A.C.R.C. Notes. As to Commission for Arkansas' Future, see Acts 1989, No. 810, as amended by Acts 1993, No. 488.

Publisher's Notes. Acts 1999, No. 1140, §§ 1-4, authorizes the Arkansas Code Revision Commission to make certain name changes affecting the Department of Education, the State Baord of Education, the Department of Workforce Education, the State Board of Workforce Education and Career Opportunities, and the Arkansas Higher Education Coordinating Board, and for other purposes.

Effective Dates. Acts 1999, No. 1140, § 9: Apr. 6, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the name changes contemplated by this act should be made and published at the earliest possible date in order to avoid confusion in the law among the members of the bar and the citizens of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Chapter 1 General Provisions

Cross References. Immunity from tort liability, § 16-120-101 et seq.

Effective Dates. Acts 1999, No. 1222, § 21: Apr. 8, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that it is essential to the effective and efficient administration of the Child Care Licensing program that the responsibility for reviewing appeals be placed in the Child Care Appeal Review Panel under the Department of Human Services, as soon as possible and that this act is designed to accomplish this purpose and should be given effect immediately. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval of the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Subchapter 1 — General Provisions

A.C.R.C. Notes. Due to the enactment of subchapters 2 and 3 by Acts 1999, Nos. 1276 and 1414, the existing provisions of this chapter have been designated as subchapter 1.

Cross References. Immunity from tort liability, § 16-120-101 et seq.

Effective Dates. Acts 1961, No. 487, § 4: Jan. 1, 1962.

Acts 1987, No. 895, § 3: Apr. 13, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that such access is needed by State agencies to properly and efficiently perform their duties and to access and limit the potential liability of the State of Arkansas. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989 (1st Ex. Sess.), No. 247, § 26: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1997, No. 181, § 5: February 17, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law requiring annual mission statements and activity statements by state boards and commissions does not specify the timeframe within which such reports must be filed; this act so provides; and that until this act becomes effective, confusion will exist as to when those filings are required. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1428, § 33: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1999 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 2001, No. 221, § 7: Feb. 13, 2001. Emergency clause provided: “It is hereby found and determined by the Eighty-third General Assembly that the current incremental line-item system of budgeting is ineffective in evaluating agency performance; that to implement a replacement system in a reasonable time is a difficult task and that to delay the implementation could cause the inability to meet critical deadlines. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1786, § 5: Apr. 19, 2001. Emergency clause provided: “It is found and determined by the Eighty-third General Assembly that immediate clarification is needed with regard to the authority to administer funds provided to the State of Arkansas under the federal Victims of Crime Act, the Violence Against Women Act, and the Family Violence Prevention and Services Act; and that this act, in order to comply with federal law, removes state legislative restrictions on the administration of such funds where the federal government has previously enacted legislation or regulations governing the authority to administer these funds. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2009, No. 1405, § 57: Apr. 9, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the people of the State of Arkansas overwhelmingly approved the establishment of lotteries at the 2008 General Election; that the Eighty-seventh General Assembly adopted Acts 605 and 606 of 2009 that implemented lotteries and made corresponding revisions to the Arkansas Academic Challenge Scholarship Program; that this bill amends provisions of Acts 605 and 606 of 2009 pertaining to lotteries and the Arkansas Academic Challenge Scholarship Program; and that the failure to immediately implement this act will cause a reduction in lottery proceeds that will harm the educational and economic success of potential students eligible to receive scholarships under the act. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 218, § 34: Feb. 26, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the stability of the Arkansas Scholarship Lottery is critical to the success of the Arkansas Academic Challenge Scholarship Program; that changes to the operational structure of the lottery are needed to improve the creditability and function of the lottery; and that this act is immediately necessary to ensure that the transition of lottery administration is as undisruptive as possible. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

25-1-101. Emergency relocation of seat of government.

    1. Whenever due to an emergency resulting from the effects of enemy attack or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat thereof in the City of Little Rock, the Governor, as often as the exigencies of the situation require, shall by proclamation declare an emergency temporary location for the seat of government at a place within or without this state which he or she may deem advisable under the circumstances. The Governor shall take any action and issue any orders which may be necessary for an orderly transition of the affairs of state government to the emergency temporary location.
    2. The emergency temporary location shall remain as the seat of government until the General Assembly shall by law establish a new location or until the emergency is declared to be ended by the Governor and the seat of government is returned to its normal location.
  1. During such time as the seat of government remains at the emergency temporary location, all official acts required by law to be performed at the seat of government by any officer, agency, department, or authority of this state, including the convening and meeting of the General Assembly in regular, extraordinary, or emergency session, shall be as valid and binding when performed at the emergency temporary location as if performed at the normal location of the seat of government.
  2. The provisions of this section shall control and be supreme in the event it shall be employed, notwithstanding the provisions of any other law to the contrary or in conflict herewith.

History. Acts 1961, No. 487, §§ 1-3; A.S.A. 1947, §§ 5-112 — 5-114.

Cross References. Emergency seat of local government, § 14-14-308.

25-1-102. [Repealed.]

Publisher's Notes. This section, concerning state agency smoking policies, was repealed by Acts 2013, No. 1276, § 1. The section was derived from Acts 1987, No. 462, §§ 1, 2.

25-1-103. Records related to third-party liability for services provided by state.

Records prepared by or in the possession of entities having potential liability for payment for services provided by or paid for in whole or part by an agency of the State of Arkansas shall be made available for inspection, review, audit, and other purposes of representatives of the State of Arkansas and its designee. This section applies to, but is not limited to, records of private health insurance carriers.

History. Acts 1987, No. 895, § 1.

25-1-104. Access of Department of Finance and Administration to agency records.

The Revenue Division, the Division of Workforce Services, the University of Arkansas at Little Rock, the University of Arkansas at Fayetteville, the Arkansas Economic Development Commission, and any other state agency, board, commission, department, institution, college, university, or authority shall make data, information, statistics, or other records of information available to the Department of Finance and Administration. Provided, however, that such information and records shall not identify persons, people, conglomerates, corporations, monopolies, or others that would from any published data or data within the possession of the office of the Secretary of the Department of Finance and Administration reveal the identity or any information or data of that particular identity that would be in conflict with federal laws.

History. Acts 1989 (1st Ex. Sess.), No. 247, § 20; 1997, No. 540, § 47; 2019, No. 910, § 3563.

A.C.R.C. Notes. Former § 25-1-104, concerning access of Department of Finance and Administration to agency records, is deemed to be superseded by this section. The former section was derived from Acts 1987, No. 1051, § 22.

Amendments. The 2019 amendment substituted “Division of Workforce Services” for “Department of Workforce Services” near the beginning of the first sentence and substituted “Secretary” for “Director” in the last sentence.

25-1-105. [Repealed.]

Publisher's Notes. This section, concerning annual reports, was repealed in its entirety by Acts 2001, No. 221, § 6. The section was derived from Acts 1995, No. 1123, § 1; 1997, No. 181, § 1; 1999, No. 1164, § 182; 1999, No. 1222, § 16; 1999, No. 1323, §§ 50-52; 2001, No. 1800, § 18.

This section's repeal by Acts 2001, No. 221, § 6, was deemed by the Arkansas Code Revision Commission to supersede the amendments of this section by Acts 2001, No. 537, § 3; 2001, No. 783, § 6; 2001, No. 1185, § 4; and 2001, No. 1800, § 18. See §§ 1-2-207 and 1-2-303.

25-1-106. Evaluation of necessity of various commissions and boards.

  1. Any part-time state board or commission that has not convened a meeting or has convened without a quorum for two (2) consecutive, regularly scheduled meeting dates within a two-year period shall vote to elect a new chair and vice chair.
    1. If a part-time state board or commission has not convened a regularly scheduled meeting or has convened without a quorum for four (4) consecutive, regularly scheduled meeting dates within a two-year period, the Joint Performance Review Committee shall reevaluate the purpose, need, and effectiveness of the board or commission.
    2. The Joint Performance Review Committee shall report its findings and any recommendations concerning the existence of the board or commission to the Legislative Council no later than December 1 of each even-numbered year and shall draft legislation to implement the recommendations.
  2. No later than August 1 of each even-numbered year, each part-time board and commission shall provide the Joint Performance Review Committee with a list of the regularly scheduled meeting dates for the board or commission for the previous two (2) fiscal years, including the attendance record of each member and the number of meetings that were convened.

History. Acts 1997, No. 1205, § 1; 1999, No. 1308, § 1; 2003, No. 1335, § 1.

25-1-107. Guidelines for advisory bodies.

  1. Where advisory bodies are specified by state or federal legislation or guidelines to act in conjunction with the entity or organization designated to administer funds of the Victims of Crime Act, 42 U.S.C. §§ 10601 — 10605, the STOP Violence Against Women Act, 42 U.S.C. § 13701, and the Family Violence Prevention and Services Act, 42 U.S.C. § 10401 et seq., the duties and protocol of those advisory bodies, as well as responsibilities of the state administrative agency, shall include, but not be limited to, the following:
    1. After providing the opportunity for review and advice by the advisory bodies, the state administrative agency shall:
      1. Establish a proposal activity calendar one hundred eighty (180) days prior to the start of the upcoming funding cycle;
        1. Establish procedures and dates for review of subgrant funding applications for each funding cycle.
        2. The state administrative agency shall provide copies of subgrant applications submitted for review to the chairperson of each relevant advisory body;
      2. Establish, consistent with federal law, subgrant application forms;
      3. Establish deadlines for receiving subgrant applications;
      4. Establish dates of subgrant application technical assistance training sessions;
      5. Establish subgrant applicant appeal process procedures; and
      6. Develop a statewide victim service needs assessment and strategic plan for Victims of Crime Act, STOP Violence Against Women Act, and Family Violence Prevention and Services Act funds pursuant to applicable federal program guidelines; and
    2. The state administrative agency shall meet with the relevant advisory bodies no later than thirty (30) days prior to the scheduled date of mailing of application forms for the purpose of providing an opportunity for review of the content of the application forms. The state administrative agency shall provide drafts of all necessary subgrant application forms to the chairperson of the relevant advisory boards prior to such a meeting.
  2. The state administrative agency shall make available to members of the advisory bodies, upon request, copies of current federal and state law and guidelines concerning the relevant Victims of Crime Act, STOP Violence Against Women Act, and Family Violence Prevention and Services Act programs, including any formal interpretations of such law and guidelines by the state administrative agency.
  3. Any copies of forms, laws, guidelines, or interpretations required to be furnished by the state administrative agency must be made available on computer diskette or other requested electronic media if the requested item is feasibly able to be produced in the requested manner.
  4. The state administrative agency shall provide quarterly reports concerning subgrantee and administrative financial activity to the Governor and to the chairperson of each advisory body within ten (10) working days of the completion of the reports.
  5. Within one hundred twenty (120) days following the start of a subgrant funding cycle, the state administrative agency shall meet with focus groups made up of those programs that or individuals who applied for funds through the Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act grant programs in the most recent funding cycle. These meetings are for the purpose of evaluating the effectiveness and responsiveness of the application, application review, and funding recommendation process in order to maintain the integrity of those processes. The state administrative agency shall provide reports of these meetings to the Governor and to the chairperson of each advisory body within ten (10) working days of the completion of the meetings.

History. Acts 1999, No. 1428, § 27; 2001, No. 1786, § 4.

25-1-108. Report.

  1. For purposes of this section, “state agency” means every department, division, office, board, commission, and institution of this state, excluding state-supported institutions of higher education.
  2. Every state agency that receives grants in excess of twenty-five thousand dollars ($25,000) from any source shall report to the Legislative Council within forty-five (45) calendar days after receipt of a grant.
  3. The report shall include:
    1. The amount of the grant;
    2. The purpose of the grant;
    3. The source of the grant;
    4. Conditions of the grant; and
    5. Any other information requested by the Legislative Council.
  4. All state-supported institutions of higher education shall continue to report grants to the Department of Finance and Administration quarterly on forms prescribed by the department, and the department shall upon receipt thereof file the reports with the Legislative Council.

History. Acts 2001, No. 319, § 1.

25-1-109. Televised public service announcements.

All state agencies that make televised public service announcements shall ensure that those announcements are either closed-captioned or open-captioned.

History. Acts 2001, No. 813, § 1.

25-1-110. Cost-effectiveness of state-owned vehicles.

  1. Each agency shall ensure that the purchase and continued ownership of state-owned vehicles is cost effective for the agency.
    1. Each agency shall determine if the purchase or continued ownership of a vehicle is cost effective based upon a comparison between state vehicle ownership and private car mileage reimbursement break-even points, as established pursuant to rules promulgated by the Department of Finance and Administration.
    2. The comparison shall be based upon the previous year's use of the state-owned vehicle.
  2. On June 1 of every year, each agency shall provide the department a report including:
    1. The number of agency vehicles;
    2. The mileage used on the agency vehicles;
    3. Any private car mileage reimbursements; and
    4. Justification for retention of all vehicles identified as under-utilized.
  3. By September 1 of each year, the department shall provide each agency and the Legislative Council with recommendations concerning the continued ownership of state-owned vehicles by each agency.
  4. The provisions of this section do not apply to institutions of higher education and vocational technical institutes.

History. Acts 2001, No. 1711, § 1; 2009, No. 1405, § 49; 2015, No. 218, § 26; 2019, No. 315, § 2905.

Amendments. The 2009 amendment inserted “the Arkansas Lottery Commission” in (e) and made a related change.

The 2015 amendment deleted “the Arkansas Lottery Commission” in (e).

The 2019 amendment substituted “rules” for “regulations” in (b)(1).

25-1-111. Designation — Grant Advisory Board — Definition.

  1. The Governor shall have the authority to designate the state agency responsible for the administration and disbursement of funds received by the State of Arkansas under the Victims of Crime Act, 42 U.S.C. §§ 10601 — 10605, the STOP Violence Against Women Act, 42 U.S.C. § 13701, and the Family Violence Prevention and Services Act, 42 U.S.C. § 10401 et seq., in the manner authorized by federal law.
  2. The state agency designated by the Governor under this section shall not disburse Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act funds without providing an opportunity for subgrantee qualification selection assistance and programmatic support by the Arkansas Child Abuse/Rape/Domestic Violence Commission and the Grant Advisory Board.
    1. The Grant Advisory Board is established under this section to assist potential beneficiaries of Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act funds by:
        1. Providing review and advice concerning grant processes and grant funding.
        2. If a member of the Grant Advisory Board has a financial interest in an organization seeking grant funding under subdivision (c)(1)(A)(i) of this section, the member may participate in discussion regarding the award of the grant, but the member shall not vote on the matter;
      1. Hearing grievances from the beneficiaries of those funds; and
      2. After Grant Advisory Board review, requiring the state agency to provide timely notification to the Grant Advisory Board of any revisions to existing rules and any proposed rules to be promulgated, within federal guidelines, by the state agency designated by the Governor under this section, concerning Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act funds, and any applicable policies and procedures.
    2. The Grant Advisory Board shall consist of:
      1. Two (2) representatives selected by the Arkansas Coalition Against Sexual Assault;
      2. Two (2) representatives selected by the Arkansas Coalition Against Domestic Violence;
      3. Two (2) representatives selected by the Arkansas State CASA Association;
      4. Two (2) representatives selected by the Prosecution Coordination Commission;
      5. One (1) representative selected by the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education; and
      6. One (1) representative each from any other advisory body determined to be necessary by the state administrative agency, including without limitation, the elderly, non-English-speaking residents, disabled persons, members of racial or ethnic minorities, and residents of rural or remote areas.
  3. The state agency designated by the Governor under this section shall not disburse Victims of Crime Act funds without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board.
    1. The state agency designated by the Governor under this section shall not disburse funds under the law enforcement, prosecution, and judiciary percentages of the STOP Violence Against Women Act, without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board.
    2. The state agency designated by the Governor under this section shall not disburse funds under the victims services and discretionary percentages of the STOP Violence Against Women Act without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board.
  4. The state agency designated by the Governor under this section shall not disburse Family Violence Prevention and Services Act funds without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board.
  5. The state agency designated by the Governor under this section shall, after the review and recommendations of the Grant Advisory Board, promulgate rules consistent with federal law setting forth the policies and procedures for the administration and disbursement of Victims of Crime Act, STOP Violence Against Women Act, and Family Violence Prevention and Services Act funds, including policies and procedures for the participation and assistance of advisory bodies established to assist potential beneficiaries of those funds.
    1. As used in this section, “review” means an analysis, evaluation, assessment, appraisal, inquiry, inspection, or a study.
    2. “Review” does not mean the authority utilized by the General Assembly in its analysis of proposed rules or appropriations.

History. Acts 2001, No. 1786, § 1; 2017, No. 777, § 1.

Amendments. The 2017 amendment substituted “the Grant Advisory Board” for “and other advisory bodies established to assist potential beneficiaries of those funds” at the end of (b); inserted (c) and redesignated the remaining subsections accordingly; rewrote (d) through (f); in (g), inserted “after the review and recommendations of the Grant Advisory Board” and deleted “and regulations” following “rules”; and added (h).

U.S. Code. 42 U.S.C. §§ 10601—10605, referred to in subsection (a) of this section, are now codified as 34 U.S.C. § 20101 et seq.

The STOP Violence Against Women Act, referred to in this section, may refer to the Violence Against Women Act of 1994, which was passed as title IV of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. No. 103-322, and is codified in various sections of the U.S. Code. Concerning grants related to violent crimes against women, see 34 U.S.C. § 10441 et seq., 34 U.S.C. § 12291 et seq.

25-1-112. Sexual offenses screened in criminal background checks.

Whenever a criminal background check is performed on a person under the provisions of any criminal background check requirement contained in this Code for employment, licensure, or any other purpose, the person may be disqualified for employment, licensure, or any other purpose for which the background check was conducted if it is determined that the person committed a violation of any sexual offense formerly proscribed under §§ 5-14-1015-14-103, 5-14-1045-14-109 [repealed], 5-14-1105-14-112, 5-14-1135-14-119 [reserved], 5-14-1205-14-121 [repealed], and 5-14-1225-14-127, that is substantially equivalent to any sexual offense presently listed in §§ 5-14-1015-14-103, 5-14-1045-14-109 [repealed], 5-14-1105-14-112, 5-14-1135-14-119 [reserved], 5-14-1205-14-121 [repealed], and 5-14-1225-14-127, and is an offense screened for in a criminal background check.

History. Acts 2003, No. 1393, § 1.

25-1-113. Processing of requests for payments submitted to state agencies.

  1. As used in this section, “state agency” means any department, agency, board, commission, office, or other authority of the state.
  2. A state agency that receives a properly prepared request for payment from a city or county owed payment for services or goods purchased by the state agency has twenty (20) working days to process the payment request, excluding time required for transmittal from one (1) person to another, if:
    1. The request for payment conforms with the provisions of the contract award and the laws of the State of Arkansas; and
    2. Funds are available.
  3. If a state agency contests the payment, then within the time specified for processing payment it shall notify the city or county that submitted the request:
    1. That the payment has been contested; and
    2. The reasons for the request's being contested.
  4. The Chief Fiscal Officer of the State shall establish procedures for monitoring payments to cities and counties by state agencies.

History. Acts 2003, No. 1710, § 1.

25-1-114. Incorporation of machine-readable privacy policies into websites.

  1. Each unit of state and local government and each state agency that operates or maintains a website shall incorporate a machine-readable privacy policy into each of its websites no later than July 1, 2004.
  2. The privacy policy statement shall be published on the state's website, local government's website, or state agency's website and for each statement shall include:
    1. A description of the data the unit of government or agency collects on its website and how the data will be used by the unit of government or agency;
    2. The type of data and the purposes for which data are shared with other entities;
    3. Whether the unit of government's or agency's data collecting and sharing practices are mandatory or allow a browser to opt in or opt out of those practices;
    4. An explanation that certain information collected by the governmental unit or agency is subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.;
    5. A link to or instructions for locating the website's policy reference file, which shall identify the uniform resource locator for the website's policy statements and shall indicate those portions of the website and the website's “cookies” that are covered by each statement; and
    6. A link to the website's human-readable privacy policy.

History. Acts 2003, No. 1713, § 1.

25-1-115. Contact information on state agency documents.

  1. The purpose of this section is to require each state agency to include a telephone number for inquiries or comments and, to the extent practicable, the name of a contact person on any communication, form, notice, announcement, publication, or other similar document from the state agency.
  2. This section shall not apply to communications, forms, notices, announcements, publications, or other similar documents in existence on August 12, 2005, but shall apply to such documents as they are created, revised, and reordered after August 12, 2005.

History. Acts 2005, No. 2263, § 1.

25-1-116. State agency personal computer policy.

  1. As used in this section, “state agency” means any department, agency, board, commission, office, or other authority of the state.
  2. The chief administrative officer of each state agency shall promulgate a policy that prohibits the integration of hardware, software, or peripherals owned by an authorized user with a state agency's network or workstation without the approval of the state agency's chief administrative officer or his or her designee.

History. Acts 2007, No. 339, § 1.

25-1-117. Demographic data report.

  1. A state agency, board, or commission that licenses or otherwise regulates a health profession shall procure demographic data regarding the health care workforce in this state, including without limitation:
    1. The Arkansas Board of Podiatric Medicine;
    2. The Arkansas Psychology Board;
    3. The Arkansas Social Work Licensing Board;
    4. The Arkansas State Board of Dental Examiners;
    5. The Arkansas State Medical Board;
    6. The Arkansas State Board of Pharmacy;
    7. The Board of Examiners in Speech-Language Pathology and Audiology; and
    8. The State Board of Optometry.
  2. Each state agency, board, or commission required to procure data under this section shall procure accurate and efficient collection of data, demographic, and other information by defining the following categories on licensure applications, including without limitation:
    1. Age;
    2. City and county of residence;
    3. Educational institution of professional education and training;
    4. Ethnicity;
    5. Gender;
    6. Place of birth; and
    7. Race.
  3. Each state agency, board, or commission required to procure data under this section shall report the data on or before August 31 each year to:
    1. The Arkansas Center for Health Improvement;
    2. The Arkansas Minority Health Commission; and
    3. The Department of Health.
  4. If collected via licensure applications or through other means, each state agency, board, or commission listed in subsection (a) of this section shall report the following information in accordance with subsection (c) of this section:
    1. Licensee name;
    2. Licensure number;
    3. Licensure status;
    4. Original date of full licensure in Arkansas;
    5. National Provider Identifier;
    6. Location of practice, including zip code, city, and county of practice; and
    7. Any specialty designation and board certifications.

History. Acts 2009, No. 1489, § 1; 2017, No. 970, § 1.

Amendments. The 2017 amendment added (d).

25-1-118. Electronic filing of reports.

  1. As used in this section:
    1. “Entity of the state” means:
      1. A state agency;
      2. The Governor;
      3. The Lieutenant Governor;
      4. The Attorney General;
      5. The Secretary of State;
      6. The Auditor of State;
      7. The Treasurer of State;
      8. The Commissioner of State Lands;
      9. The General Assembly; and
      10. A committee or subcommittee of the General Assembly, including without limitation the Legislative Council; and
    2. “State agency” means every department, division, office, board, commission, and institution of this state, including state-supported institutions of higher education.
  2. A state agency required by Arkansas law to file a report, including without limitation a written report, with an entity of the state shall:
    1. File the report in electronic form; and
      1. Post the report on its Internet website, if applicable.
      2. This subdivision shall not apply if information within the report is protected from public disclosure by state or federal law.

History. Acts 2011, No. 742, § 1.

25-1-119. Services and studies concerning mortality disparities — Definition.

    1. As used in this section, “Arkansas red counties” means those counties in which Arkansans who were born and are living have a life expectancy rate six (6) to ten (10) times less than the life expectancy of Arkansans who were born and are living in the county with the highest life expectancy.
    2. “Arkansas red counties” includes on July 27, 2011:
      1. Arkansas;
      2. Chicot;
      3. Crittenden;
      4. Cross;
      5. Dallas;
      6. Desha;
      7. Fulton;
      8. Jackson;
      9. Jefferson;
      10. Mississippi;
      11. Monroe;
      12. Ouachita;
      13. Perry;
      14. Phillips;
      15. Poinsett;
      16. St. Francis;
      17. Sevier;
      18. Union; and
      19. Woodruff.
  1. The General Assembly finds:
    1. It is unacceptable for Arkansans born and living in one part of the state to have a life expectancy rate six to ten (6-10) years less than Arkansans born and living in another part of the state;
    2. Complex factors operating at the levels of individuals, interpersonal networks, organizations, or communities influence disparities in health and healthcare; and
    3. Health and healthcare disparities not only are unacceptable, but also have human, economic, social, and developmental costs that affect all residents of the nation and the State of Arkansas.
    1. Each state agency, board, and commission that receives state dollars or tobacco settlement funds intended to improve the quality of health in Arkansas is encouraged to provide its programs, services, and research in Arkansas red counties.
    2. Identified agencies, boards, and commissions whose scope of services encompasses the Arkansas red counties include without limitation, the:
      1. Arkansas Center for Health Improvement;
      2. Division of Environmental Quality;
      3. Department of Health;
      4. Donald W. Reynolds Institute on Aging at the University of Arkansas for Medical Sciences;
      5. Area Agencies on Aging;
      6. Arkansas Biosciences Institute of the University of Arkansas for Medical Sciences;
      7. Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; and
      8. Partners for Inclusive Communities of the University Centers of Excellence in Developmental Disabilities Education, Research, and Service of the University of Arkansas for Medical Sciences.
      1. The entities listed in subdivision (c)(2) of this section shall submit an annual report to the chair of the House Committee on Public Health, Welfare, and Labor, the chair of the Senate Committee on Public Health, Welfare, and Labor, and the Governor to be delivered on or before October 1 of each year.
      2. The annual report required under subdivision (c)(3)(A) of this section shall include without limitation a section that:
        1. Describes services, programs, research, or any combination of services, programs, and research provided in the Arkansas red counties during the previous fiscal years;
        2. Accounts for expenditures, services, programs, research, or any combination of services, programs, and research provided in the Arkansas red counties during the previous fiscal year; and
        3. Provides recommendations toward improving health and healthcare in Arkansas red counties.
  2. The following entities shall work together to identify the red counties most in need of help with mortality disparities and shall make that data available to the public:
    1. The Arkansas Center for Health Improvement;
    2. The Arkansas Minority Health Commission;
    3. The Division of Environmental Quality;
    4. The Department of Health; and
    5. Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences.

History. Acts 2011, No. 790, § 1; 2019, No. 910, §§ 3245, 3246.

Amendments. The 2019 amendment substituted “Division of Environmental Quality” for “Arkansas Department of Environmental Quality” in (c)(2)(B) and (d)(3).

25-1-120. Comprehensive cross-sector collaboration — Definition.

