Arkansas Administrative Code › Agency 153 - Arkansas Ethics Commission › Rule 153.00.98-004 - 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 set policy under authority of the ethics, conflicts
			 of interest, lobbying, campaign finance disclosure 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 enforcement body for those alleged to have
			 violated those laws under its jurisdiction. Information may be obtained from
			 the Commission by written request. The Commission staff, which may consist of
			 an executive director, staff attorney(s), director of compliance and others,
			 act 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 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(c),
			 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 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 or 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) The Commissioners shall be appointed in
		  compliance with Ark. Code Ann. §
									7-6-217,
		  and each Commissioner shall serve for one term of five (5) years, so long as he
		  or she maintains good moral character. 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 other such 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 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
		  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 executive
		  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 by Ark. Code Ann. §
									21-8-402(11),
		  or an officer or paid employee of an organized political party as defined by
		  Ark. Code Ann. §
									7-1-101(1).
(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 accused nor, in connection with any issue of
		  law, with either the complainant or the accused, or their representatives,
		  except upon notice and opportunity for the complainant and accused to
		  participate.