Browse Arkansas Code titles and sections
25-15-218. Code of Arkansas Rules.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-218. Code of Arkansas Rules.
(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 promulgated under § 25-15-204(c).
(B)(i) In carrying out the codification under subdivision (a)(1)(A)(i) of this section, the bureau shall have the same powers and duties related to the Code of Arkansas Rules as the Arkansas Code Revision Commission, Code Revisor, and bureau have related to the Arkansas Code of 1987 Annotated under § 1-2-303(d)(1).
(ii) The bureau shall not make any change in the substance or meaning of any provision of a rule.
(C)(i) The bureau shall consult with an agency when codifying a rule of that agency.
(ii) An agency that objects to the form of the codification of a rule by the bureau may appeal the codification of the rule to the:
(a) Legislative Council or a subcommittee of the Legislative Council designated for that purpose; or
(b) If the General Assembly is in session, the Joint Budget Committee or a subcommittee of the Joint Budget Committee designated for that purpose;
(2)(A) Develop a uniform style, format, and numbering system for the rules in the Code of Arkansas Rules.
(B) The uniform style, format, and numbering system developed under subdivision (a)(2)(A) of this section shall conform as nearly as practical to the style of the Arkansas Code of 1987 Annotated.
(C) Rules included in the Code of Arkansas Rules shall be cited and referred to by the numbering system established under subdivision (a)(2)(A) of this section;
(3) Communicate to agencies the uniform style, format, and numbering system;
(4)(A) Caus
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-218
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:25-15-218
Source file: gov.ar.code.title.25.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b6250e0ae26d9db1f2eeb275333c7e6f41348ab424abeacd9af35b65f7cb88da
Source location: content.xml paragraph 4744
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25-15-218. Code of Arkansas Rules.
(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 promulgated under § 25-15-204(c).
(B)(i) In carrying out the codification under subdivision (a)(1)(A)(i) of this section, the bureau shall have the same powers and duties related to the Code of Arkansas Rules as the Arkansas Code Revision Commission, Code Revisor, and bureau have related to the Arkansas Code of 1987 Annotated under § 1-2-303(d)(1).
(ii) The bureau shall not make any change in the substance or meaning of any provision of a rule.
(C)(i) The bureau shall consult with an agency when codifying a rule of that agency.
(ii) An agency that objects to the form of the codification of a rule by the bureau may appeal the codification of the rule to the:
(a) Legislative Council or a subcommittee of the Legislative Council designated for that purpose; or
(b) If the General Assembly is in session, the Joint Budget Committee or a subcommittee of the Joint Budget Committee designated for that purpose;
(2)(A) Develop a uniform style, format, and numbering system for the rules in the Code of Arkansas Rules.
(B) The uniform style, format, and numbering system developed under subdivision (a)(2)(A) of this section shall conform as nearly as practical to the style of the Arkansas Code of 1987 Annotated.
(C) Rules included in the Code of Arkansas Rules shall be cited and referred to by the numbering system established under subdivision (a)(2)(A) of this section;
(3) Communicate to agencies the uniform style, format, and numbering system;
(4)(A) Cause the Code of Arkansas Rules to be published as an online searchable database that is available for use by the general public at no charge.
(B) The online searchable database under subdivision (a)(4)(A) of this section shall:
(i) Constitute the official version of the Code of Arkansas Rules; and
(ii) Be prima facie evidence of the rules contained in the Code of Arkansas Rules.
(C) In no event shall the bureau be required to produce a print version of the Code of Arkansas Rules, including without limitation in response to a request under the Freedom of Information Act of 1967, § 25-19-101 et seq.;
(5) Update the Code of Arkansas Rules at least monthly with the current version of each rule adopted by an agency; and
(6) Indicate in bold type on the webpage of the Code of Arkansas Rules the date of the latest update.
(b) Each agency shall draft its rules to comply with the uniform style, format, and numbering system developed by the bureau under subdivision (a)(2) of this section.
(c)(1) Except as provided in subdivision (c)(2) of this section, a rule that is not included in the Code of Arkansas Rules is not enforceable by the agency promulgating the rule.
(2)(A) The bureau may omit from publication in the Code of Arkansas Rules any rule in which publication would be unduly cumbersome, expensive, or otherwise impractical.
(B) If a rule is omitted from publication under subdivision (c)(2)(A) of this section, the Code of Arkansas Rules shall indicate where and how a copy of the omitted rule may be obtained.
(d)(1) The bureau may enter into a professional services contract to assist in carrying out the duties under this section.
(2) The bureau shall retain the copyright over the Code of Arkansas Rules.
(e)(1) The bureau may prepare guidance documents for agencies regarding matters necessary for the implementation of this section, including without limitation the:
(A) Form and style of content that will be included in the Code of Arkansas Rules; and
(B) Submission of information to the bureau for inclusion in the Code of Arkansas Rules.
(2) A guidance document under subdivision (e)(1) of this section is not a rule under § 25-15-202.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
1-2-303. Powers and duties — Definition.
(a)(1) The Arkansas Code Revision Commission from time to time shall arrange for the publication of compilations, recompilations, revisions, codifications, or recodifications of or cumulative or noncumulative supplements to the statutes of Arkansas.
(2) The commission shall arrange for the solicitation and receipt of competitive bids for all these publications on such terms as it deems reasonable.
(3) Specifications for the publications shall be drawn under the supervision of and subject to approval by the commission.
(4)(A) Contracts shall be awarded to the lowest responsible bidder, taking into consideration, among other things, estimated time of performance, quality of work, probability of timely and adequate performance, and experience of the company regarding the services sought by the commission.
(B) If the best interests of the state would be served, any and all bids submitted to the commission regarding any publication project may be rejected, and the commission may negotiate any necessary contract with the party most qualified to perform the services sought by the commission.
(5)(A) The price at which publications under this section shall be sold shall be fixed from time to time by the commission.
(B) If the commission enters into a contract with a publisher for any publication, the price at which the publication under the contract shall be sold shall be fixed from time to time by agreement between the commission and the publisher.
(6) Supplements and replacement volumes published under the supervision of the commission shall be prima facie evidence of the law contained in the supplements and replacement volumes.
(b) In the commission's discretion and subject to the provisions and requirements of § 19-4
Source: Arkansas Code — historical release 78 (November 6, 2020) · 1-2-303
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 1-2-303. This identifies an authority to review, not proof of applicability.
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.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-19-101. Title.
This chapter shall be known and cited as the “Freedom of Information Act of 1967”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-19-101
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 25-19-101. This identifies an authority to review, not proof of applicability.