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25-15-216. Review of agency rules.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-216. Review of agency rules.
(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(A) Any existing rule should be repealed or amended; or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 conclusion of each review, the agency shall adopt a written report of the result of the review.
(3) A copy of each report shall be maintained as a public record by the agency.
(b)(1) If an agency determines that a newly enacted law requires the repeal or amendment of an existing rule or the adoption of a new rule and the newly enacted law does not provide a specific date for the repeal, amendment, or adoption of the rule, the final version of the new, amended, or repealed rule shall be filed for adoption with the Secretary of State:
(A) On or before January 1 of the following year, if the newly enacted law results from a regular or fiscal session of the General Assembly;
(B) On or before the one hundred eightieth day following sine die adjournment, if the newly enacted law results from a special session of the General Assembly; or
(C) If approval of a rule under § 10-3-309 has not occurred by the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section, as soon as practicable after approval under § 10-3-309.
(2) An agency shall file the proposed rule with the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, under § 10-3-309 sufficiently in advance of the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section so that the Legislative Council or Joint Budget Committee may consider the rule for approval before the appropriate date.
(3)(A)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-216
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:25-15-216
Source file: gov.ar.code.title.25.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0732563f994e5d8b6d918834e8cc8169ac7508a7cdebec0d12d9495893562987
Source location: content.xml paragraph 4699
Stored source content
25-15-216. Review of agency rules.
(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 conclusion of each review, the agency shall adopt a written report of the result of the review.
(3) A copy of each report shall be maintained as a public record by the agency.
(b)(1) If an agency determines that a newly enacted law requires the repeal or amendment of an existing rule or the adoption of a new rule and the newly enacted law does not provide a specific date for the repeal, amendment, or adoption of the rule, the final version of the new, amended, or repealed rule shall be filed for adoption with the Secretary of State:
(A) On or before January 1 of the following year, if the newly enacted law results from a regular or fiscal session of the General Assembly;
(B) On or before the one hundred eightieth day following sine die adjournment, if the newly enacted law results from a special session of the General Assembly; or
(C) If approval of a rule under § 10-3-309 has not occurred by the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section, as soon as practicable after approval under § 10-3-309.
(2) An agency shall file the proposed rule with the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, under § 10-3-309 sufficiently in advance of the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section so that the Legislative Council or Joint Budget Committee may consider the rule for approval before the appropriate date.
(3)(A) If an agency fails to file the final version of the new, amended, or repealed rule for adoption as required by subdivision (b)(1) of this section, the executive head of the agency at issue or his or her designee shall appear before the Legislative Council or its appropriate subcommittee on a monthly basis until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State.
(B) When appearing before the Legislative Council or its appropriate subcommittee, the executive head of the agency at issue or his or her designee shall:
(i) Describe why the agency has been unable to comply with subdivision (b)(1) of this section;
(ii) Provide an update on the current status of the necessary rule changes;
(iii) Describe the steps the agency is taking to address the failure to comply with subdivision (b)(1) of this section; and
(iv) Provide an anticipated date for when the final version of the new, amended, or repealed rule will be filed for adoption with the Secretary of State.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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.