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8-1-309. Audit privilege reserved for administrative or civil proceedings.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-1-309. Audit privilege reserved for administrative or civil proceedings.
The privilege created by § 8-1-303 does not apply to criminal investigations or proceedings. When an environmental audit report is obtained, reviewed, or used in a criminal proceeding, the privilege created by § 8-1-303 applicable to administrative or civil proceedings is not waived or eliminated.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-1-309
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:8-1-309
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c2703dc7eecb92ff648fad0aabcb6a1b2b3fcb3deface739dc7de575e6029a86
Source location: content.xml paragraph 495
Stored source content
8-1-309. Audit privilege reserved for administrative or civil proceedings.
The privilege created by § 8-1-303 does not apply to criminal investigations or proceedings. When an environmental audit report is obtained, reviewed, or used in a criminal proceeding, the privilege created by § 8-1-303 applicable to administrative or civil proceedings is not waived or eliminated.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-1-303. Privilege.
(a) In order to encourage owners and operators of facilities and persons conducting other activities regulated under this chapter or its federal counterparts or extensions, both to conduct voluntary internal environmental audits of their compliance programs and management systems and to assess and improve compliance with statutory and regulatory requirements, an environmental audit privilege is created to protect the confidentiality of communications relating to voluntary internal environmental audits.
(b) An environmental audit report shall be privileged and shall not be admissible as evidence in any civil or administrative legal action, including enforcement actions.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-1-303
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 8-1-303. This identifies an authority to review, not proof of applicability.