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Form a Business

Administrative Procedures

Ark. Code Ann. tit. 25, ch. 15
in effect

Ark. Code Ann. § 25-15-101 Interpreters generally.

(a) As used in this section, “interpreter” means an interpreter as defined in § 25-15-102. (b) A person who cannot speak or understand the English language or who because of hearing, speaking, or other impairment has difficulty in communicating with other persons and who is a party to a civil proceeding or a witness in a civil proceeding is entitled to an interpreter to assist that person throughout the proceeding. (c)(1) An interpreter may be retained by the party or witness himself or herself or, if the person is unable to pay for an interpreter, may be appointed by the administrative board or agency before which the proceeding is pending. (2) If an interpreter is appointed by the board or agency, the fee for the services of the interpreter shall be set by the board or agency and be paid from funds available to the board or agency or be paid in any other manner ordered by the board or agency. (d) An administrative agency may inquire into the qualifications and integrity of an interpreter and may disqualify any person for cause from serving as an interpreter. (e) An interpreter for another person who is either a party or a witness in an administrative proceeding under this section shall take the following oath: “Do you solemnly swear (or affirm) that you will justly, truly, and impartially interpret to the oath about to be administered to him (her), and the questions which may be asked him (her), and the answers that he (she) shall give to such questions, relative to the cause now under consideration before this board (agency), so help you God (or under the pains and penalties of perjury)?”

Ark. Code Ann. § 25-15-102 Interpreters between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf.

(a) For the purpose of appointing an interpreter between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf under § 25-15-101: (1) “Administrative proceeding” means a proceeding of a department, board, commission, agency, committee, or licensing authority of the state or of a political subdivision or municipality; (2) “Deaf individual” means an individual who has a documented hearing loss so severe that the individual is unable to process speech and language through hearing, with or without amplification; (3) “Deafblind individual” means an individual who has a combined loss of vision and hearing that prevents the individual's vision or hearing from being used as a primary source for accessing information; (4) “Hard of hearing individual” means an individual who has a hearing loss, may primarily use visual communication, and may use assistive devices; (5) “Interpreter” means a licensed qualified interpreter or a licensed provisional interpreter licensed by the Department of Health under § 20-14-801 et seq.; (6) “Oral deaf individual” means an individual whose sense of hearing is nonfunctional for the purpose of communication and whose primary communication is by speech reading and spoken English; and (7) “Oral interpreter” means a licensed qualified interpreter or a licensed provisional interpreter who interprets language through facial and lip movements only and who does not use manual communication. (b)(1) An interpreter shall not be appointed unless the appointing authority and the individual who is deaf, deafblind, hard of hearing, or oral deaf makes a preliminary determination that the interpreter is able to readily communicate with the individual who is deaf, deafblind, hard of hearing, or oral deaf and is able to accurately interpret the statements of the individual who is deaf, deafblind, hard of hearing, or oral deaf and interpret the proceedings in which an individual who is deaf, deafblind, hard of hearing, or oral deaf may be involved. (2) An individual who is deaf, deafblind, hard of hearing, or oral deaf entitled to an interpreter under § 25-15-101 is entitled to an interpreter as defined by this subsection. (c)(1) An oral interpreter shall be provided upon the request of an individual who is deaf, deafblind, hard of hearing, or oral deaf who does not communicate in sign language. (2)(A) The right of an individual who is oral deaf to an interpreter may not be waived except by an individual who is oral deaf who does not use sign language and who initiates the request for a waiver in writing. (B) The waiver is subject to approval of counsel to the individual who is oral deaf, if existent, and is subject to approval of the appointing authority. (d) A department, board, commission, agency, committee, or licensing authority of the state or of a political subdivision or municipality shall appoint an interpreter to interpret an administrative proceeding to an individual who is deaf, deafblind, hard of hearing, or oral deaf and to interpret the testimony or statements of the individual who is deaf, deafblind, hard of hearing, or oral deaf. (e)(1) An individual who is deaf, deafblind, hard of hearing, or oral deaf whose appearance before a proceeding entitles him or her to an interpreter shall notify the appointing authority of the need of the individual who is deaf, deafblind, hard of hearing, or oral deaf before an appearance and shall request at that time the services of an interpreter. (2)(A) If an individual who is deaf, deafblind, hard of hearing, or oral deaf reasonably expects the need for an interpreter to be for a period greater than a single day, the individual who is deaf, deafblind, hard of hearing, or oral deaf shall notify the appointing authority. (B) This notification shall be sufficient for the duration of the participation of the individual who is deaf, deafblind, hard of hearing, or oral deaf in the proceedings. (f) An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of the deafness of the individual who is deaf, deafblind, hard of hearing, or oral deaf when the appointing authority has reason to believe that the deaf person, deafblind person, hard of hearing person, or oral deaf person is not deaf, deafblind, hard of hearing, or oral deaf. (g) The appointing authority shall channel requests for qualified interpreters through the Department of Health. (h) Before an interpreter participates in any proceedings subsequent to an appointment under this section, the interpreter shall make an oath or affirmation that the interpreter will: (1) Make a true interpretation in an understandable manner to the individual who is deaf, deafblind, hard of hearing, or oral deaf for whom the interpreter is appointed; and (2) Interpret the statements of the individual who is deaf, deafblind, hard of hearing, or oral deaf desiring that statements be made in the language best suited to the needs of the individual who is deaf, deafblind, hard of hearing, or oral deaf. (i) The appointing authority shall provide recess periods as necessary for the interpreter when the interpreter requests a recess period. (j) Information that the interpreter gathers, learns from, or relays to the individual who is deaf, deafblind, hard of hearing, or oral deaf pertaining to an administrative, civil, or criminal proceeding shall at all times remain confidential and privileged, on an equal basis with the attorney-client privilege, unless the individual who is deaf, deafblind, hard of hearing, or oral deaf desires that the information be communicated to other persons. (k)(1) An interpreter appointed under this section is entitled to a reasonable fee for his or her services. (2) The fee shall be in accordance with standards established by the Department of Health and in addition to actual expenses for travel and transportation. (3)(A) If the interpreter is appointed by a court, the fee shall be paid out of general county funds. (B) If the interpreter is otherwise appointed, the fee shall be paid out of funds available to the appointing authority.

