reglab/housing_qa huggingface dataset:
AR Code § 25-15-203 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 15 - Administrative Procedures|Subchapter 2 - Administrative Procedure Act|§ 25-15-203. Rules — Required rules — Public inspection

 (a) In addition to other rulemaking requirements imposed by law, each agency shall:  (1) Adopt as a rule a description of its organization, stating the general course and method of its operations, including the methods whereby the public may obtain information or make submissions or requests;  (2) Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency;  (3) Make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions; and  (4) Make available for public inspection all orders, decisions, and opinions.    (b) No agency rule, order, or decision shall be valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been filed and made available for public inspection as required in this subchapter. This provision shall not apply in favor of any person or party with actual knowledge of an agency rule, order, or decision.  (c) To the extent possible, a rule shall be written in plain language.
AR Code § 25-15-205 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 15 - Administrative Procedures|Subchapter 2 - Administrative Procedure Act|§ 25-15-205. Rules — The Arkansas Register

 (a)  (1) The Secretary of State shall compile, index, and publish on its website a document to be known as “The Arkansas Register”.  (2) The register shall contain:  (A) A copy of each rule, including without limitation an emergency rule, proposed by an agency;  (B) A financial impact statement for the proposed rule;  (C) The notice for the adoption, amendment, or repeal of any rule required to be published on the internet under § 25-15-204;  (D) A statement setting forth the reason for the proposed rule; and  (E) A summary of the proposed rule.    (3) The inclusion of a direct link to an electronic version of the information under subdivision (a)(2) of this section shall satisfy the requirements of this section.  (4)  (A) The Secretary of State may omit from publication in the register any rule in which publication would be unduly cumbersome, expensive, or otherwise impractical.  (B) If a rule is omitted from publication under subdivision (a)(4)(A) of this section, the register shall indicate where and how a copy of the omitted rule may be obtained.      (b) The Secretary of State shall update the register at least monthly no later than the first Tuesday of every month, setting forth a synopsis of rules filed by agencies.  (c)  (1) If requested, a printed copy of the register shall be furnished to all state agencies and other persons at prices fixed by the Secretary of State to cover publication and mailing costs.  (2) Proceeds from the sale of the register shall be deposited into the Constitutional Officers Fund and the State Central Services Fund in the State Treasury.    (d) A progress report on publication and distribution shall be provided to the Legislative Council annually.
AR Code § 25-15-206 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 15 - Administrative Procedures|Subchapter 2 - Administrative Procedure Act|§ 25-15-206. Rules — Declaratory orders

 Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory orders as to the applicability of any rule, statute, or order enforced by it. These declaratory orders shall have the same status as agency orders in cases of adjudication.
AR Code § 25-15-207 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 15 - Administrative Procedures|Subchapter 2 - Administrative Procedure Act|§ 25-15-207. Rules — Actions for declaratory judgments

 (a) The validity or applicability of a rule may be determined in an action for declaratory judgment if it is alleged that the rule, or its threatened application, injures or threatens to injure the plaintiff in his or her person, business, or property.  (b) The action may be brought in the circuit court of any county in which the plaintiff resides or does business or in Pulaski County Circuit Court.  (c) The agency shall be made defendant in that action.  (d) A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.
AR Code § 25-15-209 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 15 - Administrative Procedures|Subchapter 2 - Administrative Procedure Act|§ 25-15-209. Administrative adjudication — Communication by decision maker

 (a) Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make final or proposed findings of fact or conclusions of law in any case of adjudication shall not communicate, directly or indirectly, in connection with any issue of fact with any person or party nor, in connection with any issue of law, with any party or his or her representative, except upon notice and opportunity for all parties to participate.  (b) An agency member may:  (1) Communicate with other members of the agency; and  (2) Have the aid and advice of one (1) or more personal assistants.
AR Code § 25-15-210 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 15 - Administrative Procedures|Subchapter 2 - Administrative Procedure Act|§ 25-15-210. Administrative adjudication — Decisions

