Arkansas Administrative Code

23 CAR § 372-210. Inspection of solicitation records. (a)(1) All data, materials, and documentation originated and prepared for the Office of the Arkansas Lottery pursuant to solicitations shall belong exclusively to the office and may be available to the public in accordance wit…

23 CAR § 372-211. Presolicitation process. (a) Whenever the Office of the Arkansas Lottery wants to evaluate the availability, durability, adaptability, or other specifications of goods or services in advance of seeking to procure such goods or services, the Director of the Offic…

23 CAR § 372-301. Generally. (a) The Office of the Arkansas Lottery will generally conduct a competitive process for goods or services by issuing a solicitation document. (b) The office shall award contracts for goods or services by one (1) of the source selection methods in this…

23 CAR § 372-302. Sole-source procurements. (a)(1) For the purposes of this part, "sole-source procurements" means those procurements which, by virtue of the performance specification, are available from a single source. (2) Brand name or design specifications shall not be suffic…

23 CAR § 372-303. Requests for proposals. (a) The provisions of this section shall be applicable solely to solicitations of major procurement contracts by means of an RFP. (b) Issuance of RFP. (1) The Office of the Arkansas Lottery shall prepare and issue an RFP and evaluate prop…

23 CAR § 372-304. Requests for qualifications. (a) The provisions of this section will be applicable solely to solicitations of major procurement contracts by means of an RFQ. (b) The request for qualifications procurement method is used when the qualifications or specialized exp…

23 CAR § 372-305. Alternative methods. (a) The Office of the Arkansas Lottery reserves the right to use an alternative procurement method if that method will be more likely to: (1) Maximize the office’s net revenue; (2) Achieve the specific business objective or business objectiv…

23 CAR § 372-306. Emergency procurements. The Director of the Office of the Arkansas Lottery may make emergency procurements in accordance with Arkansas Code § 19-11-233.

23 CAR § 372-401. Applicability. (a) This subpart shall only be applicable to major procurement contracts. (b) Arkansas Code § 19-11-244 shall govern all grievances with either the solicitation or the award of small and intermediate procurements.

23 CAR § 372-402. Filing of a protest. (a)(1) Any actual or prospective bidder, proposer, offeror, or contractor who is aggrieved in connection with the solicitation or award of a major procurement contract may file a protest seeking a determination with respect to any matter rel…

23 CAR § 372-403. Time for filing a protest. (a) Protests concerning a solicitation. (1)(A) A protest in regard to a major procurement contract solicitation for which the basis for the protest is reasonably apparent before the closing date for receipt of initial proposals shall b…

23 CAR § 372-404. Notice to others. In the event a protest is filed, the Director of the Office of the Arkansas Lottery shall immediately provide a copy of the protest to the Office of the Arkansas Lottery and to the successful person or entity, if an award has been made or, if n…

23 CAR § 372-405. Confidential information. (a) If the petitioner believes the protest contains material that should be withheld, a statement advising the procurement director of the Office of the Arkansas Lottery of this fact shall accompany the protest submission. (b) Material …

23 CAR § 372-406. Decision by the director. (a) The Director of the Office of the Arkansas Lottery, or a hearing officer designated by him or her, shall have the exclusive authority to decide all protests. (b) After submittal of a timely protest and prior to issuance of a written…

23 CAR § 372-407. Hearing procedures. (a)(1) All hearings conducted under this part shall be conducted by the Director of the Office of the Arkansas Lottery or by a hearing officer designated by the director. (2) The decision as to whether the director or a hearing officer will c…

23 CAR § 372-408. Procedure for filing an appeal to the office. (a)(1) A petitioner may appeal a decision of the Director of the Office of the Arkansas Lottery or hearing officer to the Office of the Arkansas Lottery. (2) Any appeal from a decision of the director or hearing offi…

23 CAR § 372-409. Office’s decision. (a)(1) The Office of the Arkansas Lottery may review the record without a hearing or oral argument and issue a written decision on behalf of the office. (2) The Commissioners, pursuant to the power granted to them in Arkansas Code § 23-115-205…

