Arkansas Administrative Code

20 CAR § 1028-601. Home records. (a)(1) All employee, child, and home records shall be kept and made available to the Child Care Licensing Unit on request. (2) All required records shall be maintained for three (3) years. (3) This includes records on children no longer enrolled. …

20 CAR § 1028-602. Children’s records. (a)(1) Enrollment information shall be obtained for each child before admission. (2) Sample enrollment forms may be obtained from your childcare licensing specialist. (b) Identifying and personal data shall include: (1) Child’s: (A) Name; (B…

20 CAR § 1028-603. Caregiver records. Caregiver records shall contain the following: (1)(A) Documentation of high school diploma or GED, and continuing education hours. (B) If these documents are no longer available, proof of reasonable effort to obtain the documentation is accep…

20 CAR § 1028-701. Nutrition requirements. (a) The registered home shall meet the following: (1) All food shall be safe and stored properly to prevent spoiling; (2)(A) There shall be a thermometer in the refrigerator that is visible and maintained at forty-one degrees Fahrenheit …

20 CAR § 1028-702. Infant and toddler nutrition requirements. (a) It is recommended that mothers be allowed and encouraged to breastfeed their child at the registered childcare family home. (b)(1) The routine use of baby food, bottles, and formula shall be agreed upon by the care…

20 CAR § 1028-801. Building requirements. (a)(1) The registered family home’s building, grounds, and equipment shall be: (A) Clean; (B) Kept in good repair; and (C) Maintained as needed to protect the health and safety of the children. (2) If the home has sustained structural dam…

20 CAR § 1028-901. Playground environment. (a) Recommendation. To provide the safest possible playground environment, you are encouraged to meet the Consumer Product Safety Commission’s guidelines listed in the Handbook for Public Playground Safety. (b)(1) Please note that these …

20 CAR § 1028-902. Ground requirements. (a)(1) A diagram of the playground shall be submitted clearly identifying: (A) The perimeter of the playground, with measurements; and (B) Each piece of equipment used by the children enrolled at the licensed facility. (2) This documentatio…

21 CAR § 1-101. Definitions. As used in this part: (1)(A) “Compensation” means any money or anything of value received, or to be received as a claim for future services, whether in the form of a: (i) Retainer; (ii) Fee; (iii) Salary; (iv) Expense; (v) Allowance; (vi) Forbearance;…

21 CAR § 1-102. Payment of public servant’s expenses for food, lodging, or travel. (a) The giving or receiving of food, lodging, or travel shall not be considered a gift in situations where: (1) A public servant is appearing in his or her official capacity; and (2) The appearance…

21 CAR § 1-103. Reporting of payments for public servant’s expenses for food, lodging, or travel. (a)(1) In situations where a registered lobbyist pays all or part of an expenditure in excess of forty dollars ($40.00) on behalf of a public servant for food, lodging, or travel, su…

21 CAR § 1-104. Receipt of gifts by public servants. (a) No public servant shall receive a gift for the performance of the duties and responsibilities of his or her office or position. (b)(1) For purposes of this rule, a gift shall be prohibited if it is intended: (A) To reward a…

21 CAR § 1-105. Providing gifts to public servants. (a) No person shall confer a gift to any public servant, the receipt of which is prohibited by 21 CAR § 1-104 of these rules. (b)(1) The first violation of this section by any person other than a registered lobbyist shall result…

21 CAR § 1-106. Reporting of gifts and awards received by public servants. (a) A public servant required to file a Statement of Financial Interest shall report the source, date, description, and a reasonable estimate of the fair market value of each gift of more than: (1) One hun…

21 CAR § 1-107. Receipt of compensation by public servants. (a) Except as expressly provided by statute, no public servant shall receive compensation, other than income and benefits from the governmental body which he or she serves, for the performance of the duties and responsib…

21 CAR § 1-108. Providing compensation to public servants. (a) No person shall confer compensation to any public servant, the receipt of which is prohibited by 21 CAR § 1-107 of these rules. (b)(1) The first violation of this section by any person other than a registered lobbyist…

21 CAR § 1-109. Gifts to governmental entities. (a)(1) The Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, Commissioner of State Lands, and Attorney General, in their official capacity, may accept gifts, grants, and donations of money or p…