 (a) When, in a case of adjudication, a majority of the officials of the agency who are to render the decision have not heard the case or read the record, the decision, if adverse to a party other than the agency, shall not be made until a proposal for decision is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary thereto, prepared by the person who conducted the hearing.  (b)  (1) In every case of adjudication, a final decision or order shall be in writing or stated in the record.  (2) A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding.    (c) Parties shall be served either personally or by mail with a copy of any decision or order.
AR Code § 25-15-211 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 15 - Administrative Procedures|Subchapter 2 - Administrative Procedure Act|§ 25-15-211. Administrative adjudication — Licenses — Definition

 (a) When the grant, denial, or renewal of a license is required by law to be preceded by notice and an opportunity for hearing, the provisions of this subchapter concerning cases of adjudication apply.  (b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license shall not expire until the application has been finally determined by the agency and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order, or a later date fixed by order of the reviewing court.  (c) No revocation, suspension, annulment, or withdrawal of any license is lawful unless the agency gives notice by mail to the licensee of facts or conduct warranting the intended action and unless the licensee is given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined.  (d)  (1) A complaint filed by an offender with a state licensing board or state licensing agency against a licensee of the board or agency shall not be heard by the board or agency unless the complaint is accompanied by appropriately verified documentation showing that the offender has exhausted all administrative remedies under the Division of Correction grievance procedure.  (2) For purposes of this section, “offender” means any person sentenced to the Division of Correction or sentenced to the Division of Correction for judicial transfer to the Division of Community Correction or any person confined in a community correction center as a condition of probation, suspended imposition of sentence, or post prison transfer.
AR Code § 25-15-214 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 15 - Administrative Procedures|Subchapter 2 - Administrative Procedure Act|§ 25-15-214. Failure of agency to act — Action by injured party

 In any case of rule making or adjudication, if an agency shall unlawfully, unreasonably, or capriciously fail, refuse, or delay to act, any person who considers himself or herself injured in his or her person, business, or property by the failure, refusal, or delay may bring suit in the circuit court of any county in which he or she resides or does business, or in Pulaski County Circuit Court, for an order commanding the agency to act.
AR Code § 25-15-215 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 15 - Administrative Procedures|Subchapter 2 - Administrative Procedure Act|§ 25-15-215. Model rules

 (a)  (1) The Attorney General shall publish model rules of procedure for use by agencies.  (2) The model rules shall include general functions and duties commonly performed by agencies.    (b)  (1) Each agency created after August 13, 2001, shall adopt, in accordance with the provisions of this subchapter, those model rules that are practicable.  (2) Any agency that adopts a rule of procedure that differs from the model rule, in conjunction with adopting the rule of procedure, shall state the reason why the relevant portions of the model rules are impracticable.
AR Code § 25-15-216 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 15 - Administrative Procedures|Subchapter 2 - Administrative Procedure Act|§ 25-15-216. Review of agency rules

 (a)  (1) As soon as is practicable after each regular session and fiscal session of the General Assembly, each agency shall review any newly enacted laws to determine whether:  (A) Any existing rule should be repealed or amended; or  (B) Any new rule should be adopted.    (2) At the conclusion of each review, the agency shall adopt a written report of the result of the review.  (3) A copy of each report shall be maintained as a public record by the agency.    (b)  (1) If an agency determines that a newly enacted law requires the repeal or amendment of an existing rule or the adoption of a new rule and the newly enacted law does not provide a specific date for the repeal, amendment, or adoption of the rule, the final version of the new, amended, or repealed rule shall be filed for adoption with the Secretary of State:  (A) On or before January 1 of the following year, if the newly enacted law results from a regular or fiscal session of the General Assembly;  (B) On or before the one hundred eightieth day following sine die adjournment, if the newly enacted law results from a special session of the General Assembly; or  (C) If approval of a rule under § 10-3-309 has not occurred by the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section, as soon as practicable after approval under § 10-3-309.    (2) An agency shall file the proposed rule with the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, under § 10-3-309 sufficiently in advance of the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section so that the Legislative Council or Joint Budget Committee may consider the rule for approval before the appropriate date.  (3)  (A) If an agency fails to file the final version of the new, amended, or repealed rule for adoption as required by subdivision (b)(1) of this section, the executive head of the agency at issue or his or her designee shall appear before the Legislative Council or its appropriate subcommittee on a monthly basis until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State.  (B) When appearing before the Legislative Council or its appropriate subcommittee, the executive head of the agency at issue or his or her designee shall:  (i) Describe why the agency has been unable to comply with subdivision (b)(1) of this section;  (ii) Provide an update on the current status of the necessary rule changes;  (iii) Describe the steps the agency is taking to address the failure to comply with subdivision (b)(1) of this section; and  (iv) Provide an anticipated date for when the final version of the new, amended, or repealed rule will be filed for adoption with the Secretary of State.
AR Code § 25-15-217 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 15 - Administrative Procedures|Subchapter 2 - Administrative Procedure Act|§ 25-15-217. Alternative sanctions