Ark. Code Ann. § 25-15-103 Stay of proceedings in which party or attorney is a member or an employee of either branch of the General Assembly.

(a)(1) Any and all administrative hearings before an agency of this state in which any attorney for either party to any suit is the Lieutenant Governor, or a member of the Senate or the House of Representatives, or is a clerk or sergeant at arms or a doorkeeper of either branch of the General Assembly, and any and all administrative hearings before an agency of this state in which the Lieutenant Governor, or any member of the General Assembly, or clerk or sergeant at arms or doorkeeper of either branch of the General Assembly is a party, shall be stayed for not fewer than fifteen (15) days preceding the convening of the General Assembly and for thirty (30) days after its adjournment sine die, unless otherwise requested by any interested member of the General Assembly or interested officer or employee of the General Assembly. (2) The motion for a continuance need not be reduced to writing. (3) It is not necessary that notice be afforded to opposing counsel that a continuance is sought. (b) Any and all administrative hearings before an agency of this state in which any attorney for either party to any suit is a member of the Legislative Council, the Legislative Joint Auditing Committee, or any interim committee of the General Assembly shall be stayed, or reset if scheduled, if the proceeding or hearing has been scheduled on the day immediately prior to, the day immediately after, or the day upon which the Legislative Council, Legislative Joint Auditing Committee, or any interim committee is meeting and if the attorney is a member of the committee which is meeting, or an alternate member attending in the place of a regular member, and the attorney requests the continuance of the court no fewer than three (3) days before the proceeding is to commence. (c) The term “adjournment sine die” as used in this section means adjournment without the establishment of a day certain for reconvening. (d) The provisions of this section shall be applicable in the case of special or extraordinary sessions of the General Assembly as well as regular sessions.

Ark. Code Ann. § 25-15-104 Subpoena powers.

(a)(1) The following boards and commissions shall have the power to issue subpoenas and bring before the board or commission as a witness any person in this state: (A) Auctioneer's Licensing Board, § 17-17-201 et seq.; (B) State Athletic Commission, § 17-22-201 et seq.; (C) Cosmetology Technical Advisory Committee, § 17-26-201 et seq.; (D) Arkansas Board of Examiners in Counseling, § 17-27-201 et seq.; (E) State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, § 23-61-1101 et seq.; (F) Committee of Plumbing Examiners, § 17-38-202; (G) Arkansas Social Work Licensing Board, § 17-103-201 et seq.; (H) HVACR Licensing Board, § 17-33-201 et seq.; (I) Liquefied Petroleum Gas Board, § 15-75-201 et seq.; (J) Judicial Discipline and Disability Commission, Arkansas Constitution, Amendment 66, and § 16-10-401 et seq.; (K) Arkansas Board of Animal Health, § 2-33-101 et seq.; (L) Arkansas Board of Dispensing Opticians, § 17-89-201 et seq.; (M) State Board of Election Commissioners, § 7-4-101 et seq.; (N) State Board of Health, § 20-7-101 et seq.; and (O) Arkansas Commission on Law Enforcement Standards and Training, § 12-9-101 et seq. (P) State Plant Board, § 2-16-206 et seq.; (Q) Arkansas Forestry Commission, § 15-31-101 et seq.; and (R) Arkansas Natural Resources Commission, § 15-20-201 et seq. (2) These boards and commissions shall provide by rule for the issuance of a subpoena upon the request of any party to a proceeding pending before the board or commission or at the request of the board or commission. (3) The subpoena shall: (A) Be in the name of the board or commission; (B) State the name of the board or commission and the name of the proceeding; and (C)(i) Command each person to whom it is directed to give testimony at the time and place specified in the subpoena in one (1) of the following ways: (a) In person; (b) Before a certified court reporter under oath at the place of the witness's residence or employment; (c) By video-taped deposition at the place of the witness's residence or employment; or (d) By live video communications from the witness' residence, place of employment, or a nearby facility capable of providing video transmission to the state agency that has subpoenaed the witness. (ii) The manner of providing testimony under the subpoena shall be conducted by in person testimony unless another manner is agreed upon by the board or commission and the person who is the subject of the subpoena. (4) The subpoena may require the witness to bring with him or her any book, writing, or other thing under his or her control that he or she is bound by law to produce in evidence. (5) Service of the subpoena shall be in the manner as now provided by statute or rule for the service of subpoenas in civil cases. (b)(1) A witness who has been served by subpoena in the manner provided by law and who appears in person to testify at the trial or cause pending before the board or commission shall be paid or tendered the legal fees for travel and attendance as provided by law. (2) In the event a witness has been served with subpoenas under this section and fails to provide testimony in obedience to the subpoena, the board or commission may apply to the circuit court of the county wherein the board or commission is having its meeting for an order causing the arrest of the witness and directing that the witness be brought before the court. (3) The court shall have the power to punish the disobedient witness for contempt as provided by the Arkansas Rules of Civil Procedure. (4) A witness who is served with a subpoena under this section may challenge the validity of the subpoena in the circuit court of the county where the board or commission is having its meeting or the Pulaski County Circuit Court. (c) This section is intended to be supplemental and add the power to issue subpoenas to the various chapters of the Code that do not now provide the power to do so. This section shall not repeal any law or part of laws now in existence.

Ark. Code Ann. § 25-15-105 Administrative fees and penalties.

