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25-15-220. Rulemaking power to be narrowly interpreted — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-220. Rulemaking power to be narrowly interpreted — Definitions.
(a) As used in this section:
(1) “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
(2)(A) “State agency” means an office, board, commission, department, council, bureau, governmental entity, or other agency of state government having authority to promulgate or enforce rules.
(B) “State agency” includes without limitation the:
(i) Arkansas State Game and Fish Commission, if the rule is promulgated under authority of a statute enacted by the General Assembly; and
(ii) State Highway Commission and the Arkansas Department of Transportation, if the rule is promulgated under authority of a statute enacted by the General Assembly.
(C) This section applies to one (1) or more of the following if the Legislative Council adopts rules under § 10-3-309(h)(2) including the respective entity in the definition of “state agency” under § 10-3-309(b)(2)(A):
(i) Each rule of the Arkansas State Game and Fish Commission;
(ii) Each rule of the State Highway Commission and the Arkansas Department of Transportation; and
(iii) An institution of higher education.
(b)(1) The authority of a state agency to promulgate a rule when so empowered by an act of the General Assembly shall be narrowly interpreted by the state agency.
(2) As part of the narrow interpretation of its rulemaking authority under subdivision (b)(1) of this section, a state agency shall without limitation:
(A) Limit its rulemaking to only those areas or subject matters that are absolutely necessary to fulfill its statutory duty or obligations; and
(B) Not promulgate a rule
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-220
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:25-15-220
Source file: gov.ar.code.title.25.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 757b0c194f9f965b4167d559025450e0a7d56411312377849090a945788c14e3
Source location: content.xml paragraph 4797
Stored source content
25-15-220. Rulemaking power to be narrowly interpreted — Definitions.
(a) As used in this section:
(1) “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
(2)(A) “State agency” means an office, board, commission, department, council, bureau, governmental entity, or other agency of state government having authority to promulgate or enforce rules.
(B) “State agency” includes without limitation the:
(i) Arkansas State Game and Fish Commission, if the rule is promulgated under authority of a statute enacted by the General Assembly; and
(ii) State Highway Commission and the Arkansas Department of Transportation, if the rule is promulgated under authority of a statute enacted by the General Assembly.
(C) This section applies to one (1) or more of the following if the Legislative Council adopts rules under § 10-3-309(h)(2) including the respective entity in the definition of “state agency” under § 10-3-309(b)(2)(A):
(i) Each rule of the Arkansas State Game and Fish Commission;
(ii) Each rule of the State Highway Commission and the Arkansas Department of Transportation; and
(iii) An institution of higher education.
(b)(1) The authority of a state agency to promulgate a rule when so empowered by an act of the General Assembly shall be narrowly interpreted by the state agency.
(2) As part of the narrow interpretation of its rulemaking authority under subdivision (b)(1) of this section, a state agency shall without limitation:
(A) Limit its rulemaking to only those areas or subject matters that are absolutely necessary to fulfill its statutory duty or obligations; and
(B) Not promulgate a rule that is inconsistent with the legislative intent of an act empowering a state agency to promulgate a rule.
(c) A proposed rule that is promulgated based upon a broad interpretation of a state agency's rulemaking power rather than a narrow interpretation of that rulemaking power may be deemed as inconsistent with state law for the purposes § 10-3-309(f)(1).
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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.