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8-4-314. Compliance Advisory Panel — Small Business Stationary Source Technical and Environmental Compliance Assistance Program — Marketing Recyclables Program.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-4-314. Compliance Advisory Panel — Small Business Stationary Source Technical and Environmental Compliance Assistance Program — Marketing Recyclables Program.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-314

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Stable record: arkansas_code:legal_authorities:8-4-314
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a4aac7a4492b99bbaa172ec0251d06d481a37a3957a325ad88130cd1281e02db

Source location: content.xml paragraph 2478

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8-4-314. Compliance Advisory Panel — Small Business Stationary Source Technical and Environmental Compliance Assistance Program — Marketing Recyclables Program. (a) There is created a Compliance Advisory Panel composed of nine (9) individuals. (b) The panel shall consist of: (1) Two (2) members appointed by the Governor to represent the general public who are not: (A) Owners or representatives of owners of small business stationary sources; or (B) Owners or representatives of owners of a recycling company or the marketing and recyclable community; (2) Three (3) members selected by the Speaker of the House of Representatives: (A) One (1) member who is an owner or who represents an owner of small business stationary sources; and (B) Two (2) members who are owners or representatives of a small business recycling company or the marketing and recyclable community; (3) Three (3) members selected by the President Pro Tempore of the Senate: (A) One (1) member who is an owner or who represents an owner of small business stationary sources; and (B) Two (2) members who are owners or representatives of a small business recycling company or the marketing and recyclable community; and (4) One (1) member selected by the Director of the Division of Environmental Quality who shall serve as a nonvoting member except when his or her vote is needed to break a tie vote. (c)(1) Each member shall serve a term of four (4) years. (2) In the event of a vacancy in the membership of the panel concerning a member selected by the General Assembly or the Governor, the Governor shall appoint a person meeting the applicable eligibility requirements of the vacated position to fill the vacancy for the remainder of the unexpired term. (3) In the event of a vacancy in the membership of the panel concerning the member appointed by the director, the director shall appoint a person to fill the vacancy for the remainder of the unexpired term. (d)(1)(A) The panel shall hold at least one (1) regular meeting each calendar year quarter at a time and place determined by the panel. (B) At least one (1) meeting each calendar year shall be dedicated to small business stationary sources, with an emphasis on air quality issues. (2) Special meetings may be called at the discretion of the chair. (e)(1) The panel shall select a chair by a majority vote of the membership. (2) Each chair shall serve a term of one (1) year. (f) Five (5) members of the panel shall constitute a quorum to transact business. (g) The members of the panel may receive expense reimbursement in accordance with § 25-16-901 et seq. (h)(1) If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled by appointment by the official who made the appointment. (2) The new appointee shall serve for the remainder of the unexpired term. (i) The panel shall perform the following duties for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program: (1) Render advisory opinions concerning the effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, difficulties encountered, and degree and severity of enforcement; (2) Make periodic reports to the Administrator of the United States Environmental Protection Agency concerning the compliance of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program with the requirements of the Paperwork Reduction Act of 1980, the Regulatory Flexibility Act, 5 U.S.C. § 601 et seq., and the Equal Access to Justice Act, 5 U.S.C. § 504, 28 U.S.C. § 2412, and 42 U.S.C. § 1988; (3) Review information for small business stationary sources to assure such information is understandable by the layperson; and (4) Have the Small Business Stationary Source Technical and Environmental Compliance Assistance Program serve as the secretariat for the development and dissemination of such reports and advisory opinions. (j) The panel shall perform the following duties for the Marketing Recyclables Program: (1) Develop a program for the coordination of all existing marketing programs for recyclables; (2) Work with existing industry to encourage the use of recyclables in their manufacturing processes; (3) Recruit new industries that use recyclables in their manufacturing processes; (4) Maintain current information on market prices and trends; and (5) Advise and assist state and local officials in all areas of recyclables marketing, including without limitation the implementation, administration, and funding of the collection and recycling or collection and disposal of extra-large tires as defined in § 8-9-402.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2412 — Costs and fees

**(a)** (1) Except as otherwise specifically provided by statute, a judgment for costs, as enumerated in [section 1920 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1920&num=0&edition=prelim), but not including the fees and expenses of attorneys, may be awarded to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. A judgment for costs when taxed against the United States shall, in an amount established by statute, court rule, or order, be limited to reimbursing in whole or in part the prevailing party for the costs incurred by such party in the litigation. (2) A judgment for costs, when awarded in favor of the United States in an action brought by the United States, may include an amount equal to the filing fee prescribed under [section 1914(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1914/a&num=0&edition=prelim). The preceding sentence shall not be construed as requiring the United States to pay any filing fee. **(b)** Unless expressly prohibited by statute, a court may award reasonable fees and expenses of attorneys, in addition to the costs which may be awarded pursuant to subsection (a), to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. The United States shall be liable for such fees and expenses to the same extent that any other party would be liable under the common law or under the terms of any statute which specifically provides f

