity investments requested in all applications received on the same day.

(1) The commission shall certify qualified equity investments in the order the applications are received by the commission.

(2) (A) Applications received on the same day shall be deemed to have been received simultaneously. (B) For applications that are complete and meet the requirements of this subchapter and are received on the same day, the commission shall certify, consistent with the remaining qualified equity investment capacity, the qualified equity investments in proportionate percentages based on the ratio of the amount of qualified equity investment requested in an application to the total amount of qualified equity investments requested in all applications received on the same day.

(A) Applications received on the same day shall be deemed to have been received simultaneously.

(B) For applications that are complete and meet the requirements of this subchapter and are received on the same day, the commission shall certify, consistent with the remaining qualified equity investment capacity, the qualified equity investments in proportionate percentages based on the ratio of the amount of qualified equity investment requested in an application to the total amount of qualified equity investments requested in all applications received on the same day.

(d) (1) The commission shall certify up to one hundred sixty-six million dollars ($166,000,000) in qualified equity investments. (2) If a pending request cannot be fully certified because of the limitation stated in subdivision (d)(1) of this section, the commission shall certify the portion that may be certified unless the qualified community development entity elects to withdraw its request rather than receive partial certification.

(1) The commission shall certify up to one hundred sixty-six million dollars ($166,000,000) in qualified equity investments.

(2) If a pending request cannot be fully certified because of the limitation stated in subdivision (d)(1) of this section, the commission shall certify the portion that may be certified unless the qualified community development entity elects to withdraw its request rather than receive partial certification.

(e) An approved applicant may transfer all or part of the applicant's certified qualified equity investment authority to the applicant's controlling entity or any qualified community development entity controlled by or under common control with the applicant if the approved applicant: (1) Provides the information required in the application with respect to the transferee; and (2) Notifies the commission of the transfer by providing evidence of the receipt of the cash investment as required under subdivision (f)(2) of this section.

(1) Provides the information required in the application with respect to the transferee; and

(2) Notifies the commission of the transfer by providing evidence of the receipt of the cash investment as required under subdivision (f)(2) of this section.

(f) (1) Within thirty (30) days of the applicant receiving notice of certification, the qualified community development entity or any transferee under subsection (e) of this section shall issue the qualified equity investment and receive cash in the amount of the certified amount. (2) The qualified community development entity or transferee under subsection (e) of this section must provide the commission with evidence of the receipt of the cash investment within ten (10) business days after receipt. (3) (A) If the qualified community development entity or a transferee under subsection (e) of this section does not receive the cash investment and issue the qualified equity investment within thirty (30) days following receipt of the certification notice, the certification shall lapse, and the corporation, limited liability company, association, partnership, or other business entity may not issue the qualified equity investment without reapplying to the commission for certification. (B) A lapsed certification reverts back to the commission and shall be reissued: (i) First, pro rata to any other applicants whose qualified equity investment allocations were reduced under subsection (d) of this section; and (ii) Second, in accordance with the application process.

(1) Within thirty (30) days of the applicant receiving notice of certification, the qualified community development entity or any transferee under subsection (e) of this section shall issue the qualified equity investment and receive cash in the amount of the certified amount.

(2) The qualified community development entity or transferee under subsection (e) of this section must provide the commission with evidence of the receipt of the cash investment within ten (10) business days after receipt.

(3) (A) If the qualified community development entity or a transferee under subsection (e) of this section does not receive the cash investment and issue the qualified equity investment within thirty (30) days following receipt of the certification notice, the certification shall lapse, and the corporation, limited liability company, association, partnership, or other business entity may not issue the qualified equity investment without reapplying to the commission for certification. (B) A lapsed certification reverts back to the commission and shall be reissued: (i) First, pro rata to any other applicants whose qualified equity investment allocations were reduced under subsection (d) of this section; and (ii) Second, in accordance with the application process.

(A) If the qualified community development entity or a transferee under subsection (e) of this section does not receive the cash investment and issue the qualified equity investment within thirty (30) days following receipt of the certification notice, the certification shall lapse, and the corporation, limited liability company, association, partnership, or other business entity may not issue the qualified equity investment without reapplying to the commission for certification.

(B) A lapsed certification reverts back to the commission and shall be reissued: (i) First, pro rata to any other applicants whose qualified equity investment allocations were reduced under subsection (d) of this section; and (ii) Second, in accordance with the application process.

(i) First, pro rata to any other applicants whose qualified equity investment allocations were reduced under subsection (d) of this section; and

(ii) Second, in accordance with the application process.

Amended by Act 2015, No. 1149,§ 4, eff. 7/22/2015.

Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Ark. Code Ann. § 15-72-902 — AR Code / Title 15 / Chapter 72 / Subchapter 9 / Section 15-72-902
Text
Status: in_force

The Interstate Compact to Conserve Oil and Gas referred to in the above section, and which it is hereby proposed to enter and to extend by agreement, subject to the approval of Congress, reads as follows: "AN INTERSTATE COMPACT TO CONSERVE OIL AND GAS ARTICLE I. " "This agreement may become effective within any compacting state at any time as prescribed by that state, and shall become effective within those states ratifying it whenever any three of the states of Texas, Oklahoma, California, Kansas, and New Mexico have ratified and Congress has given its consent. Any oil-producing state may become a party hereto as hereinafter provided. ARTICLE II. " "The purpose of this compact is to conserve oil and gas by the prevention of physical waste thereof from any cause. ARTICLE III. " "Each state bound hereby agrees that within a reasonable time it will enact laws, or if laws have been enacted, then it agrees to continue the same in force, to accomplish with reasonable limits the prevention of: (a) " The operation of any oil well with an inefficient gas-oil ratio. (b) " The drowning with water of any stratum capable of producing oil or gas, or both oil and gas in paying quantities. (c) " The avoidable escape into the open air or the wasteful burning of gas from a natural gas well. (d) " The creation of unnecessary hazards. (e) " The drilling, equipping, locating, spacing or operating of a well or wells so as to bring about physical waste of oil or gas or loss in the ultimate recovery thereof. (f) " The inefficient, excessive or improper use of the reservoir in producing any well. The enumeration of the foregoing subjects shall not limit the scope of the authority of any state. ARTICLE IV. " "Each state bound hereby agrees that it will, within a reasonable time, enact statutes, or if such statutes have been enacted then that it will continue the same in force, providing in effect that oil produced in violation of its valid oil and/or gas conservation statutes or any valid rule, order or regulation promulgated thereunder, shall be denied access to commerce; and providing for stringent penalties for the waste of either oil or gas. ARTICLE V. " "It is not the purpose of this compact to authorize the states joining herein to limit the production of oil or gas for the purpose of stabilizing or fixing the price thereof, or create or perpetuate monopoly, or to promote regimentation, but is limited to the purpose of conserving oil and gas and preventing the avoidable waste thereof within reasonable limitations. ARTICLE VI. " "Each state joining herein shall appoint one representative to a commission hereby constituted and designated as THE INTERSTATE OIL COMPACT COMMISSION, the duty of which said commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about conservation, and at such intervals as said Commission deems beneficial it shall report its findings and recommendations to the several states for adoption or rejection. "The Commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their several jurisdictions to promote the maximum ultimate recovery from the petroleum reserves of said states, and to recommend measures for the maximum ultimate recovery of oil and gas. Said Commission shall organize and adopt suitable rules and regulations for the conduct of its business. "No action shall be taken by the Commission except: (1) By the affirmative votes of the majority of the whole number of the compacting states, represented at any meeting, and (2) by a concurring vote of a majority in interest of the compacting states at said meeting, such interest to be determined as follows: Such vote of each state shall be in the decimal proportion fixed by the ratio of its daily average production during the preceding calendar half-year to the daily average production of the compacting states during said period. ARTICLE VII. " "No state by joining herein shall become financially obligated to any other state, nor shall the breach of the terms hereof by any state subject such state to financial responsibility to the other states joining herein. ARTICLE VIII. " "This compact shall expire September 1, 1937. But any state joining herein may, upon sixty (60) days notice, withdraw herefrom. "The representatives of the signatory states have signed this agreement in a single origin which shall be deposited in the archives of the Department of State of the United States, and a duly certified copy shall be forwarded to the Governor of each of the signatory states. "This compact shall become effective when ratified and approved as provided in Article 1. Any oil-producing state may become a party hereto by affixing its signature to a counterpart to be similarly deposited, certified and ratified. "Done in the City of Dallas, Texas, this sixteenth day of February, 1936. "E. W. MARLAND THE GOVERNOR OF THE STATE OF OKLAHOMA "JAMES V. ALLRED THE GOVERNOR OF THE STATE OF TEXAS "R. L. PATTERSON FOR THE STATE OF CALIFORNIA "FRANK VESELY "E. H. WELLS "HUGH BURCH "HIRAM M. DOW FOR THE STATE OF NEW MEXICO "The following representatives recommended to their respective governors and legislatures the ratification of the foregoing agreement: "JOHN W. OLVEY OF ARKANSAS "WARWICK M. DOWNING OF COLORADO "WILLIAM BELL OF ILLINOIS "GORDON E. VAN EENANAAM "GERALD COTTER OF MICHIGAN "RALPH J. PRYOR "E. B. SHAWVER "T. C. JOHNSON OF KANSAS." Acts 1941, No. 86, § 2; A.S.A. 1947, § 53-802.

The Interstate Compact to Conserve Oil and Gas referred to in the above section, and which it is hereby proposed to enter and to extend by agreement, subject to the approval of Congress, reads as follows:

"AN INTERSTATE COMPACT TO CONSERVE OIL AND GAS

ARTICLE I. " "This agreement may become effective within any compacting state at any time as prescribed by that state, and shall become effective within those states ratifying it whenever any three of the states of Texas, Oklahoma, California, Kansas, and New Mexico have ratified and Congress has given its consent. Any oil-producing state may become a party hereto as hereinafter provided.

"This agreement may become effective within any compacting state at any time as prescribed by that state, and shall become effective within those states ratifying it whenever any three of the states of Texas, Oklahoma, California, Kansas, and New Mexico have ratified and Congress has given its consent. Any oil-producing state may become a party hereto as hereinafter provided.

ARTICLE II. " "The purpose of this compact is to conserve oil and gas by the prevention of physical waste thereof from any cause.

"The purpose of this compact is to conserve oil and gas by the prevention of physical waste thereof from any cause.

ARTICLE III. " "Each state bound hereby agrees that within a reasonable time it will enact laws, or if laws have been enacted, then it agrees to continue the same in force, to accomplish with reasonable limits the prevention of: (a) " The operation of any oil well with an inefficient gas-oil ratio. (b) " The drowning with water of any stratum capable of producing oil or gas, or both oil and gas in paying quantities. (c) " The avoidable escape into the open air or the wasteful burning of gas from a natural gas well. (d) " The creation of unnecessary hazards. (e) " The drilling, equipping, locating, spacing or operating of a well or wells so as to bring about physical waste of oil or gas or loss in the ultimate recovery thereof. (f) " The inefficient, excessive or improper use of the reservoir in producing any well. The enumeration of the foregoing subjects shall not limit the scope of the authority of any state.

"Each state bound hereby agrees that within a reasonable time it will enact laws, or if laws have been enacted, then it agrees to continue the same in force, to accomplish with reasonable limits the prevention of:

(a) " The operation of any oil well with an inefficient gas-oil ratio.

(b) " The drowning with water of any stratum capable of producing oil or gas, or both oil and gas in paying quantities.

(c) " The avoidable escape into the open air or the wasteful burning of gas from a natural gas well.

(d) " The creation of unnecessary hazards.

(e) " The drilling, equipping, locating, spacing or operating of a well or wells so as to bring about physical waste of oil or gas or loss in the ultimate recovery thereof.

(f) " The inefficient, excessive or improper use of the reservoir in producing any well. The enumeration of the foregoing subjects shall not limit the scope of the authority of any state.

The enumeration of the foregoing subjects shall not limit the scope of the authority of any state.

ARTICLE IV. " "Each state bound hereby agrees that it will, within a reasonable time, enact statutes, or if such statutes have been enacted then that it will continue the same in force, providing in effect that oil produced in violation of its valid oil and/or gas conservation statutes or any valid rule, order or regulation promulgated thereunder, shall be denied access to commerce; and providing for stringent penalties for the waste of either oil or gas.

"Each state bound hereby agrees that it will, within a reasonable time, enact statutes, or if such statutes have been enacted then that it will continue the same in force, providing in effect that oil produced in violation of its valid oil and/or gas conservation statutes or any valid rule, order or regulation promulgated thereunder, shall be denied access to commerce; and providing for stringent penalties for the waste of either oil or gas.

ARTICLE V. " "It is not the purpose of this compact to authorize the states joining herein to limit the production of oil or gas for the purpose of stabilizing or fixing the price thereof, or create or perpetuate monopoly, or to promote regimentation, but is limited to the purpose of conserving oil and gas and preventing the avoidable waste thereof within reasonable limitations.

"It is not the purpose of this compact to authorize the states joining herein to limit the production of oil or gas for the purpose of stabilizing or fixing the price thereof, or create or perpetuate monopoly, or to promote regimentation, but is limited to the purpose of conserving oil and gas and preventing the avoidable waste thereof within reasonable limitations.

ARTICLE VI. " "Each state joining herein shall appoint one representative to a commission hereby constituted and designated as THE INTERSTATE OIL COMPACT COMMISSION, the duty of which said commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about conservation, and at such intervals as said Commission deems beneficial it shall report its findings and recommendations to the several states for adoption or rejection. "The Commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their several jurisdictions to promote the maximum ultimate recovery from the petroleum reserves of said states, and to recommend measures for the maximum ultimate recovery of oil and gas. Said Commission shall organize and adopt suitable rules and regulations for the conduct of its business. "No action shall be taken by the Commission except: (1) By the affirmative votes of the majority of the whole number of the compacting states, represented at any meeting, and (2) by a concurring vote of a majority in interest of the compacting states at said meeting, such interest to be determined as follows: Such vote of each state shall be in the decimal proportion fixed by the ratio of its daily average production during the preceding calendar half-year to the daily average production of the compacting states during said period.