(a) As used in this section, “agency” means the same as defined at § 25-15-202. (b)(1) An agency shall not assess a fee or penalty without specific statutory authority to: (A) Assess a certain type and amount of fee or penalty; or (B) Impose a fee or penalty in general. (2)(A) An agency assessing or imposing a fee or penalty shall promulgate the fee or penalty by rule. (B) An agency is not required to promulgate a fee or penalty by rule if the specific amount of the fee or penalty is set by statute; and (C) A rule assessing or imposing a fee or penalty shall be submitted to Legislative Council for review and approval before a fee or penalty may be assessed or imposed by the agency. (c) Subsection (b) of this section does not affect an agency's authority to deny, suspend, and revoke licenses within its regulatory authority.

Ark. Code Ann. § 25-15-203 Rules — Required rules — Public inspection.

(a) In addition to other rulemaking requirements imposed by law, each agency shall: (1) Adopt as a rule a description of its organization, stating the general course and method of its operations, including the methods whereby the public may obtain information or make submissions or requests; (2) Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency; (3) Make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions; and (4) Make available for public inspection all orders, decisions, and opinions. (b) No agency rule, order, or decision shall be valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been filed and made available for public inspection as required in this subchapter. This provision shall not apply in favor of any person or party with actual knowledge of an agency rule, order, or decision. (c) To the extent possible, a rule shall be written in plain language.

Ark. Code Ann. § 25-15-205 Rules — The Arkansas Register.

(a)(1) The Secretary of State shall compile, index, and publish on its website a document to be known as “The Arkansas Register”. (2) The register shall contain: (A) A copy of each rule, including without limitation an emergency rule, proposed by an agency; (B) A financial impact statement for the proposed rule; (C) The notice for the adoption, amendment, or repeal of any rule required to be published on the internet under § 25-15-204; (D) A statement setting forth the reason for the proposed rule; and (E) A summary of the proposed rule. (3) The inclusion of a direct link to an electronic version of the information under subdivision (a)(2) of this section shall satisfy the requirements of this section. (4)(A) The Secretary of State may omit from publication in the register any rule in which publication would be unduly cumbersome, expensive, or otherwise impractical. (B) If a rule is omitted from publication under subdivision (a)(4)(A) of this section, the register shall indicate where and how a copy of the omitted rule may be obtained. (b) The Secretary of State shall update the register at least monthly no later than the first Tuesday of every month, setting forth a synopsis of rules filed by agencies. (c)(1) If requested, a printed copy of the register shall be furnished to all state agencies and other persons at prices fixed by the Secretary of State to cover publication and mailing costs. (2) Proceeds from the sale of the register shall be deposited into the Constitutional Officers Fund and the State Central Services Fund in the State Treasury. (d) A progress report on publication and distribution shall be provided to the Legislative Council annually.

Ark. Code Ann. § 25-15-206 Rules — Declaratory orders.

Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory orders as to the applicability of any rule, statute, or order enforced by it. These declaratory orders shall have the same status as agency orders in cases of adjudication.

Ark. Code Ann. § 25-15-207 Rules — Actions for declaratory judgments.

(a) The validity or applicability of a rule may be determined in an action for declaratory judgment if it is alleged that the rule, or its threatened application, injures or threatens to injure the plaintiff in his or her person, business, or property. (b) The action may be brought in the circuit court of any county in which the plaintiff resides or does business or in Pulaski County Circuit Court. (c) The agency shall be made defendant in that action. (d) A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.

Ark. Code Ann. § 25-15-208 Administrative adjudication — Procedures generally.

(a) In every case of adjudication: (1) All parties shall be afforded an opportunity for hearing after reasonable notice; (2) The notice shall include: (A) A statement of the time, place, and nature of the hearing; (B) A statement of the legal authority and jurisdiction under which the hearing is to be held; and (C) A short and plain statement of the matters of fact and law asserted; (3) In every case of adjudication wherein an agency seeks to revoke, suspend, or otherwise sanction a license or permit holder, the agency or its attorney, upon the request of the license or permit holder, must provide the following information prior to conducting a hearing of adjudication: (A) The names and addresses of persons whom the agency intends to call as witnesses at any hearing; (B) Any written or recorded statements and the substance of any oral statements made by the license or permit holder, or a copy of the same; (C) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations, scientific tests, experiments, or comparisons, or copies of the same; (D) Any books, papers, documents, photographs, or tangible objects which the agency intends to use in any hearing or which were obtained from or belong to the license or permit holder, or copies of the same; (E) Disclosure shall not be required of research or records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the attorney for the agency or members of his or her staff or other state agents; (4) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved; (5) The record shall include: (A) All pleadings, motions, and intermediate rulings; (B) Evidence received or considered, including, on request of any party, a transcript of oral proceedings or any part thereof; (C) A statement of matters officially noticed; (D) Offers of proof, objections, and rulings thereon; (E) Proposed findings and exceptions thereto; and (F) All staff memoranda or data submitted to the hearing officer or members of an agency in connection with their consideration of the case; (6) Findings of fact shall be based exclusively on the evidence and on matters officially noticed; (7)(A) If the agency is authorized by law to issue subpoenas for the attendance and testimony of witnesses and the production of documents or things, then any party shall to the same extent be so authorized, and the agency shall issue a subpoena forthwith on written application thereof. (B) A subpoena may be served in the manner as now provided for by statute or rule for the service of subpoenas in civil cases or by any form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or agent of the addressee. (b) Nothing in this subchapter shall prohibit informal disposition by stipulation, settlement, consent order, or default.

Ark. Code Ann. § 25-15-209 Administrative adjudication — Communication by decision maker.

(a) Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make final or proposed findings of fact or conclusions of law in any case of adjudication shall not communicate, directly or indirectly, in connection with any issue of fact with any person or party nor, in connection with any issue of law, with any party or his or her representative, except upon notice and opportunity for all parties to participate. (b) An agency member may: (1) Communicate with other members of the agency; and (2) Have the aid and advice of one (1) or more personal assistants.

