Arkansas Administrative Code

15 CAR § 55-105. Review committee. (a) The review committee shall: (1) Review other states’ requirements and determine if they satisfy the requirements to be recognized as a qualified prescribed burner in the state; (2) Develop the qualified prescribed burner training course to b…

15 CAR § 55-106. 100-acre tract criteria. Non-qualified prescribed burners may burn one (1) one hundred-acre or less forested tract per day under the guidance of a properly developed prescribed burn plan in accordance with Acts 2023, No. 695.

15 CAR § 56-101. Applicability. (a) The provisions of this part are applicable to the operation of swine, poultry, or dairy farms or other confined animal operations using liquid animal waste management systems. (b) This part is not applicable to commercial waste hauling or comme…

15 CAR § 56-102. Exemption. Any confined animal operation using a liquid waste management system shall be exempt from the requirements of this part if the owner or operator obtains and maintains coverage under a National Pollutant Discharge Elimination System permit for discharge…

15 CAR § 56-103. Definitions. As used in this part: (1) “Best management practices” means schedules of activities, prohibited activities, maintenance procedures, and management practices that prevent or reduce pollution of the waters of the state, as set forth in this part and th…

15 CAR § 56-104. Permits — Applications — Procedures. (a) Requirements for a permit. No confined animal operation using a liquid animal waste management system shall be constructed or operated unless the owner has first obtained a permit from the Department of Agriculture. (b) Pe…

15 CAR § 56-105. Technical requirements. (a) Approval of design. No liquid animal waste management system shall be constructed, modified, or placed into operation unless in accordance with final design plans and specifications approved by the Department of Agriculture. (b) Design…

15 CAR § 56-106. Facility construction certification. (a) The provisions of this part require all confined animal operations to be constructed in accordance with plans and specifications approved by the Department of Agriculture. (b) Following completion of construction and prior…

15 CAR § 56-107. Alternative permitting — Waste management. (a) Permit for land application site only. (1) A separate permit may be issued for a land application site if the operator submits an application which includes a site management plan for the land application site and a …

15 CAR § 56-108. Facility closure plan required. (a) Should a permitted confined animal operation using a liquid manure management system cease operation, the permittee shall submit to the Department of Agriculture a closure plan for the liquid manure system storage/treatment str…

15 CAR § 56-109. Watershed specific rules. (a) As used in this section, “Buffalo National River Watershed” means the area within United States Geological Survey Hydrologic Unit Code 11010005. (b) The Department of Agriculture shall not issue a permit pursuant to this part for a n…

15 CAR § 56-110. Prohibitions. The operator of a confined animal operation constructed and operated as authorized by permit in accordance with the provisions of this part shall not allow or cause a point source discharge from any part of the liquid animal manure management system…

15 CAR § 56-111. Administrative procedures. (a) Administrative procedures. Hearings, notices, and adjudicative proceedings under this part will be in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq. (b) Penalty policy. For any violation…

15 CAR § 60-101. General policy statement. (a)(1) It is the goal of the Arkansas Development Finance Authority to establish and support a professional selection policy to address the procedures for engaging the services of professionals in carrying out the primary business of the…

15 CAR § 60-102. Professional selection procedures. (a) When requests for proposals are to be used. (1) The general rule for the selection of professionals for the Arkansas Development Finance Authority’s programs and projects involves the use of RFPs to solicit structured propos…

15 CAR § 60-103. Firms to receive an RFP. (a)(1) An approved list of professionals (investment banking firms, law firms, trustees, and master servicers, as the case may be) will be maintained by the Arkansas Development Finance Authority. (2) This list will automatically receive …

15 CAR § 60-104. Managing and comanaging underwriters. (a) All proposals submitted by underwriters, whether they are responses to an RFP or related to a special project, should list the proposed team of comanagers, if any, and describe the proposed division of the bonds among the…

15 CAR § 60-105. Composition of professional selection committees. (a) Staff Professional Selection Committee. (1) The initial level of review of proposals is performed by the Staff Professional Selection Committee. (2) The committee is composed of the following officers: (A) Vic…

15 CAR § 61-101. Introduction. (a) Acts 2005, No. 2173, permits the Arkansas Development Finance Authority to request a criminal background check on: (1) Applicants for employment or programs; or (2) Employees. (b) The following addresses the authority’s policy with regard to cri…

15 CAR § 61-102. Basis of denial for program participation. (a)(1) An allocation of state or federal low-income housing tax credits (LIHTCs) or tax-exempt private activity volume cap bonds or HOME Investment Partnerships Program funds will be denied to any applicant or recipient …

15 CAR § 61-103. Requirement to submit criminal background disclosure form. (a)(1) Each person listed in 15 CAR § 61-102(a), or their authorized representative, is required to complete, execute, and submit a “Criminal Background Disclosure Form - Housing” (Attachment A) as provid…

15 CAR § 61-104. Grounds for Arkansas Development Finance Authority to require criminal background checks. (a) Upon information that any person listed in 15 CAR § 61-102 may have committed any felony or at the discretion of the President of the Arkansas Development Finance Author…

15 CAR § 61-105. Review of criminal background checks. (a) The President of the Arkansas Development Finance Authority shall review the criminal background checks and any written information submitted by such person that he or she wants considered by the president. (b) Unless the…

15 CAR § 61-106. Waiver of convictions. (a) The President of the Arkansas Development Finance Authority shall have the authority to waive a conviction, as disqualifying of an application or as good cause for the return of LIHTCs, HOME Investment Partnerships Program funds, or eco…