    1. As used in this section, “Arkansas red counties” means those counties in which Arkansans were born and are living have a life expectancy rate six to ten (6-10) years less than the life expectancy of Arkansans who were born and are living in the county with the highest life expectancy.
    2. “Arkansas red counties” includes on July 27, 2011:
      1. Arkansas;
      2. Chicot;
      3. Crittenden;
      4. Cross;
      5. Dallas;
      6. Desha;
      7. Fulton;
      8. Jackson;
      9. Jefferson;
      10. Mississippi;
      11. Monroe;
      12. Ouachita;
      13. Perry;
      14. Phillips;
      15. Poinsett;
      16. St. Francis;
      17. Sevier;
      18. Union; and
      19. Woodruff.
  1. The General Assembly finds that:
    1. Health is affected by a wide variety of social factors, including without limitation:
      1. The circumstances in which people are born, grow up, live, work, and age;
      2. Systems for dealing with illness and access to those systems; and
      3. Other factors, such as poverty, substance abuse, working conditions, unemployment, social support, nutritious foods, transportation, and housing;
    2. Complex factors affecting health operate at the levels of individuals, interpersonal networks, organizations, or communities that influence disparities in health and healthcare; and
    3. Collaboration between agencies and organizations is cost effective, increases awareness, and ensures programs and services provided are comprehensive.
    1. Each state agency, board, and commission whose scope of services encompasses the Arkansas red counties to date are encouraged to work collaboratively in the Arkansas red counties to implement strategies that may include without limitation health screenings, education, awareness, outreach efforts, resource and service navigation, as well as other health and health care access-related initiatives toward achieving systems change.
    2. The following entities without limitation are encouraged to work together to plan, operate, and coordinate a comprehensive initiative to address the health and healthcare needs of the Arkansas red counties:
      1. The Arkansas Center for Health Improvement;
      2. The Arkansas Minority Health Commission;
      3. The Division of Environmental Quality;
      4. The Department of Health;
      5. Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences;
      6. Workforce Development Commission [repealed];
      7. Division of Higher Education;
      8. Arkansas Department of Transportation;
      9. University of Arkansas for Medical Sciences — Partners for Inclusive Communities;
      10. Arkansas Children's Hospital;
      11. University of Arkansas for Medical Sciences — Area Health Education Centers;
      12. Public safety organizations;
      13. Arkansas Optometric Association, Inc.; and
      14. Area Agencies on Aging.
    1. The Office of Minority Health and Health Disparities is designated to:
      1. Organize, notify, and coordinate planning meetings of the entities encouraged under this section to work together to plan, operate, and coordinate a comprehensive initiative to address the health and healthcare needs of the Arkansas red counties;
      2. Coordinate agreed-upon initiatives in selected counties annually;
      3. Assist in development of a standardized annual report format that will be used to report on the cross-sector comprehensive collaborative initiatives and the outcomes of those initiatives; and
      4. Compile an annual report of comprehensive collaborative initiatives using the standardized format created under this subsection and submit the report to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor no later than October 1 of each year.
    2. The first planning meeting under this subsection shall be held no later than October 1, 2011.
    3. The first report under this subsection shall be submitted by October 1, 2012.

History. Acts 2011, No. 798, § 1; 2017, No. 707, § 285; 2019, No. 910, §§ 3247, 3248.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (c)(2)(H).

The 2019 amendment substituted “Division of Environmental Quality” for “Arkansas Department of Environmental Quality” in (c)(2)(C); and substituted “Division of Higher Education” for “Department of Higher Education” in (c)(2)(G).

25-1-121. Naming of public buildings, structures, airports, or facilities — Definition.

  1. As used in this section, “public funds” means any funds, moneys, receivables, grants, investments, instruments, real or personal property, or other assets, liabilities, equities, revenues, receipts, or disbursements belonging to, held by, or passed through an entity of the state or a political subdivision of the state.
  2. A building, structure, or facility paid for in whole or in part with public funds shall not be named for an individual living at the time of completion of the building, structure, or facility who, in the ten (10) years preceding the construction of the public building, structure, or facility:
    1. Was elected by qualified electors to a federal, state, county, or municipal office or held a federal, state, county, or municipal office; and
    2. Received a salary for his or her service in the federal, state, county, or municipal office.
  3. A municipal airport paid for in whole or in part with public funds shall not be named for an individual living at the time the municipal airport is named, if the individual:
    1. Was elected by qualified electors to a federal, state, county, or municipal office or held a federal, state, county, or municipal office; and
    2. Received a salary for his or her service in the federal, state, county, or municipal office.
  4. This section shall not apply to:
    1. A building, structure, airport, or facility that concerns an individual living at the time of completion of the building, structure, or facility and has historical significance, including without limitation that individual's birthplace;
    2. The naming of a building, structure, airport, or facility after an individual:
      1. Who is or has been a prisoner of war; or
      2. Who is:
        1. At least seventy-five (75) years of age; and
        2. Retired; or
    3. A building, structure, airport, or facility for which at least fifty percent (50%) of the funds used to pay for the building, structure, airport, or facility are private funds.
  5. This section shall not be construed to prevent an entity receiving public funds from placing an individual's name upon a commemorative object, including without limitation a brick, used in a building, structure, airport, or facility, in exchange for a donation to the entity.

History. Acts 2013, No. 1225, § 2; 2017, No. 983, § 1.

A.C.R.C. Notes. Acts 2013, No. 1225, § 1, provided: “Legislative intent.

“(a) The General Assembly finds:

“(1) The integrity of elections in this state is of the utmost importance; and

“(2) The General Assembly should pursue legislative measures that prevent incumbent candidates from having special or unfair advantages in subsequent political contests.

“(b) The intent of this section is to regulate the naming of public buildings, structures, or facilities after certain individuals to prevent unfair advantages for incumbent candidates in future political contests.”

Amendments. The 2017 amendment inserted “airports” in the section heading; inserted (c) and redesignated the remaining subsections accordingly; and inserted “airport” throughout (d) and (e).

25-1-122. Alternative or secondary address for state communications through the mail — Law enforcement officers.

  1. A person who is employed primarily as a law enforcement officer may elect to use an alternative or secondary address, such as a post office box, to receive all of his or her communications sent by a state agency through the mail.
  2. The secondary or alternative address must be in the same county and, where practicable, same voting precinct as the law enforcement officer's primary place of residence.

History. Acts 2013, No. 1514, § 1.

25-1-123. Criminal background checks for public employees controlling public funds — Definition.

  1. As used in this section, “public employer” means any of the following:
    1. An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the State of Arkansas, including the offices of the various Arkansas-elected constitutional officers and the General Assembly and its agencies, bureaus, and divisions;
    2. A state-supported college, university, technical college, community college, or other institution of higher education or department, division, or agency of a state institution of higher education;
    3. The Supreme Court, the Court of Appeals, the Administrative Office of the Courts, the circuit courts, and the prosecuting attorneys' offices;
    4. An office, department, commission, council, agency, board, bureau, committee, corporation, or other instrumentality of a county government or a municipality or a district court, a county subordinate service district, a municipally owned utility, or a regional or joint governing body of one (1) or more counties or municipalities; or
    5. A public school district, school, or an office or department of a public school district in Arkansas.
    1. A public employer shall obtain a state criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police before finalizing the hiring of an applicant for an employment position with supervisory fiduciary responsibility over all fiscal matters.
    2. The applicant shall sign a release of information to the public employer.
    3. The public employer may:
      1. Choose to be responsible for the payment of any fee associated with the state criminal background check; or
      2. Provide that the applicant is responsible for the payment of any fee associated with the criminal background check.
    4. Upon completion of the criminal background check, the bureau shall forward to the public employer all releasable information obtained concerning the applicant.

History. Acts 2015, No. 1103, § 5.

25-1-124. Reporting by public employee — Definitions.

  1. As used in this section:
    1. “Public employee” means a person who performs a full or part-time service for wages, salary, or other remuneration for a public employer; and
    2. “Public employer” means any of the following:
      1. An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the State of Arkansas, including the offices of the various Arkansas-elected constitutional officers and the General Assembly and its agencies, bureaus, and divisions;
      2. A state-supported college, university, technical college, community college, or other institution of higher education or department, division, or agency of a state institution of higher education;
      3. The Supreme Court, the Court of Appeals, the Administrative Office of the Courts, the circuit courts, and the prosecuting attorneys' offices;
      4. An office, department, commission, council, agency, board, bureau, committee, corporation, or other instrumentality of a county government or a municipality or a district court, a county subordinate service district, a municipally-owned utility, or a regional or joint governing body of one (1) or more counties or municipalities; or
      5. A public school district, school, or an office or department of a public school district in Arkansas.
    1. A public employee with supervisory fiduciary responsibility over all fiscal matters of a public employer shall report to Arkansas Legislative Audit a loss of public funds that amounts to one thousand dollars ($1,000) or more in one (1) calendar year, including without limitation:
      1. Apparent unauthorized disbursements of public funds; or
      2. The apparent theft or misappropriation of public funds or property.
    2. A report under subdivision (b)(1) of this section shall be made within five (5) business days of the date the public employee learns of the loss of public funds.
  2. A public employee with supervisory fiduciary responsibility over all fiscal matters who purposely fails to comply with subsection (b) of this section is guilty of a Class A misdemeanor.

History. Acts 2015, No. 1103, § 5; 2017, No. 498, § 1.

Amendments. The 2017 amendment substituted “to Arkansas Legislative Audit a loss of public funds that amounts to one thousand dollars ($1,000) or more in one (1) calendar year” for “a loss of public funds to Arkansas Legislative Audit” in (b)(1).

Subchapter 2 — Paper Reduction

Effective Dates. Acts 2009, No. 1405, § 57: Apr. 9, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the people of the State of Arkansas overwhelmingly approved the establishment of lotteries at the 2008 General Election; that the Eighty-seventh General Assembly adopted Acts 605 and 606 of 2009 that implemented lotteries and made corresponding revisions to the Arkansas Academic Challenge Scholarship Program; that this bill amends provisions of Acts 605 and 606 of 2009 pertaining to lotteries and the Arkansas Academic Challenge Scholarship Program; and that the failure to immediately implement this act will cause a reduction in lottery proceeds that will harm the educational and economic success of potential students eligible to receive scholarships under the act. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

25-1-201. Legislative intent.

  1. It is the intent of the General Assembly to:
    1. Prohibit the excessive reproduction of state agency reports that are being written, printed, and distributed at significant public expense; and
    2. Provide for Internet publication as the primary means of publishing state agency reports.
  2. It is not the intent of the General Assembly to reduce the free flow of information between state government and the public. Rather, the intent is to reduce the use of state government publications for other than required informational purposes and to effect a reduction in the escalating public expense of writing, printing, and distributing state agency reports.

History. Acts 1999, No. 1276, § 1; 2013, No. 501, § 4.

Amendments. The 2013 amendment rewrote (a); and deleted “unsolicited” preceding “state agency reports” in (b).

25-1-202. Distribution of reports to the General Assembly.

  1. Reports by state agencies that are required to be submitted to the General Assembly shall be submitted only to:
    1. The Speaker of the House of Representatives;
    2. The President Pro Tempore of the Senate;
    3. The member of the General Assembly who was the lead sponsor of the legislation authorizing the preparation of the report; and
    4. The Director of the Bureau of Legislative Research.
  2. A report required to be submitted to the General Assembly shall be filed in electronic form.

History. Acts 1999, No. 1276, § 2; 2013, No. 501, § 5.

Amendments. The 2013 amendment added the (a) designation and made stylistic changes; and added (b).

25-1-203. Distribution of other publications.

  1. A state agency shall not distribute a state publication except as provided in this section.
    1. A state agency shall place a state publication on its website.
    2. The Division of Information Systems shall assist those state agencies requesting assistance in placing publications on the state agency's website.
  2. Upon request, a state agency shall provide an unbound, black-and-white copy of a state publication to a person.
    1. A state agency shall compile a mailing list of persons requesting publications distributed by the state agency.
      1. Before distributing a state publication, the state agency shall send by mail a card to each person on the mailing list requesting the person to return the card to the state agency if the person wishes to receive an unbound, black-and-white copy of the publication.
      2. The card shall include the address of the website on which the publication is located.
      3. Upon return receipt of a card, the state agency shall then send a copy of the publication to the person.
  3. This section does not apply to the following publications:
    1. Public information pamphlets;
    2. Promotional brochures;
    3. Copies of legislative bills;
    4. Copies of statutes, laws, and rules;
    5. Information disseminated to the press or requested pursuant to the Freedom of Information Act of 1967, § 25-19-101 et seq.;
    6. Publications that are applications, instructions, or guidelines for complying with state or federal law, regulation, or policy;
    7. Publications of the Division of Agriculture of the University of Arkansas;
    8. Information, forms, and notices necessary to comply with state tax laws, driver's licensing laws, and motor vehicle registration and titling laws;
    9. Financial reports required by a:
      1. Governing board if the rules, procedures, or bylaws of the governing board as of January 1, 2013, required a printed financial report;
      2. Bond rating agency;
      3. Bond trustee; or
      4. Financial institution; and
    10. The Arkansas Highways magazine published by the Arkansas Department of Transportation.
  4. A state agency may distribute upon request an abstract that contains a description of reports submitted to the General Assembly and of any other information that is available.
    1. Except as provided in subdivision (g)(3) of this section, on or before October 1 of each even-numbered year a state agency shall submit an electronic report to the Department of Finance and Administration containing the:
      1. Number of unbound, black-and-white publications the state agency distributed under this section in the past two (2) years; and
      2. The cost of producing the unbound, black-and-white publications distributed under this section in the past two (2) years.
      1. The Department of Finance and Administration shall provide a report containing the information reported by state agencies under subdivision (g)(1) of this section by November 1 of each even-numbered year.
      2. The report shall identify the number of publications distributed and the cost of producing the publications for each individual state agency reporting under subdivision (g)(1) of this section.
    2. Subdivision (g)(1) of this section does not apply to the General Assembly or the divisions, commissions, and bureaus operating under the authority of the General Assembly.

History. Acts 1999, No. 1276, § 3; 2013, No. 501, § 6; 2017, No. 707, § 286; 2019, No. 315, § 2906; 2019, No. 910, § 6254.

Amendments. The 2013 amendment rewrote the section.

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (e)(10).

The 2019 amendment by No. 315 substituted “rules” for “regulations” in (e)(4).

The 2019 amendment by No. 910 substituted “Division of Information Systems” for “Department of Information Systems” in (b)(2).

25-1-204. Publications to be included in agency budget.

Each state agency shall include in its budget request a list of state publications that are required by statutory law and shall state in writing the reasons for the continued publication or distribution of its publications.

History. Acts 1999, No. 1276, § 4; 2013, No. 501, § 7.

Amendments. The 2013 amendment substituted “Each” for “Beginning with the 1999-2000 fiscal year, each.”

25-1-205. Copies to be filed with Legislative Council.

  1. A state agency which publishes or distributes a state publication shall file an electronic copy of a publication with the Legislative Council if the state agency has published or distributed more than one thousand (1,000) copies of the publication in the preceding calendar year.
  2. This section shall not apply to:
    1. Copies of legislative bills;
    2. Copies of statutes, laws, and rules;
    3. Information disseminated solely to the press;
    4. Publications that are applications, instructions, or guidelines for complying with any state or federal law, rule, regulation, or policy;
    5. Promotional brochures and educational materials published by the Department of Parks, Heritage, and Tourism;
    6. Publications of the University of Arkansas Cooperative Extension Service; and
    7. Marketing and promotional information published by the Arkansas Economic Development Commission.

History. Acts 1999, No. 1276, § 5; 2013, No. 501, § 8; 2019, No. 315, §§ 2907, 2908; 2019, No. 910, § 5701.

Amendments. The 2013 amendment added the (a) designation; in (a), substituted “A” for “Any”, substituted “an electronic copy of a publication” for “a copy of the publication”; inserted the (b) designation; and substituted “Economic Development Commission” for “Department of Economic Development” in (b)(7).

The 2019 amendment by No. 315 substituted “rules” for “regulations” in (b)(2); and inserted “rule” in (b)(4).

The 2019 amendment by No. 910 substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (b)(5).

25-1-206. Definition of “state agency”.

As used in this subchapter, “state agency” means an agency, authority, board, bureau, commission, council, department, office, or officer of the state receiving an appropriation by the General Assembly, including without limitation a state-supported institution of higher education.

History. Acts 1999, No. 1276, § 6; 2009, No. 1405, § 50; 2013, No. 501, § 9.

Amendments. The 2009 amendment rewrote the section.

The 2013 amendment rewrote the section.

Subchapter 3 — Members of Executive Branch Boards and Commissions

Effective Dates. Acts 1999, No. 1414, § 6: Apr. 13, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the Arkansas Supreme Court has ruled that service by members of the General Assembly on executive branch boards and commissions which exercise the sovereign powers of this state is unconstitutional; that this act will avoid further litigation and cure uncertainty as to whether service on the several boards and commissions constitutes unconstitutional service; and that this act should go into effect immediately in order to settle the issue without further litigation. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 1473, § 74: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act includes technical corrects to Act 923 of 2003 which establishes the classification and compensation levels of state employees covered by the provisions of the Uniform Classification and Compensation Act; that Act 923 of 2003 will become effective on July 1, 2003; and that to avoid confusion this act must also effective on July 1, 2003. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 153: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Building Authority, the Arkansas Science and Technology Authority, the Department of Rural Services, and the Division of Land Surveys of the Arkansas Agriculture Department are inefficiently structured; that this inefficient structuring causes an excessive and unnecessary cost to the taxpayers of the this state; and that this act is essential to alleviating that financial burden. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 129: May 23, 2016. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the membership and duties of certain agencies, task forces, committees, and commissions and repeals other governmental entities; that these revisions and repeals of governmental entities impact the expenses and operations of state government; and that the provisions of this act should become effective as soon as possible to allow for implementation of the new provisions in advance of the upcoming fiscal year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 776, § 2: Jan. 1, 2018.

25-1-301. Legislative intent.

In recognition of the Supreme Court's decision in State Bd. of Workforce Educ. and Career Opportunities v. King, 336 Ark. 409, 985 S.W.2d 731 (1999), it is the intent of this subchapter to replace all legislator members of executive branch boards and commissions with appointees who are not members of the Senate or House of Representatives.

History. Acts 1999, No. 1414, § 1.

25-1-302. Members of specified executive branch boards and commissions not to be members of the General Assembly.

  1. As soon as possible after April 13, 1999, the appointing authorities shall replace members of the General Assembly serving on executive branch boards and commissions identified below with persons who are not members of the General Assembly:
    1. Arkansas Alcohol and Drug Abuse Coordinating Council, § 20-64-1002;
    2. Arkansas Alternative Dispute Resolution Commission, § 16-7-102;
    3. Capitol Arts and Grounds Commission, § 22-3-502;
    4. Arkansas Child Abuse/Rape/Domestic Violence Commission, § 20-82-201;
    5. Supervisory Board for the Arkansas Crime Information Center, § 12-12-202;
    6. Arkansas Early Childhood Commission, § 20-78-501;
    7. State Interagency Council, § 20-14-508;
    8. [Repealed.]
    9. Trauma Advisory Council, § 20-13-807;
    10. Martin Luther King, Jr. Commission, § 25-24-101;
    11. Mansion Advisory Council, § 22-3-806;
    12. Arkansas Minority Health Commission, § 20-2-102;
    13. Arkansas Natural and Cultural Resources Council, § 15-12-101;
    14. Arkansas Natural Heritage Commission, § 15-20-304;
    15. Arkansas Pygmalion Commission on Nontraditional Education, uncodified Act 1288 of 1993, as amended [abolished];
    16. Arkansas Rural Development Commission, § 15-6-104;
    17. Public School Motor Vehicle Insurance Program Advisory Committee, § 6-21-711 [repealed];
    18. Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, § 15-3-105;
    19. Arkansas Sentencing Commission, § 16-90-802;
    20. [Repealed.]
    21. State and Public School Life and Health Insurance Board, § 21-5-402;
    22. Temporary Assistance for Needy Families Oversight Board, § 20-76-105 [repealed];
    23. Arkansas Public Transportation Coordination Council, § 27-3-103;
    24. [Repealed.]
    25. Workers' Compensation Commission, § 11-9-201; and
    26. Career Education and Workforce Development Board, § 25-30-101.
  2. Hereafter, and not withstanding any law to the contrary, no member of the General Assembly shall be appointed to any executive branch board or commission identified in subsection (a) of this section. The President Pro Tempore of the Senate and the Speaker of the House of Representatives, in consultation with the Attorney General, shall make a determination concerning any other board or commission having legislative members. If the President Pro Tempore of the Senate and the Speaker of the House of Representatives determine that legislative service on the board or commission would violate the Supreme Court's decision in State Bd. of Workforce Educ. and Career Opportunities v. King, 336 Ark. 409, 985 S.W.2d 731 (1999), they shall notify the appointing authority, who shall appoint a person who is not a member of the General Assembly as a replacement for the legislative member.

History. Acts 1999, No. 1414, § 2; 2001, No. 783, §§ 4, 5; 2003, No. 1473, § 63; 2007, No. 827, § 193; 2009, No. 1484, § 9; 2015 (1st Ex. Sess.), No. 7, §§ 59, 114; 2015 (1st Ex. Sess.), No. 8, §§ 59, 114; 2016 (3rd Ex. Sess.), No. 2, § 83; 2016 (3rd Ex. Sess.), No. 3, § 83; 2017, No. 776, § 4; 2017, No. 1006, § 3; 2019, No. 392, § 1.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided:

“Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(b) All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing, are transferred to the Department of Finance and Administration, except as specified by this act.

“(c) All powers, duties, and functions, including rulemaking, regulation, and licensing, promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications are transferred to the Director of the Department of Finance and Administration.

“(d) The members of the Arkansas Building Authority Council, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the council except as specified in this act.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 62, provided:

“Transfer of the Arkansas Science and Technology Authority.

“(a)(1) The Arkansas Science and Technology Authority is transferred to the Arkansas Economic Development Commission by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the commission is the principal department under Acts 1971, No. 38.

“(b) The statutory authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing, of the authority are transferred to the commission, except as specified in this act.

“(c) The prescribed powers, duties, and functions, including rulemaking, regulation, and licensing; promulgation of rules, rates, regulations, and standards; and the rendering of findings, orders, and adjudication of the authority are transferred to the executive director of the commission, except as specified in this act.

“(d) The members of the Board of Directors of the Arkansas Science and Technology Authority, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the board except as specified in this act.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 1, provided:

“(a) The General Assembly finds:

“(1) State government provides vital functions that impact the lives of Arkansas citizens on a daily basis;

“(2) While these functions are important, it is equally important to ensure that state government operates efficiently and effectively to eliminate unnecessary spending of tax dollars and provide timely and quality services to Arkansas citizens; and

“(3) Issues such as the administrative organization of a governmental entity, the appointment structure of a governmental entity's governing board, and extraneous duties assigned to governmental entities hamper the operation of state government and result in unnecessary expenses and delays in the provision of state services.

“(b) It is the intent of this act to amend provisions of law applicable to certain agencies, task forces, committees, and commission to promote efficiency and effectiveness in the operations of state government as a whole.”

Amendments. The 2009 amendment deleted (a)(24) and redesignated the subsequent subdivisions accordingly.

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 rewrote (a)(18); and deleted “Arkansas” preceding “Building Authority Council” in (a)(20).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 repealed (a)(20).

The 2017 amendment by No. 776 repealed (a)(8).

The 2017 amendment by No. 1006 repealed (a)(24).

The 2019 amendment substituted “Attorney General” for “Attorney General's office” in the second sentence of (b).

Effective Dates. Acts 2017, No. 776, § 2: Jan. 1, 2018.

Subchapter 4 — Arkansas Financial Transparency Act

Effective Dates. Acts 2015, No. 218, § 34: Feb. 26, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the stability of the Arkansas Scholarship Lottery is critical to the success of the Arkansas Academic Challenge Scholarship Program; that changes to the operational structure of the lottery are needed to improve the creditability and function of the lottery; and that this act is immediately necessary to ensure that the transition of lottery administration is as undisruptive as possible. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

25-1-401. Title.

This subchapter shall be known and may be cited as the “Arkansas Financial Transparency Act”.

History. Acts 2011, No. 303, § 1.

25-1-402. Legislative intent.

The General Assembly finds that:

  1. Information technology has evolved to allow unprecedented levels of accessibility to financial information;
  2. Information technology allowing access to expenditure information via the Internet now exists and is available to state government; and
  3. Access to expenditures on an ongoing and regular basis will:
    1. Assist citizens and members of the General Assembly in overseeing the operation of state government in Arkansas; and
    2. Allow for a higher degree of accountability and efficiency in the workings of all branches of state government.

History. Acts 2011, No. 303, § 1.

25-1-403. Definitions.

As used in this subchapter:

    1. “Expenditure data” means information provided by a state agency regarding the spending of public funds that adequately identifies the purpose, amount, payor, and vendor, if such disclosure is permissible under the Arkansas Freedom of Information Act of 1967, § 25-19-101 et seq., and federal laws or regulations.
    2. “Expenditure data” does not include expenses of pending litigation.
    3. “Expenditure data” includes copies of contingency fee contracts under § 25-16-715;
    1. “State agency” means any agency, department, authority, board, commission, bureau, council, or other agency of the state excluding institutions of higher education.
    2. “State agency” includes without limitation.
      1. The offices of the Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer of State, Auditor of State, and Commissioner of State Lands;
      2. Legislative commissions, bureaus, and offices;
      3. Judicial offices;
      4. Constitutional offices, commissions and departments that receive a state appropriation for the expenditure of state funds, special revenues, or federal funds; and
      5. The Office of the Arkansas Lottery;
  1. “Vendor” means an entity that:
    1. Provides goods and services within its normal business operations;
    2. May provide similar goods and services to many different purchasers; and
    3. Operates in a competitive environment; and
  2. “Website” means a site on the internet:
    1. Identifiable by a specific uniform resource locator;
    2. Accessible to the public at no cost; and
    3. Requiring no information of the user.

History. Acts 2011, No. 303, § 1; 2015, No. 218, § 27; 2015, No. 851, § 3.

A.C.R.C. Notes. Acts 2015, No. 851, § 1, provided: “Title. This act shall be known as the ‘Transparency in Private Attorney Contracts Act’.”

Amendments. The 2015 amendment by No. 218 substituted “Office of the Arkansas Lottery” for “Arkansas Lottery Commission” in (2)(B)(v).

The 2015 amendment by No. 851 added (1)(C).

25-1-404. Duties of Department of Finance and Administration.

