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25-16-1003. Married state agency employees.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-16-1003. Married state agency employees.
(a) If as a result of a marriage that occurs after August 12, 2005, employees of a state agency are in violation of the prohibition established by § 25-16-1002, the violation shall be resolved by:
(1) Transferring one (1) of the employees to another position within the state agency;
(2) Transferring one (1) of the employees to another state agency; or
(3) The resignation of one (1) of the employees.
(b)(1) The public official of the state agency shall provide written notice to the employees of each of the alternatives under subsection (a) of this section available to eliminate the violation.
(2) The employees shall be given the opportunity to select among the available alternatives.
(3) If the employees are unable to agree upon an alternative within sixty (60) days of the notice required under subdivision (b)(1) of this section, then the public official shall take action to eliminate the violation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-16-1003
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:25-16-1003
Source file: gov.ar.code.title.25.odt
Pages: Not recorded – Not recorded
Passage SHA-256: cd0cc7ad72e76b320d603a4a33d76540854cddb106fd75fdde25d5d2a0156052
Source location: content.xml paragraph 6284
Stored source content
25-16-1003. Married state agency employees.
(a) If as a result of a marriage that occurs after August 12, 2005, employees of a state agency are in violation of the prohibition established by § 25-16-1002, the violation shall be resolved by:
(1) Transferring one (1) of the employees to another position within the state agency;
(2) Transferring one (1) of the employees to another state agency; or
(3) The resignation of one (1) of the employees.
(b)(1) The public official of the state agency shall provide written notice to the employees of each of the alternatives under subsection (a) of this section available to eliminate the violation.
(2) The employees shall be given the opportunity to select among the available alternatives.
(3) If the employees are unable to agree upon an alternative within sixty (60) days of the notice required under subdivision (b)(1) of this section, then the public official shall take action to eliminate the violation.
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Arkansas Code — all titles (historical 2020) · legal_authorities
25-16-1002. Prohibited employment of relatives.
(a) A public official shall not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement in or to a position in the state agency in which the official is serving or over which the official exercises jurisdiction or control, any person who:
(1) Is a relative of the public official; and
(2) Is an employee of a state agency or as a result of the public official's action would be an employee of a state agency.
(b) Within each state agency, no employees who are related shall be placed within the same direct line of supervision whereby one (1) relative is a supervisory employee and responsible for supervising the job performance or work activities of another relative.
(c) If a person is placed on the payroll of a state agency in violation of subsection (a) or subsection (b) of this section:
(1) The person shall not be entitled to pay at the rate for which the employee was initially hired;
(2) The person shall be entitled to receive pay at the greater of the minimum hourly wage rate under § 11-4-210 or the federal minimum hourly wage rate under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., for time actually worked while in violation of subsection (a) or subsection (b) of this section; and
(3) The employment shall be void.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-16-1002
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 25-16-1002. This identifies an authority to review, not proof of applicability.