"Each state joining herein shall appoint one representative to a commission hereby constituted and designated as THE INTERSTATE OIL COMPACT COMMISSION, the duty of which said commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about conservation, and at such intervals as said Commission deems beneficial it shall report its findings and recommendations to the several states for adoption or rejection.

"The Commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their several jurisdictions to promote the maximum ultimate recovery from the petroleum reserves of said states, and to recommend measures for the maximum ultimate recovery of oil and gas. Said Commission shall organize and adopt suitable rules and regulations for the conduct of its business.

"No action shall be taken by the Commission except:

(1) By the affirmative votes of the majority of the whole number of the compacting states, represented at any meeting, and

(2) by a concurring vote of a majority in interest of the compacting states at said meeting, such interest to be determined as follows: Such vote of each state shall be in the decimal proportion fixed by the ratio of its daily average production during the preceding calendar half-year to the daily average production of the compacting states during said period.

ARTICLE VII. " "No state by joining herein shall become financially obligated to any other state, nor shall the breach of the terms hereof by any state subject such state to financial responsibility to the other states joining herein.

"No state by joining herein shall become financially obligated to any other state, nor shall the breach of the terms hereof by any state subject such state to financial responsibility to the other states joining herein.

ARTICLE VIII. " "This compact shall expire September 1, 1937. But any state joining herein may, upon sixty (60) days notice, withdraw herefrom. "The representatives of the signatory states have signed this agreement in a single origin which shall be deposited in the archives of the Department of State of the United States, and a duly certified copy shall be forwarded to the Governor of each of the signatory states. "This compact shall become effective when ratified and approved as provided in Article 1. Any oil-producing state may become a party hereto by affixing its signature to a counterpart to be similarly deposited, certified and ratified. "Done in the City of Dallas, Texas, this sixteenth day of February, 1936. "E. W. MARLAND THE GOVERNOR OF THE STATE OF OKLAHOMA "JAMES V. ALLRED THE GOVERNOR OF THE STATE OF TEXAS "R. L. PATTERSON FOR THE STATE OF CALIFORNIA "FRANK VESELY "E. H. WELLS "HUGH BURCH "HIRAM M. DOW FOR THE STATE OF NEW MEXICO "The following representatives recommended to their respective governors and legislatures the ratification of the foregoing agreement: "JOHN W. OLVEY OF ARKANSAS "WARWICK M. DOWNING OF COLORADO "WILLIAM BELL OF ILLINOIS "GORDON E. VAN EENANAAM "GERALD COTTER OF MICHIGAN "RALPH J. PRYOR "E. B. SHAWVER "T. C. JOHNSON OF KANSAS."

"This compact shall expire September 1, 1937. But any state joining herein may, upon sixty (60) days notice, withdraw herefrom.

"The representatives of the signatory states have signed this agreement in a single origin which shall be deposited in the archives of the Department of State of the United States, and a duly certified copy shall be forwarded to the Governor of each of the signatory states.

"This compact shall become effective when ratified and approved as provided in Article 1. Any oil-producing state may become a party hereto by affixing its signature to a counterpart to be similarly deposited, certified and ratified.

"Done in the City of Dallas, Texas, this sixteenth day of February, 1936.

"E. W. MARLAND THE GOVERNOR OF THE STATE OF OKLAHOMA "JAMES V. ALLRED THE GOVERNOR OF THE STATE OF TEXAS "R. L. PATTERSON FOR THE STATE OF CALIFORNIA "FRANK VESELY "E. H. WELLS "HUGH BURCH "HIRAM M. DOW FOR THE STATE OF NEW MEXICO

"E. W. MARLAND

THE GOVERNOR OF THE STATE OF OKLAHOMA

"JAMES V. ALLRED

THE GOVERNOR OF THE STATE OF TEXAS

"R. L. PATTERSON

FOR THE STATE OF CALIFORNIA

"FRANK VESELY

"E. H. WELLS

"HUGH BURCH

"HIRAM M. DOW

FOR THE STATE OF NEW MEXICO

"The following representatives recommended to their respective governors and legislatures the ratification of the foregoing agreement:

"JOHN W. OLVEY OF ARKANSAS "WARWICK M. DOWNING OF COLORADO "WILLIAM BELL OF ILLINOIS "GORDON E. VAN EENANAAM "GERALD COTTER OF MICHIGAN "RALPH J. PRYOR "E. B. SHAWVER "T. C. JOHNSON OF KANSAS."

"JOHN W. OLVEY

OF ARKANSAS

"WARWICK M. DOWNING

OF COLORADO

"WILLIAM BELL

OF ILLINOIS

"GORDON E. VAN EENANAAM

"GERALD COTTER

OF MICHIGAN

"RALPH J. PRYOR

"E. B. SHAWVER

"T. C. JOHNSON

OF KANSAS."

Acts 1941, No. 86, § 2; A.S.A. 1947, § 53-802.
Ark. Code Ann. § 15-4-3213 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3213
Deposit of bond proceeds
Status: in_force

(a) The proceeds from the sale of the bonds, together with any revenues derived by the Arkansas Development Finance Authority from a qualified Amendment 82 project financed or refinanced under Arkansas Constitution, Amendment 82, and this subchapter, that are required to be so deposited under the resolution or trust indenture authorizing or securing the bonds shall be deposited by the recipient, as received, into trust funds in the name of the authority under the resolution or trust indenture authorizing or securing the bonds to accomplish the purposes of Arkansas Constitution, Amendment 82, and this subchapter in amounts or portions as set forth in the resolution or trust indenture authorizing or securing the bonds issued to finance or refinance the qualified Amendment 82 project. (b) (1) The holder of the trust funds shall establish separate accounts and subaccounts within the applicable fund to correspond to the applicable series of bonds. (2) In addition and under the resolution or trust indenture authorizing or securing the bonds, there may be created other funds, accounts, or subaccounts as the authority may determine to be necessary or desirable to accomplish the purposes of Arkansas Constitution, Amendment 82, and this subchapter. (c) All procedures and methods for application of proceeds of any series of bonds to the financing or refinancing of project costs shall be: (1) Developed in consultation with the Arkansas Economic Development Commission and the Chief Fiscal Officer of the State; (2) Set forth in the resolution or trust indenture authorizing or securing the bonds; and (3) Maintained as part of the records of the authority. (d) The holder and administrator of funds composed, in whole or in part, of proceeds of bonds or disbursements from funds established under this subchapter shall be required by appropriate provision of the resolution or trust indenture authorizing or securing the bonds issued to audit funds no less frequently than annually and to assist the authority in preparing any report related to the bonds that may be required by this subchapter or other applicable federal or state law. (e) The proceeds from the sale of the bonds, together with any revenues derived by the authority from any qualified Amendment 82 project financed or refinanced under Arkansas Constitution, Amendment 82, and this subchapter that are required to be so deposited under the resolution or trust indenture authorizing or securing the bonds and any money held in any funds created under or authorized by Arkansas Constitution, Amendment 82, or this subchapter, may be invested and reinvested in accordance with the resolution or trust indenture authorizing or securing the bonds issued and shall be invested by the authority to the fullest extent practicable pending disbursement for the purposes intended in any of the following: (1) Direct obligations of the United States, including obligations issued or held in book entry form on the books of the United States Department of the Treasury or obligations the principal of and interest on which are unconditionally guaranteed by the United States; (2) Bonds, debentures, notes, or other evidences of indebtedness issued or guaranteed by any United States Government agency if the obligations are backed by the full faith and credit of the United States; (3) Nonfull faith and credit senior debt obligations issued or guaranteed by United States Government agencies; (4) Money market funds investing exclusively in the investments described in subdivisions (e)(1)-(3) of this section; (5) (A) Certificates of deposit providing for deposits secured at all times by collateral described in subdivisions (e)(1)-(3) of this section. (B) The certificates must be issued by commercial banks, deposits of which are insured by the Federal Deposit Insurance Corporation and collateral of which must be held by a third party. (C) The holder of the trust funds must have a perfected first security interest in the collateral; (6) Certificates of deposit, savings accounts, deposit accounts, or money market deposits, all of which are fully insured by the Federal Deposit Insurance Corporation; (7) Bonds or notes issued by this state, any municipality, county, or school district in this state, or by any agency or instrumentality thereof; (8) Investment agreements with financial institutions or insurance companies that are rated in one (1) of the two (2) highest rating categories of a nationally recognized rating agency; (9) Repurchase agreements providing for the transfer of securities from a dealer bank or securities firm to the holder of the trust funds and the transfer of cash from the holder of the trust funds to the dealer bank or securities firm, with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the holder of the trust funds in exchange for the securities at a specified date. Repurchase agreements must satisfy the following criteria: (A) Repurchase agreements must be between the holder of the trust funds and a dealer bank or securities firm described as follows: (i) Dealers with at least one hundred million dollars ($100,000,000) in capital; or (ii) Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and (B) The written repurchase agreement contract must include the following: (i) Securities that are acceptable for transfer are those listed in subdivisions (e)(1)-(3) of this section; (ii) The term of the repurchase agreement may not exceed thirty (30) calendar days; (iii) The collateral must be delivered to the holder of the trust funds, a trustee if a trustee is not supplying the collateral, or a third party acting as agent for the trustee if the trustee is supplying the collateral before or simultaneously with payment; and (iv) (a) The securities must be valued weekly, marked-to-market at current market price plus accrued interest. (b) (1) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the holder of the trust funds to the dealer bank or security firm under the repurchase agreement plus accrued interest. (2) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the holder of the trust funds, then additional cash or acceptable securities, or both, must be transferred and held by the holder of the trust funds; and (10) Any other investment authorized by state law. Acts 2005, No. 1981, § 1.

(a) The proceeds from the sale of the bonds, together with any revenues derived by the Arkansas Development Finance Authority from a qualified Amendment 82 project financed or refinanced under Arkansas Constitution, Amendment 82, and this subchapter, that are required to be so deposited under the resolution or trust indenture authorizing or securing the bonds shall be deposited by the recipient, as received, into trust funds in the name of the authority under the resolution or trust indenture authorizing or securing the bonds to accomplish the purposes of Arkansas Constitution, Amendment 82, and this subchapter in amounts or portions as set forth in the resolution or trust indenture authorizing or securing the bonds issued to finance or refinance the qualified Amendment 82 project.

(b) (1) The holder of the trust funds shall establish separate accounts and subaccounts within the applicable fund to correspond to the applicable series of bonds. (2) In addition and under the resolution or trust indenture authorizing or securing the bonds, there may be created other funds, accounts, or subaccounts as the authority may determine to be necessary or desirable to accomplish the purposes of Arkansas Constitution, Amendment 82, and this subchapter.

(1) The holder of the trust funds shall establish separate accounts and subaccounts within the applicable fund to correspond to the applicable series of bonds.

(2) In addition and under the resolution or trust indenture authorizing or securing the bonds, there may be created other funds, accounts, or subaccounts as the authority may determine to be necessary or desirable to accomplish the purposes of Arkansas Constitution, Amendment 82, and this subchapter.

(c) All procedures and methods for application of proceeds of any series of bonds to the financing or refinancing of project costs shall be: (1) Developed in consultation with the Arkansas Economic Development Commission and the Chief Fiscal Officer of the State; (2) Set forth in the resolution or trust indenture authorizing or securing the bonds; and (3) Maintained as part of the records of the authority.

(1) Developed in consultation with the Arkansas Economic Development Commission and the Chief Fiscal Officer of the State;

(2) Set forth in the resolution or trust indenture authorizing or securing the bonds; and

(3) Maintained as part of the records of the authority.

(d) The holder and administrator of funds composed, in whole or in part, of proceeds of bonds or disbursements from funds established under this subchapter shall be required by appropriate provision of the resolution or trust indenture authorizing or securing the bonds issued to audit funds no less frequently than annually and to assist the authority in preparing any report related to the bonds that may be required by this subchapter or other applicable federal or state law.

(e) The proceeds from the sale of the bonds, together with any revenues derived by the authority from any qualified Amendment 82 project financed or refinanced under Arkansas Constitution, Amendment 82, and this subchapter that are required to be so deposited under the resolution or trust indenture authorizing or securing the bonds and any money held in any funds created under or authorized by Arkansas Constitution, Amendment 82, or this subchapter, may be invested and reinvested in accordance with the resolution or trust indenture authorizing or securing the bonds issued and shall be invested by the authority to the fullest extent practicable pending disbursement for the purposes intended in any of the following: (1) Direct obligations of the United States, including obligations issued or held in book entry form on the books of the United States Department of the Treasury or obligations the principal of and interest on which are unconditionally guaranteed by the United States; (2) Bonds, debentures, notes, or other evidences of indebtedness issued or guaranteed by any United States Government agency if the obligations are backed by the full faith and credit of the United States; (3) Nonfull faith and credit senior debt obligations issued or guaranteed by United States Government agencies; (4) Money market funds investing exclusively in the investments described in subdivisions (e)(1)-(3) of this section; (5) (A) Certificates of deposit providing for deposits secured at all times by collateral described in subdivisions (e)(1)-(3) of this section. (B) The certificates must be issued by commercial banks, deposits of which are insured by the Federal Deposit Insurance Corporation and collateral of which must be held by a third party. (C) The holder of the trust funds must have a perfected first security interest in the collateral; (6) Certificates of deposit, savings accounts, deposit accounts, or money market deposits, all of which are fully insured by the Federal Deposit Insurance Corporation; (7) Bonds or notes issued by this state, any municipality, county, or school district in this state, or by any agency or instrumentality thereof; (8) Investment agreements with financial institutions or insurance companies that are rated in one (1) of the two (2) highest rating categories of a nationally recognized rating agency; (9) Repurchase agreements providing for the transfer of securities from a dealer bank or securities firm to the holder of the trust funds and the transfer of cash from the holder of the trust funds to the dealer bank or securities firm, with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the holder of the trust funds in exchange for the securities at a specified date. Repurchase agreements must satisfy the following criteria: (A) Repurchase agreements must be between the holder of the trust funds and a dealer bank or securities firm described as follows: (i) Dealers with at least one hundred million dollars ($100,000,000) in capital; or (ii) Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and (B) The written repurchase agreement contract must include the following: (i) Securities that are acceptable for transfer are those listed in subdivisions (e)(1)-(3) of this section; (ii) The term of the repurchase agreement may not exceed thirty (30) calendar days; (iii) The collateral must be delivered to the holder of the trust funds, a trustee if a trustee is not supplying the collateral, or a third party acting as agent for the trustee if the trustee is supplying the collateral before or simultaneously with payment; and (iv) (a) The securities must be valued weekly, marked-to-market at current market price plus accrued interest. (b) (1) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the holder of the trust funds to the dealer bank or security firm under the repurchase agreement plus accrued interest. (2) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the holder of the trust funds, then additional cash or acceptable securities, or both, must be transferred and held by the holder of the trust funds; and (10) Any other investment authorized by state law.