  1. The Department of Finance and Administration shall:
    1. Establish standards and criteria for each state agency to report financial expenditures;
    2. Develop and maintain a database of financial information as set forth in this subchapter; and
    3. Develop a website presenting expenditure data for each state agency that shall:
      1. Report expenditure data in a common format;
      2. Include expenditures of state government, whether held in the State Treasury or commercial bank accounts;
      3. Allow searches of financial data in common format; and
        1. Be updated on a regular basis to present expenditure data for the current fiscal year and prior year's annual expenditures, starting with the 2013 fiscal year.
        2. The website shall retain expenditure data for each state fiscal year, starting with the 2013 fiscal year, until ten (10) such years are available, after which the website shall retain at least ten (10) years of expenditure data.
  2. Revenue shall be reported at the state agency level by:
    1. The source of funding, including without limitation donations and gifts;
    2. General ledger codes as defined by rule of the department; and
    3. Year to date.
  3. A state agency shall report information on expenditures by:
    1. Budget classification;
    2. General ledger code as defined by rule of the department;
    3. Year to date; and
    4. Vendor.
  4. A state agency shall report information on compensation of state employees by:
    1. Agency;
    2. Employee name;
    3. Title;
    4. Position number; and
    5. Annual salary.
  5. A state agency shall report information on bonded indebtedness by the:
    1. Original obligation amount or principal;
    2. Original interest rate;
    3. Statutory authority for the debt;
    4. Issuance date and description, including without limitation whether the current issuance is an original issue or a reissue of indebtedness;
    5. Term of the obligation;
    6. Source of funding for repayment; and
    7. Remaining principal.
  6. Information regarding payments to city and county governments shall be provided in a manner prescribed by rule of the department.
  7. A state agency shall report information on contracts by the:
    1. Date of contract;
    2. Vendor;
    3. Estimated total contract value; and
    4. Type of contract, whether professional services, commodities, capital outlay, or other type of contract.
  8. The department may promulgate rules to implement this section, including without limitation rules concerning the reporting of additional information under this section.

History. Acts 2011, No. 303, § 1.

25-1-405. Cooperation by state agencies with Department of Finance and Administration — Report.

  1. Each state agency shall:
    1. Cooperate with the Department of Finance and Administration in meeting the requirements of this subchapter; and
    2. Take actions necessary to provide information under this subchapter.
    1. The department shall report annually to the Legislative Council the name of each state agency failing to provide information under this subchapter.
    2. A copy of the report under subdivision (b)(1) of this section shall be posted on the website required by this subchapter immediately after presentation to the Legislative Council.
  2. The Office of the Arkansas Lottery shall pay the costs of providing expenditure information for the office in the common format determined by the department.

History. Acts 2011, No. 303, § 1; 2015, No. 218, § 28.

Amendments. The 2015 amendment, in (c), substituted “Office of the Arkansas Lottery” for “Arkansas Lottery Commission” and “office” for “commission.”

Subchapter 5 — Prohibited Contracts and Investments

25-1-501. Legislative findings.

The General Assembly finds that:

  1. Boycotts and related tactics have become tools of economic warfare that threaten the sovereignty and security of key allies and trade partners of the United States;
  2. The State of Israel is the most prominent target of such boycott activity, which began with but has not been limited to the Arab League boycott adopted in 1945, even before Israel's declaration of independence as the reestablished national state of the Jewish people;
  3. Companies that refuse to deal with United States trade partners such as Israel, or entities that do business with or in such countries, make discriminatory decisions on the basis of national origin that impair those companies' commercial soundness;
  4. It is the public policy of the United States, as enshrined in several federal acts, to oppose boycotts against Israel, and the United States Congress has concluded as a matter of national trade policy that cooperation with Israel materially benefits United States companies and improves American competitiveness;
  5. Israel in particular is known for its dynamic and innovative approach in many business sectors, and therefore a company's decision to discriminate against Israel, Israeli entities, or entities that do business with or in Israel, is an unsound business practice, making the company an unduly risky contracting partner or vehicle for investment; and
  6. Arkansas seeks to act to implement the United States Congress's announced policy of “examining a company's promotion or compliance with unsanctioned boycotts, divestment from, or sanctions against Israel as part of its consideration in awarding grants and contracts and supports the divestment of state assets from companies that support or promote actions to boycott, divest from, or sanction Israel”.

History. Acts 2017, No. 710, § 1.

25-1-502. Definitions.

As used in this subchapter:

      1. “Boycott Israel” and “boycott of Israel” means engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner.
      2. “Boycott” does not include those boycotts to which 50 U.S.C. § 4607(c) applies.
    1. A company's statement that it is participating in boycotts of Israel, or that it has taken the boycott action at the request, in compliance with, or in furtherance of calls for a boycott of Israel, can be considered by the Arkansas Development Finance Authority as a type of evidence, among others, that a company is participating in a boycott of Israel;
  1. “Company” means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations;
  2. “Direct holdings” in reference to a company means all publicly traded securities of that company that are held directly by the public entity in an actively managed account or fund in which the public entity owns all shares or interests;
  3. “Indirect holdings” in reference to a company means all securities of that company that are held in an account or fund, such as a mutual fund, managed by one (1) or more persons not employed by the public entity, in which the public entity owns shares or interests together with other investors not subject to the provisions of this subchapter or that are held in an index fund;
  4. “Public entity” means the State of Arkansas, or a political subdivision of the state, including all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the state, created by or in accordance with state law or rules, and does include colleges, universities, a statewide public employee retirement system, and institutions in Arkansas as well as units of local and municipal government;
  5. “Restricted companies” means companies that boycott Israel; and
  6. “Retirement system” means a public retirement system in Arkansas.

History. Acts 2017, No. 710, § 1; 2019, No. 315, § 2909.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (5).

25-1-503. Prohibition on contracting with entities that boycott Israel.

  1. Except as provided under subsection (b) of this section, a public entity shall not:
    1. Enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the person or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel; or
    2. Engage in boycotts of Israel.
  2. This section does not apply to:
    1. A company that fails to meet the requirements under subdivision (a)(1) of this section but offers to provide the goods or services for at least twenty percent (20%) less than the lowest certifying business; or
    2. Contracts with a total potential value of less than one thousand dollars ($1,000).

History. Acts 2017, No. 710, § 1.

25-1-504. Prohibition on direct investments in companies that boycott Israel.

    1. A public entity through its asset managers shall identify all companies that boycott Israel and assemble those identified companies into a list of restricted companies to be distributed to each retirement system.
    2. For each company newly identified and added to the list of restricted companies, the public entity through its asset managers shall send a written notice informing the company of its status and that it may become subject to divestment by the public entity.
    3. If, following the engagement by the public entity through its asset managers with a restricted company, that company ceases activity that designates it as a restricted company and submits a written certification to the public entity that it shall not reengage in such activity for the duration of any investment by the public entity, the company shall be removed from the restricted companies list.
    4. The public entity shall keep and maintain the list of restricted companies and all written certifications from restricted and previously restricted companies.
    1. The public entity shall adhere to the following procedures for companies on the list of restricted companies:
      1. Each public entity shall identify the companies on the list of restricted companies of which the public entity owns direct holdings and indirect holdings;
      2. The public entity shall instruct its investment advisors to sell, redeem, divest, or withdraw all direct holdings of restricted companies from the public entity's assets under management in an orderly and fiduciarily responsible manner within three (3) months after the appearance of the company on the list of restricted companies; and
      3. Upon request from the Arkansas Development Finance Authority, each public entity shall provide the Arkansas Development Finance Authority with information regarding investments sold, redeemed, divested, or withdrawn in compliance under this section.
    2. The public entity shall not acquire securities of restricted companies as part of direct holdings.
    1. Subsection (b) of this section does not apply to the public entity's indirect holdings or private market funds.
    2. The public entity shall submit letters to the managers of those investment funds identifying restricted companies and requesting that those investment funds consider removing the investments in the restricted companies from the funds.
  1. The costs associated with the divestment activities of the public entity shall be borne by the respective public entity.
  2. With respect to actions taken in compliance with this section, including all good-faith determinations regarding companies as required under this section, any statewide retirement system and the Arkansas Development Finance Authority are exempt from any conflicting statutory or common law obligations, including any fiduciary duties and any obligations with respect to choice of asset managers, investment funds, or investments for the statewide retirement systems' portfolios.

History. Acts 2017, No. 710, § 1.

Chapter 2 Administrative Departments Generally

A.C.R.C. Notes. Acts 2015, No. 1202, §§ 1-3, provided: “SECTION 1. Legislative intent.

“(a) The General Assembly declares that this act is necessary to:

“(1) Enhance the delivery of services to the people of Arkansas in an effective and efficient manner;

“(2) Provide for administrative cost savings in the delivery of these services by combining overlapping functions and eliminating duplications of functions of state government; and

“(3) Achieve the grouping of state agencies into provisional principal departments primarily according to function in order to facilitate an increase in efficiency and reduction of administrative costs.

“(b) It is the intent of the General Assembly to provide for a study of an orderly transfer of powers, authorities, duties, and functions of the various state agencies to the provisional principal departments with a minimum of disruption of governmental services and functions and with a minimum of expense.

“(c) As used in this act, ‘principal department’ means the:

“(1) Department of Agriculture;

“(2) Department of Commerce;

“(3) Department of Interior;

“(4) Department of Health and Human Services;

“(5) Department of Corrections [Department of Correction];

“(6) Department of Education;

“(7) Department of Finance and Administration;

“(8) Department of Labor, Employment, and Workforce;

“(9) Department of Natural Resources;

“(10) Department of Homeland Security; and

“(11) Additional departments as the Governor deems necessary in order to facilitate an increase in efficiency and reduction of administrative costs.”

“SECTION 2. “(a)(1) The Governor may appoint provisional department secretaries to assist with the study.

“(2) The provisional principal department secretaries or the office of the Governor may undertake and implement an efficiency study designed to achieve the maximum possible financial savings in current budgeted administrative costs.

“(3) Each entity designated to be studied for transfer under this act shall identify and report to the provisional principal department secretaries, the office of the Governor, the House Committee on State Agencies and Governmental Affairs, and the Senate Committee on State Agencies and Governmental Affairs, the total administrative costs for the entity in real dollar amounts.

“(4) The provisional principal department secretaries or the office of the Governor may:

“(A) Utilize the results of the analysis from the efficiency study to develop a detailed plan to further reorganize their respective departments and eliminate duplication of effort and unnecessary duplication of equipment and facilities; and

“(B) If provisional principal department secretaries are appointed, complete their analyses of the reorganization of state government and prepare a final report for delivery to the Governor.

“(5) The provisional principal department secretaries' or office of the Governor's plan for reorganization may include without limitation:

“(A) Estimated costs of reorganization;

“(B) Projected savings from reorganization in real dollar amounts;

“(C) Projected improvements in service;

“(D) Anticipated effects on cost-sharing and management of federal grants;

“(E) Provisions for efficient citizen input to department decisions;

“(F) Planned mechanisms for appeals of department actions;

“(G) Methods of assuring accountability for results;

“(H) Proposed timetables for implementation;

“(I) Proposed legislation required to implement reorganization;

“(J) Required changes to the Arkansas Administrative Statewide Information System, estimated costs, and a timeline for the required changes to be accomplished;

“(K) Recommendations as to whether reorganization into the ten (10) provisional departments as proposed by this act is the most efficient structure for organization; and

“(L) Recommendations as to which powers and duties should be retained by the agencies transferred under the provisional departments.

“(6) The provisional principal department secretaries may provide progress reports outlining the status of the study to:

“(A) The Governor; and

“(B) The House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs.

“(b) The Governor, in conjunction with the provisional principal department secretaries, if any, may provide the plans for reorganization to the House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs.”

“SECTION 3. The agencies to be studied for reorganization or transfer may include without limitation the following:

“(1) The Arkansas Livestock and Poultry Commission under § 2-33-101 et seq., § 2-33-201 et seq., § 2-33-301 et seq., and § 2-33-401 et seq.;

“(2) The Department of Rural Services under § 15-6-105;

“(3) The Arkansas Rural Development Commission under § 15-6-104;

“(4) The State Plant Board under § 2-16-206;

“(5) The Division of Agriculture Development of the Arkansas Development Finance Authority under § 15-5-802;

“(6) The Arkansas Economic Development Commission under §§ 15-4-20515-4-210;

“(7) The Arkansas Economic Development Council under § 15-4-201;

“(8) The Arkansas Waterways Commission under § 15-23-201;

“(9) The State Insurance Department under § 23-61-101;

“(10) The Arkansas Science and Technology Authority under § 15-3-103;

“(11) The Board of Directors of the Arkansas Science and Technology Authority under § 15-3-104;

“(12) The State Bank Department under § 23-46-201 et seq.;

“(13) The State Banking Board under § 23-46-301;

“(14) The State Securities Department under § 23-42-201;

“(15) The Arkansas Public Service Commission under § 23-2-101;

“(16) The Arkansas Department of Aeronautics under § 27-115-101;

“(17) The Arkansas Department of Environmental Quality under § 25-14-101;

“(18) The Arkansas Pollution Control and Ecology Commission under § 8-4-104;

“(19) The Department of Correction under § 12-27-101;

“(20) The Department of Community Correction under § 12-27-125;

“(21) The Criminal Detention Facilities Review Coordinator under § 12-26-103;

“(22) The Parole Board under § 16-93-201;

“(23) The Board of Correction [Board of Corrections] under § 12-27-104;

“(24) The Department of Education under § 25-6-102;

“(25) The State Board of Education under § 6-11-101;

“(26) The Advisory Council for Education of Children with Disabilities under § 6-41-211;

“(27) The Advisory Council for Education of Gifted and Talented Children under § 6-42-104;

“(28) The Arkansas School for the Blind under § 6-43-201;

“(29) The Arkansas School for the Deaf under § 6-43-301;

“(30) The Board of Trustees for the Arkansas School for the Blind and the Arkansas School for the Deaf under § 6-43-101;

“(31) The Board of Trustees for the Arkansas School for Mathematics, Sciences, and the Arts under § 6-42-201;

“(32) The Division of Child Care and Early Childhood Education under § 20-78-205;

“(33) The Department of Higher Education under § 25-7-101;

“(34) The Arkansas Higher Education Coordinating Board under § 6-53-203;

“(35) The State Board of Career Education under § 25-30-101;

“(36) Arkansas Rehabilitation Services under § 25-30-106;

“(37) Arkansas Tech University Ozark Campus, Arkansas Northeastern College, Crowley's Ridge Technical Institute, Northwest Technical Institute, Riverside Vocational and Technical School, and National Park Community College;

“(39) The local boards of directors of Arkansas Tech University Ozark Campus, Arkansas Northeastern College, Crowley's Ridge Technical Institute, Northwest Technical Institute, Riverside Vocational and Technical School, and National Park Community College;

“(40) The Arkansas Educational Television Commission under § 6-3-101;

“(41) The Department of Finance and Administration under § 25-8-101;

“(42) The Tax Division of the Arkansas Public Service Commission under § 26-24-101(1)(A);

“(43) The State Insurance Department responsibilities of the insurance premium tax levied under §§ 26-57-603, 26-57-604, and 26-57-605 and the legal insurance premium tax levied under § 23-91-226;

“(44) The Assessment Coordination Department under § 25-28-101;

“(45) The Arkansas Building Authority under § 22-2-104;

“(46) The Arkansas Building Authority Council under § 22-2-106;

“(47) The State Technology Council under § 25-33-101;

“(48) The Department of Information Systems under § 25-4-104;

“(49) The Arkansas Racing Commission under § 23-110-201;

“(50) The Federal Surplus Property Program under § 19-11-601;

“(51) The Alcoholic Beverage Control Board of the Department of Finance and Administration under § 3-2-201;

“(52) The On-Site Sewage Disposal Program under § 14-236-101 and the Marine Sanitation Program under § 19-6-490;

“(53) The State Board of Health under § 20-7-102;

“(54) The Arkansas Minority Health Commission under § 20-2-102;

“(55) The Department of Human Services under § 25-10-101;

“(56) The State Department for Social Security Administration Disability Determination under § 20-76-301;

“(57) The Department of Veterans Affairs under § 20-81-102;

“(58) The Arkansas Veterans' Commission under § 20-81-104;

“(59) The Arkansas Veterans' Child Welfare Service Office under § 20-81-101;

“(60) The Board of Developmental Disabilities Services under § 25-10-104;

“(61) The Child Welfare Agency Review Board under § 9-28-403;

“(62) The Department of Human Services State Institutional System Board under § 25-10-402;

“(63) The Arkansas Drug Director of the Office of the Governor under § 20-64-1001;

“(64) The Arkansas Tobacco Control Board under § 26-57-255;

“(65) The Alcoholic Beverage Control Enforcement Division under § 3-2-203;

“(66) The Department of Arkansas State Police under § 12-8-101;

“(67) The Arkansas State Police Commission under § 12-8-102;

“(68) The Arkansas State Crime Information Center under § 12-12-201;

“(69) The Supervisory Board of the Arkansas Crime Information Center under § 12-12-202;

“(70) The State Crime Laboratory under § 12-12-301;

“(71) The State Crime Laboratory Board under § 12-12-302;

“(72) The Arkansas Commission on Law Enforcement Standards and Training under § 12-9-103;

“(73) The Arkansas Department of Emergency Management under § 12-75-109;

“(74) The State Military Department under Acts 1929, No. 85;

“(75) The Victim of Crime Justice Assistance Grants Division, the Law Enforcement Block Grants Division, the Violent Offender Incarceration Grants Division, and the Drug Law Enforcement Grants Division of the Department of Finance and Administration;

“(76) The Department of Parks and Tourism under § 25-13-101;

“(77) The Department of Arkansas Heritage under § 25-3-102;

“(78) The State Parks, Recreation, and Travel Commission under § 15-11-201;

“(79) The Plantation Agriculture Museum Advisory Commission;

“(80) The Prairie Grove Battlefield Commission under § 13-7-401;

“(81) The Arkansas Museum of Natural Resources Advisory Committee under § 13-5-404;

“(82) The Historic Arkansas Museum Commission under § 13-7-302;

“(83) The Delta Cultural Center Policy Advisory Board under § 13-5-704;

“(84) The Arkansas Natural Heritage Commission under § 15-20-304;

“(85) The Mosaic Templars of America Center for African-American Culture and Business Enterprise under § 13-5-902;

“(86) The Old State House Commission under § 13-7-201;

“(87) The Mississippi River Parkway Commission under § 27-69-201;

“(88) The Arkansas Entertainers Hall of Fame Board under § 13-9-101;

“(89) The Arkansas History Commission under § 13-3-101;

“(90) The Arkansas State Library under § 13-2-203;

“(91) The State Library Board under § 13-2-205;

“(92) The State Historic Preservation Officer under § 13-7-107;

“(93) The State Review Committee for Historic Preservation under § 13-7-108;

“(94) The Advisory Council of the Arkansas Arts Council under § 13-8-103;

“(95) The Keep Arkansas Beautiful Commission under § 15-11-601;

“(96) The Arkansas Natural and Cultural Resources Council under § 15-12-201;

“(97) The Martin Luther King, Jr. Commission under § 25-24-101;

“(98) The Arkansas Museum Review Panel under § 13-5-207;

“(99) The Arkansas Scenic Resources Preservation Coordinating Committee under § 15-20-707;

“(100) The Arkansas Natural and Cultural Heritage Advisory Committee under § 25-3-104;

“(101) The Arkansas Workforce Investment Board under § 15-4-2204;

“(102) The Arkansas Workforce Investment Board Executive Committee under § 15-4-2205;

“(103) The Department of Workforce Services under § 11-10-301;

“(104) The Board of Review under § 11-10-523;

“(105) The State Employment Security Advisory Council under § 11-10-305;

“(106) The Temporary Assistance for Needy Families Oversight Board under § 20-76-105(g);

“(107) The Department of Labor under § 11-2-106;

“(108) The Boiler Advisory Board under § 20-23-201;

“(109) The Board of Electrical Examiners under § 17-28-201;

“(110) The Elevator Safety Board under § 20-24-105;

“(111) The Workers' Compensation Commission under § 11-9-201;

“(112) The Arkansas Rehabilitation Services of the Department of Career Education under § 6-52-101;

“(113) The Governor's Commission on People with Disabilities under § 20-14-202;

“(114) The Arkansas Spinal Cord Commission under § 20-8-202;

“(115) The Division of State Services for the Blind of the Department of Human Services under § 25-10-102;

“(116) The Board of the Division of State Services for the Blind under § 25-10-205;

“(117) The Oil and Gas Commission under § 15-71-101;

“(118) The Director of Production and Conservation and the staff of the Oil and Gas Commission under § 15-71-105;

“(119) The Arkansas Natural Resources Commission under § 15-20-201;

“(120) The Commission on Water Well Commission under § 17-50-201;

“(121) The Arkansas Forestry Commission under § 15-31-101;

“(122) The Arkansas Geological Survey under § 15-55-201;

“(123) The Division of Engineering, the HVACR Program of the Department of Health, and the Marine Sanitation Program, under § 25-9-101;

“(124) The Federal Housing and Urban Development Community Development Block Grant program of the Arkansas Economic Development Commission;

“(125) The Department of Human Services, under § 25-10-101 et seq.;

“(126) The Department of Health, under § 25-9-101 et seq.; and

“(127) The Department of Information Systems, under § 25-4-101 et seq.”

Publisher's Notes. Acts 1971, No. 38, which is primarily codified in chapters 2-14 of this title, reorganized the structure of state government by creating or continuing certain principal administrative departments into which various agencies and programs were transferred. However, many principal departments, referred to by Acts 1971, No. 38, are originally created, or their duties defined, by statutes which are integrally related to, and codified in, other titles of the Arkansas Code. It should also be noted that Acts 1971, No. 38, as amended, is not completely comprehensive and does not refer to a number of departments which are created elsewhere in the Arkansas Code. Please consult the notes throughout chapters 2-14 for references to relevant provisions in other titles.

Acts 1971, No. 38, also created several principal departments which were later abolished. Section 4 of the act, as amended by Acts 1975, No. 278, § 1, created the Department of Local Services which was abolished by Acts 1983, No. 690. Sections 14 and 16 of the act, respectively, created the Department of Public Safety and the Department of Commerce which were abolished by Acts 1981, No. 45, and Acts 1983, No. 691, respectively.

Cross References. Damages adjudged against state officers and employees, payment by state, § 21-9-201 et seq.

Effective Dates. Acts 1971, No. 38, §§ 23, 24: reorganizations under act to be completed on or before July 1, 1971. Act effective Feb. 4, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that there is an immediate need to establish a more responsive and responsible state government sufficiently flexible to meet changing conditions and to establish executive authority in those areas where executive responsibility presently lies and to promote economies in the operation of the government by the consolidation of various departments, boards, and commissions; and that only by the immediate passage of this act may procedures be established for effectuating a more responsive, responsible, and economic state government. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 348, § 16: July 1, 1985.

25-2-101. Legislative findings and purpose — Construction.

  1. The General Assembly declares that this act is necessary:
    1. To create a structure of state government which will be responsive to the needs of the people of this state and sufficiently flexible to meet changing conditions;
    2. To establish executive authority over those areas where executive responsibility presently lies;
    3. To provide a reasonable opportunity to create budgetary and administrative efficiencies within an orderly organizational structure of state government;
    4. To strengthen the role of the General Assembly in state government;
    5. To encourage greater participation of the public in state government;
    6. To effect the grouping of state agencies into a limited number of departments primarily according to function; and
    7. To eliminate overlapping and duplication of effort.
  2. It is the intent of the General Assembly to provide for an orderly transfer of powers, duties, and functions of the various state agencies to the principal departments with a minimum of disruption of governmental services and functions and with a minimum of expense.
  3. To the ends stated in this section, this act shall be liberally construed.

History. Acts 1971, No. 38, § 1; A.S.A. 1947, § 5-901.

Publisher's Notes. Acts 1971, No. 38, § 1, provided, in part, that employees who were members of any retirement system at the time of the 1971 governmental reorganization would not lose any accrued retirement benefits as a result of the transfer of any department, commission, or agency. The employees were allowed six (6) months from the date of the transfer to elect whether to continue in the same retirement system or join the system for which the transfer made them eligible.

Meaning of “this act”. Acts 1971, No. 38, codified as §§ 6-11-101, 6-11-102, 25-2-10125-2-109, , 25-6-102, 25-7-101, 25-8-101, 25-8-105, , , 25-10-102, 25-10-106, 25-11-101, 25-11-102, , 25-13-101, .

25-2-102. Certain professional boards excepted.

Nothing in this act shall apply to state boards that license the professions of the healing arts under the following statutes:

  1. Chiropractics, § 17-81-101 et seq.;
  2. Dentistry, § 17-82-101 et seq.;
  3. Medicine and surgery, § 17-95-201 et seq.;
  4. Nursing, § 17-87-101 et seq.;
  5. Optometry, § 17-90-101 et seq.;
  6. Pharmacy, § 17-92-101 et seq.;
  7. Physical therapy, § 17-93-101 et seq.;
  8. Podiatry, § 17-96-101 et seq.;
  9. Psychology, § 17-97-201 et seq.;
  10. Massage therapy, § 17-86-101 et seq.; or
  11. Veterinary medicine, § 17-101-101 et seq.

History. Acts 1971, No. 38, § 17; A.S.A. 1947, § 5-917.

Publisher's Notes. The references to the code sections in Title 17 have been updated to reflect the 1995 realphabetization of the chapters in that title.

Meaning of “this act”. See note to § 25-2-101.

25-2-103. Effect of act on preexisting rules, regulations, etc.

This act shall not affect the orders, rules, regulations, and standards made or promulgated before February 4, 1971, by any department, institution, division, bureau, board, commission, council, or other agency, the functions, powers, and duties of which have been herein assigned or transferred to a principal department established by this act. The orders, rules, regulations, and standards shall continue with full force and effect until amended or repealed pursuant to law.

History. Acts 1971, No. 38, § 17 [17A]; A.S.A. 1947, § 5-918.

Meaning of “this act”. See note to § 25-2-101.

25-2-104. Type 1 transfers.

    1. When any department, institution, or other agency, or part thereof, is transferred to a principal department under a type 1 transfer, that department, institution, or other agency, or part thereof, shall be administered under the direction and supervision of that principal department but shall retain exactly the same prescribed statutory powers, authorities, duties, and functions as it had prior to the transfer, including:
      1. Rulemaking, regulation, licensing, and registration;
      2. The promulgation of rules, rates, and standards; and
      3. The rendering of findings, orders, and adjudications.
    2. It shall exercise those powers, authorities, duties, and functions independently of the head of the principal department.
  1. Following a type 1 transfer, the members of any statutory board or commission so transferred, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the board or commission as such statutes may from time to time be amended.
  2. Notwithstanding subsections (a) and (b) of this section, under a type 1 transfer, all budgeting, purchasing, and related management functions of any transferred department, institution, or other agency, or part thereof, shall be performed under the direction and supervision of the head of the principal department.

