Title 25, State Government

(a) As used in this section, “agency” means the same as defined at § 25-15-202. (b) (1) An agency shall not assess a fee or penalty without specific statutory authority to:(A) Assess a certain type and amount of fee or penalty; or(B) Impose a fee or penalty in general.(2) (A) An …

This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.

(1) As used in this subchapter:(1) (A) “Adjudication” means an agency process for the formulation of an order.(B) “Adjudication” does not include inmate disciplinary proceedings conducted by the Division of Correction and the Division of Community Correction;(2) (A) “Agency” mean…

(a) In addition to other rulemaking requirements imposed by law, each agency shall:(1) Adopt as a rule a description of its organization, stating the general course and method of its operations, including the methods whereby the public may obtain information or make submissions o…

(a) Prior to the adoption, amendment, or repeal of a rule, the agency shall:(1) (A) (i) Give at least thirty (30) days' notice of its intended action.(ii) The thirty-day period shall begin on the first day of the publication of notice.(B) The notice shall include:(i) A statement …

(a) (1) The Secretary of State shall compile, index, and publish on its website a document to be known as “The Arkansas Register”.(2) The register shall contain:(A) A copy of each rule, including without limitation an emergency rule, proposed by an agency;(B) A financial impact s…

Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory orders as to the applicability of any rule, statute, or order enforced by it. These declaratory orders shall have the same status as agency orders in cases of adjudication.

(a) The validity or applicability of a rule may be determined in an action for declaratory judgment if it is alleged that the rule, or its threatened application, injures or threatens to injure the plaintiff in his or her person, business, or property. (b) The action may be broug…

(a) In every case of adjudication:(1) All parties shall be afforded an opportunity for hearing after reasonable notice;(2) The notice shall include:(A) A statement of the time, place, and nature of the hearing;(B) A statement of the legal authority and jurisdiction under which th…

(a) Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make final or proposed findings of fact or conclusions of law in any case of adjudication shall not communicate, directly or indire…

(a) When, in a case of adjudication, a majority of the officials of the agency who are to render the decision have not heard the case or read the record, the decision, if adverse to a party other than the agency, shall not be made until a proposal for decision is served upon the …

(a) When the grant, denial, or renewal of a license is required by law to be preceded by notice and an opportunity for hearing, the provisions of this subchapter concerning cases of adjudication apply. (b) When a licensee has made timely and sufficient application for the renewal…

(a) In cases of adjudication, any person, except an inmate under sentence to the custody of the Division of Correction, who considers himself or herself injured in his or her person, business, or property by final agency action shall be entitled to judicial review of the action u…

(1) In every case of adjudication, and in cases of rulemaking in which rules are required by law to be made on the record after opportunity for an agency hearing, and in cases of rulemaking in which, pursuant to § 25-15-204(a)(2), the agency shall direct that oral testimony be ta…

In any case of rulemaking or adjudication, if an agency shall unlawfully, unreasonably, or capriciously fail, refuse, or delay to act, any person who considers himself or herself injured in his or her person, business, or property by the failure, refusal, or delay may bring suit …

(a) (1) The Attorney General shall publish model rules of procedure for use by agencies.(2) The model rules shall include general functions and duties commonly performed by agencies. (1) The Attorney General shall publish model rules of procedure for use by agencies. (2) The mode…

(a) (1) As soon as is practicable after each regular session and fiscal session of the General Assembly, each agency shall review any newly enacted laws to determine whether:(A) Any existing rule should be repealed or amended; or(B) Any new rule should be adopted.(2) At the concl…

(a) (1) Each agency which may suspend, revoke, or deny a license for acts or omissions or other conduct as provided by law may impose alternative sanctions set forth in subsection (b) of this section.(2) The penalties set forth in subsection (b) of this section shall be supplemen…

(a) The Bureau of Legislative Research shall:(1) (A) (i) Compile, format, and index a codification of the general and permanent rules of agencies to be known as the “Code of Arkansas Rules”.(ii) The bureau shall not include in the Code of Arkansas Rules an emergency rule promulga…

(a) (1) Each agency shall publish on the internet the date, time, and location of all of the agency's meetings and hearings that are open to the public.(2) The publication shall be made at www.arkansas.gov. (1) Each agency shall publish on the internet the date, time, and locatio…

(a) As used in this section:(1) “Rule” means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency; and(2) (A) “State agency” means an of…

The Bureau of Legislative Research, in consultation with the Secretary of State, may develop an electronic filing system to work in conjunction with the Code of Arkansas Rules to facilitate the filing requirements for a rule under Arkansas law, including without limitation the fi…

(a) As used in this subchapter:(1) (A) “Agency” means a board, commission, department, office, or other authority of the government of the State of Arkansas, whether within or subject to review by another agency except the General Assembly, the courts, and the Governor.(B) “Agenc…

(a) The General Assembly finds:(1) From time to time agencies promulgate as a rule a statement that does not meet the legal definition of a rule;(2) The development of the Code of Arkansas Rules under § 25-15-218 has highlighted such statements, particularly those promulgated rul…

In light of the potential for rapidly rising costs to the state attributable to the Arkansas Medicaid Program and the importance of Medicaid expenditures to the health and welfare of the citizens of this state, the General Assembly finds that it is desirable to exercise a more th…

(a) As used in this section, “rule impacting state Medicaid costs” means a proposed rule as defined by § 25-15-202(9), or a proposed amendment to an existing rule as defined by § 25-15-202(9), that would, if adopted, adjust Medicaid reimbursement rates, Medicaid eligibility crite…

(a) (1) In addition to filing requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309, the Department of Human Services shall, at least thirty (30) days before the expiration of the period for public comment, file a proposed rule impactin…

(1) As used in this subchapter:(1) “Healthcare profession” means a profession or occupation in which healthcare services are provided;(2) “Healthcare professional” means an individual who is licensed, certified, or otherwise authorized by the laws of this state to administer heal…

(a) (1) In addition to complying with the requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309, a licensing entity shall, at least thirty (30) days before the expiration of the period for public comment, file a rule regarding scope of …