(1) Direct obligations of the United States, including obligations issued or held in book entry form on the books of the United States Department of the Treasury or obligations the principal of and interest on which are unconditionally guaranteed by the United States;

(2) Bonds, debentures, notes, or other evidences of indebtedness issued or guaranteed by any United States Government agency if the obligations are backed by the full faith and credit of the United States;

(3) Nonfull faith and credit senior debt obligations issued or guaranteed by United States Government agencies;

(4) Money market funds investing exclusively in the investments described in subdivisions (e)(1)-(3) of this section;

(5) (A) Certificates of deposit providing for deposits secured at all times by collateral described in subdivisions (e)(1)-(3) of this section. (B) The certificates must be issued by commercial banks, deposits of which are insured by the Federal Deposit Insurance Corporation and collateral of which must be held by a third party. (C) The holder of the trust funds must have a perfected first security interest in the collateral;

(A) Certificates of deposit providing for deposits secured at all times by collateral described in subdivisions (e)(1)-(3) of this section.

(B) The certificates must be issued by commercial banks, deposits of which are insured by the Federal Deposit Insurance Corporation and collateral of which must be held by a third party.

(C) The holder of the trust funds must have a perfected first security interest in the collateral;

(6) Certificates of deposit, savings accounts, deposit accounts, or money market deposits, all of which are fully insured by the Federal Deposit Insurance Corporation;

(7) Bonds or notes issued by this state, any municipality, county, or school district in this state, or by any agency or instrumentality thereof;

(8) Investment agreements with financial institutions or insurance companies that are rated in one (1) of the two (2) highest rating categories of a nationally recognized rating agency;

(9) Repurchase agreements providing for the transfer of securities from a dealer bank or securities firm to the holder of the trust funds and the transfer of cash from the holder of the trust funds to the dealer bank or securities firm, with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the holder of the trust funds in exchange for the securities at a specified date. Repurchase agreements must satisfy the following criteria: (A) Repurchase agreements must be between the holder of the trust funds and a dealer bank or securities firm described as follows: (i) Dealers with at least one hundred million dollars ($100,000,000) in capital; or (ii) Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and (B) The written repurchase agreement contract must include the following: (i) Securities that are acceptable for transfer are those listed in subdivisions (e)(1)-(3) of this section; (ii) The term of the repurchase agreement may not exceed thirty (30) calendar days; (iii) The collateral must be delivered to the holder of the trust funds, a trustee if a trustee is not supplying the collateral, or a third party acting as agent for the trustee if the trustee is supplying the collateral before or simultaneously with payment; and (iv) (a) The securities must be valued weekly, marked-to-market at current market price plus accrued interest. (b) (1) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the holder of the trust funds to the dealer bank or security firm under the repurchase agreement plus accrued interest. (2) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the holder of the trust funds, then additional cash or acceptable securities, or both, must be transferred and held by the holder of the trust funds; and

(A) Repurchase agreements must be between the holder of the trust funds and a dealer bank or securities firm described as follows: (i) Dealers with at least one hundred million dollars ($100,000,000) in capital; or (ii) Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and

(i) Dealers with at least one hundred million dollars ($100,000,000) in capital; or

(ii) Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and

(B) The written repurchase agreement contract must include the following: (i) Securities that are acceptable for transfer are those listed in subdivisions (e)(1)-(3) of this section; (ii) The term of the repurchase agreement may not exceed thirty (30) calendar days; (iii) The collateral must be delivered to the holder of the trust funds, a trustee if a trustee is not supplying the collateral, or a third party acting as agent for the trustee if the trustee is supplying the collateral before or simultaneously with payment; and (iv) (a) The securities must be valued weekly, marked-to-market at current market price plus accrued interest. (b) (1) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the holder of the trust funds to the dealer bank or security firm under the repurchase agreement plus accrued interest. (2) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the holder of the trust funds, then additional cash or acceptable securities, or both, must be transferred and held by the holder of the trust funds; and

(i) Securities that are acceptable for transfer are those listed in subdivisions (e)(1)-(3) of this section;

(ii) The term of the repurchase agreement may not exceed thirty (30) calendar days;

(iii) The collateral must be delivered to the holder of the trust funds, a trustee if a trustee is not supplying the collateral, or a third party acting as agent for the trustee if the trustee is supplying the collateral before or simultaneously with payment; and

(iv) (a) The securities must be valued weekly, marked-to-market at current market price plus accrued interest. (b) (1) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the holder of the trust funds to the dealer bank or security firm under the repurchase agreement plus accrued interest. (2) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the holder of the trust funds, then additional cash or acceptable securities, or both, must be transferred and held by the holder of the trust funds; and

(a) The securities must be valued weekly, marked-to-market at current market price plus accrued interest.

(b) (1) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the holder of the trust funds to the dealer bank or security firm under the repurchase agreement plus accrued interest. (2) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the holder of the trust funds, then additional cash or acceptable securities, or both, must be transferred and held by the holder of the trust funds; and

(1) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the holder of the trust funds to the dealer bank or security firm under the repurchase agreement plus accrued interest.

(2) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the holder of the trust funds, then additional cash or acceptable securities, or both, must be transferred and held by the holder of the trust funds; and

(10) Any other investment authorized by state law.

Acts 2005, No. 1981, § 1.
Ark. Code Ann. § 15-4-3707 — AR Code / Title 15 / Chapter 4 / Subchapter 37 / Section 15-4-3707
Unified state workforce development plan requirements
Status: in_force

(a) By March 3, 2016, the Governor shall submit to the United States Department of Labor and other approval authorities, as appropriate, a state plan outlining the state's four-year strategy for the core programs of the state under this subchapter. (b) The state plan shall be a unified plan addressing services available through all core programs and developed jointly by the Division of Workforce Services, the Adult Education Section, Arkansas Rehabilitation Services, and the Division of State Services for the Blind, in coordination with the Arkansas Workforce Development Board. (c) The state plan shall include: (1) A strategic vision and goals for preparing an educated and skilled workforce that include: (A) An analysis of the economic conditions in the state, including without limitation: (i) Existing and emerging in-demand industry sectors and occupations; and (ii) The employment needs of employers, including a description of the knowledge, skills, and abilities needed in those industries and occupations; (B) An analysis of the current workforce, employment and unemployment data, labor market trends, and the educational and skill levels of the workforce that take into account individuals with barriers to employment and individuals with disabilities in the state; (C) An analysis of the workforce development activities, including education and training, in the state, including an analysis of the strengths and weaknesses of such activities, and the capacity of state entities to provide such activities in order to address the identified education and skill needs of the workforce and the employment needs of employers in the state; (D) A description of the state's strategic vision and goals for preparing an educated and skilled workforce, including preparing youth and individuals with barriers to employment, and for meeting the skilled workforce needs of employers, including goals relating to performance accountability measures based on primary indicators of performance described in the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, in order to support economic growth and economic self-sufficiency, and of how the state will assess the overall effectiveness of the workforce investment system in the state; and (E) Taking into account analyses described in subdivisions (c)(1)(A)-(C) of this section, a strategy for aligning the core programs, as well as other resources available to the state, to achieve the strategic vision and goals described in subdivision (c)(1)(D) of this section; and (2) An operational plan that includes: (A) How the Arkansas Workforce Development Board will implement the functions assigned under § 15-4-3706 ; (B) How the lead state agency with responsibility for the administration of a core program will implement the strategy described in subdivision (c)(1)(E) of this section, including a description of: (i) The activities that will be funded by the entities carrying out the respective core programs to implement the strategy and how the activities will be aligned across the programs and among the entities administering the programs, including using co-enrollment and other strategies; (ii) How the activities described in subdivision (c)(2)(B)(i) of this section will be aligned with activities provided under employment, training, education, including career and technical education, and human services programs not covered by the operational plan, as appropriate, avoiding duplication and assuring coordination; (iii) How the entities carrying out the respective core programs will coordinate activities and provide comprehensive, high-quality services, including supportive services, to individuals; (iv) How the state's strategy will engage the state's community colleges and area career and technical education schools as partners in the workforce development system and enable the state to leverage other federal, state, and local investments that have enhanced access to workforce development programs at those institutions; (v) How the activities will be coordinated with economic development strategies; and (vi) How the state's strategy will improve access to activities leading to a recognized postsecondary credential, including a credential that is an industry recognized certificate or certification, portable, and stackable; (C) A description of the state operating systems and policies that will support the implementation of the strategy, including a description of: (i) The Arkansas Workforce Development Board, including the activities to assist members of the Arkansas Workforce Development Board and the staff of the Arkansas Workforce Development Board in carrying out the functions of the Arkansas Workforce Development Board effectively, but funds for the activities shall not be used for long-distance travel expenses for training or development activities available locally or regionally; (ii) How the respective core programs will be assessed each year, including an assessment of the quality, effectiveness, and improvement of programs, analyzed by local workforce development area or by provider, based on state performance accountability measures; (iii) How other one-stop partner programs will be assessed each year; (iv) The methods and factors the state will use in distributing funds under the core programs; (v) How the lead state agencies with responsibility for the administration of the core programs will align and integrate available workforce and education data on core programs, unemployment insurance programs, and education through postsecondary education; (vi) How the agencies will use the workforce development system to assess the progress of participants who are exiting from core programs in entering, persisting in, and completing postsecondary education, or entering or remaining in employment; (vii) The privacy safeguards incorporated in the system, including safeguards required by the General Education Provisions Act, 20 U.S.C. § 1221 et seq., and other applicable federal laws; (viii) How the state will implement the priority of service provisions for veterans in accordance with the requirements of 38 U.S.C. § 4215 ; and (ix) How the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with § 188 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3248 , if applicable, and applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., regarding the physical and programmatic accessibility of facilities, programs, services, technology, and materials, for individuals with disabilities, including complying through providing staff training and support for addressing the needs of individuals with disabilities; (D) State policies or guidance for the statewide workforce development system, including without limitation: (i) The local workforce development areas designated in the state, including the process used for designating local workforce development areas, and the process used for identifying any planning, including a description of how the Arkansas Workforce Development Board consulted with the local workforce development boards and chief elected officials in determining the planning regions; (ii) The appeals process relating to designation of local workforce development areas; (iii) The appeals process relating to determinations for infrastructure funding; and (iv) Information identifying the criteria to be used by local workforce development boards in awarding grants for youth workforce investment activities and describing how the local workforce development boards will take into consideration the ability of the providers to meet performance accountability measures based on primary indicators of performance for the youth program; (E) How the Adult Education Section will, if applicable, align content standards for adult education with state-adopted challenging academic content standards, as adopted under § 1111(b)(1) of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6311(b)(1) ; (F) How the state will fund local activities including: (i) Adult education and literacy activities; (ii) Programs for corrections education and other institutionalized individuals; (iii) Programs for integrated English literacy and civics education; and (iv) Integrated education and training; (G) How adult education and literacy activities will be aligned with other core programs and one-stop partners, including eligible providers; (H) How English literacy and civics education will be aligned with other core programs and one-stop partners to prepare and place adults who are English-language learners in unsubsidized employment in demand occupations that lead to economic self-sufficiency; and (I) How the quality of providers of adult education and literacy activities will be assessed and actions to improve the quality of the activities. (d) One (1) time every two (2) years, the Arkansas Workforce Development Board shall review the unified state plan and submit modifications to the unified state plan to reflect changes in labor market and economic conditions or in other factors affecting the implementation of the unified state plan. Amended by Act 2019, No. 910,§ 435, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 434, eff. 7/1/2019. Amended by Act 2017, No. 374,§ 14, eff. 8/1/2017. Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.

(a) By March 3, 2016, the Governor shall submit to the United States Department of Labor and other approval authorities, as appropriate, a state plan outlining the state's four-year strategy for the core programs of the state under this subchapter.

(b) The state plan shall be a unified plan addressing services available through all core programs and developed jointly by the Division of Workforce Services, the Adult Education Section, Arkansas Rehabilitation Services, and the Division of State Services for the Blind, in coordination with the Arkansas Workforce Development Board.