History. Acts 1971, No. 38, § 2; 1985, No. 348, § 8; A.S.A. 1947, § 5-902; Acts 2019, No. 315, § 2910.

Publisher's Notes. Acts 1971, No. 38, § 3, provided that any then-existing board, commission, advisory board, or other entity not enumerated in the reorganization act, but established by law within, or advisory to, a department, institution, or other agency would continue to exercise all its powers, duties, and functions under the principal department in accordance with the type of transfer under which the preexisting department, institution, or other agency was transferred.

Acts 1971, No. 38, § 18, provided that the act would not affect any civil or criminal actions or proceedings which were pending on February 4, 1971, and which involved any agency transferred to a principal department. It further provided that any order, recommendation, or other proceeding by such an agency would not be affected by the reorganization.

Amendments. The 2019 amendment deleted “regulations” following “rates” in (a)(1)(B).

Meaning of “this act”. See note to § 25-2-101.

25-2-105. Type 2 transfers.

  1. Under this act, a type 2 transfer means the transferring of all or part of an existing department, institution, or other agency to a principal department established by this act. When all or part of any department, institution, or other agency is transferred to a principal department under a type 2 transfer, its statutory authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting or purchasing, are transferred to the principal department.
  2. When any department, institution, or other agency, or part thereof, is transferred by a type 2 transfer to a principal department under the provisions of this act, its prescribed powers, duties, and functions, including rulemaking, regulation, and licensing; promulgation of rules, rates, regulations, and standards; and the rendering of findings, orders, and adjudications are transferred to the head of the principal department into which the department, institution, or other agency, or part thereof, has been transferred.
  3. Following a type 2 transfer, the members of any statutory board or commission so transferred, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to that board or commission as such statutes may from time to time be amended.

History. Acts 1971, No. 38, § 2; 1985, No. 348, § 8; A.S.A. 1947, § 5-902.

Meaning of “this act”. See note to § 25-2-101.

Case Notes

Cited: State Office of Child Support Enforcement v. Harnage, 322 Ark. 461, 910 S.W.2d 207 (1995).

25-2-106. Type 3 transfers.

  1. Under this act, a type 3 transfer means the abolishing of an existing department, institution, or other agency and the transferring of all or part of its powers, duties, and functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds to a principal department as specified under this act.
  2. When any department, institution, or other agency, or part thereof, is transferred by a type 3 transfer to a principal department under the provisions of this act, its prescribed powers, duties, and functions including rulemaking, regulation, and licensing; promulgation of rules, rates, regulations, and standards; and the rendering of findings, orders, and adjudications are transferred to the head of the principal department into which the department, institution, or other agency, or part thereof, has been transferred.

History. Acts 1971, No. 38, § 2; A.S.A. 1947, § 5-902.

Meaning of “this act”. See note to § 25-2-101.

25-2-107. Type 4 transfers.

  1. Under this act, a type 4 transfer means the transferring of all or part of an existing department, institution, or other agency to a principal department established by this act in the following circumstances:
    1. When all or part of any department, institution, or other agency is transferred to a principal department under a type 4 transfer, the board, commission, or other governing body of the transferred department, institution, or other agency is retained and shall continue to exercise its statutory authority, powers, duties, and functions;
    2. The director of the department, institution, or other agency shall be nominated by the board or commission or governing body of the transferred department, institution, or other agency subject to confirmation by the Governor. The director shall serve at the pleasure of the Governor; and
    3. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting and purchasing, are transferred to the principal department.
  2. Following a type 4 transfer, the members of any statutory board or commission so transferred and their successors shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the board or commission as such statutes may from time to time be amended.

History. Acts 1971, No. 38, § 2; 1985, No. 348, § 8; A.S.A. 1947, § 5-902; Acts 2011, No. 603, § 1.

Amendments. The 2011 amendment deleted “except that any rules, regulations, and standards issued by the board, commission, or other governing body shall be subject to written approval by the Governor” at the end of (a)(1).

Meaning of “this act”. See note to § 25-2-101.

25-2-108. Reports, certifications, etc., to transferred agency.

Unless specifically provided otherwise in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications, or requests are required or permitted to be made to a department, institution, division, bureau, board, commission, council, or other agency whose powers and duties are herein assigned or transferred by a type 2, 3, or 4 transfer, then those reports and certifications shall thereafter be filed with, and the applications or requests shall thereafter be made to, the principal department or agency to which assignment or transfer has been made.

History. Acts 1971, No. 38, § 19; A.S.A. 1947, § 5-920.

Meaning of “this act”. See note to § 25-2-101.

25-2-109. Senatorial confirmation of certain appointments.

  1. Irrespective of other provisions of this act to the contrary, if the laws in effect on the date of the passage of this act required senatorial confirmation of the appointment of any board or commission member, or of the head of any agency or department of government, or of any head of a division of an agency or department of government, and that board, commission, agency, or department is consolidated or merged with a principal department under this act, then the appointments requiring confirmation shall be made as provided in this act with respect to all agencies merged or consolidated into a principal department by a type 1, 2, 3, or 4 transfer.
  2. It is the intent of this act, with respect to all affairs of government which are under the administrative control or responsibility of any official of government whose appointment was subject to senatorial confirmation prior to the passage of this act, that the head of the successor department or the head of the division within the successor department into which the agency or program was merged shall be subject to confirmation of the Senate.

History. Acts 1971, No. 38, § 21; A.S.A. 1947, § 5-922.

Publisher's Notes. With reference to the phrase “date of the passage of this act,” Acts 1971, No. 38, § 21, was approved by the Governor and became effective on February 4, 1971.

Meaning of “this act”. See note to § 25-2-101.

Chapter 3 Division of Arkansas Heritage

A.C.R.C. Notes. Acts 2016, No. 253, § 27, provided: “NATURAL AND CULTURAL RESOURCES COUNCIL. The Director of the Department of Arkansas Heritage shall be the disbursing officer for the Natural and Cultural Resources Council appropriation and the Main Street Program appropriation provided by this Act. Further, if grants are made to state agencies from the Natural and Cultural Resources Council appropriation, and the Main Street Program appropriation provided herein, the corresponding amount of appropriation and funding of such grant may be transferred to such state agency for use in classifications of expenditures as determined by conditions of the grant and the state agency.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2017, No. 921, § 1, provided: “TEMPORARY LANGUAGE.

“(a) The Department of Arkansas Heritage shall conduct a study to determine the feasibility of establishing the Arkansas Civil War museum.

“(b) The feasibility study shall include an assessment of:

“(1) Market, including without limitation:

“(A) A study of the demand and interest in Civil War tourism in Arkansas;

“(B) The target markets for a Civil War Museum in Arkansas, considering demographic and geographic characteristics; and

“(C) Proposed locations for a Civil War Museum;

“(2) Organization and technological requirements, including without limitation:

“(A) A study of qualifications needed to manage and operate a Civil War museum;

“(B) Staffing requirements; and

“(C) Special technology, equipment, and collection needs for startup and maintenance; and

“(3) Financial analysis, including without limitation:

“(A) An assessment of startup costs and operating costs;

“(B) Potential revenue projections; and

“(C) Possible funding sources.

“(c)(1) The feasibility study shall be completed no later than July 1, 2018.

“(2) After completion of the feasibility study, the department shall furnish a feasibility report to the Legislative Council that includes its recommendation concerning the establishment of the Arkansas Civil War Museum.”

Cross References. Historic preservation, statewide program of, § 13-7-101 et seq.

Preambles. Acts 1975, No. 1001 contained a preamble which read:

“Whereas, Arkansas is a State rich in cultural resources; and

“Whereas, there now exists numerous culturally oriented agencies and programs in the various departments of this government;

“Now, therefore, the Legislature of the State of Arkansas recognizes the need for a statewide program devoted to the development of the natural and cultural heritage of the State of Arkansas, and enacts this measure for the achievement of that purpose….”

Effective Dates. Acts 1975, No. 1001, §§ 9, 10: Apr. 11, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is a need for a State-wide program devoted to the development of the cultural heritage of the State of Arkansas, and that the immediate passage of this Act is necessary in order that the reorganization contemplated by this Act may be accomplished on or before July 1, 1975. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 346, § 45: July 1, 1985. Emergency clause provided: “It is hereby found and determined by the Seventy-Fifth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1985 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1985 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1985.”

Acts 1989 (1st Ex. Sess.), No. 9, § 60: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1995, No. 531, § 70: July 1, 1995. Emergency clause provided: “ It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1999, No. 1508, § 19: Apr. 15, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that this act makes various technical corrections in the Arkansas Code; that this act further clarifies the law to provide that the Arkansas Code Revision Commission may correct errors resulting from enactments of prior sessions; and that this act should go into effect immediately in order to be applicable during the codification process of the enactments of this regular session. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 128: July 1, 2016.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

25-3-101. Legislative intent — Construction.

  1. The General Assembly declares that this act is necessary:
    1. To create a structure of state government which will be responsive to the cultural needs of the people of this state and sufficiently flexible to meet changing conditions;
    2. To provide for greater budgetary and administrative efficiencies within an orderly organizational structure of government;
    3. To encourage greater participation of the public in the cultural affairs of the state;
    4. To effect the grouping of culturally oriented state agencies and programs into one (1) department; and
    5. To eliminate overlapping and duplication of effort.
  2. It is the intent of the General Assembly to provide for an orderly transfer of powers, duties, and functions of the various state programs or agencies to the Division of Arkansas Heritage with a minimum of disruption of governmental services and functions and with a minimum of expense.
  3. To the ends stated in this section, this act shall be liberally construed.

History. Acts 1975, No. 1001, §§ 1, 2; A.S.A. 1947, §§ 5-923n, 5-926; Acts 2019, No. 910, § 5702.

Amendments. The 2019 amendment inserted “Division of Arkansas Heritage” in (b).

Meaning of “this act”. Acts 1975, No. 1001, codified as §§ 25-3-10125-3-104.

25-3-102. Creation — Director — Organization — Personnel.

  1. There is created a Division of Arkansas Heritage.
    1. The executive head of the division shall be the Director of the Division of Arkansas Heritage.
    2. The director shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor.
    3. The director shall report to the Secretary of the Department of Parks, Heritage, and Tourism.
  2. The director, with the advice and consent of the Governor and the secretary, shall appoint the heads of each of the programs and agencies of the division. All other personnel of the division shall be employed by and serve at the pleasure of the director. However, nothing in this section shall be so construed as to reduce any right which an employee of the division shall have under any civil service or merit system.
  3. Each agency or program of the division shall be under the direction, control, and supervision of the division. The director may delegate his or her functions, powers, and duties to the head of any agency or program of the division as he or she shall deem desirable and necessary for the effective and efficient operation of the division.

History. Acts 1975, No. 1001, § 4; A.S.A. 1947, § 5-923; Acts 2019, No. 910, § 5703.

Publisher's Notes. Acts 1975, No. 1001, § 4, which enacted this section, created a Department of Arkansas Natural and Cultural Heritage. Acts 1985, No. 346, § 42, renamed the department as the Department of Arkansas Heritage.

Amendments. The 2019 amendment substituted “division” for “department” throughout the section; substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (a); added the (b)(1) and (b)(2) designations; added (b)(3); substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (b)(1); and inserted “and the secretary” in the first sentence of (c).

25-3-103. [Repealed.]

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 1, provided:

“(a) The General Assembly finds:

“(1) State government provides vital functions that impact the lives of Arkansas citizens on a daily basis;

“(2) While these functions are important, it is equally important to ensure that state government operates efficiently and effectively to eliminate unnecessary spending of tax dollars and provide timely and quality services to Arkansas citizens; and

“(3) Issues such as the administrative organization of a governmental entity, the appointment structure of a governmental entity's governing board, and extraneous duties assigned to governmental entities hamper the operation of state government and result in unnecessary expenses and delays in the provision of state services.

“(b) It is the intent of this act to amend provisions of law applicable to certain agencies, task forces, committees, and commission to promote efficiency and effectiveness in the operations of state government as a whole.”

Publisher's Notes. This section, concerning transfers into the Department of Arkansas Heritage, was repealed by identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 125. The section was derived from Acts 1975, No. 1001, § 3; A.S.A. 1947, § 5-924.

25-3-104. Arkansas Natural and Cultural Heritage Advisory Committee.

  1. There is established an Arkansas Natural and Cultural Heritage Advisory Committee whose members shall consist of:
    1. The Director of the Division of Arkansas Heritage;
    2. The Director of the Arkansas Economic Development Commission;
    3. The Director of State Highways and Transportation;
    4. The Secretary of the Department of Health;
    5. The Secretary of the Department of Parks, Heritage, and Tourism;
    6. The Director of the Arkansas State Game and Fish Commission;
    7. A person appointed by the Governor;
    8. A person appointed by the President Pro Tempore of the Senate; and
    9. A person appointed by the Speaker of the House of Representatives.
    1. Except as provided in subdivision (b)(2) of this section, persons appointed to the committee by the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives shall serve terms of three (3) years.
    2. At the first meeting of the committee after the effective date of this act, members appointed to the committee by the Governor, Speaker of the House of Representatives, or President Pro Tempore of the Senate shall draw lots to stagger terms so that:
      1. One (1) member shall serve a term of one (1) year;
      2. One (1) member shall serve a term of two (2) years; and
      3. One (1) member shall serve a term of three (3) years.
  2. The committee shall elect from its membership a chair and vice-chair.
  3. A vacancy on the committee in the positions appointed by the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives shall be filled by the appointing authority for the unexpired portion of the term in which it occurs.
  4. A majority of the total membership of the committee constitutes a quorum.
  5. Members of the committee appointed by the Governor, President Pro Tempore of the Senate, and Speaker of the House of Representatives may receive expense reimbursement and stipends under § 25-16-901 et seq. as allowed by law.

History. Acts 1975, No. 1001, § 5; A.S.A. 1947, § 5-925; Acts 2011, No. 896, § 3; 2017, No. 707, § 287; 2019, No. 910, § 5704.

Amendments. The 2011 amendment rewrote the section.

The 2017 amendment substituted “The Director of State Highways and Transportation” for “The Director of the Arkansas State Highway and Transportation department” in (a)(3).

The 2019 amendment substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (a)(1); deleted “Executive” preceding “Director” in (a)(2); substituted “Secretary of the Department of Health” for “Director of the Department of Health” in (a)(4); and substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Parks and Tourism” in (a)(5).

25-3-105. Fees for publications, seminars, etc.

  1. The Division of Arkansas Heritage through the Central Administration Division or any successor division is authorized to establish and impose reasonable fees to recover costs incurred in the preparation and distribution of educational published materials and in holding workshops and seminars and costs of other services rendered.
  2. Funds derived from the fees shall be deposited in a bank account to be used to defray the initial costs of publishing additional educational publications and holding workshops and seminars.

History. Acts 1985, No. 346, § 39; A.S.A. 1947, § 5-923.2; Acts 2019, No. 910, § 5705.

Amendments. The 2019 amendment substituted “Division of Arkansas Heritage through the Central Administration Division” for “Department of Arkansas Heritage through its Central Administration Division” in (a).

25-3-106. Publication Development and Resale Revolving Fund.

  1. There is established a fund to be known as the “Publication Development and Resale Revolving Fund” for the Division of Arkansas Heritage. This fund shall be located in the Central Administration Division of the Division of Arkansas Heritage and shall be managed by the Central Administration Division for the benefit of the various agencies located within the Division of Arkansas Heritage. This fund shall be a revolving fund.
  2. Income derived from the sale of publications shall be deposited in the fund to be used to develop and purchase additional publications for resale.
  3. Any funds remaining in the account from which the fund derives its support at the end of each fiscal year shall carry forward and be made available for the use prescribed in this section during the succeeding fiscal year.

History. Acts 1985, No. 346, § 41; A.S.A. 1947, § 5-923.4; Acts 2019, No. 910, § 5706.

Amendments. The 2019 amendment, in (a), substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in the first sentence, and, in the second sentence, substituted the first occurrence of “Division of Arkansas Heritage” for “Department of Arkansas Heritage”, substituted the second occurrence of “Central Administration Division” for “division”, and substituted the second occurrence of “Division of Arkansas Heritage” for “department”.

Cross References. Publication Development and Resale Revolving Fund, § 19-5-1001.

25-3-107. [Repealed.]

Publisher's Notes. This section, concerning restriction on printing expenditures, was repealed by Acts 2013, No. 1276, § 2 The section was derived from Acts 1989 (1st Ex. Sess.), No. 9, § 52.

25-3-108. Heritage foundation.

  1. In addition to any other rights, powers, functions, and duties granted by law to the Division of Arkansas Heritage, the division is hereby authorized to promote and cooperate in the establishment of a heritage foundation under the Arkansas nonprofit corporation law, to share resources and facilities with the foundation, and to accept support and assistance in the form of money, property, or otherwise from the foundation to be used to preserve and promote the heritage of the state.
  2. If a heritage foundation is established and the division shares resources or facilities with the foundation or accepts support and assistance from the foundation, the foundation shall annually file a report with the Governor, the Legislative Council, and the Legislative Joint Auditing Committee showing the amount and source of all gifts, grants, and donations of money or property received by the foundation and all expenditures or other dispositions of money or property by the foundation during the preceding year.
  3. On or before July 1 of each fiscal year, the Director of the Division of Arkansas Heritage shall submit a plan to the Legislative Council reflecting the proposed uses of private funds for the ensuing fiscal year for its review and comment. No person over whom the division has day-to-day managerial control shall receive compensation or remuneration from funds not in the State Treasury.

History. Acts 1989 (1st Ex. Sess.) No. 9, §§ 49-51; 2019, No. 910, § 5707.

A.C.R.C. Notes. Former § 25-3-108, concerning the establishment and operation of a heritage foundation, is deemed to be superseded by this section. The former section was derived from Acts 1987, No. 547, §§ 45-47.

Amendments. The 2019 amendment substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (a) and (c); and substituted “division” for “department” throughout the section.

Cross References. Arkansas Nonprofit Corporation Act, § 4-28-201 et seq.

Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq.

25-3-109. [Repealed.]

Publisher's Notes. This section, concerning compensation for extra help, was repealed by Acts 1999, No. 1508, § 13. The section was derived from Acts 1995, No. 531, § 61.

Chapter 4 Division of Information Systems

Effective Dates. Acts 1977, No. 884, § 26: July 1, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-First General Assembly that the establishment of a Department of Computer Services within the Executive Department of Government is necessary to ensure the most efficient use of data processing and telecommunications systems within State government. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1977.”

Acts 1979, No. 796, § 9: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1979 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1979, would work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1979.”

Acts 1979, No. 820, § 4: Apr. 10, 1979. Emergency clause provided: “It has been found by the General Assembly that coordination of acquisitions of data processing equipment or services by public colleges or universities is important to the effective expenditure of public funds. Therefore, an emergency is declared to exist, and this Act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1979, No. 951, § 1: Apr. 17, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly that clarification of the purposes for which the Reserve for Equipment may be used and establishment of the Computer Services Reserve Fund are necessary for efficient use and administration of such accumulated funds. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1985, No. 463, § 4: Mar. 21, 1985. Emergency clause provided: “It is hereby found by the General Assembly that coordination of acquisitions of data processing equipment or services by public colleges or universities and post-secondary vocational-technical schools is important to the effective expenditure of public funds. Therefore, an emergency is declared to exist, and this Act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1997, No. 914, § 35: July 1, 1997. Emergency clause provided: “It is found and determined by the Eighty-First General Assembly that continuing advances in the field of communications and information technology make it necessary to establish a Department of Information Systems within the Executive Department of Government to better coordinate and utilize such technology; and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1997, could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1997.”

Acts 2001, No. 1722, § 19: Apr. 17, 2001. Emergency clause provided: “It is hereby found and determined by the General Assembly that this Act 1042 of 2001 was enacted with an emergency clause; that this act makes changes to current law that are necessitated by Act 1042 of 2001; and that this law should become effective as soon as possible in order to complement and implement Act 1042 of 2001. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 1627, § 15: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2003 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2003 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2003.”

Acts 2007, No. 751, § 38: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act dissolves and transfers the duties of the Executive Chief Information Officer, Chief Information Officer, and Office of Information Technology; and that dissolving the offices at the beginning of the state's fiscal year will result in a more efficient transfer of responsibilities and funds. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Acts 2009, No. 1405, § 57: Apr. 9, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the people of the State of Arkansas overwhelmingly approved the establishment of lotteries at the 2008 General Election; that the Eighty-seventh General Assembly adopted Acts 605 and 606 of 2009 that implemented lotteries and made corresponding revisions to the Arkansas Academic Challenge Scholarship Program; that this bill amends provisions of Acts 605 and 606 of 2009 pertaining to lotteries and the Arkansas Academic Challenge Scholarship Program; and that the failure to immediately implement this act will cause a reduction in lottery proceeds that will harm the educational and economic success of potential students eligible to receive scholarships under the act. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 218, § 34: Feb. 26, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the stability of the Arkansas Scholarship Lottery is critical to the success of the Arkansas Academic Challenge Scholarship Program; that changes to the operational structure of the lottery are needed to improve the creditability and function of the lottery; and that this act is immediately necessary to ensure that the transition of lottery administration is as undisruptive as possible. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

25-4-101. Title.

This chapter shall be known and cited as the “Arkansas Information Systems Act of 1997”.

History. Acts 1977, No. 884, § 1; A.S.A. 1947, § 5-1401; Acts 1997, No. 914, § 1.

25-4-102. Legislative findings and declaration of intent.

  1. The General Assembly finds and declares information and information resources to be strategic assets of the State of Arkansas and that procedures must be established to ensure that:
    1. Information resources are used in an efficient manner;
    2. Resources of the Division of Information Systems are used unless an exception is authorized;
    3. Information is administered and shared, consistent with requirements for security, privacy, and confidentiality;
    4. Information technology acquisitions meet state needs and are consistent with coordinated efforts to maximize standardization and cost effectiveness;
    5. State officials have timely access to information in useful forms; and
    6. The division complies with applicable state and federal statutory and regulatory provisions.
  2. The General Assembly further declares its intent to create a state agency division to:
    1. Provide design and management services for the state's core information technology infrastructures;
    2. Provide information technology services;
    3. Implement appropriate technologies to exchange and share information; and
    4. Develop technical standards and specifications and provide technical leadership and guidance to support the state's enterprise architecture.
  3. It is also the intent of the General Assembly that the division achieve certain objectives that will better support information technology utilization by other state agencies. These objectives are to:
    1. Implement increased capabilities for communication and exchange of information; and
    2. Develop and publish mechanisms for more timely acquisition of information technology.
    1. The General Assembly further finds and determines that:
      1. Information technology services are readily available in the private sector;
      2. The public interest would be well served by competition for the provision of such services to the state;
      3. Public-private partnerships or joint ventures for the provision of such services may be appropriate in certain instances; and
      4. Emphasis will be given to encouraging and enabling competition among:
        1. Suppliers of such services whenever possible in the administration of this chapter; and
        2. Women-owned and minority-owned suppliers of such services whenever possible in the administration of this chapter.
    2. The division shall consider in the development of the division plan and the Joint Committee on Advanced Communications and Information Technology shall emphasize in its recommendations and policies the availability in the private sector of information technology resources upon a competitive bid basis with a view to assuring the state of the highest reasonable quality of resources at the lowest reasonable cost.
    1. In exercising its authority under § 25-4-105, the division shall competitively procure information technology except as provided in this subsection.
    2. The division is not authorized by § 25-4-105 to provide information technology services, including telecommunications and broadband services, to the general public, other than nongovernmental first responder entities, in competition with private sector telecommunications and cable communications providers.
    3. Customers of the division are not authorized to use information technology facilities and services provided by the division to provide telecommunications and broadband services to the general public in competition with private sector telecommunications and cable communications providers.

History. Acts 1977, No. 884, § 24; A.S.A. 1947, § 5-1417; Acts 1997, No. 914, § 2; 2001, No. 1722, § 1; 2005, No. 1999, § 1; 2007, No. 751, § 10; 2009, No. 648, § 1; 2019, No. 910, §§ 6255-6260.

Amendments. The 2009 amendment deleted “subject to the written approval of the Chief Fiscal Officer of the State” following “architecture” in (b)(4).

The 2019 amendment substituted “Resources of the Division of Information Systems” for “Departmental resources” in (a)(2); substituted “Division of Information Systems” for “Department of Information Systems” in (a)(6); inserted “division” in the introductory language of (b); and substituted “division” for “department” in the introductory language of (c), twice in (d)(2), and throughout (e).

25-4-103. Definitions.

As used in this chapter:

  1. “Application” means a separately identifiable and interrelated set of information technology resources that allows information processing to support specifically defined objectives;
  2. “Chief Technology Officer” means the Director of the Division of Information Systems;
  3. “Core information technology infrastructure” means the state data, state network and application interfaces, state security, and disaster recovery;
  4. “Customer” means a state agency, other governmental entity, or nongovernmental first responder entity that purchases or uses services under this chapter;
  5. “Equipment” means the machines, devices, and transmission facilities used in information processing, including computers, word processors, terminals, telephones, cables, software, and related services;
  6. “Information processing” means the electronic capture, collection, storage, manipulation, transmission, retrieval, and presentation of information in the form of data, text, voice, or image and includes telecommunications and office automation functions;
  7. “Information technology” means any component related to information processing and wired and wireless telecommunications, including data processing and telecommunications hardware, software, services, planning, personnel, facilities, and training;
  8. “Information technology resources” means the procedures, equipment, and software that are designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and the associated personnel, including consultants and contractors;
  9. “Network infrastructure” means the shared portions of the state's telecommunications transmission facilities, including all transmission lines and all associated equipment and software components necessary for the management and control of the state network;
  10. “Nongovernmental first responder entity” means state and law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and other emergencies;
  11. “Other governmental entities” means state-elected constitutional officers and their staffs, the Supreme Court and the Administrative Office of the Courts, the General Assembly or its committees or staffs, the Arkansas Department of Transportation, the Arkansas State Game and Fish Commission, the federal government, cities, counties, municipalities, public school districts, and other publicly funded governmental entities;
  12. “Project” means a program to apply information technology resources to functions within or among elements of a state agency that ideally is characterized by well-defined parameters, specific objectives, common benefits, planned activities, a scheduled completion date, and an established budget with a specified source of funding;
  13. “Project management” means principles, practices, and techniques applied to lead projects and teams and the control of project schedules, costs, and performance risks with the goal of satisfying customers' requirements;
  14. “Public instrumentality” means any statutorily created entity charged with the responsibility of providing information or services through the use of information technology;
  15. “State agencies” means all state departments, boards, and commissions but shall not include the Office of the Arkansas Lottery, the elected constitutional officers and their staffs, the General Assembly and its committees and staffs, or the Supreme Court and the Administrative Office of the Courts, and public institutions of higher education with respect to academic, research, health care, and existing information technology applications and underlying support therefor;
  16. “State enterprise architecture” means a description of the elements of business processes and supporting technologies, policies, standards, procedures, solutions, and infrastructures that:
    1. Makes up an enterprise; and
    2. Documents how the components described in this subdivision (16) relate to one another, and the principles that govern their design and evolution over time;
  17. “Telecommunications” means all forms of communications devices and transport media for the conveyance by electronic or electrical means of voice, words, data, signals, or images; and
  18. “Working group” means a group of subject matter experts convened for the purpose of collaborating and devising strategies.

