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Form a Business

Recruiting, Hiring, and Appointment

Ark. Code Ann. tit. 21, ch. 3
in effect

Ark. Code Ann. § 21-3-101 Equal employment hiring .

(a) The employee handbook or manual of every state department, agency, board, commission, and institution of higher education and every employee handbook or manual of every constitutional office shall include the following statement : “The State of Arkansas does not discriminate in access to employment opportunities or in employment or practices on the basis of race, color, religion, sex, national origin, age, disability, or genetic information.” (b) A statement included in an employee handbook or manual under this section does not affect any preference given to veterans in employment.

Ark. Code Ann. § 21-3-102 Selective Service registration — Definition.

(a) As used in this section, “statement of selective service status” means a statement on an application for employment with the State of Arkansas or for admission to any public institution of higher education, sworn under penalty of perjury, that: (1) The person filing the certificate is registered with the Selective Service System in accordance with the Military Selective Service Act; or (2) The person filing the certificate is not required to register with the Selective Service System because the person is: (A) Under eighteen (18) years of age; (B) In the armed forces of the United States on active duty, other than in a reserve or national guard unit; (C) An alien lawfully admitted to the United States as a nonimmigrant under Section 101(a)(15) of the Immigration and Nationality Act, 8 U.S.C. § 1101, for so long as he or she continues to maintain a lawful nonimmigrant status in the United States; (D) A permanent resident of the Trust Territory of the Pacific Islands or the Commonwealth of Northern Mariana Islands; or (E) Excused from registration for other reason provided by federal law and that reason is included in the certificate. (b) No person who is required to register with the Selective Service System shall be eligible for employment by any agency of the State of Arkansas or for admission to any public institution of higher education unless the person has signed a statement of selective service status.

Ark. Code Ann. § 21-3-201 Definition.

For the purposes of this subchapter, “public employer” means any agency, department, board, commission, bureau, council, institution, or other entity of the state supported by appropriation of state or federal funds, or any county or municipality or other political subdivision of this state. “Public employer” specifically includes public universities, colleges, and public school districts.

Ark. Code Ann. § 21-3-202 Applicability.

The prohibitions in this subchapter shall be limited to individuals who are at least forty (40) years of age.

Ark. Code Ann. § 21-3-203 Age discrimination prohibited — Exceptions.

(a) It shall be unlawful for a public employer to: (1) Fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment because of the individual's age; (2) Limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of the individual's age; or (3) Reduce the wage rate of any employee in order to comply with this subchapter. (b) It shall not be unlawful for a public employer to: (1) Take any action otherwise prohibited by this subchapter where age is a bona fide occupational qualification, reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age; or (2) Discharge or otherwise discipline an individual for good cause.

Ark. Code Ann. § 21-3-205 Compulsory retirement of certain employees.

(a)(1) Nothing in this subchapter shall be construed to prohibit compulsory retirement of any employee who has attained sixty-five (65) years of age, and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policy-making position if the employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, savings, or deferred compensation plan, or any combination of such plans, of the employer of the employee, which equals, in the aggregate, at least forty-four thousand dollars ($44,000). (2) In applying the retirement benefit test of subdivision (a)(1) of this section, if any such retirement benefit is in a form other than a straight life annuity with no ancillary benefits, or if employees contribute to any such plan or make rollover contributions, that benefit shall be adjusted by the actuary of the employee's public retirement system, so that the benefit is the equivalent of a straight life annuity with no ancillary benefits under a plan to which employees do not contribute and under which no rollover contributions are made. (b) The prohibitions of this subchapter shall apply to employees with unlimited tenure who retire after July 1, 1982.

Ark. Code Ann. § 21-3-301 Uniform Classification and Compensation Act rules.

Any requirement or rule set up for the purpose of selecting employees paid in whole or in part with state funds for positions subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., shall include rules under this subchapter.

Ark. Code Ann. § 21-3-302 Veterans Preference Law — Definition.

