Arkansas Administrative Code

15 CAR § 195-104. Eligibility criteria. (a) All grant applicants must meet the definition of an eligible applicant in 15 CAR § 195-102(2). (b) If the eligible applicant has an option on an eligible site, the applicant must own the property by the time the grant agreement is execu…

15 CAR § 195-105. Matching funds requirements. (a) The Arkansas Site Development Grant requires an eligible applicant to invest a minimum funding match of five percent (5%) of the overall project cost estimate, as stated in the application. (b)(1) An eligible applicant’s five per…

15 CAR § 195-106. Application process. (a)(1) An Arkansas Site Development Grant application shall be submitted to the Arkansas Economic Development Commission on forms provided by the commission. (2) All applications and supporting documentation must be complete and submitted by…

15 CAR § 195-107. Application review and approval process. (a)(1) Arkansas Site Development Grant applications will be date stamped and reviewed in order of receipt. (2) A review team shall be designated by the Director of the Arkansas Economic Development Commission. (b) Eligibl…

15 CAR § 195-108. Notice of approval. (a) Arkansas Site Development Grant amounts: (1) Shall be awarded at the discretion of the Director of the Arkansas Economic Development Commission based on the recommendations of the review team; and (2) May be for amounts less than requeste…

15 CAR § 195-109. Grant agreement. (a) After receiving a grant award notification letter each applicant shall execute a grant agreement with the Arkansas Economic Development Commission. (b) The grant agreement shall specify: (1) The eligibility date for incurring project costs; …

15 CAR § 195-110. Grantee responsibilities and reporting requirements. (a) Project funds will be expended through a fund established on the books of the grantee. (b) The grantee retains the following documents on file for three (3) years or until audited, whichever is later: (1) …

15 CAR § 210-101. Generally. (a) The Arkansas Waterways Commission was established by Acts 1967, No. 242, and its powers and duties were amended by Acts 1973, No. 414. (b) The commission’s general authority is codified at Arkansas Code § 15-23-201. (c) The commission is the sole …

15 CAR § 210-102. Purpose. This part governs the Arkansas Port, Intermodal, and Waterway Development Grant Program.

15 CAR § 210-103. Program description. (a) The Arkansas Port, Intermodal, and Waterway Development Grant Program provides financial assistance to port authorities and intermodal authorities for the purpose of funding port development projects. (b) The goals of the program are to:…

15 CAR § 210-104. Type of award. (a) The total maximum funding will be limited to the amount of money made available to the Arkansas Waterways Commission for the program. (b)(1) There is no minimum amount of funding that may be applied for by an eligible applicant. (2) The maximu…

15 CAR § 210-105. Eligibility criteria. (a)(1) Eligible applicants are an Arkansas public port authority or public intermodal authority with facilities located on the Arkansas, Mississippi, Ouachita, White, or Red Rivers. (2) A port facility can include an intermodal facility and…

15 CAR § 210-106. Conflict of interest. (a) No director, officer, or employee of the Arkansas Waterways Commission, for purpose of personal gain, shall have or attempt to have, directly or indirectly, any interest in any contract or agreement of the commission in connection with …

15 CAR § 210-107. Application process. (a) Applications for the Arkansas Port, Intermodal, and Waterway Development Grant Program shall be submitted on the form prescribed by the Arkansas Waterways Commission. (b)(1) A resolution passed by the board of the grant applicant must be…

15 CAR § 210-108. Evaluation. (a) Projects will be evaluated by the Arkansas Waterways Commission, which may request the assistance of appropriate representatives from: (1) Academia; (2) Private enterprise; or (3) The public sector. (b) Applications meeting the eligibility requir…

15 CAR § 210-109. Evaluation criteria. (a) The qualified applicant and the associated enterprise must have the support and resources available to ensure a reasonable probability of project success if a development grant is awarded. (b)(1) The proposed development project must hav…

15 CAR § 210-110. Grant awards. (a)(1) The Arkansas Waterways Commission shall make the final decision to select recipients of funding from the Arkansas Port, Intermodal, and Waterway Development Grant Program. (2) Funding decisions will be based on information derived from the p…

15 CAR § 210-111. Grant reporting. (a) Grantees shall complete a quarterly, signed expenditure report and submit it to the Arkansas Waterways Commission within thirty (30) days of report being due, certifying the accurate expenditure of funds, to remain in compliance and be eligi…

15 CAR § 210-112. Freedom of Information Act of 1967. All information submitted in applications is subject to the provisions of the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.