History. Acts 1977, No. 884, § 2; A.S.A. 1947, § 5-1402; Acts 1997, No. 914, § 3; 2001, No. 1722, § 2; 2005, No. 1999, § 2; 2007, No. 751, § 11; 2009, No. 648, § 2; 2009, No. 1405, § 51; 2015, No. 218, § 29; 2017, No. 707, § 288; 2019, No. 910, § 6261.

Amendments. The 2009 amendment by No. 648 deleted (5), and redesignated the subsequent subdivisions accordingly; inserted “and other publicly funded governmental entities” in (12); rewrote (16); and made related changes.

The 2009 amendment by No. 1405 inserted “the Arkansas Lottery Commission” in (15).

The 2015 amendment substituted “Office of the Arkansas Lottery” for “Arkansas Lottery Commission” in (15).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (11).

The 2019 amendment substituted “Director of the Division of Information Systems” for “Director of the Department of Information Systems” in (2).

25-4-104. Division of Information Systems.

  1. There is established within the Department of Transformation and Shared Services the Division of Information Systems.
    1. The Division of Information Systems shall be headed by a director to be appointed by the Governor, subject to confirmation by the Senate in the manner provided by law, and shall serve at the pleasure of the Governor.
    2. The Director of the Division of Information Systems shall be a person who, by education and training, has technical knowledge and management experience in information technology-related equipment, systems, and services.
    3. The Director of the Division of Information Systems shall qualify by filing the oath of office required in the Arkansas Constitution with the Secretary of State.
  2. The Director of the Division of Information Systems, in consultation with the Secretary of the Department of Transformation and Shared Services, may establish divisions and the organizational structure deemed necessary and appropriate for the efficient performance of the duties imposed under the provisions of this chapter, provided the organizational structure of the division shall conform to the positions authorized and limitations provided therefor in the biennial appropriation of the division.
  3. The Director of the Division of Information Systems, in consultation with the Secretary of the Department of Transformation and Shared Services, shall appoint the deputy and division directors and the professional, technical, and clerical assistants and employees as necessary to perform the duties imposed by this chapter. All employees of the division shall be employed by the department and serve at the pleasure of the Secretary of the Department of Transformation and Shared Services.
  4. The director shall report to the Secretary of the Department of Transformation and Shared Services any matters relating to abuses of this chapter.
  5. The Director of the Division of Information Systems shall recommend statutory changes to the Secretary of the Department of Transformation and Shared Services.

History. Acts 1977, No. 884, § 3; A.S.A. 1947, § 5-1403; Acts 1997, No. 914, § 4; 2001, No. 1722, § 3; 2007, No. 751, § 12; 2019, No. 910, § 6262.

Amendments. The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in the section heading; rewrote (a); substituted “division” for “department” in (b)(1); substituted “Director of the Division of Information Systems” for “director” in (b)(2); in (c), inserted “in consultation with the Secretary of the Department of Transformation and Shared Services” and substituted “division” for “department” twice; in (d), inserted “in consultation with the secretary” in the first sentence and, in the second sentence, substituted the first instance of “division” for “department”, inserted “the department”, and substituted “secretary” for “director”; and substituted “secretary” for “Governor” in (e) and (f).

25-4-105. Division of Information Systems — General powers and duties.

    1. The Division of Information Systems shall be vested with all the powers and duties necessary to administer the division and to enable it to carry out fully and effectively the rules and laws relating to the division.
    2. The division's powers and duties relate to information technology and include without limitation:
      1. Conceptualizing, designing, developing, building, and maintaining common information technology infrastructure elements used by state agencies and governmental entities;
      2. Providing information technology services to state agencies, other governmental entities, nongovernmental first responder entities, and other quasi-governmental entities;
      3. Entering into contracts with state agencies, other governmental entities, and nongovernmental first responder entities for the purpose of providing information technology services;
        1. Establishing fair and reasonable schedules of rates or fees to be paid by customers that are provided service to enable the division to recover all allowable costs of providing the services as provided in this chapter.
        2. The same rate or fee structure will apply to all customers receiving services;
        1. Establishing estimated billing rates to be developed for a period to coincide with the budgeting process.
        2. The division shall have the authority to adjust billing as necessary to effect compliance with applicable state and federal statutory and regulatory provisions.
        3. Billing adjustments shall be subject to the approval of the Chief Fiscal Officer of the State and review by the Legislative Council;
      4. Acquiring information technology on behalf of state agencies, the cost of which shall be recovered through customer billings or through direct funding;
      5. Promulgating rules that are necessary for efficient administration and enforcement of the powers, functions, and duties of the division as provided in this chapter;
      6. Developing a division plan to support the goals and objectives set forth for it in the state information technology plans and strategies;
      7. Implementing systems to ensure the security of state data and state data processing assets, to provide for disaster recovery and continuity of operations to the state agencies served, and to recover its costs from the customers benefited;
      8. Performing any additional powers, functions, and duties that are necessary and appropriate for the proper administration of the provisions of this chapter;
      9. Providing a State Cyber Security Office to monitor information resource security issues, coordinating all security measures that could be used to protect resources by more than one (1) governmental entity, and acting as an information technology resource to other state agencies;
      10. Assisting in the development of an information technology security policy for state agencies;
      11. Developing the information technology security policy for state agencies;
      12. Advising agencies in acquiring information technology service;
      13. Developing the information technology policies, standards, and specifications for state agencies and ensuring agencies' compliance with those policies, procedures, and standards;
      14. Participating in the development of information technology state contracts, including without limitation the identification of requirements, contract negotiation, and vendor evaluation;
      15. With respect to their technology functions and applications, all state departments, boards, commissions, and public institutions of higher education, consulting and cooperating with the division in the formation and implementation of security policies for the state core information technology infrastructure;
      16. Developing a state information technology plan that shall establish a state-level mission, goals, and objectives for the use of information technology;
      17. Identifying and establishing information technology solutions that can support more than one (1) agency in providing governmental services;
      18. Advising agencies regarding information technology contracts and agreements;
      19. Developing policies to promote and facilitate electronic access to government information and interoperability of information systems; and
      20. Reviewing and approving agencies' information technology plans and requests.
  1. This chapter shall not be construed to deprive, transfer, limit, or in any way alter or change any of the powers vested in the board of trustees of any institution of higher education under existing constitutional and statutory provisions.

History. Acts 1977, No. 884, § 5; A.S.A. 1947, § 5-1405; Acts 1997, No. 914, § 5; 2001, No. 1722, § 4; 2005, No. 1999, § 3; 2007, No. 751, § 13; 2009, No. 648, § 3; 2019, No. 315, § 2911; 2019, No. 910, §§ 6263-6267.

A.C.R.C. Notes. Acts 2013, No. 1201, § 11, provided: “GIFTS, GRANTS AND DONATIONS. The Director may accept on behalf of the Department of Information Systems, from any source, the donation of gifts, grants, cash, bequeaths, devices, donations, real or personal property and equipment for the establishment, maintenance, operations, or improvement of broadband services, enhancements and grants.”

Acts 2013, No. 1443, § 75, provided: “INNOVATION AND PROJECT DEVELOPMENT FUND TRANSFERS. The Department of Information Systems is a cost recovery agency subject to the requirements of the United States Office of Management and Budget Circular A-87 Cost Principles for State, Local and Indian Tribal Government (A-87) and Cost Principles for Developing Cost Allocation Plans and Indirect Cost Rates for Agreements with the Federal Government Implementation Guide for the Office of Management and Budget Circular A-87 (ASMBC-10). To comply with these federal rules, it is necessary to establish an Innovation and Project Development appropriation and general revenue fund account within the Department of Finance and Administration Disbursing Officer for the Department of Information Systems. This fund shall be used for state enterprise innovation projects that would enhance the technology operations of the State that cannot be cost allocated to federal programs. The Department of Information Systems will maintain documentation for projects billed for these purposes. Fund transfers may be made from the General Revenue Fund Account, upon the approval of the Chief Fiscal Officer of the State and prior review of the Arkansas Legislative Council or Joint Budget Committee, to reimburse the Department of Information Systems for the amounts billed.”

Acts 2014, No. 217, § 11, provided: “GIFTS, GRANTS AND DONATIONS. The Director may accept on behalf of the Department of Information Systems, from any source, the donation of gifts, grants, cash, bequeaths, devices, donations, real or personal property and equipment for the establishment, maintenance, operations, or improvement of broadband services, enhancements and grants.”

Acts 2014, No. 285, § 78, provided: “INNOVATION AND PROJECT DEVELOPMENT FUND TRANSFERS. The Department of Information Systems is a cost recovery agency subject to the requirements of the United States Office of Management and Budget Circular A-87 Cost Principles for State, Local and Indian Tribal Government (A-87) and Cost Principles for Developing Cost Allocation Plans and Indirect Cost Rates for Agreements with the Federal Government Implementation Guide for the Office of Management and Budget Circular A-87 (ASMBC-10). To comply with these federal rules, it is necessary to establish an Innovation and Project Development appropriation and general revenue fund account within the Department of Finance and Administration Disbursing Officer for the Department of Information Systems. This fund shall be used for state enterprise innovation projects that would enhance the technology operations of the State that cannot be cost allocated to federal programs. The Department of Information Systems will maintain documentation for projects billed for these purposes. Fund transfers may be made from the General Revenue Fund Account, upon the approval of the Chief Fiscal Officer of the State and prior review of the Arkansas Legislative Council or Joint Budget Committee, to reimburse the Department of Information Systems for the amounts billed.”

Acts 2015, No. 715, § 10, provided: “COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.

“1. In order to effect compliance with the requirements of state and federal statutory and regulatory provisions, the Director shall adjust billing rates or issue billing adjustments to be federally compliant, notwithstanding the provisions of ACA § 25-4-105 and § 25-4-119 or funds sufficient to effect compliance shall be provided the Department from General Revenues, Special Revenues or such other fund sources as may become available. These actions shall be subject to the approval of the Chief Fiscal Officer of the State and approval by the Arkansas Legislative Council.

“2. The Director shall have authority to transfer funds between the Information Technology Reserve Fund established by ACA § 25-4-123 and the Department of Information Systems Revolving Fund established by ACA § 25-4-121 for cash management purposes.

“Determining the maximum number of employees and the maximum amount of appropriation and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization law. Further, the General Assembly has determined that the Department of Information Systems may operate more efficiently if some flexibility is provided to the Department of Information Systems authorizing broad powers under this Section. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2015, No. 715, § 11, provided: “GIFTS, GRANTS AND DONATIONS.

The Director may accept on behalf of the Department of Information Systems, from any source, funds including but not limited to special or general revenue, gifts, grants, cash, bequeaths, devices, donations, real or personal property and equipment.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2015, No. 1070, § 76, provided:

“INNOVATION AND PROJECT DEVELOPMENT FUND TRANSFERS. The Department of Information Systems is a cost recovery agency subject to the requirements of the United States Office of Management and Budget Circular A-87 Cost Principles for State, Local and Indian Tribal Government (A-87) and Cost Principles for Developing Cost Allocation Plans and Indirect Cost Rates for Agreements with the Federal Government Implementation Guide for the Office of Management and Budget Circular A-87 (ASMBC-10). To comply with these federal rules, it is necessary to establish an Innovation and Project Development appropriation and general revenue fund account within the Department of Finance and Administration Disbursing Officer for the Department of Information Systems. This fund shall be used for state enterprise innovation projects that would enhance the technology operations of the State that cannot be cost allocated to federal programs. The Department of Information Systems will maintain documentation for projects billed for these purposes. Fund transfers may be made from the General Revenue Fund Account, upon the approval of the Chief Fiscal Officer of the State and prior review of the Arkansas Legislative Council or Joint Budget Committee, to reimburse the Department of Information Systems for the amounts billed.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 247, § 10, provided: “COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.

“1. In order to effect compliance with the requirements of state and federal statutory and regulatory provisions, the Director shall adjust billing rates or issue billing adjustments to be federally compliant, notwithstanding the provisions of ACA § 25-4-105 and § 25-4-119 or funds sufficient to effect compliance shall be provided the Department from General Revenues, Special Revenues or such other fund sources as may become available. These actions shall be subject to the approval of the Chief Fiscal Officer of the State and approval by the Arkansas Legislative Council.

“2. The Director shall have authority to transfer funds between the Information Technology Reserve Fund established by ACA § 25-4-123 and the Department of Information Systems Revolving Fund established by ACA § 25-4-121 for cash management purposes.

“Determining the maximum number of employees and the maximum amount of appropriation and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization law. Further, the General Assembly has determined that the Department of Information Systems may operate more efficiently if some flexibility is provided to the Department of Information Systems authorizing broad powers under this Section. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2016, No. 247, § 11, provided: “GIFTS, GRANTS AND DONATIONS. The Director may accept on behalf of the Department of Information Systems, from any source, funds including but not limited to special or general revenue, gifts, grants, cash, bequeaths, devices, donations, real or personal property and equipment.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2016, No. 251, § 76, provided: “INNOVATION AND PROJECT DEVELOPMENT FUND TRANSFERS. The Department of Information Systems is a cost recovery agency subject to the requirements of the United States Office of Management and Budget Circular A-87 Cost Principles for State, Local and Indian Tribal Government (A-87) and Cost Principles for Developing Cost Allocation Plans and Indirect Cost Rates for Agreements with the Federal Government Implementation Guide for the Office of Management and Budget Circular A-87 (ASMBC-10). To comply with these federal rules, it is necessary to establish an Innovation and Project Development appropriation and general revenue fund account within the Department of Finance and Administration Disbursing Officer for the Department of Information Systems. This fund shall be used for state enterprise innovation projects that would enhance the technology operations of the State that cannot be cost allocated to federal programs. The Department of Information Systems will maintain documentation for projects billed for these purposes. Fund transfers may be made from the General Revenue Fund Account, upon the approval of the Chief Fiscal Officer of the State and prior review of the Arkansas Legislative Council or Joint Budget Committee, to reimburse the Department of Information Systems for the amounts billed.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2017, No. 900, § 9, provided: “COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.

“1. In order to effect compliance with the requirements of state and federal statutory and regulatory provisions, the Director shall adjust billing rates or issue billing adjustments to be federally compliant, notwithstanding the provisions of ACA § 25-4-105 and § 25-4-119 or funds sufficient to effect compliance shall be provided the Department from General Revenues, Special Revenues or such other fund sources as may become available. These actions shall be subject to the approval of the Chief Fiscal Officer of the State and approval by the Arkansas Legislative Council or Joint Budget Committee.

“2. The Director shall have authority to transfer funds between the Information Technology Reserve Fund established by ACA § 25-4-123 and the Department of Information Systems Revolving Fund established by ACA § 25-4-121 for cash management purposes.

“Determining the maximum number of employees and the maximum amount of appropriation and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization law. Further, the General Assembly has determined that the Department of Information Systems may operate more efficiently if some flexibility is provided to the Department of Information Systems authorizing broad powers under this Section. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2017 through June 30, 2018.”

Acts 2017, No. 900, § 10, provided: “GIFTS, GRANTS AND DONATIONS. (i) The Director may accept on behalf of the Department of Information Systems, from any source, funds including but not limited to special or general revenue, gifts, grants, cash, bequeaths, devices, donations, real or personal property and equipment. (ii) The Department shall quarterly file with the Arkansas Legislative Council or Joint Budget Committee a report summarizing all funds, gifts, grants, cash, bequeaths, devices, donations, real or personal property and equipment received. (iii) The provisions of this section shall be in effect only from July 1, 2017 through June 30, 2018.”

Amendments. The 2009 amendment subdivided the introductory language of (a); inserted “and other quasi-governmental entities” in (a)(2)(B); deleted “two-year” preceding “period” in (a)(2)(B)(i); deleted “and regulations” following “rules” in (a)(2)(G); substituted “Providing a State Cyber Security Office to monitor” for “Monitoring” in (a)(2)(K); rewrote (a)(2)(O); deleted “as requested by a state agency” following “contracts” in (a)(2)(P); substituted “Developing” for “Assisting in the development of” in (a)(2)(R); inserted (a)(2)(S) through (a)(2)(V); and made related and minor stylistic changes.

The 2019 amendment by No. 315 substituted “rules” for “regulations” in (a)(1).

The 2019 amendment by No. 910, in (a)(1), substituted “Division of Information Systems” for “Department of Information Systems” and “division” for “department” twice; substituted “division’s” for “department’s” in the introductory language in (a)(2); substituted “division” for “department” in (a)(2)(E)(ii) and (a)(2)(G); substituted “division plan” for “departmental plan” in (a)(2)(H); and substituted “Division of Information Systems” for “Department of Information Systems” in (a)(2)(Q).

25-4-106. Reporting requirements.

    1. The Director of the Division of Information Systems will report periodically to the Joint Committee on Advanced Communications and Information Technology regarding the status of the Division of Information Systems' information technology responsibilities in state government.
    2. The director may report any factors that are outside the scope of the division but are deemed to inhibit or to promote the division's responsibilities.
    1. By October 31, January 31, April 30, and July 31 of each fiscal year, the director shall compile and submit a report to the:
      1. Legislative Council, if submitted between regular sessions of the General Assembly;
      2. Joint Budget Committee, if submitted during a session of the General Assembly; and
      3. Joint Committee on Advanced Communications and Information Technology.
    2. The report shall:
      1. Detail all requests from state agencies, boards, and commissions for advice regarding information technology planning, implementation, installation, rates or fees, utilization of products, services, and integrations or upgrades to be added to all existing technology plans; and
      2. Provide a full report of all corresponding recommendations made by the division to the requesting state agencies, boards, and commissions.
    3. The report shall include:
      1. The name of the state agency, board, or commission requesting the advice;
      2. The name and scope of the project for which advice is being sought;
      3. The type of advice sought, for example, technical, product or service utilization, planning, implementation, installation, integration, or upgrades;
      4. A detailed explanation of all recommendations provided by the department;
      5. How the recommendation fits into the information technology plan of the agency, board, or commission;
      6. How the recommendation fits into the state's information technology plan and state enterprise architecture; and
      7. Other information as may be useful for policy making decisions by the Legislative Council or the Joint Committee on Advanced Communications and Information Technology.

History. Acts 1977, No. 884, § 6; A.S.A. 1947, § 5-1406; Acts 1997, No. 914, § 6; 2001, No. 1722, § 5; 2003, No. 1627, § 12; 2007, No. 751, § 14; 2009, No. 648, § 4; 2019, No. 910, §§ 6268, 6269.

A.C.R.C. Notes. Acts 2001, No. 1042, § 8, provided:

“The current Department of Information Systems Steering Committee and the Department of Information Systems Advisory Board are hereby abolished.”

Acts 2014, No. 217, § 9, provided: “REPORTING REQUIREMENTS.

“(a)(1) The Director of the Department of Information Systems will report periodically to the Joint Committee on Advanced Communications and Information Technology and the Executive Chief Information Officer regarding the status of the Department of Information Systems' information technology responsibilities in state government.

“(2) The director will forward to the joint committee any statutory changes that the department may recommend sufficiently in advance of the convening of the session of the General Assembly.

“(3) The director may report any factors that are outside the scope of the department but are deemed to inhibit or to promote the department's responsibilities.

“(b)(1) By October 31, January 31, April 30, and July 31 of each fiscal year, the Director of the Department Information Systems shall compile and submit a report to:

“(A) The Arkansas Legislative Council, if submitted between regular sessions of the General Assembly;

“(B) The Joint Budget Committee, if submitted during a session of the General Assembly; and

“(C) The Joint Committee on Advanced Communications and Information Technology.

“(2) The report shall:

“(A) Detail all requests from state agencies, boards, and commissions for advice regarding information technology planning, implementation, installation, rates or fees, utilization of products, services, and integrations or upgrades to be added to all existing technology plans; and

“(B) Provide a full report of all corresponding recommendations made by the Department of Information Systems to the requesting state agencies, boards, and commissions.

“(3) The report shall include:

“(A) The name of the state agency, board, or commission requesting the advice;

“(B) The name and scope of the project for which advice is being sought;

“(C) The type of advice sought, for example: technical, product or service utilization, planning, implementation, installation, integration, or upgrades;

“(D) A detailed explanation of all recommendations provided by the Department of Information Systems;

“(E) How the recommendation fits into the information technology plan of the agency, board, or commission;

“(F) How the recommendation fits into the state's information technology plan and shared technical architecture; and

“(G) Other information as may be useful for policy making decisions by the Legislative Council or Joint Committee on Advanced Communications and Information Technology.”

Acts 2015, No. 715, § 9, provided: “REPORTING REQUIREMENTS.

“(a)(1) The Director of the Department of Information Systems will report periodically to the Joint Committee on Advanced Communications and Information Technology and the Executive Chief Information Officer regarding the status of the Department of Information Systems' information technology responsibilities in state government.

“(2) The director will forward to the joint committee any statutory changes that the department may recommend sufficiently in advance of the convening of the session of the General Assembly.

“(3) The director may report any factors that are outside the scope of the department but are deemed to inhibit or to promote the department's responsibilities.

“(b)(1) By October 31, January 31, April 30, and July 31 of each fiscal year, the Director of the Department Information Systems shall compile and submit a report to:

“(A) The Arkansas Legislative Council, if submitted between regular sessions of the General Assembly;

“(B) The Joint Budget Committee, if submitted during a session of the General Assembly; and

“(C) The Joint Committee on Advanced Communications and Information Technology.

“(2) The report shall:

“(A) Detail all requests from state agencies, boards, and commissions for advice regarding information technology planning, implementation, installation, rates or fees, utilization of products, services, and integrations or upgrades to be added to all existing technology plans; and

“(B) Provide a full report of all corresponding recommendations made by the Department of Information Systems to the requesting state agencies, boards, and commissions.

“(3) The report shall include:

“(A) The name of the state agency, board, or commission requesting the advice;

“(B) The name and scope of the project for which advice is being sought;

“(C) The type of advice sought, for example: technical, product or service utilization, planning, implementation, installation, integration, or upgrades;

“(D) A detailed explanation of all recommendations provided by the Department of Information Systems;

“(E) How the recommendation fits into the information technology plan of the agency, board, or commission;

“(F) How the recommendation fits into the state's information technology plan and shared technical architecture; and

“(G) Other information as may be useful for policy making decisions by the Legislative Council or Joint Committee on Advanced Communications and Information Technology.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 247, § 9, provided: “REPORTING REQUIREMENTS.

“(a)(1) The Director of the Department of Information Systems will report periodically to the Joint Committee on Advanced Communications and Information Technology and the Executive Chief Information Officer regarding the status of the Department of Information Systems' information technology responsibilities in state government.

“(2) The director will forward to the joint committee any statutory changes that the department may recommend sufficiently in advance of the convening of the session of the General Assembly.

“(3) The director may report any factors that are outside the scope of the department but are deemed to inhibit or to promote the department's responsibilities.

“(b)(1) By October 31, January 31, April 30, and July 31 of each fiscal year, the Director of the Department Information Systems shall compile and submit a report to:

“(A) The Arkansas Legislative Council, if submitted between regular sessions of the General Assembly;

“(B) The Joint Budget Committee, if submitted during a session of the General Assembly; and

“(C) The Joint Committee on Advanced Communications and Information Technology.

“(2) The report shall:

“(A) Detail all requests from state agencies, boards, and commissions for advice regarding information technology planning, implementation, installation, rates or fees, utilization of products, services, and integrations or upgrades to be added to all existing technology plans; and

“(B) Provide a full report of all corresponding recommendations made by the Department of Information Systems to the requesting state agencies, boards, and commissions.

“(3) The report shall include:

“(A) The name of the state agency, board, or commission requesting the advice;

“(B) The name and scope of the project for which advice is being sought;

“(C) The type of advice sought, for example: technical, product or service utilization, planning, implementation, installation, integration, or upgrades;

“(D) A detailed explanation of all recommendations provided by the Department of Information Systems;

“(E) How the recommendation fits into the information technology plan of the agency, board, or commission;

“(F) How the recommendation fits into the state's information technology plan and shared technical architecture; and

“(G) Other information as may be useful for policy making decisions by the Legislative Council or Joint Committee on Advanced Communications and Information Technology.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2017, No. 900, § 8, provided: “REPORTING REQUIREMENTS.

“(a)(1) The Director of the Department of Information Systems will report periodically to the Joint Committee on Advanced Communications and Information Technology and the Executive Chief Information Officer regarding the status of the Department of Information Systems' information technology responsibilities in state government.

“(2) The director will forward to the joint committee any statutory changes that the department may recommend sufficiently in advance of the convening of the session of the General Assembly.

“(3) The director may report any factors that are outside the scope of the department but are deemed to inhibit or to promote the department's responsibilities.

“(b)(1) By October 31, January 31, April 30, and July 31 of each fiscal year, the Director of the Department Information Systems shall compile and submit a report to:

“(A) The Arkansas Legislative Council, if submitted between regular sessions of the General Assembly;

“(B) The Joint Budget Committee, if submitted during a session of the General Assembly; and

“(C) The Joint Committee on Advanced Communications and Information Technology.

“(2) The report shall:

“(A) Detail all requests from state agencies, boards, and commissions for advice regarding information technology planning, implementation, installation, rates or fees, utilization of products, services, and integrations or upgrades to be added to all existing technology plans; and

“(B) Provide a full report of all corresponding recommendations made by the Department of Information Systems to the requesting state agencies, boards, and commissions.

“(3) The report shall include:

“(A) The name of the state agency, board, or commission requesting the advice;

“(B) The name and scope of the project for which advice is being sought;

“(C) The type of advice sought, for example: technical, product or service utilization, planning, implementation, installation, integration, or upgrades;

“(D) A detailed explanation of all recommendations provided by the Department of Information Systems;

“(E) How the recommendation fits into the information technology plan of the agency, board, or commission;

“(F) How the recommendation fits into the state's information technology plan and shared technical architecture; and

“(G) Other information as may be useful for policy making decisions by the Legislative Council or Joint Committee on Advanced Communications and Information Technology.

“The provisions of this section shall be in effect only from July 1, 2017 through June 30, 2018.”

Amendments. The 2009 amendment deleted (a)(2) and redesignated the subsequent subdivision accordingly; and substituted “state enterprise” for “shared technical” in (b)(3)(F).