Ark. Code Ann. § 25-15-210 Administrative adjudication — Decisions.

(a) When, in a case of adjudication, a majority of the officials of the agency who are to render the decision have not heard the case or read the record, the decision, if adverse to a party other than the agency, shall not be made until a proposal for decision is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary thereto, prepared by the person who conducted the hearing. (b)(1) In every case of adjudication, a final decision or order shall be in writing or stated in the record. (2) A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. (c)(1) Parties shall be served either personally or by mail with a copy of any decision or order. (2) In addition to the manner of service provided under subsection (c)(1) of this section, administrative adjudication decisions made by the Department of Human Services may be served electronically by e-mail if the party consents.

Ark. Code Ann. § 25-15-211 Administrative adjudication — Licenses — Definition.

(a) When the grant, denial, or renewal of a license is required by law to be preceded by notice and an opportunity for hearing, the provisions of this subchapter concerning cases of adjudication apply. (b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license shall not expire until the application has been finally determined by the agency and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order, or a later date fixed by order of the reviewing court. (c) No revocation, suspension, annulment, or withdrawal of any license is lawful unless the agency gives notice by mail to the licensee of facts or conduct warranting the intended action and unless the licensee is given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined. (d)(1) A complaint filed by an offender with a state licensing board or state licensing agency against a licensee of the board or agency shall not be heard by the board or agency unless the complaint is accompanied by appropriately verified documentation showing that the offender has exhausted all administrative remedies under the Division of Correction grievance procedure. (2) For purposes of this section, “offender” means any person sentenced to the Division of Correction or sentenced to the Division of Correction for judicial transfer to the Division of Community Correction or any person confined in a community correction center as a condition of probation, suspended imposition of sentence, or post prison transfer.

Ark. Code Ann. § 25-15-212 Administrative adjudication — Judicial review.

(a) In cases of adjudication, any person, except an inmate under sentence to the custody of the Division of Correction, who considers himself or herself injured in his or her person, business, or property by final agency action shall be entitled to judicial review of the action under this subchapter. Nothing in this section shall be construed to limit other means of review provided by law. (b)(1) Proceedings for review shall be instituted by filing a petition within thirty (30) days after service upon petitioner of the agency's final decision in: (A) The circuit court of any county in which the petitioner resides or does business; or (B) Pulaski County Circuit Court. (2) Copies of the petition shall be served upon the agency and all other parties of record in accordance with the Arkansas Rules of Civil Procedure. (3) In its discretion, the court may permit other interested persons to intervene. (c) The filing of the petition does not automatically stay enforcement of the agency decision, but the agency or reviewing court may do so upon such terms as may be just. However, on review of disciplinary orders issued by professional licensing boards governing professions of the healing arts, the reviewing court, only after notice and hearing, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of review proceedings. (d)(1) Within thirty (30) days after service of the petition or within such further time as the court may allow but not exceeding an aggregate of ninety (90) days, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. (2) The cost of the preparation of the record shall be borne by the agency. However, the cost of the record shall be recovered from the appealing party if the agency is the prevailing party. (3) By stipulation of all parties to the review proceeding, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. (4) The court may require or permit subsequent corrections or additions to the record. (e) If review proceedings have been instituted in two (2) or more circuit courts with respect to the same order, the agency concerned shall file the record in the court in which a proceeding was first instituted. The other courts in which the proceedings are pending shall thereupon transfer them to the court in which the record has been filed. (f) If before the date set for hearing, application is made to the court for leave to present additional evidence and the court finds that the evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon any conditions which may be just. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court. (g) The review shall be conducted by the court without a jury and shall be confined to the record, except that in cases of alleged irregularities in procedure before the agency not shown in the record, testimony may be taken before the court. The court shall, upon request, hear oral argument and receive written briefs. (h) The court may affirm the decision of the agency or remand the case for further proceedings. It may reverse or modify the decision if the substantial rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the agency's statutory authority; (3) Made upon unlawful procedure; (4) Affected by other error or law; (5) Not supported by substantial evidence of record; or (6) Arbitrary, capricious, or characterized by abuse of discretion. (i) Any agency order which is affirmed or affirmed in part by the court shall be a final judgment subject to writ of garnishment or execution to the extent it is affirmed.

Ark. Code Ann. § 25-15-213 Hearings generally.

In every case of adjudication, and in cases of rule making in which rules are required by law to be made on the record after opportunity for an agency hearing, and in cases of rule making in which, pursuant to § 25-15-204(a)(2) , the agency shall direct that oral testimony be taken or a hearing held: (1) Any person compelled to appear before any agency or representative thereof shall have the right to be accompanied and advised by counsel. Every party shall have the right to appear in person or by counsel; (2)(A) There shall preside at the hearing: (i) The agency; (ii) One (1) or more members of the agency; or (iii) One (1) or more examiners or referees designated by the agency. (B) All presiding officers and all officers participating in decisions shall conduct themselves in an impartial manner and may at any time withdraw if they deem themselves disqualified. (C) Any party may file an affidavit of personal bias or disqualification. The affidavit shall be ruled on by the agency and granted if timely, sufficient, and filed in good faith; (3)(A) Presiding officers shall have power, pursuant to published procedural rules of the agency: (i) To issue subpoenas if the agency is authorized by law to issue them; (ii) To administer oaths and affirmations; (iii) To maintain order; (iv) To rule upon all questions arising during the course of a hearing or proceeding; (v) To permit discovery by deposition or otherwise; (vi) To hold conferences for the settlement or simplification of issues; (vii) To make or recommend decisions; and (viii) Generally to regulate and guide the course of the pending proceeding. (B) In any proceeding before any agency, if any person refuses to respond to a subpoena, refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or refuses to obey any lawful order of an agency contained in its decision rendered after hearing, the agency or the presiding officer of the agency hearing may apply to the circuit court of the county where the proceedings were held or are being held or to the circuit court of the county where a petition for judicial review was filed for an order directing that person to take the requisite action or to otherwise comply with the order of the agency. The court shall issue the order in its discretion. Should any person willfully fail to comply with an order so issued, the court shall punish him or her as for contempt; (4) Except as otherwise provided by law, the proponent of a rule or order shall have the burden of proof. Irrelevant, immaterial, and unduly repetitious evidence shall be excluded. Any other oral or documentary evidence, not privileged, may be received if it is of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted of record. When a hearing will be expedited and the interests of the parties will not be substantially prejudiced, any part of the evidence may be received in written form; (5) Parties shall have the right to conduct such cross examination as may be required for a full and true disclosure of the facts; and (6) Official notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified of material so noticed, including any staff memoranda or data, and shall be afforded a reasonable opportunity to show the contrary.

