Arkansas Legal Resource Navigator

17-87-313. Licensing of noncitizens.

Arkansas Code — all titles (historical 2020) · legal_authorities

17-87-313. Licensing of noncitizens.

17-87-313. Licensing of noncitizens. (a) The Arkansas State Board of Nursing may grant a license under this subchapter to an individual who, in addition to fulfilling the requirements to practice nursing in this state, satisfies the following requirements: (1) The United States Department of Homeland Security has approved the individual's request for exemption under the Deferred Action for Childhood Arrivals policy; (2) The individual's exemption status under the Deferred Action for Childhood Arrivals policy has not expired or has been properly renewed; and (3) The individual has a current and valid employment authorization document issued by the United States Citizenship and Immigration Services. (b) This section is a state law within the meaning of subsection (c) of 8 U.S.C. § 1621, as it existed on January 1, 2019. (c)(1) The board shall promulgate rules under this section. (2)(A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f): (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309. (B) The board shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-87-313

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:17-87-313
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 70c9b388c6d89932617c7c759e7c07828e80d540cb553ac2607f8dc05f440472

Source location: content.xml paragraph 23009

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17-87-313. Licensing of noncitizens. (a) The Arkansas State Board of Nursing may grant a license under this subchapter to an individual who, in addition to fulfilling the requirements to practice nursing in this state, satisfies the following requirements: (1) The United States Department of Homeland Security has approved the individual's request for exemption under the Deferred Action for Childhood Arrivals policy; (2) The individual's exemption status under the Deferred Action for Childhood Arrivals policy has not expired or has been properly renewed; and (3) The individual has a current and valid employment authorization document issued by the United States Citizenship and Immigration Services. (b) This section is a state law within the meaning of subsection (c) of 8 U.S.C. § 1621, as it existed on January 1, 2019. (c)(1) The board shall promulgate rules under this section. (2)(A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f): (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309. (B) The board shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1621 — Requirements relating to provision of benefits based on citizenship, alienage, or immigration status under the Richard B. Russell National School Lunch Act, the Child Nutrition Act of 1966, and certain other Acts

**(a) School lunch and breakfast programs** Notwithstanding any other provision of this Act, an individual who is eligible to receive free public education benefits under State or local law shall not be ineligible to receive benefits provided under the school lunch program under the Richard B. Russell National School Lunch Act ([42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ([42 U.S.C. 1773](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1773&num=0&edition=prelim)) on the basis of citizenship, alienage, or immigration status. **(b) Other programs** (1) **In general** — Nothing in this Act shall prohibit or require a State to provide to an individual who is not a citizen or a qualified alien, as defined in [section 1641(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1641/b&num=0&edition=prelim), benefits under programs established under the provisions of law described in paragraph (2). (2) **Provisions of law described** — The provisions of law described in this paragraph are the following: (A) Programs (other than the school lunch program and the school breakfast program) under the Richard B. Russell National School Lunch Act ([42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.) and the Child Nutrition Act of 1966 ([42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.). (B) Section 4 of the Agriculture and Consumer Protection Act of 1973 ([7 U.S.C. 612c](https://uscode.house.gov

Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1621

Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1621. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1621 — Aliens who are not qualified aliens or

Page 572 TITLE 8—ALIENS AND NATIONALITY § 1615 title applies shall, directly or through the States, post information and provide general no- tification to the public and to program recipi- ents of the changes regarding eligibility for any such program pursuant to this subchapter. (Pub. L. 104–193, title IV, § 404(a), Aug. 22, 1996, 110 Stat. 2267.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle A of title IV of Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2261, which en- acted this subchapter and sections 611a and 1437y of Title 42, The Public Health and Welfare, and amended section 1383 of Title 42. For complete classification of this subtitle to the Code, see Tables. § 1615. Requirements relating to provision of benefits based on citizenship, alienage, or immigration status under the Richard B. Russell National School Lunch Act, the Child Nutrition Act of 1966, and certain other Acts (a) School lunch and breakfast programs Notwithstanding any other provision of this Act, an individual who is eligible to receive free public education benefits under State or local law shall not be ineligible to receive benefits provided under the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the school break- fast program under section 4 of the Child Nutri- tion Act of 1966 (42 U.S.C. 1773) on the basis of citizenship, alienage, or immigration status. (b) Other programs (1) In general Nothing in this Act shall prohibit or require a State to provide to an individual who is not a citizen or a qualified alien, as defined in sec- tion 1641(b) of this title, benefits under pro- grams established under the provisions of law de

Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1621

Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1621. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

10-3-309. Review and approval of state agency rules — Definitions.

10-3-309. Review and approval of state agency rules — Definitions. (a)(1)(A) In the passage of this section, the General Assembly is aware of the significant number of laws which have been enacted granting to boards, commissions, departments, and administrative agencies of state government the authority to promulgate and enforce rules. (B) The General Assembly is further aware that ample safeguards have not been established whereby the General Assembly may be informed of circumstances in which administrative rules do not conform to legislative intent. (2) It is the purpose of this section to establish a method for continuing legislative review and approval of such rules to correct abuses of rulemaking authority or clarify legislative intent with respect to the rulemaking authority granted the administrative boards, commissions, departments, or agencies. (b) As used in this section: (1)(A) “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 includes without limitation the amendment or repeal of a prior rule. (B) “Rule” does not mean: (i) A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public; (ii) A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling; (iii) Intraagency memoranda; or (iv) A medical code within the Arkansas Medicaid Program that is issued by the Centers for Medicare and Medicaid Services, including without limitation: (a) Current Procedural Terminology codes; (b) Healthcare Common Pro

Source: Arkansas Code — historical release 78 (November 6, 2020) · 10-3-309

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 10-3-309. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

25-15-204. Rules — Procedure for adoption.

25-15-204. Rules — Procedure for adoption. (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 of the terms or substance of the intended action or a description of the subjects and issues involved; and (ii) The time, location, and manner in which an interested person may present his or her position on the intended action of the agency or on the issues related to the intended action of the agency. (C) The notice shall be mailed to: (i) A person specified by law; and (ii) A person who has requested advance notice of rulemaking proceedings. (D) Unless otherwise provided by law, the notice shall be published: (i) In a newspaper of general daily circulation for three (3) consecutive days and, when appropriate, in those trade, industry, or professional publications that the agency may select. (ii) By the Secretary of State on the internet for thirty (30) days under § 25-15-218. (E)(i) If enacted legislation requires or results in more than one (1) agency adopting, amending, or repealing rules on a similar subject matter, the agencies may publish a combined notice for all rules. (ii) The combined notice shall: (a) Include: (1) The names of all agencies involved in the collective filing; and (2) The time, location, and manner in which an interested person may present his or her position on the intended action of each agency or on the issues related to the intended action of each agency; and (b) Meet the requirements of subdivisions (a)(1)(C) and (D) of this section; (2)(A) Afford all interested persons reasonable o

Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-204

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-15-204. This identifies an authority to review, not proof of applicability.