The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” twice in (a)(1); in (a)(2), substituted “division” for “department” and substituted “division’s responsibilities” for “department’s responsibilities”; and substituted “division” for “department” in (b)(2)(B).

25-4-107. [Repealed.]

Publisher's Notes. This section, concerning Department of Finance and Administration general powers and duties, was repealed by Acts 2009, No. 648, § 5. The section was derived from Acts 1977, No. 884, § 8; A.S.A. 1947, § 5-1408; Acts 1997, No. 914, § 7; 2005, No. 1999, § 4; 2007, No. 751, § 15.

25-4-108. Division of Information Systems — Working groups.

  1. The Director of the Division of Information Systems may appoint working groups as necessary for specific purposes related to information technology coordination.
  2. Working group membership shall be determined by the director.
  3. Each working group shall establish a timeline for completion of its charge to accomplish performance-driven results.
  4. Working groups shall meet at least quarterly to achieve their assigned charges.

History. Acts 1977, No. 884, § 8; 1979, No. 820, § 2; 1985, No. 463, § 1; A.S.A. 1947, § 5-1408; Acts 1997, No. 914, § 8; 2005, No. 1999, § 4; 2007, No. 751, § 16; 2019, No. 910, § 6270.

Amendments. The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in (a).

25-4-109. Information technology centers.

  1. The Division of Information Systems is authorized to establish, maintain, and operate information technology centers and, in connection therewith, to rent, purchase, install, operate, and maintain information technology for state agencies as authorized in this chapter.
  2. The division is authorized to enter into contracts or agreements with state agencies for the purpose of providing information technology.
  3. State agencies are authorized to enter into any contracts with the division or its successor that may be necessary or desirable to effectuate the purposes and policies of this chapter or for maximum utilization of facilities and services that are the subject of this chapter.
  4. Agencies shall use the core information technology infrastructure.
  5. The division is authorized to enter into agreements and contracts with public utilities for telecommunications service.
  6. The information technology centers operated by the division shall be made available to all state agencies that fall within economical and feasible boundaries.
  7. Agencies shall use project management for designated activities defined as a project.

History. Acts 1977, No. 884, § 8; 1979, No. 820, § 2; 1985, No. 463, § 1; A.S.A. 1947, § 5-1408; Acts 1997, No. 914, § 9; 2001, No. 1722, § 6; 2005, No. 1999, § 5; 2019, No. 910, §§ 6271, 6272.

Amendments. The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in (a); and substituted “division” for “department” in (b), (e), and (f).

25-4-110. Information technology — Planning.

  1. The Division of Information Systems shall submit status reports annually or when requested to the Joint Committee on Advanced Communications and Information Technology.
    1. Each state agency shall develop a biennial information technology plan that establishes state agency goals, objectives, and policies regarding the development and use of information technology.
      1. Each state agency shall specifically include a policy regarding the use of the internet.
      2. A statement of the agency's policy regarding the use of the internet shall include:
        1. The penalties for violations of the agency's internet policy;
        2. The number of employees and computers that have access to the internet and the percentage of those employees and computers to the total number of employees and computers;
        3. The needs of the agency and how those needs relate to the use of the internet; and
        4. The responsibilities of the agency's employees as those responsibilities relate to the efficient and responsible use of the internet.
    2. Plans may be updated by agencies in a timely manner to remain current and must accommodate changes in the evolving state information technology plan and standards.
  2. The division shall distribute criteria, elements, form, and format for agency plans. Plans may include, but not be limited to, the following:
    1. A statement of the agency's mission, goals, and objectives for information technology;
    2. Goals and objectives for achieving electronic access to agency records, information, and services;
    3. Consideration of a variety of information technologies, including those that help transcend geographic locations, standard business hours, economic conditions of users, and disabilities;
    4. Compliance with the Freedom of Information Act of 1967, § 25-19-101 et seq.;
    5. An explanation of how the state agency's mission, goals, and objectives for information technology support and conform to the state information technology plan developed by the division;
    6. An implementation strategy to include:
      1. Annual implementation objectives of the plan;
      2. Methods to educate both state employees and the public in the effective use of access technologies; and
      3. Agency activities to increase electronic access to public records and information to be implemented within available resources and existing state agency planning processes;
    7. Projects and resources required to meet the objectives of the plan;
    8. Estimated schedules and funding required to implement identified projects;
    9. An evaluation of the agency's performance relating to information technology;
    10. An assessment of progress made toward implementing the agency information technology plan;
    11. A discussion of progress toward electronic access to public information and enabling citizens to have two-way interaction for obtaining information and services from state agencies; and
    12. An inventory of state agency information technology.
    1. Plans developed or updated shall be submitted to the division.
    2. The division may reject, require modification to, or approve plans as deemed appropriate.
    3. Plans shall be modified by the state agency as necessary.
    1. Plans developed or updated by public instrumentalities shall be submitted for review to the Joint Committee on Advanced Communications and Information Technology.
    2. The Joint Committee on Advanced Communications and Information Technology may seek the assistance of the division in conducting this review.
    3. Plans shall be modified by the public instrumentality as necessary.

History. Acts 1977, No. 884, § 9; A.S.A. 1947, § 5-1409; Acts 1997, No. 914, § 10; 2001, No. 1287, § 1; 2001, No. 1722, § 7; 2007, No. 751, § 17; 2009, No. 648, § 6; 2019, No. 910, §§ 6273-6275.

Amendments. The 2009 amendment deleted (a)(1) and (b), subdivided (d) and (e), and redesignated accordingly; substituted “status reports annually or when requested” for “monthly status reports” in (a); substituted “Information Systems” for “Finance and Administration” in the introductory language of (c) and in (d)(1) and (e)(2); and made a minor stylistic change.

The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in (a), the introductory language of (c), and (d)(1); and substituted “division” for “department” in (d)(2).

25-4-111. Information technology — Prerequisites.

  1. Unless the agency first receives approval for a plan or an updated plan as provided for under § 25-4-110, a state agency shall not:
    1. Acquire by purchase or lease any new or additional information technology; or
    2. Enter into any contract for information technology.
  2. If an agency desires to acquire information technology not part of an information technology plan approved under § 25-4-110, the requesting agency shall submit a waiver request to the Director of the Division of Information Systems that includes:
    1. Identification of necessary additional services or improvements in information technology;
    2. Relationship of the information technology improvements or additions to the overall goals of the agency;
    3. Resources needed to provide the additional services or improvements; and
    4. Measurement and evaluation criteria.
    1. Upon evaluation of the waiver request, the director shall notify the agency in writing of his or her approval or rejection of the request and his or her reasons.
    2. The director shall make his or her evaluation in a timely manner. If the director requires more than thirty (30) days to complete the evaluation, he or she shall report in writing to the Governor and the Secretary of the Department of Transformation and Shared Services his or her reasons for the delay in completion.
    3. If the director rejects a request for a waiver, a state agency shall not make any expenditure of public funds for the acquisition or expansion of information technology equipment or services.
    4. If the director determines that the agency needs additional information technology resources, he or she may:
      1. Authorize the agency to acquire the requested information technology in accordance with the state enterprise architecture;
      2. Authorize acquisition of a modified information technology configuration;
      3. Notify the agency of the availability of Division of Information Systems facilities to provide the requested information technology; or
      4. Recommend that the information technology be provided through the facilities of some other designated state agency.
  3. All state agencies shall comply with the provisions of the Arkansas Procurement Law, § 19-11-201 et seq., and applicable provisions of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., in the acquisition, purchase, contracting for the purchase of, and leasing of information technology.

History. Acts 1977, No. 884, § 10; A.S.A. 1947, § 5-1410; Acts 1997, No. 914, § 11; 2001, No. 1722, § 8; 2007, No. 751, § 18; 2009, No. 648, § 7; 2019, No. 910, §§ 6276, 6277.

Amendments. The 2009 amendment substituted “Information Systems” for “Finance and Administration” throughout the section; inserted “in accordance with the state enterprise architecture” in (c)(4)(A); and made minor stylistic changes.

The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in the introductory language of (b) and in (c)(4)(C); substituted “director” for “Director of the Department of Information Systems” throughout (c)(1)-(4); and inserted “and the Secretary of the Department of Transformation and Shared Services” in (c)(2).

25-4-112. Application to educational institutions.

    1. In the case of state-supported institutions of higher education and state-supported postsecondary vocational-technical schools, the provisions of this chapter shall apply to business and administrative applications of information technology but do not apply to academic and research applications.
    2. On-campus telecommunications systems shall also be exempt from the provisions of this chapter except when they are connected to the state telecommunications network infrastructure.
    3. On-campus telecommunications systems shall be defined as those bounded by the outer perimeter of contiguous campus property.
    1. A state-supported institution of higher education, a post-secondary vocational-technical school, an area vocational school, or a public school district may request technical assistance regarding information technology from the Division of Information Systems.
      1. Assistance shall be provided by the division free of charge within a reasonable period.
      2. However, the requesting institution shall reimburse the division for any actual expenses incurred while providing requested technical assistance.

History. Acts 1977, No. 884, § 16; A.S.A. 1947, § 5-1416; Acts 1997, No. 914, § 12; 2005, No. 1999, § 6; 2019, No. 910, § 6278.

Amendments. The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in (b)(1); and substituted “division” for “department” in (b)(2)(A) and (B).

25-4-113. [Repealed.]

Publisher's Notes. This section, concerning acquisition of information technology by constitutional officers, General Assembly, Supreme Court, or Administrative Office of the Courts, was repealed by Acts 2001, No. 1722, § 9. The section was derived from Acts 1977, No. 884, § 14; A.S.A. 1947, § 5-1414; Acts 1997, No. 914, § 13.

25-4-114. Contracts and agreements for information technology.

  1. Contracts and agreements for state agencies for information technology shall adhere to the state enterprise architecture.
  2. A state agency shall submit to the Director of the Division of Information Systems for review and approval a request for the state agency to enter into a technology contract or agreement that is not in compliance with the state enterprise architecture.
  3. Contracts for the provision of information technology are interagency agreements and are exempt from the provisions of the Arkansas Procurement Law, § 19-11-201 et seq., and the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., nor are they required to be submitted to the Legislative Council for advice.

History. Acts 1977, No. 884, § 15; A.S.A. 1947, § 5-1415; Acts 1997, No. 914, § 14; 2001, No. 1722, § 10; 2007, No. 751, § 19; 2009, No. 648, § 8; 2019, No. 910, § 6279.

Amendments. The 2009 amendment rewrote (a); inserted (b); and redesignated the subsequent subsection accordingly.

The 2019 amendment substituted “Director of the Division of Information Systems” for “Director of the Department of Information Systems” in (b).

25-4-115. Professional services contracts between division and outside vendors.

    1. In the event that, due to unforeseen circumstances, the Division of Information Systems cannot provide sufficient information technology support to state agencies, the Director of the Division of Information Systems is authorized to enter into professional services contracts for the necessary information technology support.
    2. The division may also consolidate information technology needs to satisfy agency requests.
    1. The division may utilize moneys appropriated for maintenance, operation, and payment of regular salaries of the division for the purchase of professional services upon approval thereof by the Chief Fiscal Officer of the State.
      1. Provided, however, that before approving the use of moneys appropriated for payment of regular salaries of the division for obtaining professional services, the Chief Fiscal Officer of the State shall determine that resignations, vacancies in positions, or the inability to employ persons with technical skills to provide the services has necessitated that action.
      2. In addition, the Chief Fiscal Officer of the State shall obtain the advice of the Legislative Council before approving any transfer of regular salary appropriations to the maintenance and operation appropriation of the agency to be used for payment of professional services.

History. Acts 1977, No. 884, § 11; A.S.A. 1947, § 5-1411; Acts 1997, No. 914, § 15; 2001, No. 1722, § 11; 2019, No. 910, § 6280.

Amendments. The 2019 amendment substituted “division” for “department” in the section heading and throughout (a)(2), (b)(1), and (b)(2)(A); and substituted “Division of Information Systems” for “Department of Information Systems” twice in (a)(1).

25-4-116. Payment for information technology.

  1. Before a state agency may enter into an agreement with the Division of Information Systems for purchase of information technology, the agency shall certify that adequate appropriations and funds are available for purchasing information technology from the division.
    1. If the state agency's line item appropriation for purchase of information technology is inadequate and if there are contemplated savings in the funds appropriated for the requesting agency which could be utilized for purchase of information technology without jeopardizing other essential programs and services of the state agency, then the savings which may be required for the purchase of services may be transferred, upon written approval of the amount thereof by the Chief Fiscal Officer of the State, from any appropriation of the agency to the agency appropriation for the purchase of information technology on the books of the Auditor of State and the Chief Fiscal Officer of the State.
    2. Provided, however, before approving any transfers of moneys appropriated for a state agency to the line-item appropriation for purchase of information technology of that state agency, the Chief Fiscal Officer of the State shall obtain the advice of the Legislative Council with respect thereto.
    3. The transfers authorized in this chapter shall be made from time to time within the amounts authorized in the procedures set forth in this chapter, upon payment for information technology purchased from the division.

History. Acts 1977, No. 884, § 12; 1979, No. 796, § 4; A.S.A. 1947, § 5-1412; Acts 1997, No. 914, § 16; 2019, No. 910, §§ 6281, 6282.

Amendments. The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in (a); and substituted “division” for “department” in (a) and (b)(3).

25-4-117. Delinquent accounts.

  1. For accounts that are thirty (30) days overdue and have no charges contested by the user, the Division of Information Systems may request the Chief Fiscal Officer of the State to transfer all or part of the overdue amount from the user's account to the division's revolving account. The Chief Fiscal Officer of the State shall transfer the amount within ten (10) working days.
  2. For accounts that are sixty (60) days overdue and have charges being contested by the user, the division may request the Chief Fiscal Officer of the State to transfer all or part of the overdue amount from the user's account to the division's revolving account. If the resolution of contested charges favors the user, the user may request the Chief Fiscal Officer of the State to transfer all or part of the overdue amount from the division's revolving account to the user's account.
  3. The division is authorized to discontinue information technology service to users who do not make a timely remittance of payment for services rendered and is specifically prohibited from providing services to state agencies lacking funds or sufficient appropriations to pay for the services.

History. Acts 1977, No. 884, § 7; A.S.A. 1947, § 5-1407; Acts 1997, No. 914, § 17; 2001, No. 1722, § 12; 2019, No. 910, § 6283.

Amendments. The 2019 amendment substituted “division” and “division’s” for “department” and “department’s” throughout the section; and substituted “Division of Information Systems” for “Department of Information Systems” in (a).

Cross References. Department of Information Systems Revolving Fund,§ 19-5-1055.

25-4-118. [Repealed.]

Publisher's Notes. This section, concerning appeals, was repealed by Acts 2001, No. 1722, § 13. The section was derived from Acts 1977, No. 884, § 13; 1979, No. 951, § 1; A.S.A. 1947, § 5-1413; Acts 1997, No. 914, § 18.

25-4-119. Budget procedures.

    1. Prior to the commencement of budget hearings conducted by the Legislative Council, the Director of the Division of Information Systems shall prepare an operating budget indicating the amount of money that will be required to operate the Division of Information Systems each year of the succeeding biennium.
    2. The director shall also provide cost information to users of information technology centers, and those who require new or expanded information technology shall be provided cost estimates for inclusion in their budget requests.
    1. When the General Assembly has completed the appropriation process, the director shall oversee budgetary planning for the division for each fiscal year of the biennium.
    2. The proposed annual operating budget shall be submitted to the Secretary of the Department of Transformation and Shared Services for his or her approval prior to the beginning of each fiscal year.
      1. During the course of the biennium, the director shall make certain that the expenditures of the division do not exceed the income to be received by the division for the current fiscal year.
      2. Subject to the written approval of the Chief Fiscal Officer of the State upon the written application of the division and review by the Legislative Council, in order to effect compliance with state and federal statutory and regulatory provisions:
        1. The director shall adjust rates for services or issue billing adjustments as necessary; or
        2. Funds sufficient to effect compliance shall be provided to the division.
      1. If rates charged to a customer are increased to ensure compliance with state and federal statutory and regulatory provisions under subdivision (b)(3) of this section, then the director shall promptly notify the Governor, the Joint Committee on Advanced Communications and Information Technology, and all state agencies and other customers before any changes shall be effected.
      2. Rates shall be reviewed by the division on no less than an annual basis in order to ensure compliance with state and federal statutory and regulatory provisions.
  1. The quarterly allotment procedures applicable to state agencies, as defined by the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., shall be applicable to all appropriations funded directly through general revenue.

History. Acts 1979, No. 951, § 2; A.S.A. 1947, § 5-1413.1; Acts 1997, No. 914, § 19; 2001, No. 1722, § 14; 2005, No. 1999, § 7; 2019, No. 910, § 6284.

Amendments. The 2019 amendment substituted “division” for “department” throughout the section; substituted “Division of Information Systems” for “Department of Information Systems” twice in (a)(1); and substituted “Secretary of the Department of Transformation and Shared Services” for “Governor” in (b)(2).

25-4-120. Revisions to budget, purchasing, and personnel process.

    1. Prior to June 30 of each even-numbered year, the Legislative Council shall conduct a review of the state budget, purchasing, and personnel process used by state agencies regarding information technology.
    2. The Legislative Council shall prepare recommendations for changes in the information technology budget process for utilization in the development of state agency budgets for the next biennial budget cycle.
  1. All agencies of the executive branch shall cooperate fully with the Legislative Council to accomplish the purposes of this section.
  2. The Division of Information Systems shall make recommendations regarding revisions to the state budget, purchasing, and personnel process related to information technology to the Legislative Council by March 1 of each even-numbered year.

History. Acts 1977, No. 884, § 13; A.S.A. 1947, § 5-1413; Acts 1997, No. 914, § 20; 2019, No. 910, § 6285.

Amendments. The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in (c).

25-4-121. Division of Information Systems Revolving Fund.

  1. There is created and established on the books of the Treasurer of State, the Auditor of State, and the Department of Finance and Administration the Division of Information Systems Revolving Fund.
  2. The Division of Information Systems Revolving Fund shall consist of nonrevenue receipts derived from services provided to various agencies of the federal, state, city, and county governments, and any other moneys which may be provided by law for credit to the Division of Information Systems Revolving Fund.
  3. All revenues received by the Division of Information Systems for providing information technology services shall be deposited into the State Treasury as nonrevenue receipts, there to be used for the maintenance, operation, and improvement of the division.
  4. All revenues received from agencies or other governmental entities for information technology services provided by contracts between the division and outside vendors may be deposited into the State Treasury as refund to expenditures.
  5. Subject to the written approval of the Chief Fiscal Officer of the State upon written application of the division and review by the Legislative Council, the Director of the Division of Information Systems shall have the authority to transfer funds between the Information Technology Reserve Fund established by §§ 19-5-1056 and 25-4-123 and the Division of Information Systems Revolving Fund established under this section for cash management purposes.

History. Acts 1997, No. 914, § 21; 2001, No. 1722, § 15; 2005, No. 1999, § 8; 2019, No. 910, § 6286.

Amendments. The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in the section heading, (a), (c), and twice in (e); substituted “division” for “department” at the end of (c); and substituted “division” for “Department of Information Systems” in (d) and (e).

25-4-122. Reserve for equipment acquisition — Loans.

    1. The Division of Information Systems is authorized to accumulate a reserve for equipment acquisition in an amount not to exceed the division's depreciation expense per fiscal year.
      1. In addition, the division is authorized to obtain from the State Board of Finance loans from the Budget Stabilization Trust Fund to supplement the reserve if the reserve is insufficient to handle the total cost of required equipment acquisitions.
      2. These loans and the reserve for equipment acquisition shall be used exclusively for major equipment acquisitions or improvements of information technology required in order to fulfill the requirements for one (1) or more user agencies.
      3. The loans from the Budget Stabilization Trust Fund to the Information Technology Reserve Fund shall be repaid within five (5) years from revenues derived from charges to users, and the annual loan repayment amount shall be computed as a part of the total yearly expenses of the division and shall be charged proportionately to users.
      1. However, before the board approves any requests for loans by the division authorized in subdivision (a)(2) of this section, the requests shall be submitted to the Governor for his or her approval after the Governor has first obtained the advice of the Legislative Council in regard thereto.
      2. After having obtained advice, the Governor may in writing approve or reject the request.
      3. However, if the Legislative Council fails to give its written advice or opinion to the Governor within thirty (30) days after receiving notice of the request for loans, the Governor may proceed to act on the matter without the advice of the Legislative Council.
    1. The board shall make no loans if the approval of the Governor has not been obtained therefor.
    2. After obtaining the Governor's approval in writing, the board shall also review and may approve the loans and establish terms of repayment and a rate of interest to be paid by the Division of Information Systems Revolving Fund to the Budget Stabilization Trust Fund. The rate shall be approximately equivalent to the rate of interest the board is receiving on other investments at the time of approving the loan request.

History. Acts 1997, No. 914, § 21; 2005, No. 1999, § 9; 2019, No. 910, §§ 6287-6289.

Amendments. The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in (a)(1); substituted “division’s” and “division” for “department’s” and “department” in (a)(1), (a)(2)(A), (a)(2)(C), and (b)(1)(A); and substituted “Division of Information Systems Revolving Fund” for “Department of Information Systems Revolving Fund” in (b)(3).

25-4-123. Information Technology Reserve Fund.

  1. There is established on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a fund to be known as the “Information Technology Reserve Fund”.
  2. This fund shall consist of those funds transferred from the Division of Information Systems Revolving Fund in an amount up to the authorized reserve for equipment acquisition as certified by the Chief Fiscal Officer of the State within thirty (30) days following the closing of each fiscal year, any loans which may be received from the Budget Stabilization Trust Fund, and any other moneys which may be provided by law, there to be used exclusively for major equipment acquisitions or improvements as set out in § 25-4-122.

History. Acts 1997, No. 914, § 21; 2019, No. 910, § 6290.

Amendments. The 2019 amendment substituted “Division of Information Systems Revolving Fund” for “Department of Information Systems Revolving Fund” in (b).

25-4-124. Yearly computation of expenses — Disposition of surplus funds.

  1. Within sixty (60) days following the final closing entries for the consolidated annual financial report for each fiscal year, the Director of the Division of Information Systems shall obtain from the Chief Fiscal Officer of the State the written approval of a plan that shall include a proposed methodology to make all appropriate adjustments to effect compliance with state and federal statutory and regulatory provisions for the fiscal year.
    1. If the plan under subsection (a) of this section requires appropriate credits or debits to customer accounts to effect compliance with state and federal statutory and regulatory provisions, the Division of Information Systems shall make any adjustments within sixty (60) days after approval of the plan.
    2. In the event that a customer no longer uses the services of the division, a fund transfer in the amount of that customer's credits under the plan described in subsection (a) of this section shall be made from the Division of Information Systems Revolving Fund to the customer's treasury fund, upon certification of the amount by the director to the Chief Fiscal Officer of the State and the Treasurer of State. In the event the customer does not have a treasury fund, a warrant shall be issued by the division in payment of the customer's credit.
  2. In the event that the customer has an unpaid account balance due the division, the customer's credit shall be withheld until the account balance is satisfied.

History. Acts 1997, No. 914, § 21; 2005, No. 1999, § 10; 2019, No. 910, § 6291.

Amendments. The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in (a) and (b)(1)-(2); and substituted “division” for “department” twice in (b)(2) and in (c).

25-4-125. State Broadband Manager.

  1. The Governor shall designate the State Broadband Manager.
  2. The State Broadband Manager shall coordinate the state's efforts to expand and improve broadband capacity and availability by:
    1. Serving as a single point of contact for:
      1. State agencies, boards, commissions, and constitutional officers, including without limitation the Governor, the Division of Elementary and Secondary Education, the Division of Higher Education, and the Arkansas Department of Transportation;
      2. Private businesses, enterprises, and broadband providers;
      3. Nonprofit organizations;
      4. Governmental entities and organizations organized under federal law or the law of another state; and
      5. Individuals and entities that seek to assist the state's efforts to improve economic development, elementary education, and secondary education through the use of broadband technology;
    2. Gathering, compiling, and maintaining information obtained independently or from an individual or entity described in subdivision (b)(1) of this section;
    3. Formulating, updating, and maintaining a state broadband plan; and
    4. On or before January 1 and July 1 of each year, filing a written report of the activities and operations of the State Broadband Manager for the preceding six (6) months with the:
      1. Governor;
      2. Legislative Council; and
      3. Joint Committee on Advanced Communications and Information Technology.

History. Acts 2013, No. 1168, § 1; 2017, No. 707, § 289; 2019, No. 792, § 1; 2019, No. 910, §§ 2380, 6292, 6293.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b)(1)(A).

The 2019 amendment by No. 792 substituted “The Governor shall designate” for “The Director of the Department of Information Systems is designated” in (a).

The 2019 amendment by No. 910, § 2380 deleted “Department of Higher Education” following “Department of Education” in (b)(1)(A).

The 2019 amendment by No. 910, §§ 6292 and 6293 substituted “Division of Information Systems” for “Department of Information Systems” in (a); and substituted “the Division of Elementary and Secondary Education, the Division of Higher Education, and the Arkansas Department of Transportation” for “Department of Education, Department of Higher Education, and Arkansas Department of Transportation” in (b)(1)(A).

Research References

Ark. L. Rev.

Justin C. Mankin, Comment: A Call for Competitive Broadband Reform in Arkansas, 68 Ark. L. Rev. 829 (2015).

25-4-126. Chief Data Officer and Chief Privacy Officer.

    1. The Director of the Division of Information Systems shall select an individual to serve as the Chief Data Officer of the Division of Information Systems and the Chief Privacy Officer of the Division of Information Systems.
    2. The Chief Data Officer of the Division of Information Systems and the Chief Privacy Officer of the Division of Information Systems shall not be the same person.
  1. The Chief Data Officer of the Division of Information Systems shall:
      1. Provide master data management by facilitating standardization, deduplication, sharing, and integration of critical data between systems and state agencies.
      2. Master data management may include without limitation a shared master citizen record;
    1. Establish and promote data architecture management by developing an integrated set of specifications and documents that define the blueprint for managing data resources;
    2. Provide data quality management by:
      1. Applying data quality management concepts and practices that include without limitation:
        1. Policies;
        2. Measurement;
        3. Process improvement; and
        4. Education; and
      2. Leveraging data warehouse, business intelligence, and master data management solutions;
    3. Provide data governance by:
      1. Exercising authority, control, and decision-making over the management of data assets; and
      2. Introducing accountability for data asset management through formalized data stewardship;
    4. Support open data exchanges based on standardized and published application programming interfaces that:
      1. Facilitate standardized access to data within, between, or outside systems or state agencies; and
      2. Establish a data catalog of data housed, maintained, and utilized by each state agency;
    5. Utilize business intelligence that includes without limitation embedded business intelligence and advanced analytics that maximize the value of data in this state in order to facilitate access to and the analysis of data; and
    6. Direct and oversee the Data and Transparency Panel.
  2. The Chief Privacy Officer of the Division of Information Systems shall:
    1. Oversee, develop, and implement methods to ensure that all state agencies comply with federal and state laws governing the privacy of and access to protected data;
    2. Assure that the use of technology sustains, and does not erode, privacy protections relating to the use, collection, and disclosure of personal information;
    3. Assure that personal information contained in privacy act systems of records complies with the Privacy Act of 1974, 5 U.S.C. § 552(a);
    4. Review regulatory proposals and procedures involving the collection, use, and disclosure of personal information by the federal government, state government, and local government; and
      1. Prepare and submit an annual report to the Joint Committee on Advanced Communications and Information Technology concerning activities that affect privacy.
      2. Activities that affect privacy may include without limitation complaints of privacy violations, implementation of the Privacy Act of 1974, 5 U.S.C. § 552(a), and internal controls.