21 CAR § 1-110. Reporting of gifts to governmental entities. A public official accepting a gift, grant, or donation of money on behalf of a governmental entity in accordance with 21 CAR § 1-109 of these rules shall, on a quarterly basis, disclose to the Arkansas Ethics Commission…

21 CAR § 1-111. Valuation of gifts. (a)(1) Except as otherwise provided below, the value of a gift for purposes of these rules shall be its fair market value at the time the gift was conferred. (2) Fair market value means the price the good or service would bring between a willin…

21 CAR § 2-101. Definitions. As used in this part: (1)(A) “Administrative action” means any decision on, or proposal, consideration, or making of any rule, ratemaking proceeding, or policy action by a governmental body. (B) It does not include ministerial action; (2) “Business” m…

21 CAR § 2-102. Confidential information. (a) No public servant shall: (1) Accept employment or engage in any public or professional activity while serving as a public official which he or she might reasonably expect would require or induce him or her to disclose any information …

21 CAR § 2-103. Fair treatment. (a) No public servant shall use or attempt to use his or her official position to secure special privileges or exemption for himself or herself or his or her spouse, child, parents, or other persons standing in the first degree of relationship, or …

21 CAR § 2-104. Decision making. No member of a state board or commission or board member of an entity receiving state funds shall: (1)(A) Participate in, vote on, influence, or attempt to influence an official decision if the member has a pecuniary interest in the matter under c…

21 CAR § 2-105. Appearances. (a) No legislator shall appear for compensation on behalf of another person, firm, corporation, or entity before any entity of: (1) State government, if the legislator is a member of the General Assembly; (2) The legislator’s county government, if the…

21 CAR § 2-106. Reporting. (a) A legislator who is required to take an action in the discharge of his or her official duties that may affect his or her financial interest or cause financial benefit or detriment to him or her, or a business in which he or she is an officer, direct…

21 CAR § 2-107. School district board members, administrators, and employees. (a) No school district board member, administrator, or employee shall: (1) Use or attempt to use his or her official position to secure unwarranted privileges or exemptions for himself or herself or oth…

21 CAR § 3-101. Definitions. As used in this part: (1) “Administrative action” means any decision on, or proposal, consideration, or making of any rule, regulation, ratemaking proceeding, or policy action, other than ministerial action, by a governmental body; (2) “Association” m…

21 CAR § 3-102. Definition of “lobbyist”. (a) For purposes of this part, persons engaged in lobbying activity as defined by 21 CAR § 3-101(10) will be considered lobbyists, subject to registration and reporting, if the person: (1) Receives income or reimbursement in a combined am…

21 CAR § 3-103. Lobbyist registration and reregistration. (a) It is the intent of the Arkansas Ethics Commission that the public have full and accurate disclosure of the items required to be reported under this part. (b) A lobbyist shall register no later than five (5) days after…

21 CAR § 3-104. Amendment of information on registration or reregistration form. (a) Except as provided in subsection (b) of this section, if during the year of registration, there are any changes in the information a lobbyist must disclose pursuant to 21 CAR § 3-103 of this part…

21 CAR § 3-105. Exceptions to the lobbyist registration requirement. (a) A lobbyist is not required to register if he or she engages in no lobbying other than the following activities: (1) The publishing or broadcasting by news media executives or their employees or agents in the…

21 CAR § 3-106. Where to register and make other filings. (a)(1) A lobbyist who lobbies public servants of state government shall register and make other filings with the Secretary of State as required by this part and the laws of Arkansas. (2) A lobbyist who lobbies public serva…

21 CAR § 3-107. Termination of lobbyist registration. (a) When a registered lobbyist’s employment or designation as a lobbyist is terminated, a written notice of termination shall be given by the lobbyist or his or her designated agent to the public official with whom the lobbyis…

21 CAR § 3-108. Penalties for failure to register or reregister properly. (a)(1) Those persons who act as lobbyists as defined by 21 CAR § 3-102 of this part but fail to register within five (5) days of beginning lobbying activities as required by 21 CAR § 3-103 of this part may …

