25-15-402. Report, sunset, and extension of rules.

25-15-402. Report, sunset, and extension of rules. (a)(1) Except as provided in § 25-15-403 and under subdivision (a)(2) of this section, unless a rule is extended by the Governor and the Legislative Council, an agency rule shall maintain in full force and effect for no more than twenty-four (24) years. (2) However, this section does not prohibit an agency from proposing, amending, or repealing a rule in an ordinary fashion under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b)(1) By December 1, 2017, each agency shall file an initial rule report with the Governor and the Legislative Council. (2)(A) The initial rule report shall contain a list of all the rules in effect promulgated by the agency. (B) The list of rules under subdivision (b)(2)(A) of this section shall include: (i) The initial effective date of each rule; (ii) The date that each rule was filed with the Secretary of State; (iii) The authority under which the rule was promulgated; and (iv) If the rule is required under state or federal law, a statement regarding the requirement. (c)(1) By July 1, 2018, each agency shall file a final rule report and shall continue to file a rule report according to the schedule determined under § 25-15-403. (2)(A) The final rule report shall contain: (i) A list of all rules in effect that distinguishes between rules that the agency will continue to enforce and rules that the agency wishes to repeal; and (ii) The date that the agency filed its initial rule report under subdivision (b)(1) of this section. (B) The agency shall provide in writing the legal authority or agency justification for each rule that will continue to be enforced by the agency. (C)(i) If the agency chooses to repeal a rule, the agency shall provide in writing the agency justification for repealing the rule. (ii) A rule that an agency chooses to repeal under subdivision (c)(2)(C)(i) of this section is not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) The final rule report shall be assigned to the subject matter interim committees by the President Pro Tempore of the Senate and the Speaker of the House of Representatives. (d) By December 31, 2018, each of the subject matter interim committees shall: (1) Consider the rules the agency wishes to repeal and the corresponding justifications submitted by the agency under subdivision (c)(2)(C) of this section; (2) Consider the agency rules that will continue to be enforced by the agency and the corresponding justification submitted by the agency under subdivision (c)(2)(B) of this section; (3) Allow an agency representative and the public to speak about the rules at an interim committee meeting; (4) Recommend that the Legislative Council either accept or reject the agency's decision to repeal a rule; and (5) Refer the agency rules that will continue to be enforced by the agency to group consideration under § 25-15-403. (e)(1) Before December 31 of the fourth year of the consideration of a group of agencies under § 25-15-403, the Legislative Council shall meet on a date or dates set by the President Pro Tempore of the Senate and the Speaker of the House of Representatives to consider renewing the rules of the agencies scheduled for consideration. (2) If the Legislative Council does not extend an agency's rules and the result is that the agency has no rules that address an issue that the agency is required by law to address by rule, the agency has sixty (60) days to initiate the rulemaking process under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., including without limitation adoption of an emergency rule. (f)(1) If applicable, a final rule report under this section shall be updated by the agency to include and make note of any rule filed, amended, or repealed by the agency during the interim period of time occurring after July 1, 2018, and before it is sent to a group under § 25-15-403. (2) An updated final rule report shall include the date the rule was filed, amended, or repealed during the interim.