Secretary of the Department of Labor and Licensing — Authority

Ark. Code Ann. § 25-43-1108 — under Cabinet-Level Departments of the Executive Branch.

Ark. Code Ann. § 25-43-1108

(a) Notwithstanding any other provision of law concerning a board, commission, section, or division under the Department of Labor and Licensing, the Secretary of the Department of Labor and Licensing shall have the authority to:(1) Hire and fire:(A) The executive director of a board, commission, section, or division of the Department of Labor and Licensing; and(B) An agent, employee, or independent contractor of a board, commission, section, or division under the Department of Labor and Licensing;(2) Serve or designate an individual to serve on behalf of the secretary on any board, commission, section, or division for which the secretary or any other agent or employee of the Department of Labor and Licensing is designated to serve with the same rights, powers, and position; and(3) Structure, restructure, or otherwise organize the staff and duties of each board, commission, section, or division of the Department of Labor and Licensing, including without limitation:(A) Organizing the function and operation of the staff of a board, commission, section or division of the Department of Labor and Licensing;(B) Assigning a position and duties to an employee; and(C) (i) Transferring a position, employee, or job assignment on a permanent or temporary basis to enable the efficient operation of each board, commission, section, and division of the Department of Labor and Licensing upon the approval of the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee.(ii) The Department of Finance and Administration and the Department of Shared Administrative Services shall provide any assistance required to enable a position transfer under subdivision (a)(3)(C)(i) of this section.(iii) (a) Determining the maximum number of employees and the maximum amount of appropriation of general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly and is usually accomplished by delineating the maximums in the appropriation act for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization Law.(b) In light of subdivision (a)(3)(C)(i) of this section, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee or their cochairs as provided by this subdivision (a)(3)(C).(c) The requirement of approval by the Legislative Council or Joint Budget Committee or their cochairs is not a severable part of this subdivision (a)(3)(C). If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this subdivision (a)(3)(C) is void.

(1) Hire and fire:(A) The executive director of a board, commission, section, or division of the Department of Labor and Licensing; and(B) An agent, employee, or independent contractor of a board, commission, section, or division under the Department of Labor and Licensing;

(A) The executive director of a board, commission, section, or division of the Department of Labor and Licensing; and

(B) An agent, employee, or independent contractor of a board, commission, section, or division under the Department of Labor and Licensing;

(2) Serve or designate an individual to serve on behalf of the secretary on any board, commission, section, or division for which the secretary or any other agent or employee of the Department of Labor and Licensing is designated to serve with the same rights, powers, and position; and

(3) Structure, restructure, or otherwise organize the staff and duties of each board, commission, section, or division of the Department of Labor and Licensing, including without limitation:(A) Organizing the function and operation of the staff of a board, commission, section or division of the Department of Labor and Licensing;(B) Assigning a position and duties to an employee; and(C) (i) Transferring a position, employee, or job assignment on a permanent or temporary basis to enable the efficient operation of each board, commission, section, and division of the Department of Labor and Licensing upon the approval of the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee.(ii) The Department of Finance and Administration and the Department of Shared Administrative Services shall provide any assistance required to enable a position transfer under subdivision (a)(3)(C)(i) of this section.(iii) (a) Determining the maximum number of employees and the maximum amount of appropriation of general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly and is usually accomplished by delineating the maximums in the appropriation act for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization Law.(b) In light of subdivision (a)(3)(C)(i) of this section, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee or their cochairs as provided by this subdivision (a)(3)(C).(c) The requirement of approval by the Legislative Council or Joint Budget Committee or their cochairs is not a severable part of this subdivision (a)(3)(C). If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this subdivision (a)(3)(C) is void.

(A) Organizing the function and operation of the staff of a board, commission, section or division of the Department of Labor and Licensing;

(B) Assigning a position and duties to an employee; and

(C) (i) Transferring a position, employee, or job assignment on a permanent or temporary basis to enable the efficient operation of each board, commission, section, and division of the Department of Labor and Licensing upon the approval of the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee.(ii) The Department of Finance and Administration and the Department of Shared Administrative Services shall provide any assistance required to enable a position transfer under subdivision (a)(3)(C)(i) of this section.(iii) (a) Determining the maximum number of employees and the maximum amount of appropriation of general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly and is usually accomplished by delineating the maximums in the appropriation act for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization Law.(b) In light of subdivision (a)(3)(C)(i) of this section, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee or their cochairs as provided by this subdivision (a)(3)(C).(c) The requirement of approval by the Legislative Council or Joint Budget Committee or their cochairs is not a severable part of this subdivision (a)(3)(C). If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this subdivision (a)(3)(C) is void.

(i) Transferring a position, employee, or job assignment on a permanent or temporary basis to enable the efficient operation of each board, commission, section, and division of the Department of Labor and Licensing upon the approval of the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee.

(ii) The Department of Finance and Administration and the Department of Shared Administrative Services shall provide any assistance required to enable a position transfer under subdivision (a)(3)(C)(i) of this section.

(iii) (a) Determining the maximum number of employees and the maximum amount of appropriation of general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly and is usually accomplished by delineating the maximums in the appropriation act for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization Law.(b) In light of subdivision (a)(3)(C)(i) of this section, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee or their cochairs as provided by this subdivision (a)(3)(C).(c) The requirement of approval by the Legislative Council or Joint Budget Committee or their cochairs is not a severable part of this subdivision (a)(3)(C). If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this subdivision (a)(3)(C) is void.

(a) Determining the maximum number of employees and the maximum amount of appropriation of general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly and is usually accomplished by delineating the maximums in the appropriation act for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization Law.

(b) In light of subdivision (a)(3)(C)(i) of this section, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee or their cochairs as provided by this subdivision (a)(3)(C).

(c) The requirement of approval by the Legislative Council or Joint Budget Committee or their cochairs is not a severable part of this subdivision (a)(3)(C). If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this subdivision (a)(3)(C) is void.

(b) A provision of law existing on August 5, 2025, shall be superseded by this section to the extent the provision states or implies the following:(1) The authority of a board, commission, section, or division under the Department of Labor and Licensing supersedes the authority of the secretary to hire an executive director or any other agent, employee, or independent contractor of a board, commission, section, or division of the Department of Labor and Licensing;(2) The role of the secretary is merely a consulting role; or(3) An agent, employee, or independent contractor of the Department of Labor and Licensing serves at the pleasure of a person, a public official, or an entity other than the secretary.

(1) The authority of a board, commission, section, or division under the Department of Labor and Licensing supersedes the authority of the secretary to hire an executive director or any other agent, employee, or independent contractor of a board, commission, section, or division of the Department of Labor and Licensing;

(2) The role of the secretary is merely a consulting role; or

(3) An agent, employee, or independent contractor of the Department of Labor and Licensing serves at the pleasure of a person, a public official, or an entity other than the secretary.