(c) The state plan shall include: (1) A strategic vision and goals for preparing an educated and skilled workforce that include: (A) An analysis of the economic conditions in the state, including without limitation: (i) Existing and emerging in-demand industry sectors and occupations; and (ii) The employment needs of employers, including a description of the knowledge, skills, and abilities needed in those industries and occupations; (B) An analysis of the current workforce, employment and unemployment data, labor market trends, and the educational and skill levels of the workforce that take into account individuals with barriers to employment and individuals with disabilities in the state; (C) An analysis of the workforce development activities, including education and training, in the state, including an analysis of the strengths and weaknesses of such activities, and the capacity of state entities to provide such activities in order to address the identified education and skill needs of the workforce and the employment needs of employers in the state; (D) A description of the state's strategic vision and goals for preparing an educated and skilled workforce, including preparing youth and individuals with barriers to employment, and for meeting the skilled workforce needs of employers, including goals relating to performance accountability measures based on primary indicators of performance described in the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, in order to support economic growth and economic self-sufficiency, and of how the state will assess the overall effectiveness of the workforce investment system in the state; and (E) Taking into account analyses described in subdivisions (c)(1)(A)-(C) of this section, a strategy for aligning the core programs, as well as other resources available to the state, to achieve the strategic vision and goals described in subdivision (c)(1)(D) of this section; and (2) An operational plan that includes: (A) How the Arkansas Workforce Development Board will implement the functions assigned under § 15-4-3706 ; (B) How the lead state agency with responsibility for the administration of a core program will implement the strategy described in subdivision (c)(1)(E) of this section, including a description of: (i) The activities that will be funded by the entities carrying out the respective core programs to implement the strategy and how the activities will be aligned across the programs and among the entities administering the programs, including using co-enrollment and other strategies; (ii) How the activities described in subdivision (c)(2)(B)(i) of this section will be aligned with activities provided under employment, training, education, including career and technical education, and human services programs not covered by the operational plan, as appropriate, avoiding duplication and assuring coordination; (iii) How the entities carrying out the respective core programs will coordinate activities and provide comprehensive, high-quality services, including supportive services, to individuals; (iv) How the state's strategy will engage the state's community colleges and area career and technical education schools as partners in the workforce development system and enable the state to leverage other federal, state, and local investments that have enhanced access to workforce development programs at those institutions; (v) How the activities will be coordinated with economic development strategies; and (vi) How the state's strategy will improve access to activities leading to a recognized postsecondary credential, including a credential that is an industry recognized certificate or certification, portable, and stackable; (C) A description of the state operating systems and policies that will support the implementation of the strategy, including a description of: (i) The Arkansas Workforce Development Board, including the activities to assist members of the Arkansas Workforce Development Board and the staff of the Arkansas Workforce Development Board in carrying out the functions of the Arkansas Workforce Development Board effectively, but funds for the activities shall not be used for long-distance travel expenses for training or development activities available locally or regionally; (ii) How the respective core programs will be assessed each year, including an assessment of the quality, effectiveness, and improvement of programs, analyzed by local workforce development area or by provider, based on state performance accountability measures; (iii) How other one-stop partner programs will be assessed each year; (iv) The methods and factors the state will use in distributing funds under the core programs; (v) How the lead state agencies with responsibility for the administration of the core programs will align and integrate available workforce and education data on core programs, unemployment insurance programs, and education through postsecondary education; (vi) How the agencies will use the workforce development system to assess the progress of participants who are exiting from core programs in entering, persisting in, and completing postsecondary education, or entering or remaining in employment; (vii) The privacy safeguards incorporated in the system, including safeguards required by the General Education Provisions Act, 20 U.S.C. § 1221 et seq., and other applicable federal laws; (viii) How the state will implement the priority of service provisions for veterans in accordance with the requirements of 38 U.S.C. § 4215 ; and (ix) How the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with § 188 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3248 , if applicable, and applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., regarding the physical and programmatic accessibility of facilities, programs, services, technology, and materials, for individuals with disabilities, including complying through providing staff training and support for addressing the needs of individuals with disabilities; (D) State policies or guidance for the statewide workforce development system, including without limitation: (i) The local workforce development areas designated in the state, including the process used for designating local workforce development areas, and the process used for identifying any planning, including a description of how the Arkansas Workforce Development Board consulted with the local workforce development boards and chief elected officials in determining the planning regions; (ii) The appeals process relating to designation of local workforce development areas; (iii) The appeals process relating to determinations for infrastructure funding; and (iv) Information identifying the criteria to be used by local workforce development boards in awarding grants for youth workforce investment activities and describing how the local workforce development boards will take into consideration the ability of the providers to meet performance accountability measures based on primary indicators of performance for the youth program; (E) How the Adult Education Section will, if applicable, align content standards for adult education with state-adopted challenging academic content standards, as adopted under § 1111(b)(1) of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6311(b)(1) ; (F) How the state will fund local activities including: (i) Adult education and literacy activities; (ii) Programs for corrections education and other institutionalized individuals; (iii) Programs for integrated English literacy and civics education; and (iv) Integrated education and training; (G) How adult education and literacy activities will be aligned with other core programs and one-stop partners, including eligible providers; (H) How English literacy and civics education will be aligned with other core programs and one-stop partners to prepare and place adults who are English-language learners in unsubsidized employment in demand occupations that lead to economic self-sufficiency; and (I) How the quality of providers of adult education and literacy activities will be assessed and actions to improve the quality of the activities.

(1) A strategic vision and goals for preparing an educated and skilled workforce that include: (A) An analysis of the economic conditions in the state, including without limitation: (i) Existing and emerging in-demand industry sectors and occupations; and (ii) The employment needs of employers, including a description of the knowledge, skills, and abilities needed in those industries and occupations; (B) An analysis of the current workforce, employment and unemployment data, labor market trends, and the educational and skill levels of the workforce that take into account individuals with barriers to employment and individuals with disabilities in the state; (C) An analysis of the workforce development activities, including education and training, in the state, including an analysis of the strengths and weaknesses of such activities, and the capacity of state entities to provide such activities in order to address the identified education and skill needs of the workforce and the employment needs of employers in the state; (D) A description of the state's strategic vision and goals for preparing an educated and skilled workforce, including preparing youth and individuals with barriers to employment, and for meeting the skilled workforce needs of employers, including goals relating to performance accountability measures based on primary indicators of performance described in the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, in order to support economic growth and economic self-sufficiency, and of how the state will assess the overall effectiveness of the workforce investment system in the state; and (E) Taking into account analyses described in subdivisions (c)(1)(A)-(C) of this section, a strategy for aligning the core programs, as well as other resources available to the state, to achieve the strategic vision and goals described in subdivision (c)(1)(D) of this section; and

(A) An analysis of the economic conditions in the state, including without limitation: (i) Existing and emerging in-demand industry sectors and occupations; and (ii) The employment needs of employers, including a description of the knowledge, skills, and abilities needed in those industries and occupations;

(i) Existing and emerging in-demand industry sectors and occupations; and

(ii) The employment needs of employers, including a description of the knowledge, skills, and abilities needed in those industries and occupations;

(B) An analysis of the current workforce, employment and unemployment data, labor market trends, and the educational and skill levels of the workforce that take into account individuals with barriers to employment and individuals with disabilities in the state;

(C) An analysis of the workforce development activities, including education and training, in the state, including an analysis of the strengths and weaknesses of such activities, and the capacity of state entities to provide such activities in order to address the identified education and skill needs of the workforce and the employment needs of employers in the state;

(D) A description of the state's strategic vision and goals for preparing an educated and skilled workforce, including preparing youth and individuals with barriers to employment, and for meeting the skilled workforce needs of employers, including goals relating to performance accountability measures based on primary indicators of performance described in the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, in order to support economic growth and economic self-sufficiency, and of how the state will assess the overall effectiveness of the workforce investment system in the state; and

(E) Taking into account analyses described in subdivisions (c)(1)(A)-(C) of this section, a strategy for aligning the core programs, as well as other resources available to the state, to achieve the strategic vision and goals described in subdivision (c)(1)(D) of this section; and

(2) An operational plan that includes: (A) How the Arkansas Workforce Development Board will implement the functions assigned under § 15-4-3706 ; (B) How the lead state agency with responsibility for the administration of a core program will implement the strategy described in subdivision (c)(1)(E) of this section, including a description of: (i) The activities that will be funded by the entities carrying out the respective core programs to implement the strategy and how the activities will be aligned across the programs and among the entities administering the programs, including using co-enrollment and other strategies; (ii) How the activities described in subdivision (c)(2)(B)(i) of this section will be aligned with activities provided under employment, training, education, including career and technical education, and human services programs not covered by the operational plan, as appropriate, avoiding duplication and assuring coordination; (iii) How the entities carrying out the respective core programs will coordinate activities and provide comprehensive, high-quality services, including supportive services, to individuals; (iv) How the state's strategy will engage the state's community colleges and area career and technical education schools as partners in the workforce development system and enable the state to leverage other federal, state, and local investments that have enhanced access to workforce development programs at those institutions; (v) How the activities will be coordinated with economic development strategies; and (vi) How the state's strategy will improve access to activities leading to a recognized postsecondary credential, including a credential that is an industry recognized certificate or certification, portable, and stackable; (C) A description of the state operating systems and policies that will support the implementation of the strategy, including a description of: (i) The Arkansas Workforce Development Board, including the activities to assist members of the Arkansas Workforce Development Board and the staff of the Arkansas Workforce Development Board in carrying out the functions of the Arkansas Workforce Development Board effectively, but funds for the activities shall not be used for long-distance travel expenses for training or development activities available locally or regionally; (ii) How the respective core programs will be assessed each year, including an assessment of the quality, effectiveness, and improvement of programs, analyzed by local workforce development area or by provider, based on state performance accountability measures; (iii) How other one-stop partner programs will be assessed each year; (iv) The methods and factors the state will use in distributing funds under the core programs; (v) How the lead state agencies with responsibility for the administration of the core programs will align and integrate available workforce and education data on core programs, unemployment insurance programs, and education through postsecondary education; (vi) How the agencies will use the workforce development system to assess the progress of participants who are exiting from core programs in entering, persisting in, and completing postsecondary education, or entering or remaining in employment; (vii) The privacy safeguards incorporated in the system, including safeguards required by the General Education Provisions Act, 20 U.S.C. § 1221 et seq., and other applicable federal laws; (viii) How the state will implement the priority of service provisions for veterans in accordance with the requirements of 38 U.S.C. § 4215 ; and (ix) How the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with § 188 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3248 , if applicable, and applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., regarding the physical and programmatic accessibility of facilities, programs, services, technology, and materials, for individuals with disabilities, including complying through providing staff training and support for addressing the needs of individuals with disabilities; (D) State policies or guidance for the statewide workforce development system, including without limitation: (i) The local workforce development areas designated in the state, including the process used for designating local workforce development areas, and the process used for identifying any planning, including a description of how the Arkansas Workforce Development Board consulted with the local workforce development boards and chief elected officials in determining the planning regions; (ii) The appeals process relating to designation of local workforce development areas; (iii) The appeals process relating to determinations for infrastructure funding; and (iv) Information identifying the criteria to be used by local workforce development boards in awarding grants for youth workforce investment activities and describing how the local workforce development boards will take into consideration the ability of the providers to meet performance accountability measures based on primary indicators of performance for the youth program; (E) How the Adult Education Section will, if applicable, align content standards for adult education with state-adopted challenging academic content standards, as adopted under § 1111(b)(1) of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6311(b)(1) ; (F) How the state will fund local activities including: (i) Adult education and literacy activities; (ii) Programs for corrections education and other institutionalized individuals; (iii) Programs for integrated English literacy and civics education; and (iv) Integrated education and training; (G) How adult education and literacy activities will be aligned with other core programs and one-stop partners, including eligible providers; (H) How English literacy and civics education will be aligned with other core programs and one-stop partners to prepare and place adults who are English-language learners in unsubsidized employment in demand occupations that lead to economic self-sufficiency; and (I) How the quality of providers of adult education and literacy activities will be assessed and actions to improve the quality of the activities.

(A) How the Arkansas Workforce Development Board will implement the functions assigned under § 15-4-3706 ;

(B) How the lead state agency with responsibility for the administration of a core program will implement the strategy described in subdivision (c)(1)(E) of this section, including a description of: (i) The activities that will be funded by the entities carrying out the respective core programs to implement the strategy and how the activities will be aligned across the programs and among the entities administering the programs, including using co-enrollment and other strategies; (ii) How the activities described in subdivision (c)(2)(B)(i) of this section will be aligned with activities provided under employment, training, education, including career and technical education, and human services programs not covered by the operational plan, as appropriate, avoiding duplication and assuring coordination; (iii) How the entities carrying out the respective core programs will coordinate activities and provide comprehensive, high-quality services, including supportive services, to individuals; (iv) How the state's strategy will engage the state's community colleges and area career and technical education schools as partners in the workforce development system and enable the state to leverage other federal, state, and local investments that have enhanced access to workforce development programs at those institutions; (v) How the activities will be coordinated with economic development strategies; and (vi) How the state's strategy will improve access to activities leading to a recognized postsecondary credential, including a credential that is an industry recognized certificate or certification, portable, and stackable;

(i) The activities that will be funded by the entities carrying out the respective core programs to implement the strategy and how the activities will be aligned across the programs and among the entities administering the programs, including using co-enrollment and other strategies;

(ii) How the activities described in subdivision (c)(2)(B)(i) of this section will be aligned with activities provided under employment, training, education, including career and technical education, and human services programs not covered by the operational plan, as appropriate, avoiding duplication and assuring coordination;

(iii) How the entities carrying out the respective core programs will coordinate activities and provide comprehensive, high-quality services, including supportive services, to individuals;

(iv) How the state's strategy will engage the state's community colleges and area career and technical education schools as partners in the workforce development system and enable the state to leverage other federal, state, and local investments that have enhanced access to workforce development programs at those institutions;

(v) How the activities will be coordinated with economic development strategies; and

(vi) How the state's strategy will improve access to activities leading to a recognized postsecondary credential, including a credential that is an industry recognized certificate or certification, portable, and stackable;

(C) A description of the state operating systems and policies that will support the implementation of the strategy, including a description of: (i) The Arkansas Workforce Development Board, including the activities to assist members of the Arkansas Workforce Development Board and the staff of the Arkansas Workforce Development Board in carrying out the functions of the Arkansas Workforce Development Board effectively, but funds for the activities shall not be used for long-distance travel expenses for training or development activities available locally or regionally; (ii) How the respective core programs will be assessed each year, including an assessment of the quality, effectiveness, and improvement of programs, analyzed by local workforce development area or by provider, based on state performance accountability measures; (iii) How other one-stop partner programs will be assessed each year; (iv) The methods and factors the state will use in distributing funds under the core programs; (v) How the lead state agencies with responsibility for the administration of the core programs will align and integrate available workforce and education data on core programs, unemployment insurance programs, and education through postsecondary education; (vi) How the agencies will use the workforce development system to assess the progress of participants who are exiting from core programs in entering, persisting in, and completing postsecondary education, or entering or remaining in employment; (vii) The privacy safeguards incorporated in the system, including safeguards required by the General Education Provisions Act, 20 U.S.C. § 1221 et seq., and other applicable federal laws; (viii) How the state will implement the priority of service provisions for veterans in accordance with the requirements of 38 U.S.C. § 4215 ; and (ix) How the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with § 188 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3248 , if applicable, and applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., regarding the physical and programmatic accessibility of facilities, programs, services, technology, and materials, for individuals with disabilities, including complying through providing staff training and support for addressing the needs of individuals with disabilities;

(i) The Arkansas Workforce Development Board, including the activities to assist members of the Arkansas Workforce Development Board and the staff of the Arkansas Workforce Development Board in carrying out the functions of the Arkansas Workforce Development Board effectively, but funds for the activities shall not be used for long-distance travel expenses for training or development activities available locally or regionally;

