Department of Finance and Administration

Ark. Code Ann. tit. 25, ch. 8

in effect

Ark. Code Ann. § 25-8-101 Secretary — Organization — Personnel — Definition.

(a)(1) The Department of Finance and Administration shall consist of the divisions which existed as of July 1, 1971, within the State Administration Department and the Department of Revenues and any other divisions which may be created by law and placed under the Department of Finance and Administration, subject to the transfer of a division or department of the Department of Finance and Administration as a state entity under this act. (2) There is created a Racing Division and an Alcoholic Beverage Control Division within the Department of Finance and Administration. (b) The Secretary of the Department of Finance and Administration, with the advice and consent of the Governor, shall appoint the heads of the respective divisions. The secretary may appoint an Administrative Assistant for Revenue to serve as the secretary's agent. All other personnel of the Department of Finance and Administration shall be employed by and serve at the pleasure of the secretary, provided that nothing in this section shall be so construed as to reduce any right which an employee of the Department of Finance and Administration shall have under any civil service or merit system. (c) Each division of the Department of Finance and Administration shall be under the direction, control, and supervision of the secretary. The secretary may delegate his or her functions, powers, and duties to the various divisions of the Department of Finance and Administration as he or she shall deem desirable and necessary for the effective and efficient operation of the Department of Finance and Administration. (d) For the purposes of the tax, driver's license, and motor vehicle registration and licensing laws, the term “secretary” shall mean the Secretary of the Department of Finance and Administration, the Administrative Assistant for Revenue, or his or her authorized agent. The Administrative Assistant for Revenue shall act as the secretary's agent and take any and all actions necessary to administer the laws.

Ark. Code Ann. § 25-8-102 Authority of secretary generally.

(a) The Secretary of the Department of Finance and Administration, with the approval of the Governor, may adopt reasonable rules and procedures, not inconsistent with the law, which he or she deems desirable for the effective administration of the Department of Finance and Administration and any of its divisions. (b) The secretary shall have authority to install any recordkeeping and other procedures in his or her office and in other offices and departments of the state which he or she shall deem necessary or advisable to carry out his or her functions and duties. However, nothing in this section shall be construed to grant the secretary any authority to establish recordkeeping or other procedures, or rules with respect to the elected constitutional officers of the state, the General Assembly and its committees, or other agencies who are exempt from all or a part of the procedures set forth in the Arkansas Procurement Law, § 19-61-101 et seq., and the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq. (c) The secretary may from time to time establish within the department any sections or other administrative units which he or she may deem desirable for the effective operation of the department and any division thereof, provided that the duties and functions of the sections or administrative units are within the purpose authorized by law. (d) The secretary may appoint a designee to appear on behalf of the secretary at meetings of any board or commission of which the secretary is a member in his or her capacity as Secretary of the Department of Finance and Administration or Chief Fiscal Officer of the State. The designee may vote on behalf of the secretary.

Ark. Code Ann. § 25-8-104 Director of Division of Budgets and Accounting.

The Director of the Division of Budgets and Accounting shall be the Deputy Director of the Department of Finance and Administration. He or she shall have all functions, powers, and duties granted under § 19-1-203 and all other laws pertaining to his or her office and any other functions, powers, and duties which are assigned and delegated to him or her by the Secretary of the Department of Finance and Administration.

Ark. Code Ann. § 25-8-105 Federal aid programs.

(a) The Department of Finance and Administration shall have and establish the functions, duties, powers, and responsibilities for the coordination of all federal aid programs within the state and shall provide assistance to any department seeking federal aid. (b) All applications for federal grants submitted by state agencies shall be processed through the department. However, the Secretary of the Department of Finance and Administration shall have the discretion to authorize state agencies to file copies of grant applications with the department as a substitute for the processing requirement.

Ark. Code Ann. § 25-8-107 Office of Child Support Enforcement.

