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25-15-403. Order of implementation.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-403. Order of implementation.
(a)(1) The agency rules shall be divided in six (6) groups to be determined by the Governor to ensure that the number of agencies in each group and the number of subject matter areas represented by each group are approximately equal.
(2) If the Governor has not determined the groups by January 1, 2019, the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall determine the six (6) groups to ensure that the number of agencies in each group and the number of subject-matter areas represented by each group are approximately equal.
(3) If neither the Governor nor the President Pro Tempore of the Senate and the Speaker of the House of Representatives have determined the groups by April 1, 2019, all of the state agencies shall be subject to immediate evaluation in one (1) group and:
(A) Except as provided in § 25-15-402 concerning an initial rule report, a final rule report shall be filed by an agency:
(i) No earlier than May 1, 2019, and no later than July 1, 2019; and
(ii) No earlier than May 1 of every twenty-fourth year after May 1, 2019, and no later than July 1 of every twenty-fourth year after July 1, 2019; and
(B) The evaluation shall be completed no later than:
(i) December 31, 2042; and
(ii) December 31 of every twenty-fourth year after December 31, 2042.
(b)(1) Each group of agencies assigned under subdivision (a)(1) or subdivision (a)(2) of this section shall be evaluated in a four-year time period.
(2) Group 1 shall file a report:
(A) No earlier than May 1, 2019, and no later than July 1, 2019; and
(B) No earlier than May 1 of every twenty-fourth year after May 1, 2019, and no later than July 1 of every twenty-fourth year after July 1, 2019.
(3) Group 2 shall file a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-403
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:25-15-403
Source file: gov.ar.code.title.25.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 47d76bfd541bdbb9f55f807b2cf2d4990171b3b98eaa97fe1a23ad9c57aed614
Source location: content.xml paragraph 4878
Stored source content
25-15-403. Order of implementation.
(a)(1) The agency rules shall be divided in six (6) groups to be determined by the Governor to ensure that the number of agencies in each group and the number of subject matter areas represented by each group are approximately equal.
(2) If the Governor has not determined the groups by January 1, 2019, the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall determine the six (6) groups to ensure that the number of agencies in each group and the number of subject-matter areas represented by each group are approximately equal.
(3) If neither the Governor nor the President Pro Tempore of the Senate and the Speaker of the House of Representatives have determined the groups by April 1, 2019, all of the state agencies shall be subject to immediate evaluation in one (1) group and:
(A) Except as provided in § 25-15-402 concerning an initial rule report, a final rule report shall be filed by an agency:
(i) No earlier than May 1, 2019, and no later than July 1, 2019; and
(ii) No earlier than May 1 of every twenty-fourth year after May 1, 2019, and no later than July 1 of every twenty-fourth year after July 1, 2019; and
(B) The evaluation shall be completed no later than:
(i) December 31, 2042; and
(ii) December 31 of every twenty-fourth year after December 31, 2042.
(b)(1) Each group of agencies assigned under subdivision (a)(1) or subdivision (a)(2) of this section shall be evaluated in a four-year time period.
(2) Group 1 shall file a report:
(A) No earlier than May 1, 2019, and no later than July 1, 2019; and
(B) No earlier than May 1 of every twenty-fourth year after May 1, 2019, and no later than July 1 of every twenty-fourth year after July 1, 2019.
(3) Group 2 shall file a report:
(A) No earlier than May 1, 2023, and no later than July 1, 2023; and
(B) No earlier than May 1 of every twenty-fourth year after May 1, 2023, and no later than July 1 of every twenty-fourth year after July 1, 2023.
(4) Group 3 shall file a report:
(A) No earlier than May 1, 2027, and no later than July 1, 2027; and
(B) No earlier than May 1 of every twenty-fourth year after May 1, 2027, and no later than January 1 of every twenty-fourth year after July 1, 2027.
(5) Group 4 shall file a report:
(A) No earlier than May 1, 2031, and no later than July 1, 2031; and
(B) No earlier than May 1 of every twenty-fourth year after May 1, 2031, and no later than July 1 of every twenty-fourth year after July 1, 2031.
(6) Group 5 shall file a report:
(A) No earlier than May 1, 2035, and no later than July 1, 2035; and
(B) No earlier than May 1 of every twenty-fourth year after May 1, 2035, and no later than July 1 of every twenty-fourth year after July 1, 2035.
(7) Group 6 shall file a report:
(A) No earlier than May 1, 2039, and no later than July 1, 2039; and
(B) No earlier than May 1 of every twenty-fourth year after May 1, 2039, and no later than January 1 of every twenty-fourth year after July 1, 2039.
(c) Agency rules that have been in effect for twenty-four (24) years or longer on August 1, 2017, shall remain in effect until the date of their first scheduled evaluation as provided under this section unless otherwise approved or rejected in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
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Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
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 25-15-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 writin
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-402
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 25-15-402. This identifies an authority to review, not proof of applicability.