16 CAR § 1-101. Commission powers and duties. (a) The Arkansas Public Defender Commission is a board of seven (7) persons who are appointed by the Governor. (b) The commission is required to be composed of at least four (4) attorneys, one (1) county judge, and at least one (1) tr…

16 CAR § 70-101. Statement of organization and operations. (a) The Arkansas Fair Housing Commission is an agency of state government created by Acts 2001, No. 1785 (hereafter “act”). (b) The General Assembly has delegated to the commission: (1) Regulatory authority to receive, in…

16 CAR § 70-102. Information for public guidance. (a)(1) The agency makes available a list of persons holding certain responsibilities for handling Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq., requests, licensing questions, and complaints so that the pub…

16 CAR § 70-103. General organization. (a)(1) The business of the Arkansas Fair Housing Commission will be conducted in public meetings pursuant to Robert’s Rules of Order. (2) All meetings will be conducted in conformity with the Freedom of Information Act of 1967, Arkansas Code…

16 CAR § 70-104. Rulemaking. (a) Authority. (1) The Arkansas Fair Housing Commission has been authorized by the General Assembly to promulgate rules, Section 5(a) of Acts 2001, No. 1785. (2) The commission follows the procedural requirements of the Arkansas Administrative Procedu…

16 CAR § 70-105. Emergency rulemaking. (a) Request for emergency rulemaking. (1) The proponent of a rule may request the Arkansas Fair Housing Commission to adopt an emergency rule. (2) In addition to the text of the proposed rule or amendment to an existing rule and any other in…

16 CAR § 70-106. Adjudicative hearings. (a) Scope of this section. (1) This section applies in all administrative adjudications conducted by the Arkansas Fair Housing Commission. (2) This procedure is developed to provide a process by which the commission formulates. (b) Presidin…

16 CAR § 10-101. Definitions. As used in this part: (1) “ADC” means commitment to the Division of Correction; (2) “AS” means alternative sanctions and includes: (A) Probation, both supervised and unsupervised; (B) Suspended imposition of sentence; (C) Work on service programs cou…

16 CAR § 10-102. Policy statements. (a) Community correction centers. (1) Only defendants who have been found guilty of a target offense are eligible to be sentenced to a community correction center. (2) Sentences to a community correction center should only be utilized for those…

16 CAR § 10-103. Arkansas Sentencing Standards Grid. Effective Date - For Offenses Committed January 1, 2018 and Thereafter Criminal History Score Offense Seriousness012345+ 10ADC300-480 (25-40 yrs)ADC360-480 (30-40 yrs)ADC420-540 (35-45 yrs)ADC480-600 (40-50 yrs)ADC480-720 (40-6…

16 CAR § 11-101. Applicability. (a) Eligibility for earned release credits pursuant to this part is subject to requirements set forth in the Arkansas Code. (b) In the event this part conflicts with the Arkansas Code, any restrictions or limitations on eligibility for earned relea…

16 CAR § 11-102. Policy. (a) Application. (1)(A) This part is governed by Arkansas Code § 16-93-1804(4). (B) Any person falling under these provisions is eligible for transfer to post-release supervision when the term of confinement and his or her earned release credit equals or …

16 CAR § 21-101. Generally. Any person sentenced to death may apply for executive clemency; Ark. Const. art. VI, § 18.

16 CAR § 21-102. Definitions. As used in this part: (1) “Commutation” means a permanent change of sentence or punishment, such as changing a death sentence to a sentence of life without parole or reducing the term of years; (2) “Executive clemency” or “clemency” means the process…

16 CAR § 21-103. Procedure. (a) Applications. (1) Obtaining an application. (A) A person who is incarcerated may request an application from the unit’s institutional release officer. (B) A person who is not incarcerated may request an application from the Office of Institutional …

16 CAR § 22-101. Definitions. As used in this part: (1) “Abscond warrant” means a warrant issued by the Post-Prison Transfer Board for the arrest of an offender for a violation of any condition or conditions of post-release supervision that require reporting; (2) “Administrative …