(ii) How the respective core programs will be assessed each year, including an assessment of the quality, effectiveness, and improvement of programs, analyzed by local workforce development area or by provider, based on state performance accountability measures;

(iii) How other one-stop partner programs will be assessed each year;

(iv) The methods and factors the state will use in distributing funds under the core programs;

(v) How the lead state agencies with responsibility for the administration of the core programs will align and integrate available workforce and education data on core programs, unemployment insurance programs, and education through postsecondary education;

(vi) How the agencies will use the workforce development system to assess the progress of participants who are exiting from core programs in entering, persisting in, and completing postsecondary education, or entering or remaining in employment;

(vii) The privacy safeguards incorporated in the system, including safeguards required by the General Education Provisions Act, 20 U.S.C. § 1221 et seq., and other applicable federal laws;

(viii) How the state will implement the priority of service provisions for veterans in accordance with the requirements of 38 U.S.C. § 4215 ; and

(ix) How the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with § 188 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3248 , if applicable, and applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., regarding the physical and programmatic accessibility of facilities, programs, services, technology, and materials, for individuals with disabilities, including complying through providing staff training and support for addressing the needs of individuals with disabilities;

(D) State policies or guidance for the statewide workforce development system, including without limitation: (i) The local workforce development areas designated in the state, including the process used for designating local workforce development areas, and the process used for identifying any planning, including a description of how the Arkansas Workforce Development Board consulted with the local workforce development boards and chief elected officials in determining the planning regions; (ii) The appeals process relating to designation of local workforce development areas; (iii) The appeals process relating to determinations for infrastructure funding; and (iv) Information identifying the criteria to be used by local workforce development boards in awarding grants for youth workforce investment activities and describing how the local workforce development boards will take into consideration the ability of the providers to meet performance accountability measures based on primary indicators of performance for the youth program;

(i) The local workforce development areas designated in the state, including the process used for designating local workforce development areas, and the process used for identifying any planning, including a description of how the Arkansas Workforce Development Board consulted with the local workforce development boards and chief elected officials in determining the planning regions;

(ii) The appeals process relating to designation of local workforce development areas;

(iii) The appeals process relating to determinations for infrastructure funding; and

(iv) Information identifying the criteria to be used by local workforce development boards in awarding grants for youth workforce investment activities and describing how the local workforce development boards will take into consideration the ability of the providers to meet performance accountability measures based on primary indicators of performance for the youth program;

(E) How the Adult Education Section will, if applicable, align content standards for adult education with state-adopted challenging academic content standards, as adopted under § 1111(b)(1) of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6311(b)(1) ;

(F) How the state will fund local activities including: (i) Adult education and literacy activities; (ii) Programs for corrections education and other institutionalized individuals; (iii) Programs for integrated English literacy and civics education; and (iv) Integrated education and training;

(i) Adult education and literacy activities;

(ii) Programs for corrections education and other institutionalized individuals;

(iii) Programs for integrated English literacy and civics education; and

(iv) Integrated education and training;

(G) How adult education and literacy activities will be aligned with other core programs and one-stop partners, including eligible providers;

(H) How English literacy and civics education will be aligned with other core programs and one-stop partners to prepare and place adults who are English-language learners in unsubsidized employment in demand occupations that lead to economic self-sufficiency; and

(I) How the quality of providers of adult education and literacy activities will be assessed and actions to improve the quality of the activities.

(d) One (1) time every two (2) years, the Arkansas Workforce Development Board shall review the unified state plan and submit modifications to the unified state plan to reflect changes in labor market and economic conditions or in other factors affecting the implementation of the unified state plan.

Amended by Act 2019, No. 910,§ 435, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 434, eff. 7/1/2019.

Amended by Act 2017, No. 374,§ 14, eff. 8/1/2017.

Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Ark. Code Ann. § 15-75-314 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-314
Class eight permit
Status: in_force

(a) Class eight permits may be issued to, but not limited to, refineries, jobbers, or sellers of liquefied petroleum gas. (b) Holders of class eight permits: (1) May sell to permit holders exclusively; and (2) Must pay an annual permit fee in the sum of two hundred dollars ($200). Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 10.

(a) Class eight permits may be issued to, but not limited to, refineries, jobbers, or sellers of liquefied petroleum gas.

(b) Holders of class eight permits: (1) May sell to permit holders exclusively; and (2) Must pay an annual permit fee in the sum of two hundred dollars ($200).

(1) May sell to permit holders exclusively; and

(2) Must pay an annual permit fee in the sum of two hundred dollars ($200).

Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 10.
Ark. Code Ann. § 15-75-305 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-305
Applicants for permits
Status: in_force

(a) (1) (A) (i) Any person desiring to engage in the liquefied petroleum gas business in this state must file a formal application and supporting papers, together with a filing fee of fifty dollars ($50.00), with the Director of the Liquefied Petroleum Gas Board at least thirty (30) days prior to the approval of the application by the director. (ii) Should the applicant be a corporation or partnership, copies of the articles of incorporation or partnership agreement, if any, shall accompany the application together with a certificate from the Revenue Division of the Department of Finance and Administration evidencing that all taxes due have been paid or otherwise negating state tax liability. (iii) Application forms will be furnished by the director at any time upon request. (B) (i) In determining whether to grant permits or certificates, the director shall be given a reasonable time in which to investigate the applicant. (ii) If the permit or certificate is denied, the applicant shall be notified by registered mail. (iii) The Liquefied Petroleum Gas Board shall review the director's decision on the approval of class one permit applications at its next regularly scheduled meeting. (2) (A) (i) The director shall have the power and duty to receive, review, and approve applications for all classes of permits after applications and supporting papers have been filed with the director for at least thirty (30) days. The director may refuse to approve applications for permits for safety reasons. (ii) The director may issue class one permits once all conditions and prerequisites have been met as set out in § 15-75-307 and the application has been approved by the board. (iii) The director may issue class two through class ten permits after application and supporting papers have been on file for at least thirty (30) days and all conditions and prerequisites for those permits have been met as set out in §§ 15-75-308 - 15-75-317 . (B) The board, at its regularly scheduled meetings, shall review the director's decisions on the approval of applications for class one permits. The board may refuse to issue permits for safety reasons. (3) Any applicant aggrieved by a denial by the director or any person or group of persons who are aggrieved by safety concerns because of the issuance of the permits by the director after the board's approval may appeal the decision within thirty (30) days thereof to the board by filing a notice of appeal with the board. The notice of appeal of the board's or director's decision shall be on a written form provided by the board. The notice of appeal shall suspend the action of the director in denying an application or in issuing or denying a permit until the next regular meeting of the board or until a special hearing by the board can be held. (4) A meeting or hearing shall be held within at least thirty (30) days after the date of the filing of the notice of appeal unless the person appealing shall consent to a later hearing. (5) Within five (5) days after the hearing is concluded, the board shall render its written decision on the appeal. (6) The board is authorized on its own motion to review any action of the director in denying an application or in issuing or refusing to issue a permit and, upon review, to set aside any action of the director in any of these respects insofar as it pertains to safety issues. (b) Applicants for class one permits, as defined in § 15-75-307 , shall be present at the board meeting at which the review of the director's action on the application is to be considered. (c) Before any application may be considered by the director and reviewed by the board, the applicant must have on file in the office of the director a certificate of intended insurance evidencing the kinds and amounts as required by this subchapter for the class of permit requested. After approval of the application and before the permit may be issued, a certificate of required insurance must be furnished bearing the clause, "The insurance company will notify the Director, Liquefied Petroleum Gas Board, thirty (30) days prior to cancellation of the insurance referred to herein." Binders by insurance agents are not acceptable for the purposes of this subchapter. (d) All applicants must agree to provide adequate equipment and products which are satisfactory to the board. (e) All persons in charge of operations and servicemen, installation men, and truck drivers must have a certificate of competency from the board. Each certificate of competency shall be renewed annually. (f) (1) Applicants must have satisfactory experience in the liquefied petroleum gas business or have employed a recognized operator of the business with experience and competency. In order that the director or the board may be assured as to competency insofar as safety is concerned, applicants for permits to engage in the liquefied petroleum gas business generally shall qualify for new certificates of competency. One (1) or more employees who are to be engaged in the delivery and transportation of liquefied petroleum gas, and one (1) or more separate employees who are to be engaged in the installation of liquefied petroleum gas containers and systems, as well as a general safety supervisor, shall have a general knowledge of the characteristics of liquefied petroleum gases, as well as of their proper handling and utilization, along with a thorough knowledge and understanding of the National Fire Protection Association Pamphlet No. 58 and the State Liquefied Petroleum Gas Code covering the storage and handling of liquefied petroleum gases, as established by a current written or oral examination prepared and conducted by the director with the approval of the board. (2) Applicants must agree to furnish whatever information the director or the board may require as to their ability to engage in the liquefied petroleum gas business and must also furnish whatever references the director or the board may require. (g) (1) In order that the public or the user of liquefied petroleum gases may be assured of competent and efficient service to any container, system, or appurtenance, each dealer who has been issued a current permit or any applicant therefor in addition to competent gas delivery and transportation personnel, shall provide separate competent personnel for the installation and servicing of containers, systems, and appurtenances. (2) In determining whether or not to grant a permit, the director and the board shall determine whether or not an applicant can provide safe and efficient service to the public or the users in the area in which liquefied petroleum gas operations are to be conducted. (h) In addition to the foregoing requirements, applicants must also meet the additional requirements listed under the specific class of permit desired. (i) All foreign corporations doing business in this state in any phase of the liquefied petroleum gas business must furnish evidence of their qualifications to do business in the state as a foreign corporation. (j) In addition to the foregoing, the board shall have the power to make reasonable application requirements by rule and shall adopt rules as it shall deem necessary to govern the procedures in any hearing to review the issuance or denial of permits. (k) (1) Applicants for a class one permit must attend a forty-hour basic course in liquefied petroleum gas, as prescribed by the board, prior to the board meeting at which the review of the final action on their application may be heard. (2) All owners, managers or officials, and employees connected to or listed on the class one application must attend the basic training course prior to the board meeting at which the review of their application may be heard. Amended by Act 2019, No. 315,§ 1270, eff. 7/24/2019. Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 2; 1995, No. 477, § 3; 1999, No. 1577, § 6; 2001, No. 440, §§ 3-6; 2007, No. 733, § 5.

(a) (1) (A) (i) Any person desiring to engage in the liquefied petroleum gas business in this state must file a formal application and supporting papers, together with a filing fee of fifty dollars ($50.00), with the Director of the Liquefied Petroleum Gas Board at least thirty (30) days prior to the approval of the application by the director. (ii) Should the applicant be a corporation or partnership, copies of the articles of incorporation or partnership agreement, if any, shall accompany the application together with a certificate from the Revenue Division of the Department of Finance and Administration evidencing that all taxes due have been paid or otherwise negating state tax liability. (iii) Application forms will be furnished by the director at any time upon request. (B) (i) In determining whether to grant permits or certificates, the director shall be given a reasonable time in which to investigate the applicant. (ii) If the permit or certificate is denied, the applicant shall be notified by registered mail. (iii) The Liquefied Petroleum Gas Board shall review the director's decision on the approval of class one permit applications at its next regularly scheduled meeting. (2) (A) (i) The director shall have the power and duty to receive, review, and approve applications for all classes of permits after applications and supporting papers have been filed with the director for at least thirty (30) days. The director may refuse to approve applications for permits for safety reasons. (ii) The director may issue class one permits once all conditions and prerequisites have been met as set out in § 15-75-307 and the application has been approved by the board. (iii) The director may issue class two through class ten permits after application and supporting papers have been on file for at least thirty (30) days and all conditions and prerequisites for those permits have been met as set out in §§ 15-75-308 - 15-75-317 . (B) The board, at its regularly scheduled meetings, shall review the director's decisions on the approval of applications for class one permits. The board may refuse to issue permits for safety reasons. (3) Any applicant aggrieved by a denial by the director or any person or group of persons who are aggrieved by safety concerns because of the issuance of the permits by the director after the board's approval may appeal the decision within thirty (30) days thereof to the board by filing a notice of appeal with the board. The notice of appeal of the board's or director's decision shall be on a written form provided by the board. The notice of appeal shall suspend the action of the director in denying an application or in issuing or denying a permit until the next regular meeting of the board or until a special hearing by the board can be held. (4) A meeting or hearing shall be held within at least thirty (30) days after the date of the filing of the notice of appeal unless the person appealing shall consent to a later hearing. (5) Within five (5) days after the hearing is concluded, the board shall render its written decision on the appeal. (6) The board is authorized on its own motion to review any action of the director in denying an application or in issuing or refusing to issue a permit and, upon review, to set aside any action of the director in any of these respects insofar as it pertains to safety issues.

(1) (A) (i) Any person desiring to engage in the liquefied petroleum gas business in this state must file a formal application and supporting papers, together with a filing fee of fifty dollars ($50.00), with the Director of the Liquefied Petroleum Gas Board at least thirty (30) days prior to the approval of the application by the director. (ii) Should the applicant be a corporation or partnership, copies of the articles of incorporation or partnership agreement, if any, shall accompany the application together with a certificate from the Revenue Division of the Department of Finance and Administration evidencing that all taxes due have been paid or otherwise negating state tax liability. (iii) Application forms will be furnished by the director at any time upon request. (B) (i) In determining whether to grant permits or certificates, the director shall be given a reasonable time in which to investigate the applicant. (ii) If the permit or certificate is denied, the applicant shall be notified by registered mail. (iii) The Liquefied Petroleum Gas Board shall review the director's decision on the approval of class one permit applications at its next regularly scheduled meeting.

(A) (i) Any person desiring to engage in the liquefied petroleum gas business in this state must file a formal application and supporting papers, together with a filing fee of fifty dollars ($50.00), with the Director of the Liquefied Petroleum Gas Board at least thirty (30) days prior to the approval of the application by the director. (ii) Should the applicant be a corporation or partnership, copies of the articles of incorporation or partnership agreement, if any, shall accompany the application together with a certificate from the Revenue Division of the Department of Finance and Administration evidencing that all taxes due have been paid or otherwise negating state tax liability. (iii) Application forms will be furnished by the director at any time upon request.

