Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 05 - Division of Revenues › Rule 006.05.98-021 - Regulation 1998-4 - Administration of Justice Fund

Current through Register Vol. 49, No. 6, June, 2024
Pursuant to the authority granted by Act 1256 of 1995, as
				amended by Section 5 of Act 1341 of 1997, the Director of the Department of
				Finance and Administration, in compliance with Ark. Code Ann. §
								25-15-204
				and with the approval of the Governor, does hereby promulgate the following
				rules and regulations for the enforcement and administration of Ark. Code Ann.
				§
								16-10-602.
AJ-1.001
DEFINITIONS.
For
			 purposes of this regulation, unless otherwise required by their context, the
			 following definitions apply:
(A)
			 ADJUDICATION. The term "adjudication" shall mean the Department administrative
			 process for the formulation of an Administrative Adjudication
			 Decision.
(B) ADMINISTRATIVE
			 ADJUDICATION DECISION. The term "Administrative Adjudication Decision" shall
			 mean the final written decision of the Office of Hearings and Appeals
			 concerning a Petition for Administrative Adjudication.
(C) ADMINISTRATIVE REVIEW DECISION. The term
			 "Adrninistrative Review Decision" shall mean the final written decision of the
			 Administration of Justice Fund Section concerning a Petition for Administrative
			 Review.
(D) APPROPRIATION. The term
			 "appropriation" shall mean the amount of money authorized to be expended for a
			 specific purpose.
(E) AUTHORIZING
			 SIGNATURE. The term "authorizing signature" shall mean the signature of the
			 Director of the Arkansas Department of Finance and Administration, or any of
			 his duly authorized agents.
(F)
			 BUDGET. The term "budget" shall mean budget items requested by the Department
			 which are applicable under Act 125$ of 1995 as amended by Act 1341 of 1997 as
			 payable from the entity's court costs or filing feek'tq city oi county
			 liabilities.
(G) CITY FUND. The
			 term "City Fund" shall mean the City Administration of Justice Fund created by
			 Act 1256 of 1995, as amended by Act 1341 'of 1997
(H) CONTACT PERSON. The term "contact person"
			 shall mean the person authorized by the Director to:
(1) Receive information relating to issues
			 raised by the entity; and
(2)
			 Answer questions relating to the administrative regulation.
(I) COUNTY FUND. The term "County
			 Fund" shall mean the County Administration of Justice Fund created by Act 1256
			 of 1995, as amended by Act 1341 of 1997.
(J) DAYS. The term "days" shall mean calendar
			 days.
(K) DEPARTMENT. The term
			 "Department" shall mean the Arkansas Department of Finance and
			 Administration.
(L) DIRECTOR. The
			 term "Director" shall mean the Director of the Arkansas Department of Finance
			 and Administration, or any of his duly authorized agents.
(M) ENTITY. The term "entity" shall mean the
			 county, city or other municipality requesting relief under Act 1341 of
			 1997.
(N) FILED. The term "filed"
			 shall mean that a document required to be filed by this regulation has been
			 submitted to the Department in accordance with this regulation.
(O) GROSS INADEQUACY. The term "gross
			 inadequacy" shall mean the inability to adequately fund operations of those
			 programs or agencies mandated to be funded by the County Fund or the City Fund
			 as directed by Act 1256 of 1995, as amended by Act 1341 of 1997, due in part
			 but not limited to the following conditions:
(1) The base year, defined in Act 1256 of
			 1995 as amended by Act 1341 of 1997, used to calculate an entity's share of
			 court costs and filing fees is not representative of the court's normal level
			 of collections.
(2) A significant
			 increase in filed cases in an entity's court.
(P) PARTY. The term "party" shall mean any
			 person or agency named or admitted as a party in any proceeding under this
			 regulation.
(Q) PERSON. The term
			 "person" shall mean any individual, partnership, corporation, association, or
			 public or private organization of any character.
(R) PETITION FOR ADMINISTRATIVE ADJUDICATION.
			 The term "Petition for Administrative Adjudication" shall mean the written
			 request for relief by an entity to the Office of Hearings and Appeals
			 challenging the decision of the Administration of Justice Fund Section
			 concerning the entity's Petition for Administrative Review.
(S) PETITION FOR ADMINISTRATIVE REVIEW. The
			 term "Petition for
Administrative Review" shall mean the written request for
				relief by an entity to the Administration of Justice Fund Section challenging
				the amount of the city or county certified monthly share of court costs or
				filing fees to be retained by said city or county in a certain fiscal
				year
(T) PETITIONER. The
			 term "Petitioner" shall mean an entity filing a Petition for Administrative
			 Review or a Petition for Administrative Adjudication under this
			 regulation.
(U) RULE. The term
			 "Rule" shall mean any Department statement of general applicability and future
			 effect that implements, interprets, or prescribes law or policy, or describes
			 the organization, procedure, or practice of the Department.
(V) RULE MAKING. The term "rule making" shall
			 mean the Department process for the formulation, amendment, or repeal of a
			 rule.
(W) SECTION. The term
			 'Section" shall mean the Administration of Justice Fund Section created by Act
			 1256 of 1995, as amended by Act 1341 of 1997.
(X) STATE FUND. The term 'State Fund" shall
			 mean the State Administration of Justice Fund created by Act 1256 of 1995, as
			 amended by Act 1341 of 1997.