16 CAR § 22-201. Warrant and criteria for arrest of offender. (a)(1) At any time during an offender’s post-release supervision, the Post-Prison Transfer Board may issue a warrant for the arrest of the offender for the violation of any conditions of post-release supervision as def…

16 CAR § 22-202. Warrant issuance. If at any time a violation of any conditions of post-release supervision occurs, the Post-Prison Transfer Board may, as referenced in Arkansas Code §§ 16-93-705(a)(1)(A)(i), 16-93-1908(a)(1)(A), 16-93-712(b)(2), and 16-93-1811, issue a: (1) Warr…

16 CAR § 22-203. Types of board warrants. Board warrants include without limitation: (1) Technical warrants; (2) Abscond warrants; (3) Violent Offense Technical Warrants; or (4) Violent Offense Abscond Warrants.

16 CAR § 22-204. Warrant review procedures. (a) Warrant review process. (1) Technical warrants are subject to Post-Prison Transfer Board review and board voting before issuance. (2) The following warrants are subject to board review before issuance: (A) Abscond warrants; (B) Viol…

16 CAR § 22-205. Discretionary warrants and notices. (a)(1)(A) The Division of Community Correction shall provide the information necessary for the Post-Prison Transfer Board to issue a warrant. (B) See Arkansas Code §§ 16-93-705(a)(1)(A)(ii) and 16-93-1908(a)(1)(C). (2) The info…

16 CAR § 22-206. Mandatory warrants. (a) Felony charge warrants. (1) The Post-Prison Transfer Board shall issue a warrant for the arrest of an offender on post-release supervision if the board determines, as referenced in Arkansas Code § 16-93-705(a)(1)(B)(i), that the offender h…

16 CAR § 22-301. Administrative revocation for a new felony commitment. (a)(1) When an offender subject to post-release supervision is convicted of a new felony offense and is sentenced to a term of imprisonment of twelve (12) months or longer to the Department of Corrections or …

16 CAR § 22-302. Revocation hearing. (a) Revocation hearing requirement. (1) Revocation of an offender’s post-release supervision requires a hearing unless waived by the offender as set forth in 16 CAR § 22-305. (2) See Arkansas Code §§ 16-93-705(b)(1), 16-93-705(c)(1)(A), 16-93-…

16 CAR § 22-303. Revocation hearing decision. (a) For offenses committed or conditions violated prior to January 1, 2025, the revocation hearing judge shall decide whether, by a preponderance of the evidence, the offender has inexcusably failed to comply with the conditions of hi…

16 CAR § 22-304. Revocation hearing continuance. (a) Request for continuance. (1) The offender, his or her attorney, his or her community supervision officer, or an arresting officer may request a continuance of the revocation hearing based on witness availability, weather condit…

16 CAR § 22-305. Revocation hearing waiver. (a) Option to waive. (1) Prior to the revocation hearing, the offender shall be offered the option to: (A) Waive the revocation hearing; and (B) Agree to a term of incarceration that is dependent on the facts surrounding the violation o…

16 CAR § 22-401. Revocation appeal request. (a) Notification. (1) The offender shall be provided notice of the right to appeal the revocation decision. (2) This notification of the right to file an appeal will be included in the copy of the revocation decision. (b) Filing an appe…

16 CAR § 22-402. Revocation appeal review. (a) Post-Prison Transfer Board review. (1) The Post-Prison Transfer Board will review the appeal, considering the evidence and grounds presented by the offender or his or her attorney. (2) The appeal shall be presented to the board as so…

16 CAR § 22-501. Waiver appeal request. (a) Waiver granted. (1) If a waiver of the revocation hearing is granted, the offender may subsequently appeal the waiver to the Post-Prison Transfer Board. (2) See Arkansas Code §§ 16-93-705(c)(1)(B) and 16-93-1908(c)(1)(B). (b) Notificati…

16 CAR § 22-502. Waiver appeal review. (a) Post-Prison Transfer Board review. The Post-Prison Transfer Board will review the waiver appeal request as follows: (1) The waiver appeal shall be presented to the board as soon as practical after it is received; (2) The waiver appeal wi…