(a) This section shall be entitled the “Veterans Preference Law”. (b) For purposes of this section, “veteran” means: (1) A person honorably discharged from a tour of active duty, other than active duty for training only, with the United States Armed Forces; or (2) Any person who has served honorably in the National Guard or a reserve component of the United States Armed Forces for a period of at least six (6) years, whether the person has retired or been discharged or not. (c) A state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., or a school district as defined under § 6-20-1903, shall provide a veterans preference in interviewing and hiring to an applicant if the applicant: (1) Indicates on the employment application that he or she is: (A) A veteran; (B) A disabled veteran; or (C) The surviving spouse of a deceased veteran who is unmarried at the time of application for employment and remains unmarried until the decision to hire is made; (2) Is a citizen and resident of this state; and (3) Meets substantially equal qualifications of other applicants. (d)(1)(A) If an examination, evaluation, or similar instrument is given to establish a list of qualified candidates to be interviewed for a position at a state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., and an applicant entitled to a veterans preference under this section attains a passing grade, the applicant shall have five (5) points added to his or her final earned rating if the examination, evaluation, or similar instrument is subject to numerical scoring. (B) If a veteran is not selected for a position for which the successful candidate was selected based on a numerical score, at the veteran's request the selection authority shall provide the veteran with his or her base score, adjusted score, and the successful candidate's score. (2)(A) If the examination, evaluation, or similar instrument is not subject to numerical scoring, the selection authority shall demonstrate how veterans preference was applied in developing a list of qualified candidates to be interviewed and in selecting the successful candidate for the position. (B) If the selection authority used a scoring method other than numerical scoring, at the veteran's request the selection authority shall provide all documentation to the veteran to demonstrate to the veteran how the veterans preference was used to: (i) Develop a list of qualified candidates to be interviewed; and (ii) Select the successful candidate for the position. (3)(A) A veteran who established by the records of the United States Department of Veterans Affairs the existence of a service-connected disability, or a veteran who is over fifty-five (55) years of age, disabled, and entitled to a pension or compensation under existing laws, or the spouse of a veteran with a service-connected disability whose disability disqualifies him or her for selection shall have ten (10) points instead of five (5) points added to his or her final earned rating on the examination, evaluation, or similar instrument. (B) If a veteran is not selected for a position for which the successful candidate was selected based on a numerical score, at the veteran's request the selection authority shall provide the veteran with his or her base score, adjusted score, and the successful candidate's score. (4) This subsection does not require the selection authority to provide the veteran with testing materials or any other information concerning the successful candidate or other applicants that is not authorized for release under this subsection or authorized for release to the public under the Freedom of Information Act of 1967, § 25-19-101 et seq. (e) The qualified veteran's status shall be considered on questions of promotion and retention of employees according to § 21-3-304. (f) The names of candidates who have qualified in an examination, evaluation, or similar instrument given for the purpose of establishing an interview or employment list shall be entered on an appropriate register or list of eligibles in the following order: (1) Names of ten-point-preference eligibles shall be placed at the head of the register or applicant list of persons certified as having equal eligibility points; (2) Names of five-point-preference eligibles shall be placed at the head of the register or applicant list of persons certified as having equal eligibility points; and (3) Names of all other eligibles who do not have preference as provided in this section shall be placed on the register or applicant list in accordance with their ranking of eligibility points. (g) The persons entitled to preference shall not be disqualified from holding any position on account of age or by reason of any physical disability, provided that the age or disability does not render the person incapable to perform properly the duties of the position for which he or she applied. (h) This section does not apply to an elected official or political appointee in: (1) A state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq.; (2) A school district as defined under § 6-20-1903; or (3) The administrative assistant or secretary of an elected official or political appointee.

Ark. Code Ann. § 21-3-303 Failure to hire veteran.

(a) If requested by the veteran applicant and in addition to the requirements under § 21-3-302(d), a hiring official or selection authority for a state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., shall submit in writing to the veteran the reason the veteran was not: (1) Included on a list of qualified candidates to be interviewed; and (2) Selected for the position. (b) The written reason provided under this section shall become a part of the employment application records of the state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., or a school district as defined under § 6-20-1903, and be retained for the same period of time as all other employment applications as established by law or agency policy.

Ark. Code Ann. § 21-3-304 Reduction in force.

(a) A department or agency director or institution of higher education president or chancellor may separate any employee without prejudice because of lack of funds, curtailment of work, or in order to permit reinstatement of employees upon their release from periods of military service from the United States Armed Forces. (b) However, no employee as defined by § 21-5-203 shall be separated while there are emergency, intermittent, temporary, provisional, or probationary employees serving in the same class of position in the same department or agency. (c)(1) The order of separation due to reduction in force shall be based upon criteria established by the Statewide Workforce Reduction Policy as issued and administered by the Office of Personnel Management. (2) For the purpose of establishing this layoff formula, the veteran's service in the United States Armed Forces shall be considered as service with the department or agency and computed as a part of his or her seniority.