(i) Any person desiring to engage in the liquefied petroleum gas business in this state must file a formal application and supporting papers, together with a filing fee of fifty dollars ($50.00), with the Director of the Liquefied Petroleum Gas Board at least thirty (30) days prior to the approval of the application by the director.

(ii) Should the applicant be a corporation or partnership, copies of the articles of incorporation or partnership agreement, if any, shall accompany the application together with a certificate from the Revenue Division of the Department of Finance and Administration evidencing that all taxes due have been paid or otherwise negating state tax liability.

(iii) Application forms will be furnished by the director at any time upon request.

(B) (i) In determining whether to grant permits or certificates, the director shall be given a reasonable time in which to investigate the applicant. (ii) If the permit or certificate is denied, the applicant shall be notified by registered mail. (iii) The Liquefied Petroleum Gas Board shall review the director's decision on the approval of class one permit applications at its next regularly scheduled meeting.

(i) In determining whether to grant permits or certificates, the director shall be given a reasonable time in which to investigate the applicant.

(ii) If the permit or certificate is denied, the applicant shall be notified by registered mail.

(iii) The Liquefied Petroleum Gas Board shall review the director's decision on the approval of class one permit applications at its next regularly scheduled meeting.

(2) (A) (i) The director shall have the power and duty to receive, review, and approve applications for all classes of permits after applications and supporting papers have been filed with the director for at least thirty (30) days. The director may refuse to approve applications for permits for safety reasons. (ii) The director may issue class one permits once all conditions and prerequisites have been met as set out in § 15-75-307 and the application has been approved by the board. (iii) The director may issue class two through class ten permits after application and supporting papers have been on file for at least thirty (30) days and all conditions and prerequisites for those permits have been met as set out in §§ 15-75-308 - 15-75-317 . (B) The board, at its regularly scheduled meetings, shall review the director's decisions on the approval of applications for class one permits. The board may refuse to issue permits for safety reasons.

(A) (i) The director shall have the power and duty to receive, review, and approve applications for all classes of permits after applications and supporting papers have been filed with the director for at least thirty (30) days. The director may refuse to approve applications for permits for safety reasons. (ii) The director may issue class one permits once all conditions and prerequisites have been met as set out in § 15-75-307 and the application has been approved by the board. (iii) The director may issue class two through class ten permits after application and supporting papers have been on file for at least thirty (30) days and all conditions and prerequisites for those permits have been met as set out in §§ 15-75-308 - 15-75-317 .

(i) The director shall have the power and duty to receive, review, and approve applications for all classes of permits after applications and supporting papers have been filed with the director for at least thirty (30) days. The director may refuse to approve applications for permits for safety reasons.

(ii) The director may issue class one permits once all conditions and prerequisites have been met as set out in § 15-75-307 and the application has been approved by the board.

(iii) The director may issue class two through class ten permits after application and supporting papers have been on file for at least thirty (30) days and all conditions and prerequisites for those permits have been met as set out in §§ 15-75-308 - 15-75-317 .

(B) The board, at its regularly scheduled meetings, shall review the director's decisions on the approval of applications for class one permits. The board may refuse to issue permits for safety reasons.

(3) Any applicant aggrieved by a denial by the director or any person or group of persons who are aggrieved by safety concerns because of the issuance of the permits by the director after the board's approval may appeal the decision within thirty (30) days thereof to the board by filing a notice of appeal with the board. The notice of appeal of the board's or director's decision shall be on a written form provided by the board. The notice of appeal shall suspend the action of the director in denying an application or in issuing or denying a permit until the next regular meeting of the board or until a special hearing by the board can be held.

(4) A meeting or hearing shall be held within at least thirty (30) days after the date of the filing of the notice of appeal unless the person appealing shall consent to a later hearing.

(5) Within five (5) days after the hearing is concluded, the board shall render its written decision on the appeal.

(6) The board is authorized on its own motion to review any action of the director in denying an application or in issuing or refusing to issue a permit and, upon review, to set aside any action of the director in any of these respects insofar as it pertains to safety issues.

(b) Applicants for class one permits, as defined in § 15-75-307 , shall be present at the board meeting at which the review of the director's action on the application is to be considered.

(c) Before any application may be considered by the director and reviewed by the board, the applicant must have on file in the office of the director a certificate of intended insurance evidencing the kinds and amounts as required by this subchapter for the class of permit requested. After approval of the application and before the permit may be issued, a certificate of required insurance must be furnished bearing the clause, "The insurance company will notify the Director, Liquefied Petroleum Gas Board, thirty (30) days prior to cancellation of the insurance referred to herein." Binders by insurance agents are not acceptable for the purposes of this subchapter.

(d) All applicants must agree to provide adequate equipment and products which are satisfactory to the board.

(e) All persons in charge of operations and servicemen, installation men, and truck drivers must have a certificate of competency from the board. Each certificate of competency shall be renewed annually.

(f) (1) Applicants must have satisfactory experience in the liquefied petroleum gas business or have employed a recognized operator of the business with experience and competency. In order that the director or the board may be assured as to competency insofar as safety is concerned, applicants for permits to engage in the liquefied petroleum gas business generally shall qualify for new certificates of competency. One (1) or more employees who are to be engaged in the delivery and transportation of liquefied petroleum gas, and one (1) or more separate employees who are to be engaged in the installation of liquefied petroleum gas containers and systems, as well as a general safety supervisor, shall have a general knowledge of the characteristics of liquefied petroleum gases, as well as of their proper handling and utilization, along with a thorough knowledge and understanding of the National Fire Protection Association Pamphlet No. 58 and the State Liquefied Petroleum Gas Code covering the storage and handling of liquefied petroleum gases, as established by a current written or oral examination prepared and conducted by the director with the approval of the board. (2) Applicants must agree to furnish whatever information the director or the board may require as to their ability to engage in the liquefied petroleum gas business and must also furnish whatever references the director or the board may require.

(1) Applicants must have satisfactory experience in the liquefied petroleum gas business or have employed a recognized operator of the business with experience and competency. In order that the director or the board may be assured as to competency insofar as safety is concerned, applicants for permits to engage in the liquefied petroleum gas business generally shall qualify for new certificates of competency. One (1) or more employees who are to be engaged in the delivery and transportation of liquefied petroleum gas, and one (1) or more separate employees who are to be engaged in the installation of liquefied petroleum gas containers and systems, as well as a general safety supervisor, shall have a general knowledge of the characteristics of liquefied petroleum gases, as well as of their proper handling and utilization, along with a thorough knowledge and understanding of the National Fire Protection Association Pamphlet No. 58 and the State Liquefied Petroleum Gas Code covering the storage and handling of liquefied petroleum gases, as established by a current written or oral examination prepared and conducted by the director with the approval of the board.

(2) Applicants must agree to furnish whatever information the director or the board may require as to their ability to engage in the liquefied petroleum gas business and must also furnish whatever references the director or the board may require.

(g) (1) In order that the public or the user of liquefied petroleum gases may be assured of competent and efficient service to any container, system, or appurtenance, each dealer who has been issued a current permit or any applicant therefor in addition to competent gas delivery and transportation personnel, shall provide separate competent personnel for the installation and servicing of containers, systems, and appurtenances. (2) In determining whether or not to grant a permit, the director and the board shall determine whether or not an applicant can provide safe and efficient service to the public or the users in the area in which liquefied petroleum gas operations are to be conducted.

(1) In order that the public or the user of liquefied petroleum gases may be assured of competent and efficient service to any container, system, or appurtenance, each dealer who has been issued a current permit or any applicant therefor in addition to competent gas delivery and transportation personnel, shall provide separate competent personnel for the installation and servicing of containers, systems, and appurtenances.

(2) In determining whether or not to grant a permit, the director and the board shall determine whether or not an applicant can provide safe and efficient service to the public or the users in the area in which liquefied petroleum gas operations are to be conducted.

(h) In addition to the foregoing requirements, applicants must also meet the additional requirements listed under the specific class of permit desired.

(i) All foreign corporations doing business in this state in any phase of the liquefied petroleum gas business must furnish evidence of their qualifications to do business in the state as a foreign corporation.

(j) In addition to the foregoing, the board shall have the power to make reasonable application requirements by rule and shall adopt rules as it shall deem necessary to govern the procedures in any hearing to review the issuance or denial of permits.

(k) (1) Applicants for a class one permit must attend a forty-hour basic course in liquefied petroleum gas, as prescribed by the board, prior to the board meeting at which the review of the final action on their application may be heard. (2) All owners, managers or officials, and employees connected to or listed on the class one application must attend the basic training course prior to the board meeting at which the review of their application may be heard.

(1) Applicants for a class one permit must attend a forty-hour basic course in liquefied petroleum gas, as prescribed by the board, prior to the board meeting at which the review of the final action on their application may be heard.

(2) All owners, managers or officials, and employees connected to or listed on the class one application must attend the basic training course prior to the board meeting at which the review of their application may be heard.

Amended by Act 2019, No. 315,§ 1270, eff. 7/24/2019.

Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 2; 1995, No. 477, § 3; 1999, No. 1577, § 6; 2001, No. 440, §§ 3-6; 2007, No. 733, § 5.
Ark. Code Ann. § 15-72-110 — AR Code / Title 15 / Chapter 72 / Subchapter 1 / Section 15-72-110
Appeals
Status: in_force

In all proceedings brought under authority of this act, of any oil or gas conservation statute of this state, or of any rule or order issued thereunder and in all proceedings instituted for the purpose of contesting the validity of any provision of the act, of any oil or gas conservation statute, or of any rule or order issued thereunder, appeals may be taken in accordance with the general laws of the State of Arkansas relating to appeals. However, in all appeals from judgments or decrees in suits to contest the validity of any provision of this act, or any rule of the Oil and Gas Commission hereunder, the appeals when docketed in the Supreme Court shall take precedence over other cases on the docket of that court and may be advanced as that court may order and direct. Amended by Act 2019, No. 315,§ 1243, eff. 7/24/2019. Acts 1939, No. 105, § 20; A.S.A. 1947, § 53-120.

In all proceedings brought under authority of this act, of any oil or gas conservation statute of this state, or of any rule or order issued thereunder and in all proceedings instituted for the purpose of contesting the validity of any provision of the act, of any oil or gas conservation statute, or of any rule or order issued thereunder, appeals may be taken in accordance with the general laws of the State of Arkansas relating to appeals. However, in all appeals from judgments or decrees in suits to contest the validity of any provision of this act, or any rule of the Oil and Gas Commission hereunder, the appeals when docketed in the Supreme Court shall take precedence over other cases on the docket of that court and may be advanced as that court may order and direct.

Amended by Act 2019, No. 315,§ 1243, eff. 7/24/2019.

Acts 1939, No. 105, § 20; A.S.A. 1947, § 53-120.
Ark. Code Ann. § 15-3-305 — AR Code / Title 15 / Chapter 3 / Subchapter 3 / Section 15-3-305
Areas of collaboration
Status: in_force

The Arkansas Economic Development Commission may recommend that a research alliance under this subchapter: (1) Identify specific areas where scientific research and technological investigation may contribute to the creation and growth of knowledge-based and high-technology jobs in Arkansas; (2) Determine specific areas in which financial investment in scientific and technological research and development from federal agencies or private businesses located in Arkansas could be enhanced or increased if state resources were made available to assist in financing research infrastructure; (3) Advise universities of the research needs of Arkansas businesses and improve the exchange of scientific and technological information for the mutual benefit of universities and private businesses; (4) Encourage collaborations among scholars and faculty of research universities in the areas of research identified by the research alliance; (5) (A) Recommend state investments in research infrastructure. (B) In determining the recommendations for state investments in research infrastructure, the research alliance shall invite from research universities: (i) Assessments of the capabilities of the research universities to seize research opportunities in the areas of research identified by the research alliance; and (ii) Investments that would accelerate the creation of economic opportunities for the citizens of the state; (6) Certify investments in research infrastructure from the Arkansas Research Infrastructure Fund; and (7) Monitor, in the specific areas identified by the research alliance: (A) Growth in university research funding; (B) Intellectual property creation; (C) Licensing of technology to entrepreneurial firms and existing Arkansas companies; (D) Growth in venture capital investments in Arkansas; and (E) Employment in knowledge-based and high-technology employees. Amended by Act 2015EX1, No. 8,§ 83, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 83, eff. 7/1/2015. Acts 2007, No. 563, § 1.

The Arkansas Economic Development Commission may recommend that a research alliance under this subchapter:

(1) Identify specific areas where scientific research and technological investigation may contribute to the creation and growth of knowledge-based and high-technology jobs in Arkansas;

(2) Determine specific areas in which financial investment in scientific and technological research and development from federal agencies or private businesses located in Arkansas could be enhanced or increased if state resources were made available to assist in financing research infrastructure;

(3) Advise universities of the research needs of Arkansas businesses and improve the exchange of scientific and technological information for the mutual benefit of universities and private businesses;

(4) Encourage collaborations among scholars and faculty of research universities in the areas of research identified by the research alliance;

(5) (A) Recommend state investments in research infrastructure. (B) In determining the recommendations for state investments in research infrastructure, the research alliance shall invite from research universities: (i) Assessments of the capabilities of the research universities to seize research opportunities in the areas of research identified by the research alliance; and (ii) Investments that would accelerate the creation of economic opportunities for the citizens of the state;

(A) Recommend state investments in research infrastructure.

(B) In determining the recommendations for state investments in research infrastructure, the research alliance shall invite from research universities: (i) Assessments of the capabilities of the research universities to seize research opportunities in the areas of research identified by the research alliance; and (ii) Investments that would accelerate the creation of economic opportunities for the citizens of the state;

(i) Assessments of the capabilities of the research universities to seize research opportunities in the areas of research identified by the research alliance; and

(ii) Investments that would accelerate the creation of economic opportunities for the citizens of the state;

(6) Certify investments in research infrastructure from the Arkansas Research Infrastructure Fund; and

(7) Monitor, in the specific areas identified by the research alliance: (A) Growth in university research funding; (B) Intellectual property creation; (C) Licensing of technology to entrepreneurial firms and existing Arkansas companies; (D) Growth in venture capital investments in Arkansas; and (E) Employment in knowledge-based and high-technology employees.