 (a)  (1) Each agency which may suspend, revoke, or deny a license for acts or omissions or other conduct as provided by law may impose alternative sanctions set forth in subsection (b) of this section.  (2) The penalties set forth in subsection (b) of this section shall be supplemental to any agency's authority to impose penalties upon any person or entity under the agency's jurisdiction.    (b) Each agency may impose on any person or entity under the agency's jurisdiction:  (1) A monetary penalty not to exceed five hundred dollars ($500) for each violation;  (2) A requirement that the person complete appropriate education programs or courses, or both;  (3) A requirement that the person or entity successfully complete:  (A) A licensing examination;  (B) A credentialing examination; or  (C) Any other examination required in order to obtain a permit, license, registration, or credential;    (4) Conditions or restrictions upon regulated activities of the holder of a license, permit, certificate, credential, registration, or other authority; and  (5) Other requirements or penalties as may be appropriate under the circumstances of the case and which would achieve the agency's desired disciplinary purposes, but which would not impair the public health and welfare.    (c) The agency may file suit to collect any monetary penalty assessed pursuant to this subchapter, if the penalty is not paid within the time prescribed by the agency, in either Pulaski County Circuit Court or the circuit court of any county in which the person or entity under the agency's jurisdiction:  (1) Resides; or  (2) Does business.    (d) Upon imposition of a sanction against a person or entity under the agency's jurisdiction, the agency may order that the license, permit, certification, credential, or registration be suspended until the person or entity has complied in full with all applicable sanctions imposed pursuant to this section.  (e)  (1) Each violation shall constitute a separate violation.  (2) The power and authority of the agency to impose a sanction authorized in this section shall not be affected by any other civil or criminal proceeding concerning the same violation.
AR Code § 25-15-219 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 15 - Administrative Procedures|Subchapter 2 - Administrative Procedure Act|§ 25-15-219. Publication on the Internet — Meeting dates

 (a)  (1) Each agency shall publish on the Internet the date, time, and location of all of the agency's meetings and hearings that are open to the public.  (2) The publication shall be made at www.arkansas.gov.    (b) The agency shall publish the notice not less than three (3) days before the meeting or hearing is scheduled.  (c) This section does not apply to emergency or special meetings that meet the requirements of § 25-19-106(b)(2).
AR Code § 25-15-220 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 15 - Administrative Procedures|Subchapter 2 - Administrative Procedure Act|§ 25-15-220. Rulemaking power to be narrowly interpreted — Definitions

 (a) As used in this section:  (1) “Rule” means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency; and  (2)  (A) “State agency” means an office, board, commission, department, council, bureau, governmental entity, or other agency of state government having authority to promulgate or enforce rules.  (B) “State agency” includes without limitation the:  (i) Arkansas State Game and Fish Commission, if the rule is promulgated under authority of a statute enacted by the General Assembly; and  (ii) State Highway Commission and the Arkansas Department of Transportation, if the rule is promulgated under authority of a statute enacted by the General Assembly.    (C) This section applies to one (1) or more of the following if the Legislative Council adopts rules under § 10-3-309(h)(2) including the respective entity in the definition of “state agency” under § 10-3-309(b)(2)(A):  (i) Each rule of the Arkansas State Game and Fish Commission;  (ii) Each rule of the State Highway Commission and the Arkansas Department of Transportation; and  (iii) An institution of higher education.        (b)  (1) The authority of a state agency to promulgate a rule when so empowered by an act of the General Assembly shall be narrowly interpreted by the state agency.  (2) As part of the narrow interpretation of its rulemaking authority under subdivision (b)(1) of this section, a state agency shall without limitation:  (A) Limit its rulemaking to only those areas or subject matters that are absolutely necessary to fulfill its statutory duty or obligations; and  (B) Not promulgate a rule that is inconsistent with the legislative intent of an act empowering a state agency to promulgate a rule.      (c) A proposed rule that is promulgated based upon a broad interpretation of a state agency's rulemaking power rather than a narrow interpretation of that rulemaking power may be deemed as inconsistent with state law for the purposes § 10-3-309(f)(1).
AR Code § 25-15-401 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 15 - Administrative Procedures|Subchapter 4 - Rule Report, Sunset, and Extension|§ 25-15-401. Definitions