Ark. Code Ann. § 21-3-305 Reemployment.

(a) An employee as defined in § 21-5-203 who has established veterans preference eligibility and has resigned while in good standing or who has been separated without prejudice shall be eligible for reemployment within a period of time no less than the continuous period of his or her service in a department, agency, or institution of higher education, provided that he or she has been certified by the department or agency director or institution of higher education president or chancellor as meeting the current minimum qualifications as to training and experience of the class of position to which he or she is being reemployed. (b) Prior to making the minimum qualifications certification, the department or agency director or institution of higher education president or chancellor may require the employee to pass a qualifying examination. (c) For the purpose of reemployment eligibility under the provisions of this section, time spent in the United States Armed Forces shall not be counted.

Ark. Code Ann. § 21-3-306 Rights of reservists — Legislative intent.

(a) It is declared to be the intent of the General Assembly that any person who holds an other than temporary position in the employ of the State of Arkansas shall not be denied retention in employment or any promotion or other incident or advantage of employment or transferred involuntarily to another position because the person is a member of a reserve component of the United States Armed Forces. (b) The provisions of the reemployment rights protections of § 12-62-413 and the Uniformed Services Employment and Re-employment Rights Act of 1994 as in effect on January 1, 2003, shall be applicable, and the refusal of any state official to comply therewith shall subject him or her to removal from office. (c) This section shall be retroactive and shall take effect as of the date of the entry of any state employee into one (1) of the reserve components of the United States Armed Forces.

Ark. Code Ann. § 21-3-501 Policy — Purpose.

(a) Recognizing the tremendous potential represented by the young people attending Arkansas institutions of higher education, and in due consideration of the great interest of the people of the State of Arkansas in retaining graduates of Arkansas institutions of higher education within the state, with the further conviction that it is in the best interest of all citizens of the state to recruit and retain qualified college graduates within the State of Arkansas government system, and recognizing the great contribution to the educational process that learning experiences within state government can provide, the General Assembly finds and declares that an affirmative effort to provide college students with employment opportunities within state government is important to the welfare and security of this state and nation and, consequently, is an important public service. (b) The General Assembly further finds and declares that cooperative education is having, and will continue to have, a major impact on this state in meeting the socially and economically desirable goals of educating and retaining young people within this state. (c) It is, therefore, the policy of the General Assembly and the purpose of this subchapter to establish a cooperative education program within the State of Arkansas government system to attract and retain qualified personnel from Arkansas institutions of higher education while at the same time contributing to the educational process through learning opportunities within state government.

Ark. Code Ann. § 21-3-502 Definitions.

For the purposes of this subchapter: (1) “Academic credit” means the recognized unit requirements which students attending eligible institutions must accomplish in order to receive a degree for completion of a two-year or four-year course of study; (2) “Arkansas Cooperative Education Advisory Committee” means the committee established by this subchapter to: (A) Determine the eligibility of educational institutions; (B) Review the operation of the cooperative education program through periodic meetings; (C) Make recommendations to the participating institutions, the state personnel administrator, and to the General Assembly; and (D) Perform all other appropriate functions to provide for the advancement of the cooperative education program; (3)(A) “Cooperative education” means the process of education which formally integrates the student's academic study with work experience in cooperating employer organizations. (B) The normal plan is for the student to alternate periods of college study with educational-work experience on assignments which relate to the student's stated career objectives; (4) “Eligible institutions of higher education” means any public or private two-year or four-year institution of higher education within the State of Arkansas which: (A) Is accredited by the North Central Association of Colleges and Schools, a candidate for such accreditation, or gives satisfactory assurance that it has the potential for accreditation and is making progress which, if continued, will result in its achieving accreditation; (B) Does not discriminate in the admission of students on the basis of race, color, religion, sex, or national origin and is in compliance with the Civil Rights Acts of 1964 and 1968 and executive orders issued pursuant thereto; and (C) Is certified to the state personnel administrator by the Arkansas Cooperative Education Advisory Committee as an eligible institution based on the criteria established in § 21-3-508; and (5) “State personnel administrator” means the head of the Office of Personnel Management, his or her successor, or the person designated by the state personnel administrator to perform the duties assigned to the administrator or to the office.

