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19-11-712. Civil and administrative remedies against employees who breach ethical standards.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-712. Civil and administrative remedies against employees who breach ethical standards.
(a) Existing Remedies Not Impaired. Civil and administrative remedies against employees which are in existence on July 1, 1979, shall not be impaired.
(b) Supplemental Remedies. In addition to existing remedies for breach of the ethical standards of this subchapter, or rules promulgated under this subchapter, the Secretary of the Department of Finance and Administration may impose any one (1) or more of the following:
(1) Oral or written warnings or reprimands;
(2) Forfeiture of pay without suspension;
(3) Suspension with or without pay for specified periods of time; and
(4) Termination of employment.
(c) Right to Recover from Employee Value Received in Breach of Ethical Standards. The value of anything received by an employee in breach of the ethical standards of this subchapter, or rules promulgated under this subchapter, shall be recoverable by the state as provided in § 19-11-714, which refers to recovery of value transferred or received in breach of ethical standards.
(d) Due Process. Notice and an opportunity for a hearing shall be provided prior to imposition of any of the remedies set forth in subsection (b) of this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-712
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:19-11-712
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3c440728c007fb632227bdcc88a516ba8337e03fc28ff522855c4ec7ab78a746
Source location: content.xml paragraph 16970
Stored source content
19-11-712. Civil and administrative remedies against employees who breach ethical standards.
(a) Existing Remedies Not Impaired. Civil and administrative remedies against employees which are in existence on July 1, 1979, shall not be impaired.
(b) Supplemental Remedies. In addition to existing remedies for breach of the ethical standards of this subchapter, or rules promulgated under this subchapter, the Secretary of the Department of Finance and Administration may impose any one (1) or more of the following:
(1) Oral or written warnings or reprimands;
(2) Forfeiture of pay without suspension;
(3) Suspension with or without pay for specified periods of time; and
(4) Termination of employment.
(c) Right to Recover from Employee Value Received in Breach of Ethical Standards. The value of anything received by an employee in breach of the ethical standards of this subchapter, or rules promulgated under this subchapter, shall be recoverable by the state as provided in § 19-11-714, which refers to recovery of value transferred or received in breach of ethical standards.
(d) Due Process. Notice and an opportunity for a hearing shall be provided prior to imposition of any of the remedies set forth in subsection (b) of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-714. Recovery of value transferred or received in breach of ethical standards.
(a) General Provisions. The value of anything transferred or received in breach of the ethical standards of this subchapter, or rules promulgated under this subchapter, by an employee or a nonemployee may be recovered from both the employee and the nonemployee.
(b) Recovery of Kickbacks by the State. Upon a showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order thereunder, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the state and will be recoverable under this subchapter from the recipient. In addition, this value may also be recovered from the subcontractor making such kickbacks. Recovery from one (1) offending party shall not preclude recovery from other offending parties.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-714
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 19-11-714. This identifies an authority to review, not proof of applicability.