23 CAR § 372-410. Judicial review. Any adverse final decision of the Office of the Arkansas Lottery issued under this subpart shall be subject to judicial review pursuant to Arkansas Code § 23-115-209 by any person or entity who was a party to the appeal, and the complaint seekin…

23 CAR § 372-411. Exclusive remedy. (a) This part provides the exclusive procedure for asserting a claim against the Office of the Arkansas Lottery arising out of or relating to any matter related to the procurement process for any major procurement contract. (b) Neither an aggri…

23 CAR § 372-501. Approval required. (a) The Director of the Office of the Arkansas Lottery or his or her designee must approve and sign each Office of the Arkansas Lottery purchase order or contract. (b) Only the director or his or her designee is authorized to bind the office i…

23 CAR § 372-502. Contractual award and agreement — General. (a) The Office of the Arkansas Lottery shall award the contract to the responsible offeror submitting solicitation whose bid, offer, quote, or proposal represents the best value to the office and offers what the office …

23 CAR § 373-101. Purpose and scope. (a) The purpose of this part is to prescribe the process concerning the consideration of claims in contract or in tort against the Office of the Arkansas Lottery. (b) This part applies to all contracts entered into with the office and are issu…

23 CAR § 373-102. Definitions. As used in this part: (1) "Act" means the Arkansas Scholarship Lottery Act, Arkansas Code § 25-115-101 et seq.; (2)(A) "Contract" means all types of state agreements, regardless of what they may be called, for the purchase of commodities and service…

23 CAR § 373-103. Policies. (a) This part does not waive the Office of the Arkansas Lottery’s sovereign immunity to suit or liability. (b)(1) This part applies to controversies between the office and a contractor which arise under or by virtue of a contract between them. (2) This…

23 CAR § 373-201. Procedure. (a) A contractor (hereinafter claimant) asserting a claim of breach of contract or an action in tort against the Office of the Arkansas Lottery must file notice of the claim as provided by this section. (b)(1) The notice of claim shall: (A) Be in writ…

23 CAR § 373-202. Timetable. (a) Following receipt of a notice of claim, the Director of the Office of the Arkansas Lottery shall review the claim and initiate negotiations with the claimant to attempt to resolve the claim. (b) The parties shall begin negotiations within a reason…

23 CAR § 373-203. Conduct of negotiation. (a) A negotiation under this section may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties, including, without limitation, negotiation: (1) In person; (2) By telephone; (3) By …

23 CAR § 373-204. Settlement agreement. (a) A settlement agreement may resolve: (1) An entire claim; or (2) Any designated and severable portion of a claim. (b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the aggrieved party and t…

23 CAR § 373-205. Prerequisites to any other remedy. The procedures contained in this subpart are exclusive and required prerequisites any other remedy.

23 CAR § 373-206. Dispute hearing. (a)(1) If the Director of the Office of the Arkansas Lottery receives an automatic request for a decision pursuant to Subpart 2 of this part, the director shall issue a written decision within ten (10) business days. (2) The decision shall state…

23 CAR § 373-301. Generally. (a) A claimant may appeal the decision of the commissioners of the Office of the Arkansas Lottery to the Arkansas State Claims Commission, pursuant to Arkansas Code §§ 23-115-208 and 19-10-201. (b) The claimant may: (1) Within forty (40) days after th…

23 CAR § 373-302. Exclusive remedy. (a) This part provides the exclusive procedure for asserting a claim against the Office of the Arkansas Lottery arising out of or relating to any matter related to contract or torts. (b) Neither an aggrieved person, nor any other interested par…

24 CAR § 1-101. Disclosure of information. (a) Disclosure of information from Arkansas Public Employees’ Retirement System records and meetings shall be open to the public as provided by: (1) Arkansas Code § 25-19-101; (2) Arkansas Code § 21-12-203; and (3) Other applicable law. …

24 CAR § 1-102. Expense reimbursement for members of the board. (a)(1) In accordance with Acts 1995, No. 1211, the Board of Trustees of the Arkansas Public Employees’ Retirement System does hereby authorize expense reimbursement for board members to attend all regular and special…