History. Acts 2017, No. 912, § 1; 2019, No. 910, §§ 6294-6296.

Amendments. The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” throughout (a) and in the introductory language of (b) and (c).

25-4-127. Data and Transparency Panel — Creation — Duties.

  1. The Data and Transparency Panel is created within the Division of Information Systems.
  2. The panel shall consist of the following members:
      1. Three (3) appointees from the private sector who shall be appointed as follows:
        1. One (1) appointee shall be appointed by the Governor;
        2. One (1) appointee shall be appointed by the Speaker of the House of Representatives; and
        3. One (1) appointee shall be appointed by the President Pro Tempore of the Senate.
      2. Each appointee shall serve at the pleasure of his or her appointer.
      3. The appointer of an appointee who vacates his or her position on the panel shall fill the vacancy as required under this section;
    1. The Attorney General or his or her designee;
    2. The secretaries, directors, or their designees, of the following entities:
      1. The Arkansas Crime Information Center;
      2. The Division of Arkansas State Police;
      3. The Division of Career and Technical Education;
      4. The Division of Community Correction;
      5. The Division of Correction;
      6. The Division of Elementary and Secondary Education;
      7. The Department of Finance and Administration;
      8. The Department of Health;
      9. The Division of Higher Education;
      10. The Department of Human Services;
      11. The Division of Information Systems;
      12. The Department of Labor and Licensing;
      13. The Division of Workforce Services; and
      14. The Office of Skills Development;
      1. The Chief Data Officer of the Division of Information Systems.
      2. The Chief Data Officer of the Division of Information Systems shall be the Chair of the Data and Transparency Panel.
      3. The members of the panel shall select a vice chair annually;
    3. The Chief Privacy Officer of the Division of Information Systems; and
    4. The Chief Justice of the Supreme Court or his or her designee.
  3. The panel shall:
    1. Perform a feasibility and cost study on the development of a statewide data warehouse program;
    2. Evaluate and identify data to be included in the statewide data warehouse program;
    3. Determine and recommend procedures necessary for the implementation of a statewide data warehouse program;
    4. Oversee a statewide data warehouse program implemented in this state;
    5. Evaluate and identify data that may be provided to the public in accordance with data standards and specifications developed by the Division of Information Systems;
    6. Provide annual reports to the Joint Committee on Advanced Communications and Information Technology; and
    7. Develop a unified longitudinal system that links existing siloed agency information for education and workforce outcomes to continuously conduct a business systems assessment to:
      1. Help the leaders of this state and service providers develop an improved understanding of individual outcomes resulting from education and workforce pipelines in Arkansas;
      2. Identify opportunities for improvement by using real-time information; and
      3. Continuously align programs and resources to the evolving economy of this state.
    1. The panel shall meet at least quarterly in each calendar year at a time and place determined by the panel.
    2. Special meetings may be called at the discretion of the chair.
  4. Nine (9) members of the panel shall constitute a quorum to transact the business of the panel.

History. Acts 2017, No. 912, § 1; 2019, No. 147, § 1; 2019, No. 910, §§ 6297-6299; 2019, No. 936, §§ 1, 2.

Amendments. The 2019 amendment by No. 147 added (b)(6).

The 2019 amendment by No. 910 substituted “Division of Information Systems” for “Department of Information Systems” in (a), (b)(3)(K), (b)(4)(A) and (B), (b)(5), and (c)(5); in the introductory language of (b)(3), inserted “secretaries” and substituted “entities” for “departments”; substituted “Division” for “Department” in (b)(3)(B), (D), (E), and (I); substituted “Division of Career and Technical Education” for “Department of Career Education” in (b)(3)(C); substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(3)(F), and substituted “Department of Labor and Licensing” for “Department of Labor” in (b)(3)(L).

The 2019 amendment by No. 936 added “and offices” in the introductory language of (b)(3); added (b)(3)(M) and (b)(3)(N); and added (c)(7).

25-4-128. Data and Transparency Panel — Records — Confidentiality.

  1. All records, reports, and other information obtained by the Data and Transparency Panel shall be confidential unless approved for publication in accordance with data standards and specifications developed by the Division of Information Systems.
  2. A person, agency, or entity that furnishes confidential information in good faith under this chapter is immune from criminal or civil liability arising out of the release of the confidential information.

History. Acts 2017, No. 912, § 1; 2019, No. 910, § 6300.

Amendments. The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in (a).

Chapter 5 Department of Correction

Cross References. Board of Corrections, duties, § 12-27-105.

25-5-101. [Repealed.]

Publisher's Notes. This section, concerning the continuation and organization of the Department of Correction, was repealed by Acts 2019, No. 910, § 1021, effective July 1, 2019. The section was derived from Acts 1971, No. 38, § 13; A.S.A. 1947, § 5-913.

Chapter 6 Department of Education

Cross References. School Law, § 6-10-101 et seq.

Preambles. Acts 1987, No. 771, contained a preamble which read:

“Whereas, State laws relating to vocational and technical education changed significantly during the past six years;

“Whereas, a careful study of statutes affecting vocational and technical education reveals several conflicts among various sections, instances of legislation by inference rather than by specific provision, and inconsistency in terminology;

“Whereas, the Arkansas Statute Revision Commission is presenting to the 1987 General Assembly recommendations for recodifying the statutes; and

“Whereas, although the Commission members recognize the problems in vocational education, they believe that only the General Assembly has legal authority to resolve them;

“Now therefore….”

Subchapter 1 — General Provisions

A.C.R.C. Notes. Acts 2015, No. 970, § 25, provided: “ESTABLISHMENT OF A ‘POSITION POOL’.

“(a) To address needs emerging from statewide education issues and the necessity of recruiting and retaining qualified personnel, the Arkansas Department of Education or its successor agency is authorized for the 2015-2016 fiscal year a pool of no more than five (5) Professional/Executive positions at a salary not to exceed the maximum salary for a grade N912. These positions are to be used by the Department of Education in the event that the personal services needs of the Department during the 2015-2016 fiscal year require additional positions, either by title or in number, that are not authorized by the General Assembly in Section 1 of this Act. These positions may also be used to properly classify positions when the Department does not have a vacant position available with the appropriate title and salary level.

“(b) To address needs emerging from statewide education issues and the necessity of recruiting and retaining qualified personnel, the Arkansas Department of Education or its successor agency is authorized for the 2015-2016 fiscal year a pool of ten (10) classified positions at up to a grade C130. These positions are to be used by the Department of Education in the event that the personal services needs of the Department during the 2015-2016 fiscal year require additional positions, either by classification or in number, that are not authorized by the General Assembly in Section 1 of this Act. These positions may also be used to properly classify positions when the Department does not have a vacant position available with the appropriate title and grade level.

“(c) Any salary determinations or adjustments administered under the provisions of Subsections (a) and (b) of this Section shall be made by comparing the qualifications and salary levels of similar employees in school districts or in other state education agencies.

“(d) The Department of Education is authorized to access the pool positions authorized in this Section at any time when it is determined by the Commissioner that the need exists. The Commissioner shall provide a monthly report of the justification for the need to allocate titles from this growth pool to the Chief Fiscal Officer of the State and to the Arkansas Legislative Council for review. The report shall also include an accounting of the names, titles, and salaries of personnel whose salaries have been adjusted under provisions of Subsections (a) and (b) of this Section.

“(e) If the Department of Education requests continuation of any ‘Position Pool’ position(s) as established herein during the next fiscal year, the position(s) must be requested as a new position(s) in the agency's budget request.

“(f) Determining the number of personnel to be employed by a state agency is the prerogative of the General Assembly and is usually accomplished by delineating the maximum number of personnel by identifying job titles and the maximum grade or salary attached to those titles. The General Assembly has determined that the Arkansas Department of Education could be operated more efficiently if some flexibility is given to that agency. That flexibility is being accomplished by providing a position pool in Subsections (a) and (b) of this Section and since the General Assembly has granted the agency broad powers under the growth pool concept, it is both necessary and appropriate that the General Assembly maintain oversight of the utilization of the position pool by requiring review of the Legislative Council in the utilization of the position pool. Therefore, the requirement of review by the Legislative Council is not a severable part of this section. If the requirement of review by the Legislative Council is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 230, § 23, provided: “ESTABLISHMENT OF A ‘POSITION POOL’.

“(a) To address needs emerging from statewide education issues and the necessity of recruiting and retaining qualified personnel, the Arkansas Department of Education or its successor agency is authorized for the 2016-2017 fiscal year a pool of no more than five (5) Professional/Executive positions at a salary not to exceed the maximum salary for a grade N912. These positions are to be used by the Department of Education in the event that the personal services needs of the Department during the 2016-2017 fiscal year require additional positions, either by title or in number, that are not authorized by the General Assembly in Section 1 of this Act. These positions may also be used to properly classify positions when the Department does not have a vacant position available with the appropriate title and salary level.

“(b) To address needs emerging from statewide education issues and the necessity of recruiting and retaining qualified personnel, the Arkansas Department of Education or its successor agency is authorized for the 2016-2017 fiscal year a pool of ten (10) classified positions at up to a grade C130. These positions are to be used by the Department of Education in the event that the personal services needs of the Department during the 2016-2017 fiscal year require additional positions, either by classification or in number, that are not authorized by the General Assembly in Section 1 of this Act. These positions may also be used to properly classify positions when the Department does not have a vacant position available with the appropriate title and grade level.

“(c) Any salary determinations or adjustments administered under the provisions of Subsections (a) and (b) of this Section shall be made by comparing the qualifications and salary levels of similar employees in school districts or in other state education agencies.

“(d) The Department of Education is authorized to access the pool positions authorized in this Section at any time when it is determined by the Commissioner that the need exists. The Commissioner shall provide a monthly report of the justification for the need to allocate titles from this growth pool to the Chief Fiscal Officer of the State and to the Arkansas Legislative Council for review. The report shall also include an accounting of the names, titles, and salaries of personnel whose salaries have been adjusted under provisions of Subsections (a) and (b) of this Section.

“(e) If the Department of Education requests continuation of any ‘Position Pool’ position(s) as established herein during the next fiscal year, the position(s) must be requested as a new position(s) in the agency's budget request.

“(f) Determining the number of personnel to be employed by a state agency is the prerogative of the General Assembly and is usually accomplished by delineating the maximum number of personnel by identifying job titles and the maximum grade or salary attached to those titles. The General Assembly has determined that the Arkansas Department of Education could be operated more efficiently if some flexibility is given to that agency. That flexibility is being accomplished by providing a position pool in Subsections (a) and (b) of this Section and since the General Assembly has granted the agency broad powers under the growth pool concept, it is both necessary and appropriate that the General Assembly maintain oversight of the utilization of the position pool by requiring review of the Legislative Council in the utilization of the position pool. Therefore, the requirement of review by the Legislative Council is not a severable part of this section. If the requirement of review by the Legislative Council is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Effective Dates. Acts 1971, No. 38, §§ 23, 24: Feb. 4, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that there is an immediate need to establish a more responsive and responsible state government sufficiently flexible to meet changing conditions and to establish executive authority in those areas where executive responsibility presently lies and to promote economies in the operation of the government by the consolidation of various departments, boards, and commissions; and that only by the immediate passage of this act may procedures be established for effectuating a more responsive, responsible, and economic state government. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 64, § 6: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that under present laws, the responsibility for administering the various programs for vocational and technical education is vested in several different agencies; that the consolidation of such responsibility in a single agency would promote coordination of vocational and technical education programs and would be beneficial to the overall program for vocational and technical education in the state; that this Act is designed to accomplish this purpose and that it is essential to an orderly transition and consolidation of such programs and the administration thereof, that this Act become effective on July 1, 1981; that unless an emergency is declared, an extension of the 1981 regular session of the General Assembly could delay the effective date of this Act beyond July 1, 1981. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1983, No. 929, § 37: July 1, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1983 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1983 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1983.”

Acts 1987, No. 771, § 17: Apr. 7, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need to clarify the laws related to vocational and technical education. Therefore, an emergency is hereby declared to exist, and this Act being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 773, § 14: Mar. 26, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the reconstructing of the delivery system of adult education and vocational education in this state is necessary to provide quality educational programs which are accessible by all segments of the population in this state; that recent studies have shown that in the year 2000, workers must have a minimum of fourteen (14) years education to function in the work force; that the state is in desperate need of training, retraining and upgrading the work force; that this act will provide a means to establish more institutions working closely with business, industry, labor and agriculture to provide every citizen with an opportunity to participate in vocational-technical training and associate degree programs within a reasonable driving distance of their homes; that it is necessary for this act to become effective immediately so needed changes can be implemented and comprehensive planning can begin. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 1244, § 43: Apr. 17, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the restructuring of the delivery system of adult education and vocational education in this state is necessary to provide higher quality educational programs which are accessible by all segments of the population in this state; that recent studies have shown that in the year 2000, workers must have a minimum of fourteen (14) years education to function in the work force; that the state is in desperate need of training, retraining and upgrading the work force; that this act will provide a means to establish more institutions working closely with business and industry to provide every citizen with an opportunity to participate in vocational-technical training or college transfer programs within a reasonable driving distance of their homes; that it is necessary for this act to become effective immediately so needed changes can be made prior to the date the institutions contained herein are transferred to the new system. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 1246, § 17: Apr. 17, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1995, No. 297, § 9: Feb. 13, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the immediate effectiveness of this act is essential to the operation of the Department of Education. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

25-6-101. Purpose.

It is intended that all authority and responsibility of the State Board of Education be administered through the Division of Elementary and Secondary Education under the direction and supervision of the Commissioner of Elementary and Secondary Education.

History. Acts 1981, No. 64, § 1; A.S.A. 1947, § 5-910.1; Acts 1987, No. 771, § 1; 1991, No. 773, § 6; 1991, No. 1244, § 5; 1995, No. 297, § 4; 1999, No. 1323, § 53; 2009, No. 1469, § 30; 2019, No. 910, § 2381.

Amendments. The 2009 amendment substituted “Commissioner” for “Director of the Department.”

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education”.

25-6-102. Organization — Commissioner.

  1. The Division of Elementary and Secondary Education shall consist of:
    1. The State Board of Education;
    2. The Division of Elementary and Secondary Education under the direction and supervision of the Commissioner of Elementary and Secondary Education; and
    3. Any divisions or subdivisions as presently exist within the Division of Elementary and Secondary Education or as may be created by the State Board of Education or as created by law and placed under the Division of Elementary and Secondary Education.
  2. The State Board of Education shall continue to perform its powers and duties as prescribed by law.
    1. The commissioner shall be a member of the Governor's cabinet.
    2. The commissioner shall perform all duties and exercise all powers relating to general education as may be granted by law.

History. Acts 1971, No. 38, § 10; 1981, No. 64, § 2; A.S.A. 1947, § 5-910; Acts 1987, No. 771, § 2; Acts 1991, No. 773, § 7; 1995, No. 297, § 5; 1999, No. 1323, § 54; 2009, No. 1469, § 31; 2019, No. 910, § 2382.

A.C.R.C. Notes. As enacted, the 1991 amendment in (d) began “as soon after passage of this act as possible.” Acts 1991, No. 773 was signed by the Governor on March 26, 1991.

Amendments. The 2009 amendment substituted “Commissioner” for “Director” in the section heading; and substituted “Commissioner” for “Director of the Department” throughout the section.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout (a); and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(2).

25-6-103 — 25-6-106. [Repealed.]

A.C.R.C. Notes. Pursuant to § 1-2-207, the amendment to § 25-6-103 by Acts 1999, No. 1318, was superseded by the repeal of this section by Acts 1999, No. 1323.

Publisher's Notes. Former §§ 25-6-10325-6-106, concerning the powers and duties of department and State Board of Education, the authority of the Director of Vocational and Technical Education to enter into contracts, the transfer of powers to the Economic Development Commission and Department of Economic Development, and adult education funds, were repealed by Acts 1999, No. 1323, § 55. The sections were derived from the following sources:

25-6-103. Acts 1981, No. 64, § 3; A.S.A. 1947, § 5-910.3; Acts 1987, No. 771, § 3; 1999, No. 1318, § 7.

25-6-104. Acts 1983, No. 929, § 24; A.S.A. 1947, § 5-910.2; Acts 1987, No. 771, § 15.

25-6-105. Acts 1991, No. 1244, § 30; 1997, No. 540, § 48.

25-6-106. Acts 1991, No. 1246, § 3.

25-6-107. Local education agency numbers.

    1. The Division of Elementary and Secondary Education is the sole and official issuer of local education agency numbers to educational entities in the state.
    2. These numbers shall be issued, activated, deactivated, or changed according to the annual schedule and in a format established by the division.
  1. Notwithstanding any other provision of law, an educational entity shall not be recognized as a public school district or entitled to the rights and privileges of a school district solely because the educational entity has been assigned a local education agency number.
  2. The State Board of Education shall adopt the necessary rules to fully implement this section.

History. Acts 2005, No. 2151, § 20; 2019, No. 910, § 2383.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1).

Subchapter 2 — Division of Rehabilitation Services

25-6-201 — 25-6-205. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 1999, No. 1323, § 56. The subchapter was derived from the following sources:

25-6-201. Acts 1993, No. 574, §§ 1, 2.

25-6-202. Acts 1993, No. 574, §§ 3, 6.

25-6-203. Acts 1993, No. 574, § 5.

25-6-204. Acts 1993, No. 574, § 7.

25-6-205. Acts 1993, No. 574, § 9.

For present law, see § 25-30-201 et seq.

Subchapter 3 — Workforce Education

25-6-301 — 25-6-308. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 1999, No. 1323, § 57. The subchapter was derived from the following sources:

25-6-301. Acts 1997, No. 803, § 1.

25-6-302. Acts 1997, No. 803, § 2.

25-6-303. Acts 1997, No. 803, § 3.

25-6-304. Acts 1997, No. 803, § 4.

25-6-305. Acts 1997, No. 803, § 5.

25-6-306. Acts 1997, No. 803, § 6.

25-6-307. Acts 1997, No. 803, § 7.

25-6-308. Acts 1997, No. 803, § 8.

For present law, see § 25-30-101 et seq.

Chapter 7 Division of Higher Education

A.C.R.C. Notes. Acts 2014, No. 104, § 43, provided:

“ADMINISTRATIVE FEES. The Department of Higher Education is authorized to recover non-refundable administrative fees related to the institutional certification and exemption process for out-of-state, non-public, and for-profit colleges and universities. These fees include a notification fee, an application processing fee, and travel expenses for the certification review teams.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 978, § 41, provided:

“ADMINISTRATIVE FEES. The Department of Higher Education is authorized to recover non-refundable administrative fees related to the institutional certification and exemption process for out-of-state, non-public, and for-profit colleges and universities. These fees include a notification fee, an application processing fee, and travel expenses for the certification review teams.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 236, § 40, provided: “ADMINISTRATIVE FEES. The Department of Higher Education is authorized to recover non-refundable administrative fees related to the institutional certification and exemption process for out-of-state, non-public, and for-profit colleges and universities. These fees include a notification fee, an application processing fee, and travel expenses for the certification review teams.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Preambles. Identical Acts 1995, Nos. 198 and 355 contained a preamble which read:

“Whereas, the Governor of the State of Arkansas, pursuant to the applicable provision of the federal Higher Education Act of 1965, as amended by the Higher Education Act Amendments of 1992, has designated the Arkansas Department of Higher Education to be the State Postsecondary Review Entity for Arkansas for the purpose of participating in the program established by the Higher Education Act Amendments of 1992; and

“Whereas, the Arkansas Department of Higher Education, created by Act 38 of 1971, consists of the State Board of Higher Education and any other divisions which may be created by law and placed under the Department of Higher Education; and

“Whereas, the purpose of this Act is to establish the State Board of Higher Education as the body having final administrative authority, pursuant to Act 38 of 1971, over the State Postsecondary Review Program in Arkansas, and to confirm this designation and confer additional authority and powers upon the State Board of Higher Education as may be necessary.

“Now therefore, be it enacted by the General Assembly of the state of Arkansas:”

Effective Dates. Acts 1971, No. 38, §§ 23, 24: Feb. 4, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that there is an immediate need to establish a more responsive and responsible state government sufficiently flexible to meet changing conditions and to establish executive authority in those areas where executive responsibility presently lies and to promote economies in the operation of the government by the consolidation of various departments, boards, and commissions; and that only by the immediate passage of this act may procedures be established for effectuating a more responsive, responsible, and economic state government. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1992 (1st Ex. Sess.), No. 52, § 10: Mar. 17, 1992. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, meeting in Extraordinary Session, that in order to attract high technology industry to this state that a highly trained workforce is essential; and that the provisions of this act will provide necessary resources for such workforce. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Identical Acts 1995, Nos. 198 and 355, § 6: Feb. 9, 1995, and Feb. 20, 1995, respectively. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that in order to provide for the continuing eligibility for federal student financial aid of existing postsecondary institutions located in the state and for any postsecondary institution hereafter established, this Act should be given immediate effect. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 1114, § 18: May 1, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act abolishes the State Board of Higher Education and replaces the board with the Arkansas Higher Education Coordinating Board; and that to provide for an efficient transition and to allow the Governor a sufficient time to make appointments, this act shall become effective May 1, 1997. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on May 1, 1997.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

25-7-101. Creation — Director — Organization — Personnel.

  1. There is created a Division of Higher Education.
    1. The executive head of the Division of Higher Education shall be the Director of the Division of Higher Education.
    2. The director shall be appointed, in consultation with the Arkansas Higher Education Coordinating Board, by the Governor and shall serve at the pleasure of the Governor.
    3. The director shall report to the Secretary of the Department of Education.
  2. The Division of Higher Education shall consist of the Arkansas Higher Education Coordinating Board and any other divisions which may be created by law and placed under the Division of Higher Education.
  3. The director, with the advice and consent of the Governor, and the Secretary of the Department of Education, shall appoint the heads of the respective divisions. All of the personnel of the Division of Higher Education shall be employed by and serve at the pleasure of the director. Provided, nothing in this section shall be so construed as to reduce any right which an employee shall have under any civil service or merit system.
  4. Each division of the Division of Higher Education shall be under the direction, control, and supervision of the director. The director may delegate his or her functions, powers, and duties to various divisions of the Division of Higher Education as he or she shall deem desirable or necessary for the effective and efficient operation of the Division of Higher Education.
  5. The several institutions of higher education in this state shall be requested to cooperate with the Division of Higher Education in an effort to coordinate their programs.

History. Acts 1971, No. 38, § 9; A.S.A. 1947, § 5-909; Acts 1997, No. 1114, § 14; 2017, No. 866, § 1; 2019, No. 910, § 2384.

A.C.R.C. Notes. Acts 2017, No. 565, § 1, provided: “Transfer of the State Board of Private Career Education to the Department of Higher Education.

“(a)(1) The State Board of Private Career Education is transferred to the Department of Higher Education by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Higher Education shall be considered a principal department established by Acts 1971, No. 38.

“(b) All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing of the State Board of Private Career Education are transferred to the Department of Higher Education, except as specified by this act.

“(c) All powers, duties, and functions, including rulemaking, regulation, and licensing, promulgation of rules, rates, and standards, and the rendering of findings, orders, and adjudications of the State Board of Private Career Education are transferred to the Director of the Department of Higher Education.

“(d) The employee and designees of the State Board of Private Career Education shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the State Plant Board except as specified in this act.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 2017 amendment redesignated (b) as (b)(1) and (b)2); and substituted “in consultation with the Arkansas Higher Education Coordinating Board” for “by the Arkansas Higher Education Coordinating Board through a search and selection process that includes substantial input, review, and recommendation from the Presidents Council, subject to confirmation” in (b)(2).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); substituted “Director of the Division of Higher Education” for “Director of the Department of Higher Education” in (b)(1); substituted “Division of Higher Education” for “department” elsewhere throughout the section; added (b)(3); and inserted “and the Secretary of the Department of Education” in the first sentence in (d).

25-7-102. Center for Workforce Excellence.

  1. For the purpose of this section, “center” means the Center for Workforce Excellence.
    1. There is created the Center for Workforce Excellence which shall conduct a pilot project to assist industrial development through the coordination of training programs and services.
    2. The pilot project shall be a cooperative effort among Ouachita Technical College, Malvern High School, the Grande Nutrino Project Consortium, private industry, and other appropriate groups.
    3. Local industrial groups, local governmental units, and private enterprise should provide much of the financial support needed for the pilot project. Such support should include financial support for items such as office space, expenses, and utilities.
    4. The Ouachita Technical College Board shall establish guidelines governing the operation of the center.
    1. The goals of the center shall be to:
      1. Facilitate the development of students and workers, members of the “learning force” within Arkansas communities and companies, with a focus on workers' skills and workplace tools of the future, particularly high-level technical training and education; and
      2. Foster skills, knowledge, and understanding relevant to real-world jobs, careers, and lifestyles through the economic competitiveness of students, workers, communities, companies, and associated groups in a global political community.
    2. The center shall develop a strategic management plan to include initial industry services training, with a survey of existing facilities, opportunities for training within the potential project area, and development of a campaign plan to overcome training deficiencies in the areas through reliance on existing resources through the cooperation and development of new training capability through innovative low cost means.
    3. The center shall assist private industry in determining what training services and programs are available, the steps necessary to provide the training services and programs needed by the industry, and how long it would take to develop the needed training services and programs.
    1. The Ouachita Technical College Board shall establish a local advisory committee to provide guidance to the center in implementing the pilot project. The local advisory committee shall include representatives of Ouachita Technical College, Malvern High School, the Grande Nutrino Project Consortium, and private industry. The board may include representatives of other appropriate groups and organizations.
    2. The purpose of the local advisory committee shall be to assist the center in determining the proper focus for industrial development.
    3. The local advisory committee shall make recommendations concerning:
      1. “Soft skills”, interpersonal relationships such as discipline, self-reliance, and an ability to communicate properly;
      2. “Hard skills”, such as skills required of workers by technical training;
      3. Apprenticeship and internship programs for students and potential workers; and
      4. Other issues concerning the training and development of students and workers.