 As used in this subchapter:   (1)  (A) “Agency” means a board, commission, department, office, or other authority of the government of the State of Arkansas, whether within or subject to review by another agency except the General Assembly, the courts, and the Governor.  (B) “Agency” includes the Division of Child Care and Early Childhood Education and the Child Care Appeal Review Panel for purposes of administrative appeal;    (2)  (A) “Rule” means an agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of an agency, including without limitation the amendment or repeal of a prior rule.  (B) “Rule” does not mean:  (i) A statement that concerns the internal management of an agency and that does not affect the private rights or procedures available to the public;  (ii) A declaratory ruling issued under § 25-15-206; or  (iii) Intra-agency memoranda; and      (3) “Rulemaking” means an agency process for the formulation, amendment, or repeal of a rule.
AR Code § 25-15-501 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 15 - Administrative Procedures|Subchapter 5 - Rules Impacting Medicaid Costs|§ 25-15-501. Legislative finding

 In light of the potential for rapidly rising costs to the state attributable to the Arkansas Medicaid Program and the importance of Medicaid expenditures to the health and welfare of the citizens of this state, the General Assembly finds that it is desirable to exercise a more thorough review of future proposed changes to any rule impacting state Medicaid costs.
AR Code § 25-15-502 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 15 - Administrative Procedures|Subchapter 5 - Rules Impacting Medicaid Costs|§ 25-15-502. Definition

 (a) As used in this section, “rule impacting state Medicaid costs” means a proposed rule as defined by § 25-15-202(9), or a proposed amendment to an existing rule as defined by § 25-15-202(9), that would, if adopted, adjust Medicaid reimbursement rates, Medicaid eligibility criteria, or Medicaid benefits, including without limitation a proposed rule or a proposed amendment to an existing rule seeking to:  (1) Reduce the number of individuals covered by the Arkansas Medicaid Program;  (2) Limit the types of services covered by the program;  (3) Reduce the utilization of services covered by the program;  (4) Reduce provider reimbursement;  (5) Increase consumer cost sharing;  (6) Reduce the cost of administering the program;  (7) Increase the program revenues;  (8) Reduce fraud and abuse in the program;  (9) Change any of the methodologies used for reimbursement of providers;  (10) Seek a new waiver or modification of an existing waiver of any provision under Title XIX of the Social Security Act, 42 U.S.C. § 1396-1 et seq., including a waiver that would allow a demonstration project;  (11) Participate or seek to participate in the waiver authority of Section 1115(a)(1) of the Social Security Act, 42 U.S.C. § 1315(a)(1), that would allow operation of a demonstration project or program;  (12) Participate or seek to participate in a request under Section 1115(a)(2) of the Social Security Act, 42 U.S.C. § 1315(a)(2), for the United States Secretary of Health and Human Services to provide federal financial participation for costs associated with a demonstration project or program;  (13) Implement managed care provisions under Section 1932 of the Social Security Act, 42 U.S.C. § 1396u-2; or  (14) Participate or seek to participate in the projects or programs of the Center for Medicare and Medicaid Innovation.    (b) “Rule impacting state Medicaid costs” does not include a modification, addition, or elimination of the medical codes used within the Arkansas Medicaid Program that are issued by the Centers for Medicare and Medicaid Services, including without limitation:  (1) Current Procedural Terminology codes;  (2) Healthcare Common Procedure Coding System codes;  (3) International Classification of Diseases codes;  (4) National Uniform Billing Committee Official UB-04 Data Specifications Manual codes; and  (5) National Correct Coding Initiative codes.