Ark. Code Ann. § 25-15-214 Failure of agency to act — Action by injured party.

In any case of rule making or adjudication, if an agency shall unlawfully, unreasonably, or capriciously fail, refuse, or delay to act, any person who considers himself or herself injured in his or her person, business, or property by the failure, refusal, or delay may bring suit in the circuit court of any county in which he or she resides or does business, or in Pulaski County Circuit Court, for an order commanding the agency to act.

Ark. Code Ann. § 25-15-215 Model rules.

(a)(1) The Attorney General shall publish model rules of procedure for use by agencies. (2) The model rules shall include general functions and duties commonly performed by agencies. (b)(1) Each agency created after August 13, 2001, shall adopt, in accordance with the provisions of this subchapter, those model rules that are practicable. (2) Any agency that adopts a rule of procedure that differs from the model rule, in conjunction with adopting the rule of procedure, shall state the reason why the relevant portions of the model rules are impracticable.

Ark. Code Ann. § 25-15-216 Review of agency rules.

(a)(1) As soon as is practicable after each regular session and fiscal session of the General Assembly, each agency shall review any newly enacted laws to determine whether: (A) Any existing rule should be repealed or amended; or (B) Any new rule should be adopted. (2) At the conclusion of each review, the agency shall adopt a written report of the result of the review. (3) A copy of each report shall be maintained as a public record by the agency. (b)(1) If an agency determines that a newly enacted law requires the repeal or amendment of an existing rule or the adoption of a new rule and the newly enacted law does not provide a specific date for the repeal, amendment, or adoption of the rule, the final version of the new, amended, or repealed rule shall be filed for adoption with the Secretary of State: (A) On or before June 1 of the following year, if the newly enacted law results from a regular or fiscal session of the General Assembly; (B) On or before the one hundred eightieth day following sine die adjournment, if the newly enacted law results from a special session of the General Assembly; or (C) If approval of a rule under § 10-3-309 has not occurred by the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section, as soon as practicable after approval under § 10-3-309. (2) An agency shall file the proposed rule with the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, under § 10-3-309 sufficiently in advance of the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section so that the Legislative Council or Joint Budget Committee may consider the rule for approval before the appropriate date. (3)(A) No later than sixty (60) days following the sine die adjournment of a regular session of the General Assembly, the Bureau of Legislative Research shall file with the Legislative Council a report identifying the rules required by newly enacted laws that it has determined shall be filed for adoption on or before June 1 of the year following a regular session of the General Assembly. (B) The report under subdivision (b)(3)(A) of this section shall only include rules specifically required by a newly enacted law. (C) An agency shall promulgate a rule it determines is required under subdivision (a)(1) of this section regardless of whether the rule appears on the report under subdivision (b)(3)(A) of this section. (4) The executive head of an agency or his or her designee shall provide monthly written updates on the agency's progress in promulgating a rule it determines is required under subdivision (a)(1) of this section, including without limitation a rule identified in the report under subdivision (b)(3)(A) of this section, to the Legislative Council or its appropriate subcommittee until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State on or before the required date under subdivision (b)(1) of this section. (5)(A)(i) If an agency fails to file the final version of the new, amended, or repealed rule for adoption as required by subdivision (b)(1) of this section, the executive head of the agency at issue or his or her designee shall appear before the Legislative Council or its appropriate subcommittee on a monthly basis until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State. (ii) If the rule the agency failed to file under subdivision (b)(5)(A)(i) of this section resulted from a newly enacted law at a regular session of the General Assembly, the executive head of the agency at issue or his or her designee shall appear before the Legislative Council or its appropriate subcommittee on a monthly basis until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State if the final version of the new, amended, or repealed rule has not been filed for adoption by June 1 of the year following the regular session of the General Assembly. An appearance under this subdivision (b)(5)(A)(ii) shall be in lieu of a monthly written update under subdivision (b)(4) of this section. (B) When appearing before the Legislative Council or its appropriate subcommittee, the executive head of the agency at issue or his or her designee shall: (i) Describe why the agency has been unable to comply with subdivision (b)(1) of this section; (ii) Provide an update on the current status of the necessary rule changes; (iii) Describe the steps the agency is taking to address the failure to comply with subdivision (b)(1) of this section; and (iv) Provide an anticipated date for when the final version of the new, amended, or repealed rule will be filed for adoption with the Secretary of State. (C)(i) An agency shall not be required to appear before the Legislative Council or its appropriate subcommittee under this subdivision (b)(5) if the newly enacted law requiring the new, amended, or repealed rule is the subject of litigation. (ii) The agency shall provide written notification to the Legislative Council or its appropriate subcommittee of the litigation involving the newly enacted law and update the written notification when the litigation is resolved. (c)(1) If a newly enacted law specifically requires the adoption of a rule by an agency and the agency believes that a rule is not necessary for the operation of the newly enacted law, it may submit a written request to the Legislative Council or its appropriate subcommittee: (A) Notifying the Legislative Council or its appropriate subcommittee of the agency's intent to not adopt the required rule; and (B) Requesting that the rule it believes is not necessary be excluded from the requirements of subdivisions (b)(3)-(5) of this section. (2) The Legislative Council or its appropriate subcommittee may exclude an agency from the requirements of subdivisions (b)(3)-(5) of this section if it determines that the required rule is not necessary, including without limitation determining that the required rule would merely restate the newly enacted law.

