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 25-15-404 - Expedited repeal of rules that do not meet definition under Arkansas Administrative Procedure Act

(a)
The General Assembly finds:
(1)
From time to time agencies promulgate as a rule a statement that does not meet the legal definition of a rule;
(2)
The development of the Code of Arkansas Rules under §
25-15-218
has highlighted such statements, particularly those promulgated rules which only affect the internal management of an agency and are difficult to codify as they do not require promulgation under the Arkansas Administrative Procedure Act, §
25-15-201
et seq.; and
(3)
This section is intended to provide agencies with a mechanism to repeal rules that do not meet the legal definition of that term in an expedited fashion.
(b)
(1)
(A)
If an agency determines that a rule promulgated by the agency does not meet the definition of a rule under the Arkansas Administrative Procedure Act, §
25-15-201
et seq., and desires to repeal the rule, the agency may file a written request with the Legislative Council requesting that the rule be repealed.
(B)
A written request under subdivision (b)(1)(A) of this section:
(i)
Is an administrative rule for the purposes of Arkansas Constitution, Article 5, § 42; and
(ii)
Is exempt from the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(2)
A written request filed with the Legislative Council under subdivision (b)(1) of this section shall contain without limitation the following information:
(A)
The initial effective date of the rule;
(B)
The date the rule was filed with the Secretary of State; and
(C)
The legal authority or agency justification for the repeal of the rule that the agency does not believe meets the definition of a rule under the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(c)
(1)
The Legislative Council may accept or reject the written request of an agency to repeal a rule under subsection (b) of this section.
(2)
If the Legislative Council accepts an agency's written request to repeal a rule under subsection (b) of this section, the repeal of the rule is:
(A)
Effective immediately; and
(B)
Not subject to the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(3)
Within ten (10) days after the Legislative Council's acceptance of an agency's written request to repeal a rule under this section, the agency shall notify the Secretary of State that the rule has been repealed under this section.
(d)
A written request requesting the repeal of a rule under this section may:
(1)
Be filed at any time; and
(2)
Request the repeal of one (1) or more rules that the agency does not believe meet the definition of a rule under the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(e)
As part of its development and maintenance of the Code of Arkansas Rules under §
25-15-218
, the Bureau of Legislative Research may request that an agency review a rule to determine if the agency believes the rule meets the definition of a rule under the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Added by Act 2021, No. 65,§ 3, eff. 7/28/2021.