(A) Growth in university research funding;

(B) Intellectual property creation;

(C) Licensing of technology to entrepreneurial firms and existing Arkansas companies;

(D) Growth in venture capital investments in Arkansas; and

(E) Employment in knowledge-based and high-technology employees.

Amended by Act 2015EX1, No. 8,§ 83, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 83, eff. 7/1/2015.

Acts 2007, No. 563, § 1.
Ark. Code Ann. § 15-20-208 — AR Code / Title 15 / Chapter 20 / Subchapter 2 / Section 15-20-208
Failure to repay loan or fee - Certification of deficiency
Status: in_force

(a) Should any city, town, county, or political subdivision receiving general revenue turnback funds, as defined in the Revenue Stabilization Law, § 19-5-101 et seq., fail, neglect, or refuse to pay for a period of more than ninety (90) days past the due date of any loan payment or fee due the Arkansas Natural Resources Commission, pursuant to: (1) Any or all of the following statutes: (A) The Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, § 15-22-701 et seq.; (B) The Arkansas Water Resources Cost Share Finance Act, § 15-22-801 et seq.; (C) The Arkansas Water Resources Development Act of 1981, § 15-22-601 et seq.; (D) The Water, Sewer, and Solid Waste Management Systems Finance Act of 1975, § 14-230-101 et seq.; and (E) The Arkansas Water Development Fund, § 15-22-507 ; (2) Rules promulgated or agreements entered pursuant to any of the statutes referred to in subdivision (a)(1) of this section; or (3) Fail to negotiate repayment of loans made pursuant to the statutes referred to in subdivision (a)(1) of this section, the commission, after notification to the city, town, county, or political subdivision, may certify that amount of deficiencies to the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. (b) Upon certification, the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State are directed to withhold from the city's, town's, county's, or other political subdivision's share of general revenue turnback the amount so certified as due the commission and to transfer such amount as directed by the commission for use as provided by law. Acts 1991, No. 648, §§ 1, 2.

(a) Should any city, town, county, or political subdivision receiving general revenue turnback funds, as defined in the Revenue Stabilization Law, § 19-5-101 et seq., fail, neglect, or refuse to pay for a period of more than ninety (90) days past the due date of any loan payment or fee due the Arkansas Natural Resources Commission, pursuant to: (1) Any or all of the following statutes: (A) The Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, § 15-22-701 et seq.; (B) The Arkansas Water Resources Cost Share Finance Act, § 15-22-801 et seq.; (C) The Arkansas Water Resources Development Act of 1981, § 15-22-601 et seq.; (D) The Water, Sewer, and Solid Waste Management Systems Finance Act of 1975, § 14-230-101 et seq.; and (E) The Arkansas Water Development Fund, § 15-22-507 ; (2) Rules promulgated or agreements entered pursuant to any of the statutes referred to in subdivision (a)(1) of this section; or (3) Fail to negotiate repayment of loans made pursuant to the statutes referred to in subdivision (a)(1) of this section, the commission, after notification to the city, town, county, or political subdivision, may certify that amount of deficiencies to the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.

(1) Any or all of the following statutes: (A) The Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, § 15-22-701 et seq.; (B) The Arkansas Water Resources Cost Share Finance Act, § 15-22-801 et seq.; (C) The Arkansas Water Resources Development Act of 1981, § 15-22-601 et seq.; (D) The Water, Sewer, and Solid Waste Management Systems Finance Act of 1975, § 14-230-101 et seq.; and (E) The Arkansas Water Development Fund, § 15-22-507 ;

(A) The Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, § 15-22-701 et seq.;

(B) The Arkansas Water Resources Cost Share Finance Act, § 15-22-801 et seq.;

(C) The Arkansas Water Resources Development Act of 1981, § 15-22-601 et seq.;

(D) The Water, Sewer, and Solid Waste Management Systems Finance Act of 1975, § 14-230-101 et seq.; and

(E) The Arkansas Water Development Fund, § 15-22-507 ;

(2) Rules promulgated or agreements entered pursuant to any of the statutes referred to in subdivision (a)(1) of this section; or

(3) Fail to negotiate repayment of loans made pursuant to the statutes referred to in subdivision (a)(1) of this section, the commission, after notification to the city, town, county, or political subdivision, may certify that amount of deficiencies to the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.

(b) Upon certification, the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State are directed to withhold from the city's, town's, county's, or other political subdivision's share of general revenue turnback the amount so certified as due the commission and to transfer such amount as directed by the commission for use as provided by law.

Acts 1991, No. 648, §§ 1, 2.
Ark. Code Ann. § 15-73-203 — AR Code / Title 15 / Chapter 73 / Subchapter 2 / Section 15-73-203
Forfeiture of oil, gas, or mineral leases - Duty of lessee to cancel or release
Status: in_force

(a) It shall be the duty of each person holding an oil, gas, or other mineral lease for prospecting and exploiting for oil, gas, or other minerals, upon any real estate in the State of Arkansas, upon forfeiting the rights to further prospect on the lands by failure to pay any rental or to perform any condition imposed by the terms of the lease on the lessee, or otherwise forfeiting the rights under the lease, upon the notice hereinafter prescribed in § 15-73-204 by the lessor, to execute a release to the grantor or otherwise remove any cloud or encumbrance on the title to the lands by reason of the forfeited lease. (b) (1) However, it shall be sufficient if the lessee in the original lease, or his or her assignee of record, shall endorse on the margin of the record of the original lease a cancellation or release of the lease. Endorsing on the margin of the record of the original release such words as "FORFEITED AND CANCELLED" followed by the date of entry and the signature of the owner of the lease of record, either the original lessee or the then owner by proper assignments of record, attested to by the recorder, shall be sufficient. No satisfaction or cancellation on the margin of the record shall be sufficient unless it is attested to by the recorder in person or by his or her deputy. (2) No person shall be required to release of record any portion of an original lease which he or she does not own, but is responsible only for that portion of the lease to which he or she holds title of record. Acts 1921, No. 192, § 1; 1923, No. 170, § 1; Pope's Dig., § 10505; A.S.A. 1947, § 53-312.

(a) It shall be the duty of each person holding an oil, gas, or other mineral lease for prospecting and exploiting for oil, gas, or other minerals, upon any real estate in the State of Arkansas, upon forfeiting the rights to further prospect on the lands by failure to pay any rental or to perform any condition imposed by the terms of the lease on the lessee, or otherwise forfeiting the rights under the lease, upon the notice hereinafter prescribed in § 15-73-204 by the lessor, to execute a release to the grantor or otherwise remove any cloud or encumbrance on the title to the lands by reason of the forfeited lease.

(b) (1) However, it shall be sufficient if the lessee in the original lease, or his or her assignee of record, shall endorse on the margin of the record of the original lease a cancellation or release of the lease. Endorsing on the margin of the record of the original release such words as "FORFEITED AND CANCELLED" followed by the date of entry and the signature of the owner of the lease of record, either the original lessee or the then owner by proper assignments of record, attested to by the recorder, shall be sufficient. No satisfaction or cancellation on the margin of the record shall be sufficient unless it is attested to by the recorder in person or by his or her deputy. (2) No person shall be required to release of record any portion of an original lease which he or she does not own, but is responsible only for that portion of the lease to which he or she holds title of record.

(1) However, it shall be sufficient if the lessee in the original lease, or his or her assignee of record, shall endorse on the margin of the record of the original lease a cancellation or release of the lease. Endorsing on the margin of the record of the original release such words as "FORFEITED AND CANCELLED" followed by the date of entry and the signature of the owner of the lease of record, either the original lessee or the then owner by proper assignments of record, attested to by the recorder, shall be sufficient. No satisfaction or cancellation on the margin of the record shall be sufficient unless it is attested to by the recorder in person or by his or her deputy.

(2) No person shall be required to release of record any portion of an original lease which he or she does not own, but is responsible only for that portion of the lease to which he or she holds title of record.

Acts 1921, No. 192, § 1; 1923, No. 170, § 1; Pope's Dig., § 10505; A.S.A. 1947, § 53-312.
Ark. Code Ann. § 15-4-2008 — AR Code / Title 15 / Chapter 4 / Subchapter 20 / Section 15-4-2008
Disbursement of rebate
Status: in_force

(a) The Revenue Division of the Department of Finance and Administration shall upon receipt of an application for a tax incentive for a rebate, including a proof of performance expenditure report from the Film Office: (1) Calculate the total expenditures of the relevant production company for which there are documented receipts for funds expended in the state; (2) Calculate the incentive benefit to which the applicant is entitled, subject to any conditions of the approved financial incentive agreement; and (3) Provide certification to the Secretary of the Department of Finance and Administration specifying the amount to be remitted to the production company within one hundred twenty (120) days after the final expenditure report has been submitted. (b) The secretary, within ten (10) working days after the receipt of the certification from the division, shall remit the rebate to: (1) The production company; or (2) At the option of the production company, the full amount or a specified amount noted by the production company to the: (A) National Film Preservation Foundation; (B) Motion Picture & Television Fund; or (C) Digital Product and Motion Picture Office Fund. (c) (1) The amount of the rebate is limited to the amount specified in the approved financial incentive agreement. (2) The rebate shall be awarded on a first-come, first-served basis. (3) Rebates to be awarded from the Digital Product and Motion Picture Office Fund may be payable from any source of funds allocated for the rebates. Amended by Act 2023, No. 204,§ 7, eff. 8/1/2023. Amended by Act 2021, No. 797,§ 8, eff. 7/28/2021. Amended by Act 2021, No. 474,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 367,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 367,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3399, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3398, eff. 7/1/2019. Amended by Act 2013, No. 496,§ 7, eff. 8/16/2013. Acts 1997, No. 919, § 7; 2009, No. 816, § 1.

(a) The Revenue Division of the Department of Finance and Administration shall upon receipt of an application for a tax incentive for a rebate, including a proof of performance expenditure report from the Film Office: (1) Calculate the total expenditures of the relevant production company for which there are documented receipts for funds expended in the state; (2) Calculate the incentive benefit to which the applicant is entitled, subject to any conditions of the approved financial incentive agreement; and (3) Provide certification to the Secretary of the Department of Finance and Administration specifying the amount to be remitted to the production company within one hundred twenty (120) days after the final expenditure report has been submitted.

(1) Calculate the total expenditures of the relevant production company for which there are documented receipts for funds expended in the state;

(2) Calculate the incentive benefit to which the applicant is entitled, subject to any conditions of the approved financial incentive agreement; and

(3) Provide certification to the Secretary of the Department of Finance and Administration specifying the amount to be remitted to the production company within one hundred twenty (120) days after the final expenditure report has been submitted.

(b) The secretary, within ten (10) working days after the receipt of the certification from the division, shall remit the rebate to: (1) The production company; or (2) At the option of the production company, the full amount or a specified amount noted by the production company to the: (A) National Film Preservation Foundation; (B) Motion Picture & Television Fund; or (C) Digital Product and Motion Picture Office Fund.

(1) The production company; or

(2) At the option of the production company, the full amount or a specified amount noted by the production company to the: (A) National Film Preservation Foundation; (B) Motion Picture & Television Fund; or (C) Digital Product and Motion Picture Office Fund.

(A) National Film Preservation Foundation;

(B) Motion Picture & Television Fund; or

(C) Digital Product and Motion Picture Office Fund.

(c) (1) The amount of the rebate is limited to the amount specified in the approved financial incentive agreement. (2) The rebate shall be awarded on a first-come, first-served basis. (3) Rebates to be awarded from the Digital Product and Motion Picture Office Fund may be payable from any source of funds allocated for the rebates.

(1) The amount of the rebate is limited to the amount specified in the approved financial incentive agreement.

(2) The rebate shall be awarded on a first-come, first-served basis.

(3) Rebates to be awarded from the Digital Product and Motion Picture Office Fund may be payable from any source of funds allocated for the rebates.

Amended by Act 2023, No. 204,§ 7, eff. 8/1/2023.

Amended by Act 2021, No. 797,§ 8, eff. 7/28/2021.

Amended by Act 2021, No. 474,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 367,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 367,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3399, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3398, eff. 7/1/2019.

Amended by Act 2013, No. 496,§ 7, eff. 8/16/2013.

Acts 1997, No. 919, § 7; 2009, No. 816, § 1.
Ark. Code Ann. § 15-4-304 — AR Code / Title 15 / Chapter 4 / Subchapter 3 / Section 15-4-304
Creation
Status: in_force

The Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission: (1) Is established and confirmed within the Arkansas Economic Development Commission; (2) Shall be operated as a division within the commission; and (3) Shall perform the functions and duties as provided in this subchapter. Amended by Act 2017, No. 1080,§ 1, eff. 8/1/2017. Acts 1977, No. 544, § 3; A.S.A. 1947, § 5-916.4; Acts 2009, No. 1222, § 4.

The Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission:

(1) Is established and confirmed within the Arkansas Economic Development Commission;

(2) Shall be operated as a division within the commission; and

(3) Shall perform the functions and duties as provided in this subchapter.

Amended by Act 2017, No. 1080,§ 1, eff. 8/1/2017.

Acts 1977, No. 544, § 3; A.S.A. 1947, § 5-916.4; Acts 2009, No. 1222, § 4.
Ark. Code Ann. § 15-74-410 — AR Code / Title 15 / Chapter 74 / Subchapter 4 / Section 15-74-410
Records of inspections - Disposition of funds
Status: in_force

(a) The Secretary of the Department of Finance and Administration, or his or her deputies or inspectors, whose duty it is to enforce this subchapter, shall keep a correct record of all oils and fluids inspected by them in a book provided for by the state for that purpose. They shall have the power to make any necessary investigation to determine whether or not any oils have been inspected before being offered for sale. (b) The secretary, his or her deputies, or his or her inspectors, shall have the right to administer oaths and inspect any and all records having reference to the receiving, forwarding, transportation, or sale of any oils or fluids. (c) All records kept by the secretary, or his or her deputies or inspectors, pertaining to the inspection of oils and fluids mentioned in this subchapter shall be open to the inspection of any interested party. Amended by Act 2019, No. 910,§ 3418, eff. 7/1/2019. Acts 1933, No. 134, § 9; Pope's Dig., § 10456; Acts 1965, No. 493, § 6; A.S.A. 1947, § 53-609.