(a) The Child Support Enforcement Unit of the Division of Economic and Medical Services of the Department of Human Services is hereby transferred by a type 2 transfer pursuant to § 25-2-105 to the Revenue Division of the Department of Finance and Administration and shall be known as the “Office of Child Support Enforcement”. (b) All powers, duties, functions, records, property, and funds administered or provided by other support divisions within the Department of Human Services shall be transferred to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration on July 1, 1993. (c) The Department of Human Services and the Office of State Technology shall grant access to and provide information determined by the Office of Child Support Enforcement to be necessary to successfully accomplish its mission.

Ark. Code Ann. § 25-8-108 Contract labor.

The Secretary of the Department of Finance and Administration may authorize use of contract labor in the Revenue Division from January until July of a given year without regard to any limitation of duration or hours.

Ark. Code Ann. § 25-8-109 Loans to marketing and redistribution.

In the event the moneys available in the Property Sales Holding Fund are not adequate during any month of each year of the fiscal biennium to meet the payroll commitments of the Marketing and Redistribution Section for the regular salaries and personal services matching appropriation, the Chief Fiscal Officer of the State is hereby authorized to make loans, from time to time as needed, from the Budget Stabilization Trust Fund to the Property Sales Holding Fund to provide the moneys required to meet the payroll and personal services matching appropriation requirements for any such month. Provided that, if at the end of each fiscal year the Property Sales Holding Fund did not receive sufficient income to repay the entire amount of any such moneys borrowed from the Budget Stabilization Trust Fund for the purposes as authorized herein, the Chief Fiscal Officer of the State is hereby authorized to transfer from the State Central Services Fund such amount as is necessary to reimburse the Budget Stabilization Trust Fund in behalf of loans made to the Property Sales Holding Fund to reimburse the Budget Stabilization Trust Fund for the amount of any such loan remaining unpaid at the end of each fiscal year.

Ark. Code Ann. § 25-8-111 Regulatory Division of the Department of Finance and Administration — Regulatory Administrator.

(a) The Regulatory Division is created within the Department of Finance and Administration. (b) The Secretary of the Department of Finance and Administration shall appoint a Regulatory Administrator to oversee the Regulatory Division of the Department of Finance and Administration. (c) The administrator shall: (1) Serve at the pleasure of the secretary; (2) Report to the secretary; and (3) Maintain oversight of: (A) The Alcoholic Beverage Control Division; (B) Arkansas Tobacco Control; (C) The Arkansas Racing Commission; and (D) The Regulatory Enforcement Division of the Department of Finance and Administration.

Ark. Code Ann. § 25-8-112 Regulatory Enforcement Division.

(a) The Regulatory Enforcement Division is created within the Regulatory Division of the Department of Finance and Administration. (b) The Secretary of the Department of Finance and Administration shall appoint an Enforcement Director to oversee the Regulatory Enforcement Division of the Department of Finance and Administration. (c) The director shall: (1) Serve at the pleasure of the secretary; and (2) Report to the Regulatory Administrator of the Regulatory Division of the Department of Finance and Administration. (d) The Regulatory Enforcement Division of the Department of Finance and Administration is designated as a law enforcement agency. (e) The director shall assign personnel as agents of the Regulatory Enforcement Division of the Department of Finance and Administration to conduct investigations related to the violation of: (1) State law governing: (A) Tobacco; (B) Alcohol; (C) Medical marijuana; or (D) Gambling or the promotion of gambling; and (2) Rules promulgated by the: (A) Alcoholic Beverage Control Board; (B) Medical Marijuana Commission; or (C) Tobacco Control Board. (f) Personnel assigned as agents of the Regulatory Enforcement Division of the Department of Finance and Administration under subsection (e) of this section shall: (1) Present findings to the relevant board regarding the investigation of a violation of rules promulgated by the entities listed in subdivision (e)(2) of this section; (2) Be considered full-time law enforcement officers by the Arkansas Commission on Law Enforcement Standards and Training under § 12-9-101 et seq.; and (3) Have statewide law enforcement authority. (g) The director may refer any investigation authorized under this section to a prosecuting attorney or a law enforcement agency.

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