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2412 — Costs and fees

Page 602 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2412 payment of the judgment’’ were substituted. Sub- stituted words clarify meaning and are in accord with congressional procedure in annual deficiency appro- priation acts for payment of judgments against the United States. The substituted words will obviate ne- cessity of repeating such provisions in appropriation acts. Changes were made in phraseology. 1949 ACT This section amends section 2411 of title 28, U.S.C., by restoring the provisions of section 177 of the former Ju- dicial Code for the payment of interest on tax refunds. Editorial Notes REFERENCES IN TEXT Section 6621 of the Internal Revenue Code of 1986, re- ferred to in text, is classified to section 6621 of Title 26, Internal Revenue Code. AMENDMENTS 1986—Pub. L. 99–514, § 1511(c)(18), substituted ‘‘the overpayment rate established under section 6621’’ for ‘‘an annual rate established under section 6621’’. Pub. L. 99–514, § 2, substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. 1982—Pub. L. 97–164 struck out ‘‘(a)’’ before ‘‘In any judgment’’ and struck out subsec. (b) which provided that, except as otherwise provided in subsection (a) of this section, on all final judgments rendered against the United States in actions instituted under section 1346 of this title, interest was to be computed at the rate of 4 per centum per annum from the date of the judgment up to, but not exceeding, thirty days after the date of approval of any appropriation Act providing for payment of the judgment. 1975—Subsec. (a). Pub. L. 93–625 substituted ‘‘an an- nual rate established under section 6621 of the Internal Revenue Code of 1954’’ for ‘‘the rate of 6 per centum per annum’’. 1949—Act May 24, 1949, restored

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1988 — Proceedings in vindication of civil rights

**(a) Applicability of statutory and common law** The jurisdiction in civil and criminal matters conferred on the district courts by the provisions of titles 13, 24, and 70 of the Revised Statutes for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty. **(b) Attorney’s fees** In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318 [[20 U.S.C. 1681](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim) et seq.], the Religious Freedom Restoration Act of 1993 [[42 U.S.C. 2000bb](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000bb&num=0&edition=prelim) et seq.], the Religious Land Use and Institutionalized Persons Act of 2000 [[42 U.S.C. 2000cc](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000cc&num=0&edition=prelim) et seq.], title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1988 — Proceedings in vindication of civil rights

Page 5238 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1988 by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153; section 5506, 5511 to 5515, and 5520 to 5523, also referred to in text, were repealed by act Feb. 8, 1894, ch. 25, § 1, 28 Stat. 37. The provisions of sections 5508, 5510, 5516, 5518 and 5524 to 5532 of the Revised Statutes were reenacted by act Mar. 4, 1909, and classified to sections 51, 52, 54 to 59, 246, 428 and 443 to 445 of former Title 18, Criminal Code and Criminal Procedure. Those sections were re- pealed and reenacted as sections 241, 242, 372, 592, 593, 752, 1071, 1581, 1583 and 1588 of Title 18, Crimes and Criminal Procedure, in the general revision of Title 18 by act June 25, 1948, ch. 645, 62 Stat. 683. CODIFICATION R.S. § 1982 derived from acts Apr. 9, 1866, ch. 31, § 4, 14 Stat. 28; May 31, 1870, Ch. 114, § 9, 16 Stat. 142. Section was formerly classified to section 49 of Title 8, Aliens and Nationality. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted ‘‘United States attorneys’’ for ‘‘district attorneys’’. See section 541 of Title 28, Judiciary and Judicial Proce- dure, and Historical and Revision Notes thereunder. ‘‘United States magistrate judges’’ substituted in text for ‘‘magistrates’’ pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28. Previously, ‘‘magistrates’’ substituted for ‘‘commis- sioners’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. Reference to the district courts substituted for ref- erence to the circuit courts on authority of act Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167. § 1988. Proceedings in vindication of civil rights (a) Applicability of statutory and common law The jur

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1988

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 504 — Costs and fees of parties

**(a)** (1) An agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified or that special circumstances make an award unjust. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought. (2) A party seeking an award of fees and other expenses shall, within thirty days of a final disposition in the adversary adjudication, submit to the agency an application which shows that the party is a prevailing party and is eligible to receive an award under this section, and the amount sought, including an itemized statement from any attorney, agent, or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the agency was not substantially justified. When the United States appeals the underlying merits of an adversary adjudication, no decision on an application for fees and other expenses in connection with that adversary adjudication shall be made under this section until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal. (3) The adjudicative officer of the agency may reduce the amount to be awarded, or deny an award, to the extent that the party during the course of the proceedings engaged in condu

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 504 — Costs and fees of parties

Page 102 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 504 vised Statutes as now or hereafter amended shall be ap- plicable to the Department of Defense’’ is omitted from this title but is not repealed. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 504. Costs and fees of parties (a)(1) An agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States, fees and other ex- penses incurred by that party in connection with that proceeding, unless the adjudicative of- ficer of the agency finds that the position of the agency was substantially justified or that spe- cial circumstances make an award unjust. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudica- tion for which fees and other expenses are sought. (2) A party seeking an award of fees and other expenses shall, within thirty days of a final dis- position in the adversary adjudication, submit to the agency an application which shows that the party is a prevailing party and is eligible to receive an award under this section, and the amount sought, including an itemized statement from any attorney, agent, or expert witness rep- resenting or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the agency was not substantially justified. When the United States appeals the underlying merits of an adversary adjudication, no decision on an application for fees and other expenses in con- nection with tha