(a) The Secretary of the Department of Finance and Administration, or his or her deputies or inspectors, whose duty it is to enforce this subchapter, shall keep a correct record of all oils and fluids inspected by them in a book provided for by the state for that purpose. They shall have the power to make any necessary investigation to determine whether or not any oils have been inspected before being offered for sale.

(b) The secretary, his or her deputies, or his or her inspectors, shall have the right to administer oaths and inspect any and all records having reference to the receiving, forwarding, transportation, or sale of any oils or fluids.

(c) All records kept by the secretary, or his or her deputies or inspectors, pertaining to the inspection of oils and fluids mentioned in this subchapter shall be open to the inspection of any interested party.

Amended by Act 2019, No. 910,§ 3418, eff. 7/1/2019.

Acts 1933, No. 134, § 9; Pope's Dig., § 10456; Acts 1965, No. 493, § 6; A.S.A. 1947, § 53-609.
Ark. Code Ann. § 15-4-3105 — AR Code / Title 15 / Chapter 4 / Subchapter 31 / Section 15-4-3105
[Repealed]
Status: repealed

Repealed by Act 2017, No. 208,§ 1, eff. 8/1/2017. Acts 2005, No. 1277, § 1; 2009, No. 795, § 3.

Repealed by Act 2017, No. 208,§ 1, eff. 8/1/2017.

Acts 2005, No. 1277, § 1; 2009, No. 795, § 3.
Ark. Code Ann. § 15-41-125 — AR Code / Title 15 / Chapter 41 / Subchapter 1 / Section 15-41-125
Overtime payments
Status: in_force

(a) (1) If approved by the Director of the Arkansas State Game and Fish Commission, the Arkansas State Game and Fish Commission may make overtime payments to game wardens or other employees who are currently assigned or may be assigned by the director or his or her designee to special law enforcement task forces, special operations, or other special programs reimbursable to the commission by federal or local authorities. (2) Overtime payments under subdivision (a)(1) of this section shall be made from funds and appropriations provided for overtime payments. (b) Overtime payments under this section shall be: (1) Processed through the state accounting system; and (2) In addition to the regular salaries and benefits accruing to the employees eligible for overtime payments under this section. Amended by Act 2023, No. 852,§ 4, eff. 8/1/2023. Added by Act 2019, No. 717,§ 8, eff. 7/1/2019.

(a) (1) If approved by the Director of the Arkansas State Game and Fish Commission, the Arkansas State Game and Fish Commission may make overtime payments to game wardens or other employees who are currently assigned or may be assigned by the director or his or her designee to special law enforcement task forces, special operations, or other special programs reimbursable to the commission by federal or local authorities. (2) Overtime payments under subdivision (a)(1) of this section shall be made from funds and appropriations provided for overtime payments.

(1) If approved by the Director of the Arkansas State Game and Fish Commission, the Arkansas State Game and Fish Commission may make overtime payments to game wardens or other employees who are currently assigned or may be assigned by the director or his or her designee to special law enforcement task forces, special operations, or other special programs reimbursable to the commission by federal or local authorities.

(2) Overtime payments under subdivision (a)(1) of this section shall be made from funds and appropriations provided for overtime payments.

(b) Overtime payments under this section shall be: (1) Processed through the state accounting system; and (2) In addition to the regular salaries and benefits accruing to the employees eligible for overtime payments under this section.

(1) Processed through the state accounting system; and

(2) In addition to the regular salaries and benefits accruing to the employees eligible for overtime payments under this section.

Amended by Act 2023, No. 852,§ 4, eff. 8/1/2023.

Added by Act 2019, No. 717,§ 8, eff. 7/1/2019.
Ark. Code Ann. § 15-55-301 — AR Code / Title 15 / Chapter 55 / Subchapter 3 / Section 15-55-301
Purposes
Status: in_force

(a) The State Geologist shall, upon consultation with and approval of the Governor, establish and equip a chemical laboratory for the carrying on of this work and appoint suitable assistants; the State Geologist and his or her assistants are to constitute the geological corps whose duty it shall be to make a geological survey of the sections of this state he or she deems necessary and proper to ascertain the mineral properties of the state. (b) This survey shall have for its object: (1) (A) An examination of the geological structure, including the dip, magnitude, order, and relative portions of the several strata, their ore-bearing qualities, or usefulness in the production of oil, gas, water, building stone, road materials, or other valuable minerals; and (B) The accessibility of the geological structure for mining or manufacture and the most economic means for their production; (2) An examination of the various soils of the state for the determination of their chemical constituency and agricultural adaptability, with recommendations for the preservation and improvement of their fertility by the addition of other materials, such as the phosphate rocks, limestones, chalks, marls, and green sands found in various parts of the state, with the view of ascertaining their value for use on deficient soils; (3) An investigation of the available water power of the streams of this state and of the problems of flood control and land drainage, so that information will be available to citizens of the state that will enable them to develop the hydroelectric possibilities and reclaim the rich agricultural lands along these waterways; (4) To investigate methods of mining and mineral production, and devise means for the conservation of the natural resources and to make suggestions for safeguarding the lives of miners and preventing explosions and other accidents, cooperating in this work with the State Mine Inspector and the Oil and Gas Commission; (5) To obtain records of the names and addresses of all individuals, companies, or corporations engaged in mineral production in the state, together with information as to the capacity, output, and holdings of their plants, amount of capital invested, number of persons employed, value of products, and other data indicative of the business of the establishments; (6) To obtain a list of the owners of undeveloped mineral properties and information as to character of mineral, extent of deposit, location, convenience to transportation, facilities for working, and probable cost of development, placing this list at the disposal of persons seeking investments in mineral properties; (7) To prepare an accurate geological map of the state, showing by colors, symbols, and other appropriate means, the exposed or surface formations, topographic contours, soil types, physical features, and areas of mineral-bearing ores, with comprehensive data concerning the stratification of the rocks and underground conditions for publication with the reports of the survey; (8) To examine and analyze specimens of minerals submitted by citizens of this state and report upon their intrinsic worth or economic value and to collect from various sources the names of manufacturers and others who use, or may be in the market for, mineral products, and to furnish these names to owners of mineral products and owners of mineral deposits or property who seek to develop their mineral deposits or property; (9) To obtain from the county clerks of the various counties when oil or gas wells may be drilled, or from the driller of the well and other sources, the records or logs, which the statutes provide shall be kept of the wells and copies filed with the county clerk, keeping this data in a convenient form so that it may be accessible to any person seeking information regarding the underground structure of the state; and further, the State Geologist shall correlate the data obtained from these logs and other sources and construct therefrom maps showing the relative positions of various geological formations, and the depth of water, gas, and oil-bearing strata, and other information as would be helpful in a study of the geology of the regions where wells have been drilled; (10) To cooperate with the Revenue Division of the Department of Finance and Administration in investigation for tax purposes and inventorying and appraising all mining properties held under private ownership or control; and (11) To make a report on or before the first Monday in December of each year of the results and progress of the survey, accompanied by maps, profiles, and drawings as necessary to explain the survey. The Governor may cause the report to be printed and distributed or shall lay it before the General Assembly for its consideration; provided, that, if the public interest requires, special reports may be issued showing the results of geological investigation. Acts 1923, No. 573, § 2; Pope's Dig., § 12228; A.S.A. 1947, § 9-405.

(a) The State Geologist shall, upon consultation with and approval of the Governor, establish and equip a chemical laboratory for the carrying on of this work and appoint suitable assistants; the State Geologist and his or her assistants are to constitute the geological corps whose duty it shall be to make a geological survey of the sections of this state he or she deems necessary and proper to ascertain the mineral properties of the state.

(b) This survey shall have for its object: (1) (A) An examination of the geological structure, including the dip, magnitude, order, and relative portions of the several strata, their ore-bearing qualities, or usefulness in the production of oil, gas, water, building stone, road materials, or other valuable minerals; and (B) The accessibility of the geological structure for mining or manufacture and the most economic means for their production; (2) An examination of the various soils of the state for the determination of their chemical constituency and agricultural adaptability, with recommendations for the preservation and improvement of their fertility by the addition of other materials, such as the phosphate rocks, limestones, chalks, marls, and green sands found in various parts of the state, with the view of ascertaining their value for use on deficient soils; (3) An investigation of the available water power of the streams of this state and of the problems of flood control and land drainage, so that information will be available to citizens of the state that will enable them to develop the hydroelectric possibilities and reclaim the rich agricultural lands along these waterways; (4) To investigate methods of mining and mineral production, and devise means for the conservation of the natural resources and to make suggestions for safeguarding the lives of miners and preventing explosions and other accidents, cooperating in this work with the State Mine Inspector and the Oil and Gas Commission; (5) To obtain records of the names and addresses of all individuals, companies, or corporations engaged in mineral production in the state, together with information as to the capacity, output, and holdings of their plants, amount of capital invested, number of persons employed, value of products, and other data indicative of the business of the establishments; (6) To obtain a list of the owners of undeveloped mineral properties and information as to character of mineral, extent of deposit, location, convenience to transportation, facilities for working, and probable cost of development, placing this list at the disposal of persons seeking investments in mineral properties; (7) To prepare an accurate geological map of the state, showing by colors, symbols, and other appropriate means, the exposed or surface formations, topographic contours, soil types, physical features, and areas of mineral-bearing ores, with comprehensive data concerning the stratification of the rocks and underground conditions for publication with the reports of the survey; (8) To examine and analyze specimens of minerals submitted by citizens of this state and report upon their intrinsic worth or economic value and to collect from various sources the names of manufacturers and others who use, or may be in the market for, mineral products, and to furnish these names to owners of mineral products and owners of mineral deposits or property who seek to develop their mineral deposits or property; (9) To obtain from the county clerks of the various counties when oil or gas wells may be drilled, or from the driller of the well and other sources, the records or logs, which the statutes provide shall be kept of the wells and copies filed with the county clerk, keeping this data in a convenient form so that it may be accessible to any person seeking information regarding the underground structure of the state; and further, the State Geologist shall correlate the data obtained from these logs and other sources and construct therefrom maps showing the relative positions of various geological formations, and the depth of water, gas, and oil-bearing strata, and other information as would be helpful in a study of the geology of the regions where wells have been drilled; (10) To cooperate with the Revenue Division of the Department of Finance and Administration in investigation for tax purposes and inventorying and appraising all mining properties held under private ownership or control; and (11) To make a report on or before the first Monday in December of each year of the results and progress of the survey, accompanied by maps, profiles, and drawings as necessary to explain the survey. The Governor may cause the report to be printed and distributed or shall lay it before the General Assembly for its consideration; provided, that, if the public interest requires, special reports may be issued showing the results of geological investigation.

(1) (A) An examination of the geological structure, including the dip, magnitude, order, and relative portions of the several strata, their ore-bearing qualities, or usefulness in the production of oil, gas, water, building stone, road materials, or other valuable minerals; and (B) The accessibility of the geological structure for mining or manufacture and the most economic means for their production;

(A) An examination of the geological structure, including the dip, magnitude, order, and relative portions of the several strata, their ore-bearing qualities, or usefulness in the production of oil, gas, water, building stone, road materials, or other valuable minerals; and

(B) The accessibility of the geological structure for mining or manufacture and the most economic means for their production;

(2) An examination of the various soils of the state for the determination of their chemical constituency and agricultural adaptability, with recommendations for the preservation and improvement of their fertility by the addition of other materials, such as the phosphate rocks, limestones, chalks, marls, and green sands found in various parts of the state, with the view of ascertaining their value for use on deficient soils;

(3) An investigation of the available water power of the streams of this state and of the problems of flood control and land drainage, so that information will be available to citizens of the state that will enable them to develop the hydroelectric possibilities and reclaim the rich agricultural lands along these waterways;

(4) To investigate methods of mining and mineral production, and devise means for the conservation of the natural resources and to make suggestions for safeguarding the lives of miners and preventing explosions and other accidents, cooperating in this work with the State Mine Inspector and the Oil and Gas Commission;

(5) To obtain records of the names and addresses of all individuals, companies, or corporations engaged in mineral production in the state, together with information as to the capacity, output, and holdings of their plants, amount of capital invested, number of persons employed, value of products, and other data indicative of the business of the establishments;

(6) To obtain a list of the owners of undeveloped mineral properties and information as to character of mineral, extent of deposit, location, convenience to transportation, facilities for working, and probable cost of development, placing this list at the disposal of persons seeking investments in mineral properties;

(7) To prepare an accurate geological map of the state, showing by colors, symbols, and other appropriate means, the exposed or surface formations, topographic contours, soil types, physical features, and areas of mineral-bearing ores, with comprehensive data concerning the stratification of the rocks and underground conditions for publication with the reports of the survey;

(8) To examine and analyze specimens of minerals submitted by citizens of this state and report upon their intrinsic worth or economic value and to collect from various sources the names of manufacturers and others who use, or may be in the market for, mineral products, and to furnish these names to owners of mineral products and owners of mineral deposits or property who seek to develop their mineral deposits or property;

(9) To obtain from the county clerks of the various counties when oil or gas wells may be drilled, or from the driller of the well and other sources, the records or logs, which the statutes provide shall be kept of the wells and copies filed with the county clerk, keeping this data in a convenient form so that it may be accessible to any person seeking information regarding the underground structure of the state; and further, the State Geologist shall correlate the data obtained from these logs and other sources and construct therefrom maps showing the relative positions of various geological formations, and the depth of water, gas, and oil-bearing strata, and other information as would be helpful in a study of the geology of the regions where wells have been drilled;

(10) To cooperate with the Revenue Division of the Department of Finance and Administration in investigation for tax purposes and inventorying and appraising all mining properties held under private ownership or control; and

(11) To make a report on or before the first Monday in December of each year of the results and progress of the survey, accompanied by maps, profiles, and drawings as necessary to explain the survey. The Governor may cause the report to be printed and distributed or shall lay it before the General Assembly for its consideration; provided, that, if the public interest requires, special reports may be issued showing the results of geological investigation.

Acts 1923, No. 573, § 2; Pope's Dig., § 12228; A.S.A. 1947, § 9-405.