Arkansas Administrative Code › Agency 153 - Arkansas Ethics Commission › Rule 153.00.13-005 - Rules of Practice and Procedure

Current through Register Vol. 49, No. 6, June, 2024
I.
DESCRIPTION
The Arkansas Ethics Commission ("Commission") is composed of five
			 appointed Commissioners who enforce certain ethics, conflicts of interest,
			 lobbying, campaign, campaign finance, and ballot question laws within the State
			 of Arkansas. In accordance with these rules of practice and procedure, the
			 Commission issues advisory opinions and legal interpretations of law, and acts
			 as fact-finder and sanctioning body with respect to allegations of violations
			 of laws under its jurisdiction. Information may be obtained from the Commission
			 by written request. The Commission staff, which may consist of a director,
			 staff attorney(s), director(s) of compliance and others, acts as the
			 administrator and operating entity of the Commission. This staff, or members
			 thereof, may make office administrative procedure, act as spokesman for the
			 Commission, receive correspondence and correspond on behalf of the Commission,
			 provide legal and other research to the Commission, investigate allegations of
			 violations of laws under the Commission's jurisdiction, and perform such other
			 functions as the Commission deems appropriate. These rules of practice and
			 procedure shall govern all proceedings before the Commission and shall be
			 applicable to any complaints filed or initiated after the effective date
			 hereof. In accordance with Ark. Code Ann. §
								25-15-204(d),
			 any person may petition the Commission for the issuance, amendment, or repeal
			 of any rule.
II.
COMMISSION & STAFF
A.
Commission Organization
(1) The Commission shall consist of five (5)
		  Commissioners who shall be appointed as follows:
- one member by the Governor of the State of Arkansas
- one member by the Lieutenant Governor of the State of
			 Arkansas
- one member by the Attorney General of the State of
			 Arkansas
- one member by the Speaker of the Arkansas House of
			 Representatives
- one member by the President Pro Tempore of the Arkansas
			 Senate
(2) Pursuant to Ark.
		  Code Ann. §
									7-6-217(b)(1),
		  the Commission shall, at all times, have among its members:
- one member of a minority race
- one woman
- one member of a minority political party
(3) Each Commissioner has a responsibility to
		  attend all regular and special meetings of the Commission. Any Commissioner who
		  fails to attend three (3) consecutive regular meetings shall be subject to
		  removal from the Commission pursuant to Ark. Code Ann. §
									25-17-211.
(4) In accordance with Ark. Code Ann. §
									7-6-217,
		  Commissioners shall be appointed for terms of five (5) years and they shall
		  continue to serve until their successors have been appointed and taken the
		  official oath. No person may be appointed to serve consecutive terms on the
		  Commission; provided, however, that any Commissioner who has been appointed to
		  serve two (2) years or less of an unexpired term shall be eligible for an
		  appointment to a subsequent five (5) year term.
(5) The Commission shall annually elect one
		  of its members to serve as chairman for a term of one (1) year. The Commission
		  may elect a vice-chairman and such other officers as a majority of the
		  Commissioners choose. The vice-chairman shall serve as chairman in the absence,
		  disqualification, or disability of the chairman.
(6) The election of officers shall be
		  conducted at the first regular meeting of the Commission following January 1 of
		  each year. The Commission may form such committees or subcommittees as it deems
		  necessary and/or appropriate to accomplish its legal aims and purposes. The
		  Commission may appoint one or more of its members to an unofficial committee or
		  subcommittee and may invite non-Commissioners to participate as unofficial
		  committee or subcommittee members.
(7) At each meeting of the Commission, three
		  (3) members shall constitute a quorum whether in person or by electronic or
		  telephonic means. However, an affirmative vote of at least three (3)
		  Commissioners physically present at a meeting is required before any
		  sanction(s) can be imposed. The vote of each member voting on any action shall
		  be a public record.
(8) A majority
		  of the members of the Commission present shall vote on any matter before the
		  Commission for any decision of the Commission to become effective. The
		  following matters shall be by motion, followed by a second, in order for a vote
		  of the Commission to be valid:
a. all matters
		  requiring affirmative action by the full Commission or one of its
		  members;
b. all decisions on public
		  positions taken by the full Commission;
c. all decisions on advisory opinions and
		  declaratory orders; and
d. all
		  decisions regarding findings of fact and conclusions of law or other actions
		  regarding a person accused of violating any laws under the Commission's
		  jurisdiction.
(9) The
		  Commission may, by majority vote, delegate the execution of any official duty
		  or action to its chairman, one of its members, or the director.
(10) A vacancy on the Commission shall not
		  impair the right of the Commission to exercise its statutory powers and
		  authority, subject to the requirement that a quorum be present and
		  participating before any action of the Commission shall be considered
		  valid.
(11) No Commissioner shall
		  be a federal, state or local government official or employee, an elected public
		  official, a candidate for public office, a lobbyist as defined in Ark. Code
		  Ann. §
									21-8-402(11),
		  or an officer or paid employee of an organized political party as defined in
		  Ark. Code Ann. §
									7-1-101(26).
(12) Each Commissioner, during the entire
		  term of his or her service on the Commission, shall be prohibited from
		  participating in, raising funds for, making contributions to, providing
		  services to, or lending his or her name in support of any candidate for
		  election to a state, district, county, municipal, or school board office or in
		  support of a ballot issue or issues submitted or intended to be submitted to
		  voters of the State of Arkansas, excluding the exercise of the right to vote or
		  the mere signing of an initiative or referendum petition. This prohibition
		  shall not extend to the spouse or family members of a Commissioner nor to his
		  or her business partners or professional associates.
(13) Unless required for the disposition of
ex parte
matters authorized by law, the Commissioners shall
		  not communicate, directly or indirectly, in connection with any issue of fact
		  with any person, including the complainant and the respondent nor, in
		  connection with any issue of law, with either the complainant or respondent, or
		  their representatives, except upon notice and opportunity for the complainant
		  and respondent to participate.