Ark. Code Ann. § 25-15-217 Alternative sanctions.

(a)(1) Each agency which may suspend, revoke, or deny a license for acts or omissions or other conduct as provided by law may impose alternative sanctions set forth in subsection (b) of this section. (2) The penalties set forth in subsection (b) of this section shall be supplemental to any agency's authority to impose penalties upon any person or entity under the agency's jurisdiction. (b) Each agency may impose on any person or entity under the agency's jurisdiction: (1) A monetary penalty not to exceed five hundred dollars ($500) for each violation; (2) A requirement that the person complete appropriate education programs or courses, or both; (3) A requirement that the person or entity successfully complete: (A) A licensing examination; (B) A credentialing examination; or (C) Any other examination required in order to obtain a permit, license, registration, or credential; (4) Conditions or restrictions upon regulated activities of the holder of a license, permit, certificate, credential, registration, or other authority; and (5) Other requirements or penalties as may be appropriate under the circumstances of the case and which would achieve the agency's desired disciplinary purposes, but which would not impair the public health and welfare. (c) The agency may file suit to collect any monetary penalty assessed pursuant to this subchapter, if the penalty is not paid within the time prescribed by the agency, in either Pulaski County Circuit Court or the circuit court of any county in which the person or entity under the agency's jurisdiction: (1) Resides; or (2) Does business. (d) Upon imposition of a sanction against a person or entity under the agency's jurisdiction, the agency may order that the license, permit, certification, credential, or registration be suspended until the person or entity has complied in full with all applicable sanctions imposed pursuant to this section. (e)(1) Each violation shall constitute a separate violation. (2) The power and authority of the agency to impose a sanction authorized in this section shall not be affected by any other civil or criminal proceeding concerning the same violation.

Ark. Code Ann. § 25-15-218 Code of Arkansas Rules.

(a) The Bureau of Legislative Research shall: (1)(A)(i) Compile, format, and index a codification of the general and permanent rules of agencies to be known as the “Code of Arkansas Rules”. (ii) The bureau shall not include in the Code of Arkansas Rules an emergency rule promulgated under § 25-15-204(c). (B)(i) In carrying out the codification under subdivision (a)(1)(A)(i) of this section, the bureau shall have the same powers and duties related to the Code of Arkansas Rules as the Arkansas Code Revision Commission, Code Revisor, and bureau have related to the Arkansas Code of 1987 Annotated under § 1-2-303(d)(1). (ii) The bureau shall not make any change in the substance or meaning of any provision of a rule. (C)(i) The bureau shall consult with an agency when codifying a rule of that agency. (ii) An agency that objects to the form of the codification of a rule by the bureau may appeal the codification of the rule to the: (a) Legislative Council or a subcommittee of the Legislative Council designated for that purpose; or (b) If the General Assembly is in session, the Joint Budget Committee or a subcommittee of the Joint Budget Committee designated for that purpose; (2)(A) Develop a uniform style, format, and numbering system for the rules in the Code of Arkansas Rules. (B) The uniform style, format, and numbering system developed under subdivision (a)(2)(A) of this section shall conform as nearly as practical to the style of the Arkansas Code of 1987 Annotated. (C) Rules included in the Code of Arkansas Rules shall be cited and referred to by the numbering system established under subdivision (a)(2)(A) of this section; (3) Communicate to agencies the uniform style, format, and numbering system; (4)(A) Cause the Code of Arkansas Rules to be published as an online searchable database that is available for use by the general public at no charge. (B) The online searchable database under subdivision (a)(4)(A) of this section shall: (i) Constitute the official version of the Code of Arkansas Rules; and (ii) Be prima facie evidence of the rules contained in the Code of Arkansas Rules. (C) In no event shall the bureau be required to produce a print version of the Code of Arkansas Rules, including without limitation in response to a request under the Freedom of Information Act of 1967, § 25-19-101 et seq.; (5) Update the Code of Arkansas Rules at least monthly with the current version of each rule adopted by an agency; and (6) Indicate in bold type on the webpage of the Code of Arkansas Rules the date of the latest update. (b) Each agency shall draft its rules to comply with the uniform style, format, and numbering system developed by the bureau under subdivision (a)(2) of this section. (c)(1) Except as provided in subdivision (c)(2) of this section, a rule that is not included in the Code of Arkansas Rules is not enforceable by the agency promulgating the rule. (2)(A) The bureau may omit from publication in the Code of Arkansas Rules any rule in which publication would be unduly cumbersome, expensive, or otherwise impractical. (B) If a rule is omitted from publication under subdivision (c)(2)(A) of this section, the Code of Arkansas Rules shall indicate where and how a copy of the omitted rule may be obtained. (3) Unless otherwise provided by law, all rules, portions of rules, and amendments to rules in effect and in the form in which they existed immediately preceding the effective date of the Code of Arkansas Rules are repealed upon the Code of Arkansas Rules becoming effective. (d)(1) The bureau may enter into a professional services contract to assist in carrying out the duties under this section. (2) The bureau shall retain the copyright over the Code of Arkansas Rules. (e)(1) The bureau may prepare guidance documents for agencies regarding matters necessary for the implementation of this section, including without limitation the: (A) Form and style of content that will be included in the Code of Arkansas Rules; and (B) Submission of information to the bureau for inclusion in the Code of Arkansas Rules. (2) A guidance document under subdivision (e)(1) of this section is not a rule under § 25-15-202. (f)(1) The bureau may make a technical correction to a rule codified in the Code of Arkansas Rules: (A) Pursuant to the request of an agency; or (B)(i) Upon the bureau's own initiative. (ii)(a) Before making a technical correction under subdivision (f)(1)(B)(i) of this section, the bureau shall consult with the agency that promulgated the rule for which the correction is necessary. (b) An agency that objects to a technical correction made by the bureau under subdivision (f)(1)(B)(i) of this section may appeal the technical correction in the same manner that an agency may appeal the form of a codification of a rule under subdivision (a)(1)(C)(ii) of this section. (2) Technical corrections under this subsection may include without limitation changes to: (A) A website address; (B) A physical address; (C) A phone number; and (D) Contact information. (3) When making a technical correction under this subsection, the bureau shall not change the substance or meaning of a rule. (g) The bureau may omit from codification in the Code of Arkansas Rules provisions within a rule that, in the judgment of the bureau, are inappropriate in the Code of Arkansas Rules, including without limitation: (1) Effective date clauses; (2) Authority clauses; and (3) Severability clauses. (h)(1) The classification and organization of the titles, subtitles, chapters, parts, subparts, subchapters, sections, subsections, and subdivisions of the Code of Arkansas Rules, and any headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative or administrative construction shall be drawn from that classification or organization. (2) Unless otherwise provided in Arkansas law, title, chapter, subchapter, part, and subpart analyses, and the descriptive headings or catchlines immediately preceding or within the text of the individual sections of the Code of Arkansas Rules, except the section numbers included in the headings or catchlines immediately preceding the text of the sections, do not constitute part of the rule and shall in no manner limit or expand the construction of any portion of the rule. (3) All historical citations, annotations, and notes set out in the Code of Arkansas Rules are given for the purpose of convenient reference and do not constitute part of the rule. (i)(1) Except as otherwise specifically provided in Arkansas law, in the event any title, subtitle, chapter, part, subpart, subchapter, section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of the Code of Arkansas Rules is declared or adjudged to be invalid or unconstitutional, the declaration or adjudication shall not affect the remaining portions of the Code of Arkansas Rules, which shall remain in full force and effect as if the portion declared or adjudged invalid or unconstitutional was not originally a part of the Code of Arkansas Rules. (2) A rule is severable unless the rule specifically provides that it is not severable.