21 CAR § 3-201. Filing deadlines and public inspection. (a)(1) Each person registered or required to be registered as a lobbyist shall file an activity report, signed and sworn to, concerning his or her lobbying activities during the previous calendar quarter no later than fiftee…

21 CAR § 3-202. Reports of no activity. (a) Each person required to be registered as a lobbyist shall file quarterly and/or monthly activity reports as required by 21 CAR §§ 3-201 and 3-203 of this part even if there has been no activity during the previous calendar quarter or mo…

21 CAR § 3-203. Basic requirements. (a) It is the intent of the Arkansas Ethics Commission that the public have full and accurate disclosure of the contact between lobbyists and public servants and to that end, the commission encourages lobbyists not to avoid reporting through th…

21 CAR § 3-204. Reporting of expenditures made on behalf of public servants — Subject areas. (a) Lobbyist activity reports shall contain an itemized listing of each of the following items: (1) Each gift worth more than one hundred dollars ($100) given to a public servant or on be…

21 CAR § 3-205. Reporting of expenditures for amusement, charity, and sporting events. (a) On the activity report, the lobbyist shall itemize each expenditure made for the benefit of a public servant for a ticket or tickets to an event or events, if this expenditure exceeds forty…

21 CAR § 3-206. Reporting special events. (a)(1) Generally, expenses related to lobbying activity are itemized as detailed in 21 CAR §§ 3-203 – 205 of this part. (2) In the case of special events, as defined in subsection (b) of this section, where the expenses related to the eve…

21 CAR § 3-207. What lobbyist activity reports do not have to disclose. Lobbyist activity reports do not have to disclose the following: (1) Office expenses other than those specifically required to be reported under 21 CAR § 3-203 of this part; (2) Unreimbursed personal living a…

21 CAR § 3-208. Maintenance of records. All registered lobbyists operating within the State of Arkansas shall maintain and preserve all accounts, bills, receipts, and any other documents necessary to substantiate the financial reports required by 21 CAR §§ 3-201 – 3-206 of this p…

21 CAR § 3-209. Provision of forms — Public availability of filed statements and reports. The Secretary of State, each county clerk, and each city clerk or recorder shall: (1) Provide forms approved by the Arkansas Ethics Commission for registration and for statements required by…

21 CAR § 3-301. Prohibited acts. (a) No person may purposely employ any lobbyist who is required to register as a lobbyist but is not registered pursuant to 21 CAR §§ 3-103 – 3-106. (b)(1) A former member of the General Assembly shall not take the following actions until two (2) …

21 CAR § 3-302. Penalties for failure to file or late filing of lobbyist activity reports. (a) In addition to other sanctions which may be imposed under Arkansas Code § 7-6-218(b)(4), lobbyists who fail to file activity reports when due shall be subject to fines for the late fili…

21 CAR § 3-303. Criminal penalties. (a) Pursuant to Arkansas Code § 7-6-218(b)(4)(D), the Arkansas Ethics Commission may report any person found to have violated any of this part to the proper law enforcement authorities. (b) Upon conviction, any person who violates any provision…

21 CAR § 4-101. Definitions. As set forth in Ark. Const. Art. 19, § 30(b), the following terms are defined: (1)(A) “Administrative action” means a decision on, or proposal, consideration, or making of a rule, regulation, ratemaking proceeding, or policy action by a governmental b…

21 CAR § 4-102. Gifts from lobbyists. As set forth in Ark. Const. Art. 19, § 30(a), persons elected or appointed to the following offices shall not knowingly or willfully solicit or accept a gift from a lobbyist, a person acting on behalf of a lobbyist, or a person employing or c…

21 CAR § 4-103. Penalties. As set forth in Ark. Const. Art. 19, § 30(c)(1), a person who knowingly violates 21 CAR § 4-102 of this part is guilty of a Class B misdemeanor. In addition to the foregoing penalty, the General Assembly shall provide by law for Ark. Const. Art. 19, § 3…

21 CAR § 4-104. Complaints. (a)(1) In accordance with Arkansas Code § 7-6-218, a complaint alleging a violation of Ark. Const. Art. 19, § 30, may be filed with the Arkansas Ethics Commission. (2) The complaint process is the subject of Sections (V) – (X) of the Arkansas Ethics Co…