Ark. Code Ann. § 21-3-503 Student employment not restricted.

Nothing in this subchapter is to be construed as barring or in any way limiting the employment of students within the State of Arkansas governmental system, even though the student is participating in the cooperative education program at an institution of higher education during employment with the State of Arkansas.

Ark. Code Ann. § 21-3-504 Creation and administration.

There is established a cooperative education program for hiring qualified students from eligible institutions of higher education within the State of Arkansas to be administered by the state personnel administrator and the Arkansas Cooperative Education Advisory Committee, as provided in this subchapter.

Ark. Code Ann. § 21-3-505 Arkansas Cooperative Education Advisory Committee.

(a) The Governor shall appoint an Arkansas Cooperative Education Advisory Committee to advise and consult with the state personnel administrator in carrying out the administration of this subchapter. (b) The state personnel administrator shall serve as chair ex officio of the committee, which shall consist of the following: (1) Four (4) representatives of the state government system, who shall be appointed for terms of four (4) years, except when a member is appointed to complete an unexpired term; and (2)(A) Five (5) representatives of institutions of higher education appointed from educational institutions with cooperative education or internship programs with the five (5) members selected from the five (5) institutions with the greatest number participating in this program. (B) Until such time as experience reveals the number of students in the program, three (3) of the five (5) members shall be appointed from public institutions and two (2) from private institutions. (c)(1) The committee shall meet as frequently as the state personnel administrator deems necessary but not less than semiannually. (2) Upon request by five (5) or more members of the committee, the state personnel administrator shall immediately call a meeting of the committee. (d)(1) The committee shall meet to consider and approve by a favorable vote of five (5) or more members present at such meeting the eligibility of educational institutions having students desirous of applying for the cooperative education program with the state personnel administrator. (2) Approval shall be considered necessary no more than one (1) time every three (3) years and shall be based upon the criteria established in § 21-3-508. (e) The committee shall further consider, evaluate, and promote cooperative education within the entire system of state government and on the campuses of all eligible institutions of higher education as the committee sees fit.

Ark. Code Ann. § 21-3-506 Agency eligibility.

All offices, branches, and agencies within state government shall be eligible to participate in the cooperative education program.

Ark. Code Ann. § 21-3-507 Student eligibility.

A student shall be eligible for a cooperative education placement upon: (1) Certification to the state personnel administrator by the student's cooperative education program director or coordinator that the student: (A) Has completed twenty-four (24) or more college credit hours or their equivalent measure; and (B) Is presently enrolled as a full-time student or has completed or will complete the equivalent of twelve (12) college or graduate credit hours in the six-month period prior to taking employment under the cooperative education program; and (2) Completion of all other application procedures required by the Office of Personnel Management for the administration of the cooperative education program.

Ark. Code Ann. § 21-3-508 School eligibility.

In order for any institution of higher education within the State of Arkansas to participate in the cooperative education program, that institution must meet the following criteria, as determined by the Arkansas Cooperative Education Advisory Committee: (1) The institution has appointed a director or coordinator whose primary responsibility is the direction of that institution's cooperative education program, for which the director or coordinator receives proportionate compensation or released time from instruction or other administrative duties; (2) The institution will grant academic credit toward the student's degree program for the work period within the Arkansas state government system; and (3) The institution agrees to and does so provide the committee with a written summary of the evaluation made by the institution of the student's educational-work experience within sixty (60) days of the conclusion of that placement period.

Ark. Code Ann. § 21-3-509 State personnel administrator.

(a) The state personnel administrator shall have the responsibility to administer the cooperative education program. (b) The duties of the administrator include, but are not limited to: (1) Disseminating information on the availability of students through the cooperative education program and collecting requests for employment of cooperative education students; (2) Conveying state job opportunity information to eligible institutions, to include job titles, description of duties in general, and salary and wage information; (3) Promulgating and collecting application forms; (4) Conveying final employment and assignment decisions, in total, to all eligible institutions; (5) Keeping all necessary records both for the Office of Personnel Management and, as directed, by the Arkansas Cooperative Education Advisory Committee; and (6) All other activities necessary to the orderly and lawful administration of this subchapter and not otherwise specifically delegated by this subchapter.

Ark. Code Ann. § 21-3-601 Arkansas State Government Internship Program.