Ark. Code Ann. § 25-15-219 Publication on the Internet — Meeting dates.

(a)(1) Each agency shall publish on the Internet the date, time, and location of all of the agency's meetings and hearings that are open to the public. (2) The publication shall be made at www.arkansas.gov. (b) The agency shall publish the notice not less than three (3) days before the meeting or hearing is scheduled. (c) This section does not apply to emergency or special meetings that meet the requirements of § 25-19-106(b)(2).

Ark. Code Ann. § 25-15-220 Rulemaking power to be narrowly interpreted — Definitions.

(a) As used in this section: (1) “Rule” means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency; and (2)(A) “State agency” means an office, board, commission, department, council, bureau, governmental entity, or other agency of state government having authority to promulgate or enforce rules. (B) “State agency” includes without limitation the: (i) Arkansas State Game and Fish Commission, if the rule is promulgated under authority of a statute enacted by the General Assembly; and (ii) State Highway Commission and the Arkansas Department of Transportation, if the rule is promulgated under authority of a statute enacted by the General Assembly. (C) This section applies to one (1) or more of the following if the Legislative Council adopts rules under § 10-3-309(h)(2) including the respective entity in the definition of “state agency” under § 10-3-309(b)(2)(A): (i) Each rule of the Arkansas State Game and Fish Commission; (ii) Each rule of the State Highway Commission and the Arkansas Department of Transportation; and (iii) An institution of higher education. (b)(1) The authority of a state agency to promulgate a rule when so empowered by an act of the General Assembly shall be narrowly interpreted by the state agency. (2) As part of the narrow interpretation of its rulemaking authority under subdivision (b)(1) of this section, a state agency shall without limitation: (A) Limit its rulemaking to only those areas or subject matters that are absolutely necessary to fulfill its statutory duty or obligations; and (B) Not promulgate a rule that is inconsistent with the legislative intent of an act empowering a state agency to promulgate a rule. (c) A proposed rule that is promulgated based upon a broad interpretation of a state agency's rulemaking power rather than a narrow interpretation of that rulemaking power may be deemed as inconsistent with state law for the purposes § 10-3-309(f)(1).

Ark. Code Ann. § 25-15-221 Electronic filing system.

The Bureau of Legislative Research, in consultation with the Secretary of State, may develop an electronic filing system to work in conjunction with the Code of Arkansas Rules to facilitate the filing requirements for a rule under Arkansas law, including without limitation the filing of a final rule.

Ark. Code Ann. § 25-15-401 Report, sunset, and extension of rules.

(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. (3)(A) The Governor may amend the division of agencies into rule review groups. (B) An amendment to the division of agencies into rule review groups on or after the effective date of this subdivision (c)(3) shall not result in the rules of an agency being evaluated more than twelve (12) years from their last evaluation under this section. (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 31 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.

Ark. Code Ann. § 25-15-403 Order of implementation.