24 CAR § 1-103. Employer contribution rates. In accordance with the provisions of Arkansas Code § 24-2-701, the Board of Trustees of the Arkansas Public Employees’ Retirement System will establish the employer contribution rate for both the state and local divisions to take effec…

24 CAR § 1-104. Employer reporting — Time and frequency of employer and employee contributions and the monthly report of service and earnings. In accordance with Acts 2015, No. 91, Arkansas Code § 24-4-202, the Board of Trustees of the Arkansas Public Employees’ Retirement System…

24 CAR § 1-105. Appeals from the executive director’s determinations to the board. Beginning with the adoption of this section, the following procedures shall be followed in any administrative appeals to the Board of Trustees of the Arkansas Public Employees’ Retirement System fr…

24 CAR § 1-106. Employer contributions for rehired retirees. (a) In compliance with Acts 2011, No. 558, when any employer covered by the Arkansas Public Employees’ Retirement System hires a system retiree into any position, that employer shall make the same employer contributions…

24 CAR § 1-107. Declaratory orders. (a) Purpose and use of declaratory orders. (1) To the extent any retirant or member of the Arkansas Public Employees’ Retirement System has questions concerning the applicability of any rule, statute, or other order of the Board of Trustees of …

24 CAR § 1-201. Age of members — How established. (a)(1) Effective with retirements commencing on or after July 1, 2011, proof of age must be provided by the member directly to the Arkansas Public Employees’ Retirement System before a benefit can be paid. (2) Employer certificati…

24 CAR § 1-202. Beneficiary — How changed. A member of the Arkansas Public Employees’ Retirement System can only change a beneficiary by use of the form designated by the Board of Trustees of the Arkansas Public Employees’ Retirement System to be used for such purposes.

24 CAR § 1-203. Disability retirement. (a) Disability retirement for a member of the Arkansas Public Employees’ Retirement System can be approved in one (1) of two (2) ways: (1)(A) Before a member can be approved for disability retirement from the system, he or she must first app…

24 CAR § 1-204. Computation of benefits for members with concurrent service in the system. In accordance with the authority provided in Arkansas Code §§ 24-4-105(b)(1) and 24-4-521, the Board of Trustees of the Arkansas Public Employees’ Retirement System has determined that bene…

24 CAR § 1-205. Physical or mental incompetency. (a) For the purpose of approving a death-in-service benefit, a dependent child above the age of eighteen (18) will be considered mentally or physically incompetent by one (1) of the following methods: (1) Proof that the dependent h…

24 CAR § 1-206. Cancellation of retirement. A member may cancel his or her retirement if: (1) He or she notifies the Arkansas Public Employees’ Public Retirement System in writing prior to the effective date of retirement; or (2) After the effective date, he or she may cancel by:…

24 CAR § 1-207. Qualified domestic relations orders. (a) In accordance with Acts 1993, No. 1143, the Arkansas Public Employees’ Retirement System will comply with qualified domestic relations orders (QDROs) issued by chancery courts in the State of Arkansas that meet the followin…

24 CAR § 1-208. Crediting reciprocal service during the same fiscal year. If a member has reciprocal service during the same fiscal year with both the Arkansas Teacher Retirement System and the Arkansas Public Employees’ Retirement System and if, under the two (2) systems’ standa…

24 CAR § 1-209. Public safety credit. (a)(1) Public safety credit will be granted: (A) Only to those positions delineated in Arkansas Code § 24-4-101(34); and (B) In the instance of police officers, only to those officers: (i) Whose primary duty is law enforcement; and (ii) Who a…

24 CAR § 1-210. Changes in final average salary benefit computation. If earnings reported after the date of retirement are not equal to those certified by the employer, the benefit amount will not be adjusted if the resulting increase or decrease would be three dollars ($3.00) or…

24 CAR § 1-211. Compliance with benefits limits imposed by Section 415 of the Internal Revenue Code. The following guidelines for complying with qualified plan benefit limitations imposed by I.R.C. § 415 shall be followed in accordance with Acts 1995, No. 739: (1) Total employer …