(a) The Department of Shared Administrative Services shall establish an internship program to be known as the “Arkansas Public Service Internship Program”. (b) The program shall utilize graduate students and undergraduate students to perform duties for the cabinet-level departments of the state through which the students can obtain practical experience in state government responsibilities and operations. (c) The Office of Personnel Management shall: (1) Issue a policy establishing the program; (2) Assist cabinet-level departments in recruitment of graduate students and undergraduate students; and (3) Develop a curriculum and activities to introduce graduate students and undergraduate students participating in the program to the responsibilities and operations of all cabinet-level departments and branches of state government.

Ark. Code Ann. § 21-3-802 Recruitment of retired employees.

(a) The Department of Finance and Administration shall promulgate rules providing for the recruitment of retired members of the Arkansas Public Employees' Retirement System to return to employment for the state. (b) Before a person recruited under the Exceptional Employee Recruitment Program may be rehired by the state, the proposed employment shall be reviewed by the Legislative Council and approved by the Governor. (c) The retirement benefits of a person rehired pursuant to this subchapter shall terminate upon reemployment. At the conclusion of the employment, the person shall receive retirement benefits with the additional service computed in his or her retirement benefits. (d)(1) The actuary of the system shall determine the actuarial cost of the additional retirement benefit attributable to the person's employment under the program. (2) Upon receiving certification of the cost by the Executive Director of the Arkansas Public Employees' Retirement System, the Secretary of the Department of Finance and Administration shall transfer the actuarial cost from the fund of the agency that employed the person under the program to the Arkansas Public Employees' Retirement System Fund.

Ark. Code Ann. § 21-3-902 De nitions.

As used in this subchapter: (1) “Employee” means a person directed, allowed, or permitted to perform labor or services of any kind for a state employer; (2) "Employer" means a state government department, board, bureau, political subdivision, or agency licensed under statute or rule to operate in this state; fi (3) “E-Verify” means the electronic veri cation system operated by United States Citizenship and Immigration Services, or its successor program, as authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208; and fi (4) “Unauthorized alien” means the same as de ned by 8 U.S.C. § 1324a(h)(3), as it existed on January 1, 2025.

Ark. Code Ann. § 21-3-903 Requirement to verify all new employees.

(a)(1) Except as provided in subsection (b) of this section, an employer shall register and create an E-Verify employer account. (2) After hiring an employee, an employer shall: (A) Employ provisionally the employee until the employee’s fi work authorization has been veri ed through E-Verify; (B) Submit the employee’s name and information for fi veri cation through E-Verify even if the employee’s employment is terminated less than three (3) business days after becoming employed; and fi (C) Keep a record of the veri cation for the duration of the employee’s employment with the employer or for three (3) years, whichever is longer. fi (3) If the employee’s work authorization is not veri ed by E- Verify, an employer shall not employ, continue to employ, or reemploy the employee. (b)(1) An employer is not required to comply with subsection (a) of this section if an employee was hired by the employer prior to the effective date of this act. (2) The employer is not required to verify or reverify the eligibility of a current employee to work pursuant to federal law.

Ark. Code Ann. § 21-3-904 Compliance with federal immigration law.

Nothing in this act shall be construed to abrogate an employer’s obligation to comply with federal immigration laws, including without limitation the completion and maintenance of federal employment eligibility fi veri cation forms or documents.

Ark. Code Ann. § 21-3-905 Prohibition on employment of unauthorized aliens.

(a) An employer shall not employ an unauthorized alien. (b) Failure to comply with the requirements under this subchapter shall be presumed a violation of this section.

Ark. Code Ann. § 21-3-906 Enforcement.

(a) For the purpose of enforcement of this subchapter, the Department of Labor and Licensing may request, and an employer shall provide, copies of any documentation relied upon by the employer for the verification of a new employee's employment eligibility. (b) A person or an entity that makes a request under subsection (a) of this section shall rely upon the United States Government to verify an employee's employment eligibility and may not independently make a final determination as to whether an employee is an unauthorized alien. (c) Beginning on July 1, 2026, if the department determines that an employer failed to use E-Verify system to verify the employment eligibility of employees as required under this subchapter, the department shall: (1) Notify the employer of the department's determination of noncompliance; and (2) Provide the employer with thirty (30) days to cure the noncompliance.
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.21.htmlFetched: 11/8/2026

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