Browse Arkansas Code titles and sections
25-16-1006. Administration and enforcement.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-16-1006. Administration and enforcement.
(a) The Office of Personnel Management shall establish rules and forms for all state agencies that will enable each public official and each supervisory employee within a state agency to determine whether:
(1) The hiring of a job applicant would violate § 25-16-1002 or § 25-16-1003; or
(2) The promotion or transfer of an employee of a state agency would violate § 25-16-1003.
(b) The office shall also establish rules concerning the procedures for:
(1) Reporting suspected violations of this subchapter to the office; and
(2)(A) Referring suspected violations to the Attorney General or the Prosecuting Attorney for the Sixth Judicial District for enforcing civil penalties under § 25-16-1005.
(B) If the Attorney General is suspected of violating this subchapter, the office shall refer the matter to the Pulaski County Prosecuting Attorney.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-16-1006
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:25-16-1006
Source file: gov.ar.code.title.25.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2239ee77adc16be71be9771e80e58c5deddb97d29c05f261ad185ecac3c9c8ea
Source location: content.xml paragraph 6308
Stored source content
25-16-1006. Administration and enforcement.
(a) The Office of Personnel Management shall establish rules and forms for all state agencies that will enable each public official and each supervisory employee within a state agency to determine whether:
(1) The hiring of a job applicant would violate § 25-16-1002 or § 25-16-1003; or
(2) The promotion or transfer of an employee of a state agency would violate § 25-16-1003.
(b) The office shall also establish rules concerning the procedures for:
(1) Reporting suspected violations of this subchapter to the office; and
(2)(A) Referring suspected violations to the Attorney General or the Prosecuting Attorney for the Sixth Judicial District for enforcing civil penalties under § 25-16-1005.
(B) If the Attorney General is suspected of violating this subchapter, the office shall refer the matter to the Pulaski County Prosecuting Attorney.
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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.
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. The source passage cites 25-16-1003. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-16-1005. Civil penalties.
(a) A public official who knowingly violates § 25-16-1002(a) shall be subject to a civil penalty of one thousand dollars ($1,000).
(b)(1) The Attorney General may file suit in Pulaski County Circuit Court to collect the penalty.
(2) Penalties collected under this section shall be deposited to the General Revenue Fund Account of the State Apportionment Fund.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-16-1005
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 25-16-1005. This identifies an authority to review, not proof of applicability.