Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 15 - ADMINISTRATIVE PROCEDURES (§§ 25-15-101 — 25-15-702) › Subchapter 4 - RULE REPORT, SUNSET, AND EXTENSION (§§ 25-15-401 — 25-15-404) › Section 25-15-401 - Report, sunset, and extension of rules - Definitions

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