Title 25, State Government

(a) Under the Rehabilitation Act Amendments of 1992, Pub. L. No. 102-569, a state vocational rehabilitation agency is required to establish qualified personnel standards for rehabilitation personnel, including vocational rehabilitation counselors, that are consistent with nationa…

(a) As used in this section, “interpreter” means an interpreter as defined in § 25-15-102. (b) A person who cannot speak or understand the English language or who because of hearing, speaking, or other impairment has difficulty in communicating with other persons and who is a par…

(a) For the purpose of appointing an interpreter between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf under § 25-15-101:(1) “Administrative proceeding” means a proceeding of a department, board, commission, agency, committee, or lic…

(a) (1) Any and all administrative hearings before an agency of this state in which any attorney for either party to any suit is the Lieutenant Governor, or a member of the Senate or the House of Representatives, or is a clerk or sergeant at arms or a doorkeeper of either branch …

(a) (1) The following boards and commissions shall have the power to issue subpoenas and bring before the board or commission as a witness any person in this state:(A) Auctioneer's Licensing Board, § 17-17-201 et seq.;(B) State Athletic Commission, § 17-22-201 et seq.;(C) Cosmeto…

(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 …

(1) As used in this subchapter:(1) “Employee” means a person whose employment is not seasonal or temporary and whose actual performance of duty requires one thousand (1,000) or more hours during a fiscal year;(2) “Public official” means:(A) The Secretary of State, the Governor, t…

(a) A public official shall not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement in or to a position in the state agency in which the official is serving or over which the official exercises jurisdiction or control, any person …

(a) If as a result of a marriage that occurs after August 12, 2005, employees of a state agency are in violation of the prohibition established by § 25-16-1002, the violation shall be resolved by:(1) Transferring one (1) of the employees to another position within the state agenc…

(a) A person commits an offense if the person approves an account or draws or authorizes the drawing of a warrant or order to pay the compensation of another person employed in violation of § 25-16-1002. (b) An offense under subsection (a) of this section is a Class A misdemeanor…

(a) A public official who knowingly violates § 25-16-1002(a) shall be subject to a civil penalty of one thousand dollars ($1,000). (b) (1) The Attorney General may file suit in Pulaski County Circuit Court to collect the penalty.(2) Penalties collected under this section shall be…

(a) The Office of Personnel Management shall establish rules and forms for all state agencies that will enable each public official and each supervisory employee within a state agency to determine whether:(1) The hiring of a job applicant would violate § 25-16-1002 or § 25-16-100…

This subchapter shall not apply to the hiring, transfer, or promotion of any person employed in a state agency as of August 12, 2005.

An individual employed as an executive head of a state agency or as a chief deputy of an executive head of a state agency is not eligible to be registered as a lobbyist under § 21-8-601 et seq. until one (1) year after the expiration of the individual's employment in that capacit…

(a) It is the policy of the State of Arkansas to promote integrity in public employment. (b) It is the intent of this subchapter to require that a public servant who pleads guilty to or nolo contendere to or is found guilty of the following to forfeit his or her office, position,…

(1) As used in this subchapter:(1) “Governmental body” means any office, department, commission, council, board, committee, legislative body, agency, or other establishment of the executive, judicial, or legislative branch of the state, municipality, county, school district, inst…

(a) A public servant holding an office, position, or employment in a governmental body shall forfeit the office, position, or employment if he or she pleads guilty or nolo contendere to or is found guilty of:(1) A felony offense relating to the public servant's office, position, …

A public servant who pleads guilty or nolo contendere to or is found guilty of an offense under § 25-16-1103(a) shall be disqualified and barred from holding an office, position, or employment in a governmental body.