(a)(1) The agency rules shall be divided in six (6) groups to be determined by the Governor to ensure that the number of agencies in each group and the number of subject matter areas represented by each group are approximately equal. (2) If the Governor has not determined the groups by January 1, 2019, the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall determine the six (6) groups to ensure that the number of agencies in each group and the number of subject-matter areas represented by each group are approximately equal. (3) If neither the Governor nor the President Pro Tempore of the Senate and the Speaker of the House of Representatives have determined the groups by April 1, 2019, all of the state agencies shall be subject to immediate evaluation in one (1) group and: (A) Except as provided in § 25-15-402 concerning an initial rule report, a final rule report shall be filed by an agency: (i) No earlier than May 1, 2019, and no later than July 1, 2019; and (ii) No earlier than May 1 of every twenty-fourth year after May 1, 2019, and no later than July 1 of every twenty-fourth year after July 1, 2019; and (B) The evaluation shall be completed no later than: (i) December 31, 2042; and (ii) December 31 of every twenty-fourth year after December 31, 2042. (b)(1) Each group of agencies assigned under subdivision (a)(1) or subdivision (a)(2) of this section shall be evaluated in a four-year time period. (2) Group 1 shall file a report: (A) No earlier than May 1, 2019, and no later than July 1, 2019; and (B) No earlier than May 1 of every twenty-fourth year after May 1, 2019, and no later than July 1 of every twenty-fourth year after July 1, 2019. (3) Group 2 shall file a report: (A) No earlier than May 1, 2023, and no later than July 1, 2023; and (B) No earlier than May 1 of every twenty-fourth year after May 1, 2023, and no later than July 1 of every twenty-fourth year after July 1, 2023. (4) Group 3 shall file a report: (A) No earlier than May 1, 2027, and no later than July 1, 2027; and (B) No earlier than May 1 of every twenty-fourth year after May 1, 2027, and no later than January 1 of every twenty-fourth year after July 1, 2027. (5) Group 4 shall file a report: (A) No earlier than May 1, 2031, and no later than July 1, 2031; and (B) No earlier than May 1 of every twenty-fourth year after May 1, 2031, and no later than July 1 of every twenty-fourth year after July 1, 2031. (6) Group 5 shall file a report: (A) No earlier than May 1, 2035, and no later than July 1, 2035; and (B) No earlier than May 1 of every twenty-fourth year after May 1, 2035, and no later than July 1 of every twenty-fourth year after July 1, 2035. (7) Group 6 shall file a report: (A) No earlier than May 1, 2039, and no later than July 1, 2039; and (B) No earlier than May 1 of every twenty-fourth year after May 1, 2039, and no later than January 1 of every twenty-fourth year after July 1, 2039. (c) Agency rules that have been in effect for twenty-four (24) years or longer on August 1, 2017, shall remain in effect until the date of their first scheduled evaluation as provided under this section unless otherwise approved or rejected in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Ark. Code Ann. § 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.

Ark. Code Ann. § 25-15-501 Legislative finding.

In light of the potential for rapidly rising costs to the state attributable to the Arkansas Medicaid Program and the importance of Medicaid expenditures to the health and welfare of the citizens of this state, the General Assembly finds that it is desirable to exercise a more thorough review of future proposed changes to any rule impacting state Medicaid costs.

Ark. Code Ann. § 25-15-502 Definition.

(a) As used in this section, “rule impacting state Medicaid costs” means a proposed rule as defined by § 25-15-202(9), or a proposed amendment to an existing rule as defined by § 25-15-202(9), that would, if adopted, adjust Medicaid reimbursement rates, Medicaid eligibility criteria, or Medicaid benefits, including without limitation a proposed rule or a proposed amendment to an existing rule seeking to: (1) Reduce the number of individuals covered by the Arkansas Medicaid Program; (2) Limit the types of services covered by the program; (3) Reduce the utilization of services covered by the program; (4) Reduce provider reimbursement; (5) Increase consumer cost sharing; (6) Reduce the cost of administering the program; (7) Increase the program revenues; (8) Reduce fraud and abuse in the program; (9) Change any of the methodologies used for reimbursement of providers; (10) Seek a new waiver or modification of an existing waiver of any provision under Title XIX of the Social Security Act, 42 U.S.C. § 1396-1 et seq., including a waiver that would allow a demonstration project; (11) Participate or seek to participate in the waiver authority of Section 1115(a)(1) of the Social Security Act, 42 U.S.C. § 1315(a)(1), that would allow operation of a demonstration project or program; (12) Participate or seek to participate in a request under Section 1115(a)(2) of the Social Security Act, 42 U.S.C. § 1315(a)(2), for the United States Secretary of Health and Human Services to provide federal financial participation for costs associated with a demonstration project or program; (13) Implement managed care provisions under Section 1932 of the Social Security Act, 42 U.S.C. § 1396u-2; or (14) Participate or seek to participate in the projects or programs of the Center for Medicare and Medicaid Innovation. (b) “Rule impacting state Medicaid costs” does not include a modification, addition, or elimination of the medical codes used within the Arkansas Medicaid Program that are issued by the Centers for Medicare and Medicaid Services, including without limitation: (1) Current Procedural Terminology codes; (2) Healthcare Common Procedure Coding System codes; (3) International Classification of Diseases codes; (4) National Uniform Billing Committee Official UB-04 Data Specifications Manual codes; and (5) National Correct Coding Initiative codes.

Ark. Code Ann. § 25-15-503 Additional rule procedure.

(a)(1) In addition to filing requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309, the Department of Human Services shall, at least thirty (30) days before the expiration of the period for public comment, file a proposed rule impacting state Medicaid costs or a proposed amendment to an existing rule impacting state Medicaid costs with the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor. (2) A review of the proposed rule or proposed amendment to an existing rule by the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor shall occur within forty-five (45) days of the date the proposed rule or proposed amendment to an existing rule is filed with the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor. (b)(1) If adopting an emergency rule impacting state Medicaid costs, in addition to the filing requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309, the department shall notify the following individuals of the emergency rule and provide each individual with a copy of the rule within five (5) business days of adopting the rule: (A) The Speaker of the House of Representatives; (B) The President Pro Tempore of the Senate; (C) The Chair of the Senate Committee on Public Health, Welfare, and Labor; and (D) The Chair of the House Committee on Public Health, Welfare, and Labor. (2) A review of the emergency rule by the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor shall occur within forty-five (45) days of the date that the emergency rule is provided to the chairs.
Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.25.htmlFetched: 11/8/2026

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