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25-15-105. Administrative fees and penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-105. Administrative fees and penalties.
(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 fee or penalty established in the rules of an agency before the effective date of this section that does not comply with subdivision (b)(1) of this section may remain in effect until July 1, 2013, but shall not be increased above the amount established by the agency for that fee or penalty as of the effective date of this section.
(c) Subsection (b) of this section does not affect an agency's authority to deny, suspend, and revoke licenses within its regulatory authority.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-105
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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Record provenance
Stable record: arkansas_code:legal_authorities:25-15-105
Source file: gov.ar.code.title.25.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 24b0863732cde56221e796d48ddf650a406978ede2a50f99e2711aa0d1f41953
Source location: content.xml paragraph 3837
Stored source content
25-15-105. Administrative fees and penalties.
(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 fee or penalty established in the rules of an agency before the effective date of this section that does not comply with subdivision (b)(1) of this section may remain in effect until July 1, 2013, but shall not be increased above the amount established by the agency for that fee or penalty as of the effective date of this section.
(c) Subsection (b) of this section does not affect an agency's authority to deny, suspend, and revoke licenses within its regulatory authority.
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Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-202. Definitions.
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” means a board, commission, department, officer, 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) The word “agency” shall include the Division of Child Care and Early Childhood Education and the Child Care Appeal Review Panel for purposes of administrative appeal.
(C)(i) Except as provided in subdivision (2)(C)(ii) of this section, the word “agency” shall not include the Arkansas Public Service Commission, the Arkansas Pollution Control and Ecology Commission, the Workers' Compensation Commission, and the Division of Workforce Services, as the existing laws governing those agencies provide adequate administrative procedures for those agencies.
(ii) The word “agency” as used in §§ 25-15-216 and 25-15-218 shall include the Arkansas Public Service Commission, the Arkansas Pollution Control and Ecology Commission, the Workers' Compensation Commission, and the Division of Workforce Services.
(D) This subchapter does not repeal delegations of authority as provided by law;
(3) “Financial impact statement” means a realistic statement of a new or increased cost or obligation of complying with a proposed rule to a:
(A) Private individual, entity, and business; and
(B) State, county, and municipal government;
(4) “License” includes an agency permit, certificate, approval, registration, charter, or similar form of permission required b
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-202
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 25-15-202. This identifies an authority to review, not proof of applicability.