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 504

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 601 — Definitions

For purposes of this chapter— (1) the term “agency” means an agency as defined in [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim); (2) the term “rule” means any rule for which the agency publishes a general notice of proposed rulemaking pursuant to [section 553(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), or any other law, including any rule of general applicability governing Federal grants to State and local governments for which the agency provides an opportunity for notice and public comment, except that the term “rule” does not include a rule of particular applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances; (3) the term “small business” has the same meaning as the term “small business concern” under section 3 of the Small Business Act, unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register; (4) the term “small organization” means any not-for-profit enterprise which is independently owned and operated and is not dominant in its field, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are appropriate to the activities of the agency and publishes such

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 601 — Definitions

Page 169 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601 § 596. Authorization of appropriations There are authorized to be appropriated to carry out this subchapter not more than $3,200,000 for fiscal year 2009, $3,200,000 for fiscal year 2010, and $3,200,000 for fiscal year 2011. Of any amounts appropriated under this section, not more than $2,500 may be made available in each fiscal year for official representation and entertainment expenses for foreign dignitaries. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 391, § 576; Pub. L. 91–164, Dec. 24, 1969, 83 Stat. 446; Pub. L. 92–526, § 2, Oct. 21, 1972, 86 Stat. 1048; Pub. L. 95–293, § 1(a), June 13, 1978, 92 Stat. 317; Pub. L. 97–330, Oct. 15, 1982, 96 Stat. 1618; Pub. L. 99–470, § 2(a), Oct. 14, 1986, 100 Stat. 1198; Pub. L. 101–422, § 1, Oct. 12, 1990, 104 Stat. 910; renumbered § 596, Pub. L. 102–354, § 2(2), Aug. 26, 1992, 106 Stat. 944; Pub. L. 108–401, § 3, Oct. 30, 2004, 118 Stat. 2255; Pub. L. 110–290, § 2, July 30, 2008, 122 Stat. 2914.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1045e. Aug. 30, 1964, Pub. L. 88–499, § 7, 78 Stat. 618. The word ‘‘hereby’’ is omitted as unnecessary. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 2008—Pub. L. 110–290 amended section generally. Prior to amendment, text read as follows: ‘‘There are author- ized to be appropriated to carry out this subchapter not more than $3,000,000 for fiscal year 2005, $3,100,000 for fiscal year 2006, and $3,200,000 for fiscal year 2007. Of any amounts appropriated under this section, not more than $2,500 may be made ava

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Arkansas Code — all titles (historical 2020) · legal_authorities

25-16-901. Definitions — Limitations.

25-16-901. Definitions — Limitations. (a) For purposes of this subchapter, the term “state board” means every state board, commission, committee, council, task force, and similar entity except the General Assembly, the State Highway Commission, and the Arkansas State Game and Fish Commission. (b) This subchapter shall have no effect on the payment of mileage, expense reimbursement, and per diem authorized by law to be paid to members of the General Assembly, the State Highway Commission, and the Arkansas State Game and Fish Commission.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-16-901

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Arkansas Code — all titles (historical 2020) · legal_authorities

8-9-402. Definitions.

8-9-402. Definitions. As used in this subchapter: (1) “Beneficial use” means using a tire or part of a tire: (A) To make another product; (B) To make a component material of another product; (C) As a substitute for a commercial product or material; or (D) As a component to produce an alternative fuel for commercial purposes; (2)(A) “Commercial generator” means a person who sells new tires or provides delivery of new tires as part of fleet services to any one (1) or more of the following: (i) A municipality; (ii) A county; (iii) A state agency; (iv) A federal agency; (v) A school district; (vi) A political subdivision of the state; or (vii) A person who in the ordinary course of business buys tires in bulk for use on commercial vehicles. (B) “Commercial generator” does not include a tire retailer; (3) “Electronic uniform used tire manifest system” means an administrative method developed by the Division of Environmental Quality under § 8-9-407 that: (A) Primarily uses an electronic application for the submission and management of information related to the generation, collection, transportation, distribution, and recycling, disposal, or resale of each recyclable tire, waste tire, and used tire culled for resale regulated under this subchapter; (B) Secondarily may allow submission of used tire data that is manifested using an equivalent paper documentation; and (C) Records the origin, date of collection, date of transfer, quantity, type, transporter, and destination for each recyclable tire, waste tire, and used tire culled for resale regulated under this subchapter; (4)(A) “Extra-large tire” means a tire that, due to its size or construction, is more difficult to process for recycling or disposal than a large tire and costs substant

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-9-402

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 8-9-402. This identifies an authority to review, not proof of applicability.