15 CAR § 61-107. Disqualifying offenses. Notwithstanding 15 CAR §§ 61-105 and 61-106, any conviction of the following offenses, or its equivalent if convicted in some state or federal jurisdiction other than Arkansas, unless the subject of an official pardon, expungement, annulme…

15 CAR § 70-101. Development finance policy statement. (a) The Arkansas Development Finance Authority was created by Acts 1985, No. 1062 (Arkansas Code § 15-5-101 et seq.). (b) The Arkansas Development Finance Authority’s mission is to provide access to capital for qualified acti…

15 CAR § 70-102. Standard credit policy — Generally. (a) For the category of highest risk in Arkansas Development Finance Authority lending programs, the authority’s loan officers and Board of Directors of the Arkansas Development Finance Authority shall be guided by the followin…

15 CAR § 70-103. Standard credit policy — Qualifications. (a) Applications must comply with: (1) State of Arkansas legislative and constitutional law; and (2) Federal tax law, its requirements, and restrictions that are imposed on the issuance of tax exempt bonds. (b) An applican…

15 CAR § 70-104. Standard credit policy — Statutory restrictions. (a) The Arkansas Development Finance Authority’s enabling legislation, as amended, contains certain restrictions and limitations on eligible activities and borrowers. (b) These are the authority’s policies, which s…

15 CAR § 70-105. Standard credit policy — Eligibility. (a) Borrowers. Individuals, proprietorships, partnerships, corporations, tax exempt organizations, not-for-profit corporations (as defined by the tax code, e.g., 501(c)(3)), limited liability companies, and municipalities. (b…

15 CAR § 70-106. Standard credit policy — Credit rating categories. (a) Class I (highest quality). (1) Companies with ample cash flow to cover existing debt. (2) A history of stable, uninterrupted profits and the backing of local financial institutions. (3) The company should hav…

15 CAR § 70-107. Standard credit policy — Loan review. (a) Objectives. (1) Initially to provide a current appraisal of the quality of the loan portfolio by identifying problems of each individual loan. (2) Early detection of potential problems by analyzing each individual loan on…

15 CAR § 70-108. Standard credit policy — Reporting. (a) On a monthly basis, the staff shall provide monthly reporting of the loan status to the Board of Directors of the Arkansas Development Finance Authority: (1) Of all problem loans and loans classified with a credit rating sc…

15 CAR § 71-101. Purpose. The purpose of this part is to provide procedures, standards, and criteria for making loan guarantees or other forms of credit guarantees for the Disadvantaged Business Enterprise Contractor Loan Insurance Program under the Arkansas Development Finance A…

15 CAR § 71-102. Operation of fund. (a) Authority for the day-to-day operation of the Small Business Revolving Loan Fund, excluding the approval of loan guarantees or other forms of credit guarantees, is delegated by the Board of Directors of the Arkansas Development Finance Auth…

15 CAR § 71-103. Definitions. As used in this part: (1) "Applicant" means a financial institution; (2) "Application" means a request for a loan or other credit guarantee submitted to the Arkansas Development Finance Authority by a financial institution; (3) "Authority" means the …

15 CAR § 71-104. Eligibility. (a) Eligible purposes are defined in 15 CAR § 403-103(8). (b) Eligible borrowers are defined in 15 CAR § 403-103(5). (c) Eligible financial institutions are defined in 15 CAR § 403-103(10).

15 CAR § 71-105. Application contents. (a) Required contents. Unless waived by the Arkansas Development Finance Authority, the financial institution shall submit to the authority an application containing the following: (1) A completed General Information Sheet form provided by t…

15 CAR § 71-106. Application procedure. (a) The Arkansas Development Finance Authority in its sole and absolute discretion shall determine when an application is complete. (b) It shall be the responsibility of the lender to submit a complete application. (c) The Small Business Lo…

15 CAR § 71-107. Application approval or rejection. (a) Upon approval of an application by the Small Business Loan Committee of the Board of Directors of the Arkansas Development Finance Authority, the President of the Arkansas Development Finance Authority, Vice President of Dev…

15 CAR § 71-108. Appeal to the Board of Directors of the Arkansas Development Finance Authority. (a)(1) In the event that an application is rejected by the President of the Arkansas Development Finance Authority or Vice President of Development Finance or their designees, the bor…

15 CAR § 71-109. Loan and insurance terms and conditions. (a) Interest rate and term. The rate of interest on the insured loan and the term of the loan shall be agreed between the lender and borrower, subject to the approval of the Arkansas Development Finance Authority, provided…

15 CAR § 71-110. Loan insurance. (a) The Arkansas Development Finance Authority may insure up to ninety percent (90%) of a loan, with a not to exceed maximum loan insurance amount of fifty thousand dollars ($50,000). (b)(1) Should a business that is the subject of an insured loan…

15 CAR § 71-111. Loan insurance agreement. (a) No loan authorization shall be effective unless the lender and the Arkansas Development Finance Authority have executed a loan insurance agreement in a form acceptable to the authority setting forth the relative rights and responsibi…

15 CAR § 71-112. Insurance premiums. (a) The Arkansas Development Finance Authority shall charge a one-time, up-front insurance premium. (b) Premiums are due at the time a lender originates a loan and executes a loan authorization with the authority. (c) The authority’s insurance…

15 CAR § 71-113. Administrative costs of the program. The Arkansas Development Finance Authority may charge the Arkansas Development Finance Authority Small Business Revolving Loan Fund actual and necessary administrative expenses in operating the insurance program.

15 CAR § 71-114. Confidential records. (a) The President of the Arkansas Development Finance Authority or his or her designee shall provide nonexempt program records for inspection in accordance with the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq. (b) Th…