History. Acts 1992 (1st Ex. Sess.), No. 52, §§ 1-6; 1993, No. 665, § 1.

Cross References. Industrial development of business and industry generally, § 15-4-101 et seq.

25-7-103. [Repealed.]

Publisher's Notes. This section, concerning a postsecondary review entity, was repealed by Acts 1999, No. 478, § 10. The section was derived from Acts 1995, No. 198, §§ 1, 2; 1995, No. 355, §§ 1, 2.

Chapter 8 Department of Finance and Administration

A.C.R.C. Notes. Acts 2014, No. 275, § 20, provided: “ENTERPRISE FRAUD PILOT PROJECT STUDY.

“(a) The Office of Accounting of the Department of Finance and Administration shall conduct an interagency study to determine the most economical and efficient means of implementing an enterprise fraud pilot program that:

“(1) Detects and prevents fraud, waste, abuse, improper payments, and employer noncompliance within:

“(A) The Unemployment Insurance program of the Department of Workforce Services;

“(B) The Temporary Assistance for Needy Families Program; and

“(C) The Supplemental Nutritional Assistance Program (SNAP) of the Department of Human Services; and

“(2) Utilizes state-of-the-art enterprise fraud detection technology that further supports detection and prevention across state agencies, programs, and functions.

“(b) The office shall compare and contrast both agency-hosted and vender-hosted solutions.

“(c)(1) No later than October 24, 2014, the office shall report its findings and recommendations to:

“(A) The Legislative Council;

“(B) The Chair of the House Committee on State Agencies and Governmental Affairs; and

“(C) The Chair of the Senate Committee on State Agencies and Governmental Affairs.

“(2) The report shall include without limitation funding requirements and possible substantive law changes that would be necessary to implement agency-hosted and vender-hosted solutions.”

Acts 2015, No. 1069, § 20, provided: “ENTERPRISE FRAUD PILOT PROJECT.

“(a) So that savings to Arkansas businesses and taxpayers and recoveries may be realized as soon as possible, at the direction of the Governor, the Office of Accounting in the Department of Finance and Administration shall initiate the Enterprise Fraud Pilot Project focused on fraud, waste, abuse, and improper payments, and employer compliance within the Department of Workforce Services' Unemployment Insurance program, the Temporary Assistance for Needy Families program, and the Department of Human Services' Supplemental Nutrition Assistance Program that will implement state-of-the-art enterprise fraud detection technology that can further support detection and prevention across state agencies, programs and functions.

“(b) Unless precluded under federal law or regulation or under state law, the Department of Workforce Services' Unemployment Insurance program, the Temporary Assistance for Needy Families program, and the Department of Human Services' Supplemental Nutrition Assistance program may support and participate in the efforts of the Department to develop the Enterprise Fraud Pilot Project.

“(c) Unless precluded under federal law or regulation or state law, each state agency shall share any and all data under its control or administration that might have value in detecting or preventing fraud and abuse.

“(d) Upon initiation by the Governor, the request for a bid shall be sent to the Health Reform Legislative Task Force for review, and their recommendation shall be submitted to the Arkansas Legislative Council or Joint Budget Committee.

“(e) At the direction of the Governor, the department shall enter into a vendor license agreement for the operation of a vendor hosted fraud, waste, abuse and improper payments detection and prevention system. Vendor technology for the project shall include without limitation the following capabilities:

“(1) Automated detection and alerting;

“(2) Continuous monitoring of program transactions and activity, with the ability to identify, fraud, non-compliance and improper payments both prospectively and retrospectively;

“(3) The ability to detect non-traditional fraud such as program eligibility issues and identify theft;

“(4) Use of state-of-the-art analytical techniques, including without limitation;

“(A) Predictive modeling;

“(B) Complex pattern analysis;

“(C) Link analysis;

“(D) Text mining; and

“(E) Geospatial analysis;

“(5) Feedback and self-learning capability to adapt to changing schemes and trends;

“(6) Advanced entity resolution capabilities to create a holistic view of entities across state agencies, programs and databases; and

“(7) The ability to extend and adapt to all areas of state government; and

“(8) Demonstrate experience hosting sensitive and regulated state data.

“(f) The office shall enter into a vendor license agreement for the project in an amount not to exceed the potential cost savings as estimated by the office in cooperation with impacted state agencies under the project.

“(1) Payments shall be structured to coincide with expected savings.

“(g) Unless extended, the project shall expire 24 months after implementation;

“(h) After implementation, the Office of Accounting in the Department of Finance and Administration shall provide annual reports to the co-chairs of the Joint Performance Review Committee and the House and Senate Committees on State Agencies and the Health Reform Legislative Task Force;

“(i) A report under this section shall include without limitation:

“(1) Comprehensive data regarding the establishment and operations of the Enterprise Fraud Pilot Project; and

“(2) The resources and processes of each participating state agency to investigate the leads provided by the vendor; and

“(3) Incidents, types and amounts of fraud identified by state agency; and

“(4) The amount actually recovered as a result of fraud identifications by state agency; and

“(5) Expected cost avoidance through benefits not issued or denied, pre-payment intervention, and future behavior change through intervention; and

“(6) Procedural changes resulting from fraud identification and the timeline for implementation each by state agency.”

Acts 2016, No. 248, § 23, provided: “ENTERPRISE FRAUD PILOT PROJECT.

“(a) So that savings to Arkansas businesses and taxpayers and recoveries may be realized as soon as possible, at the direction of the Governor, the Office of Accounting in the Department of Finance and Administration shall initiate the Enterprise Fraud Pilot Project focused on fraud, waste, abuse, and improper payments, and employer compliance within the Department of Workforce Services' Unemployment Insurance program, the Temporary Assistance for Needy Families program, and the Department of Human Services' Supplemental Nutrition Assistance Program that will implement state-of-the-art enterprise fraud detection technology that can further support detection and prevention across state agencies, programs and functions.

“(b) Unless precluded under federal law or regulation or under state law, the Department of Workforce Services' Unemployment Insurance program, the Temporary Assistance for Needy Families program, and the Department of Human Services' Supplemental Nutrition Assistance program may support and participate in the efforts of the Department to develop the Enterprise Fraud Pilot Project.

“(c) Unless precluded under federal law or regulation or state law, each state agency shall share any and all data under its control or administration that might have value in detecting or preventing fraud and abuse.

“(d) Upon initiation by the Governor, the request for a bid shall be sent to the Health Reform Legislative Task Force for review, and their recommendation shall be submitted to the Arkansas Legislative Council or Joint Budget Committee.

“(e) At the direction of the Governor, the department shall enter into a vendor license agreement for the operation of a vendor hosted fraud, waste, abuse and improper payments detection and prevention system. Vendor technology for the project shall include without limitation the following capabilities:

“(1) Automated detection and alerting;

“(2) Continuous monitoring of program transactions and activity, with the ability to identify, fraud, non-compliance and improper payments both prospectively and retrospectively;

“(3) The ability to detect non-traditional fraud such as program eligibility issues and identify theft;

“(4) Use of state-of-the-art analytical techniques, including without limitation;

“(A) Predictive modeling;

“(B) Complex pattern analysis;

“(C) Link analysis;

“(D) Text mining; and

“(E) Geospatial analysis;

“(5) Feedback and self-learning capability to adapt to changing schemes and trends;

“(6) Advanced entity resolution capabilities to create a holistic view of entities across state agencies, programs and databases; and

“(7) The ability to extend and adapt to all areas of state government; and

“(8) Demonstrate experience hosting sensitive and regulated state data.

“(f) The office shall enter into a vendor license agreement for the project in an amount not to exceed the potential cost savings as estimated by the office in cooperation with impacted state agencies under the project.

“(1) Payments shall be structured to coincide with expected savings.

“(g) Unless extended, the project shall expire 24 months after implementation;

“(h) After implementation, the Office of Accounting in the Department of Finance and Administration shall provide annual reports to the co-chairs of the Joint Performance Review Committee and the House and Senate Committees on State Agencies and the Health Reform Legislative Task Force;

“(i) A report under this section shall include without limitation:

“(1) Comprehensive data regarding the establishment and operations of the Enterprise Fraud Pilot Project; and

“(2) The resources and processes of each participating state agency to investigate the leads provided by the vendor; and

“(3) Incidents, types and amounts of fraud identified by state agency; and

“(4) The amount actually recovered as a result of fraud identifications by state agency; and

“(5) Expected cost avoidance through benefits not issued or denied, pre-payment intervention, and future behavior change through intervention; and

“(6) Procedural changes resulting from fraud identification and the timeline for implementation each by state agency.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Cross References. Fiscal duties of Department of Finance and Administration, § 19-1-201 et seq.

Penalty for “hot checks” paid to Department of Finance and Administration, § 19-2-203.

Effective Dates. Acts 1967, No. 466, § 6: Mar. 31, 1967. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that planning must be made for the Personnel Division created herein and for the continuation of the studies authorized herein and an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force from the date of its approval.”

Acts 1967, No. 468, § 12: Mar. 31, 1967. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that several months preparation will be required for the transitions which are authorized herein on July 1, 1967, and in order to make these preparations this Act should take effect and be in force from the date of its approval. Therefore, an emergency is declared to exist, and this Act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force from the date of its approval.”

Acts 1968 (1st Ex. Sess.), No. 44, § 10: Feb. 21, 1968. Emergency clause provided: “It has been found and determined by the First Extraordinary Session of the Sixty-Sixth General Assembly that efficiency and economy are desirable traits in state government; that improved marketing and redistribution of property would provide better utilization of the state's assets; and that if certain economies and efficiency are going to be undertaken in state government, then the immediate passage of this act is necessary. Now, therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall take effect and be in full force from and after its passage and approval.”

Acts 1971, No. 38, §§ 23, 24: reorganizations under act to be completed on or before July 1, 1971. Act effective Feb. 4, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that there is an immediate need to establish a more responsive and responsible state government sufficiently flexible to meet changing conditions and to establish executive authority in those areas where executive responsibility presently lies and to promote economies in the operation of the government by the consolidation of various departments, boards, and commissions; and that only by the immediate passage of this act may procedures be established for effectuating a more responsive, responsible, and economic state government. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1972 (Ex. Sess.), No. 50, § 4: Feb. 18, 1972. Emergency clause provided: “It has been found and determined by the Sixty-Eighth General Assembly meeting in Extraordinary Session that Act 44 of 1968 should include such language that would enable the county, municipal, or other local government units to utilize the services of the Marketing and Redistribution Section of the Department of Finance and Administration. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1973, No. 806, § 8: July 1, 1973. Emergency clause provided: “It is hereby found and determined by the Sixty-Ninth General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two-year period; that the effectiveness of this act on July 1, 1973 is essential to the operation of the agency for which the appropriations in this act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1973 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1973.”

Acts 1973, No. 876, § 35: July 1, 1973. Emergency clause provided: “It being determined by the General Assembly that the proper and effective management and control of State finances requires that the provisions of this Act being necessary for the preservation of the public peace, health, and safety, an emergency is hereby declared to exist and this act shall be in full force and effect from and after July 1, 1973.”

Acts 1977, No. 436, § 2: July 1, 1977. Emergency clause provided: “It being determined by the General Assembly that the proper and effective management and control of State finances requires that the provisions of this Act be implemented at the commencement of the next biennium and this Act is necessary for the proper management of the financial affairs of the State, therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1977.”

Acts 1993, No. 931, § 34 and No. 957, § 14: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1995, No. 226, § 33: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1999, No. 1428, § 33: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1999 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 2007, No. 751, § 38: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act dissolves and transfers the duties of the Executive Chief Information Officer, Chief Information Officer, and Office of Information Technology; and that dissolving the offices at the beginning of the state's fiscal year will result in a more efficient transfer of responsibilities and funds. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Acts 2017, No. 365, § 29: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the fiscal year for employees begins on July 1 of every year and that the implementation of the Uniform Classification and Compensation Act is necessary to ensure the continued services and operations of the state. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2017.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

25-8-101. Secretary — Organization — Personnel — Definition.

    1. The Department of Finance and Administration shall consist of the divisions which existed as of July 1, 1971, within the State Administration Department and the Department of Revenues and any other divisions which may be created by law and placed under the Department of Finance and Administration, subject to the transfer of a division or department of the Department of Finance and Administration as a state entity under this act.
    2. There is created a Racing Division and an Alcoholic Beverage Control Division within the Department of Finance and Administration.
  1. The Secretary of the Department of Finance and Administration, with the advice and consent of the Governor, shall appoint the heads of the respective divisions. The secretary may appoint an Administrative Assistant for Revenue to serve as the secretary's agent. All other personnel of the Department of Finance and Administration shall be employed by and serve at the pleasure of the secretary, provided that nothing in this section shall be so construed as to reduce any right which an employee of the Department of Finance and Administration shall have under any civil service or merit system.
  2. Each division of the Department of Finance and Administration shall be under the direction, control, and supervision of the secretary. The secretary may delegate his or her functions, powers, and duties to the various divisions of the Department of Finance and Administration as he or she shall deem desirable and necessary for the effective and efficient operation of the Department of Finance and Administration.
  3. For the purposes of the tax, driver's license, and motor vehicle registration and licensing laws, the term “secretary” shall mean the Secretary of the Department of Finance and Administration, the Administrative Assistant for Revenue, or his or her authorized agent. The Administrative Assistant for Revenue shall act as the secretary's agent and take any and all actions necessary to administer the laws.

History. Acts 1971, No. 38, § 5; A.S.A. 1947, § 5-905; Acts 1993, No. 332, §§ 1, 2; 2019, No. 910, § 3564.

Publisher's Notes. Acts 1967, No. 468, abolished the Office of State Comptroller and transferred its powers and duties to the State Administration Department. It also transferred the State Purchasing Department into the State Administration Department.

Acts 1969, No. 286 transferred the powers, functions, and duties of the Division of Local Affairs and Audits of the State Administration Department to the Division of Local Affairs and Audits of the Division of Legislative Audit.

Acts 1971, No. 38, § 5, in part, transferred the State Administration Department and the Department of Revenue, by type 2 transfers, to the Department of Finance and Administration. The section also transferred the Surplus Property Program (§ 19-11-601 et seq.) to the Department by a type 2 transfer and located it in the Purchasing Division of the Office of State Purchasing. The section transferred the Arkansas Racing Commission (§ 23-110-201 et seq.), by a type 1 transfer, to the Division of Racing of the Department of Finance and Administration and transferred the Department of Alcoholic Beverage Control, by a type 1 transfer, to the Alcoholic Beverage Control Division of that department.

Acts 1971, No. 38, §§ 5 and 14, as amended by Acts 1973, No. 710, §§ 2 and 3, transferred the Enforcement Division of the Alcoholic Beverage Control Commission to the Department of Public Safety by a type 2 transfer. The Department of Public Safety was abolished by Acts 1981, No. 45, and § 9 of that act transferred the Enforcement Division to the Department of Finance and Administration where it operates as a separate division known as the Enforcement Division of Alcoholic Beverage Control.

Acts 1977, No. 884, § 4, abolished the Administrative Services Division of the Department of Finance and Administration and transferred all of its powers, duties, equipment, etc. respecting electronic data processing services and a central telephone system for state agencies to the Department of Information Systems (§ 25-4-101 et seq.). All duties of the Administrative Services Division not transferred to the Department of Computer Services were to be reassigned to other divisions by the Director of the Department of Finance and Administration.

Acts 1981, No. 764, § 4, transferred to the Department of Finance and Administration the powers and duties of the Department of Local Services (abolished) with respect to the Intergovernmental Personnel Act program, the HUD 701 program, and the revenue-sharing assistance program, and with respect to various state grant programs including, but not limited to, planning and development grants, state community grants, and the Ozark Regional Commission — State Contribution.

Acts 1987, No. 68, § 1, provided that the Surplus Property Program, § 19-11-601 et seq., which was transferred by a Type 2 transfer to the Department of Finance and Administration, was transferred by a Type 2 transfer to the Vocational and Technical Education Division of the State Department of Education.

Amendments. The 2019 amendment substituted “Secretary” for “Creation — Director” in the section heading; substituted “secretary” or “secretary’s” for “director” or “director’s” throughout the section; deleted former (a) and (b) and redesignated the remaining subsections accordingly; added “subject to the transfer of a division or department of the Department of Finance and Administration as a state entity under this act” at the end of (a)(1); substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b) and (d); and, in (c), substituted “secretary” for “director of the department” at the end of the first sentence and “Department of Finance and Administration” for “department” at the end of the last sentence.

Meaning of “this act”. The reference is to the Transformation and Efficiencies Act of 2019, Acts 2019, No. 910, which is codified throughout the Arkansas Code.

Cross References. Arkansas Information Systems Act, § 25-4-101 et seq.

25-8-102. Authority of secretary generally.

  1. The Secretary of the Department of Finance and Administration, with the approval of the Governor, may adopt reasonable rules and procedures, not inconsistent with the law, which he or she deems desirable for the effective administration of the Department of Finance and Administration and any of its divisions.
  2. The secretary shall have authority to install any recordkeeping and other procedures in his or her office and in other offices and departments of the state which he or she shall deem necessary or advisable to carry out his or her functions and duties. However, nothing in this section shall be construed to grant the secretary any authority to establish recordkeeping or other procedures, or rules with respect to the elected constitutional officers of the state, the General Assembly and its committees, or other agencies who are exempt from all or a part of the procedures set forth in the Arkansas Procurement Law, § 19-11-201 et seq., and the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq.
  3. The secretary may from time to time establish within the department any sections or other administrative units which he or she may deem desirable for the effective operation of the department and any division thereof, provided that the duties and functions of the sections or administrative units are within the purpose authorized by law.
  4. The secretary may appoint a designee to appear on behalf of the secretary at meetings of any board or commission of which the secretary is a member in his or her capacity as Secretary of the Department of Finance and Administration or Chief Fiscal Officer of the State. The designee may vote on behalf of the secretary.

History. Acts 1967, No. 468, § 8; A.S.A. 1947, § 5-808; Acts 2001, No. 243, § 1; 2019, No. 315, § 2912; 2019, No. 910, § 3565.

A.C.R.C. Notes. Acts 2014, No. 300, § 14, provided: “AUTHORITY TO EMPLOY CERTIFIED LAW ENFORCEMENT OFFICERS. The Director of the Department of Finance and Administration is authorized to employ not more than one (1) certified law enforcement officer as certified under § 12-9-101 et seq. The certified law enforcement officer employed under this section shall be responsible for maintaining order and providing for the security, protection, and safety of Department buildings, grounds, property, employees and customers. The certified law enforcement officer shall have the powers, duties, privileges, and immunities of a certified law enforcement officer.”

Acts 2015, No. 924, § 14, provided:

“AUTHORITY TO EMPLOY CERTIFIED LAW ENFORCEMENT OFFICERS. The Director of the Department of Finance and Administration is authorized to employ not more than one (1) certified law enforcement officer as certified under § 12-9-101 et seq. The certified law enforcement officer employed under this section shall be responsible for maintaining order and providing for the security, protection, and safety of Department buildings, grounds, property, employees and customers. The certified law enforcement officer shall have the powers, duties, privileges, and immunities of a certified law enforcement officer.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 117, § 14, provided:

“AUTHORITY TO EMPLOY CERTIFIED LAW ENFORCEMENT OFFICERS. The Director of the Department of Finance and Administration is authorized to employ not more than one (1) certified law enforcement officer as certified under § 12-9-101 et seq. The certified law enforcement officer employed under this section shall be responsible for maintaining order and providing for the security, protection, and safety of Department buildings, grounds, property, employees and customers. The certified law enforcement officer shall have the powers, duties, privileges, and immunities of a certified law enforcement officer.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Amendments. The 2019 amendment by No. 315 deleted “regulations” following “rules” in (a); and deleted “and regulations” following “rules” in (b).

The 2019 amendment by No. 910 substituted “secretary” for “director” in the section heading and (b), (c), and (d); and substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a) and (d).

25-8-103. [Repealed.]

Publisher's Notes. This section, concerning the Office of Personnel Management and the State Personnel Administrator, was repealed by Acts 2019, No. 910, § 6301, effective July 1, 2019. The section was derived from Acts 1967, No. 466, § 1; A.S.A. 1947, § 5-810; Acts 2017, No. 365, § 28; 2019, No. 392, § 2.

For current law, see § 25-43-1504.

25-8-104. Director of Division of Budgets and Accounting.

The Director of the Division of Budgets and Accounting shall be the Deputy Director of the Department of Finance and Administration. He or she shall have all functions, powers, and duties granted under § 19-1-203 and all other laws pertaining to his or her office and any other functions, powers, and duties which are assigned and delegated to him or her by the Secretary of the Department of Finance and Administration.

History. Acts 1967, No. 468, § 4; A.S.A. 1947, § 5-804; Acts 2019, No. 910, § 3566.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

25-8-105. Federal aid programs.

  1. The Department of Finance and Administration shall have and establish the functions, duties, powers, and responsibilities for the coordination of all federal aid programs within the state and shall provide assistance to any department seeking federal aid.
  2. All applications for federal grants submitted by state agencies shall be processed through the department. However, the Secretary of the Department of Finance and Administration shall have the discretion to authorize state agencies to file copies of grant applications with the department as a substitute for the processing requirement.

History. Acts 1971, No. 38, § 5; 1973, No. 710, § 2; A.S.A. 1947, § 5-905; Acts 2019, No. 910, § 3567.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b).

25-8-106. Marketing and redistribution of state personal property.

    1. This section applies only with respect to personal property.
    2. This section does not apply to or affect the:
      1. Disposition of surplus real property of the state; or
      2. Sale of plants, animals, or commodities of plants or animals by a public institution of higher education if the proceeds from the sale are used solely for agricultural research, extension, or teaching programs, including without limitation 4-H programs and Future Farmers of America programs.
    1. There is created within the Office of State Procurement a Marketing and Redistribution Section for the purpose of promoting and ensuring effective utilization of surplus state property.
      1. All state agencies, boards, commissions, departments, and colleges and universities are required and county, municipal, or other tax-supported institutions are authorized to utilize the services of the Marketing and Redistribution Section, unless specifically exempted in writing by the State Procurement Director.
        1. Nothing in this section shall be construed to make it mandatory that county, municipal, or other local government units utilize the services of the Marketing and Redistribution Section.
        2. Nothing in this section shall be construed to make it mandatory that any agency, department, division, office, board, commission, or institution of this state, including state-supported institutions of higher education, utilize the services of the Marketing and Redistribution Section in the sale of surplus computer equipment and electronics to state agency employees for a price not less than ten percent (10%) above depreciated value.
    2. The Department of Transformation and Shared Services shall maintain adequate and accurate records of the costs for operating the Marketing and Redistribution Section and is authorized to establish fair and reasonable charges for the services of the section. The charges for services shall be deposited in the State Treasury as nonrevenue receipts, there to be credited to the Property Sales Holding Fund for the operation, maintenance, and improvement of the Marketing and Redistribution Section.
  1. The office may maintain an inventory of furniture, equipment, and other items which shall be made available to state agencies on rental agreements based upon fair and reasonable rental values.
  2. The department is authorized to establish a fair and reasonable fee schedule for redistributing property between state agencies upon their request.
  3. Proceeds from the sale, transfer, or rental of property by the director shall be accounted for as follows:
    1. The purchasers, transferees, and lessees of property available for such purposes as are authorized by this section shall transmit to the office the agreed sale price, service charge, or rental fee;
    2. The office shall deposit the full amount of proceeds received, as set out above, in the State Treasury in the manner as provided by law; and
      1. Proceeds from the sale or transfer of property deposited in the State Treasury shall be classified as nonrevenue receipts and credited to the Property Sales Holding Fund herein created on the books of the Treasurer of State as a trust fund.
      2. Funds deposited in the Property Sales Holding Fund may be expended only by the selling or transferring agency under procedures established by the Chief Fiscal Officer of the State and appropriations provided by the General Assembly.
      3. However, funds deposited in the Property Sales Holding Fund from the sale of property purchased from agency cash funds may be refunded to the agency cash fund from which the original expenditure was made by the issuance of a warrant under procedures established by the Chief Fiscal Officer of the State and the Auditor of State to be payable from appropriations provided by the General Assembly for disposition of the proceeds.
  4. The Secretary of the Department of Transformation and Shared Services is authorized to promulgate reasonable rules, not inconsistent with law, for compliance with the provisions of this section, the Arkansas Procurement Law, § 19-11-201 et seq., the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., and the sale of surplus commodities to not-for-profit organizations under § 22-1-101.

History. Acts 1968 (1st Ex. Sess.), No. 44, §§ 1-7; 1972 (1st Ex. Sess.), No. 50, § 1; 1973, No. 806, §§ 4, 5; 1973, No. 876, § 30; 1977, No. 436, § 1; A.S.A. 1947, §§ 5-812 — 5-818; Acts 2001, No. 589, § 1; 2001, No. 1410, § 13; 2013, No. 1020, § 3; 2015, No. 686, § 1; 2017, No. 307, § 1; 2019, No. 910, §§ 3568-3570.

Amendments. The 2013 amendment added “the sale of surplus commodities to not-for-profit organizations under § 22-1-101” to the end of (f).

The 2015 amendment redesignated and rewrote former (a) as (a)(1); and added (a)(2).

The 2017 amendment redesignated former (a)(1) as (a)(1), the introductory language of (a)(2), and (a)(2)(A); redesignated former (a)(2) as (a)(2)(B); and substituted “4-H Foundation programs” for “Arkansas 4-H Foundation” in (a)(2)(B).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Office of State Procurement” in (b)(1) and at the end of (b)(2)(A); substituted “Department of Transformation and Shared Services” for “Department of Finance and Administration” in (b)(3); deleted “of the Department of Finance and Administration” preceding “shall” in the introductory language of (e); and substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” in (f).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Public Agencies, 24 U. Ark. Little Rock L. Rev. 601.

Case Notes

Cited: Beverly Enterprises-Arkansas, Inc. v. Ark. Health Servs. Comm'n, 308 Ark. 221, 824 S.W.2d 363 (1992).

25-8-107. Office of Child Support Enforcement.

  1. The Child Support Enforcement Unit of the Division of Economic and Medical Services of the Department of Human Services is hereby transferred by a type 2 transfer pursuant to § 25-2-105 to the Revenue Division of the Department of Finance and Administration and shall be known as the “Office of Child Support Enforcement”.
  2. All powers, duties, functions, records, property, and funds administered or provided by other support divisions within the Department of Human Services shall be transferred to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration on July 1, 1993.
  3. The Department of Human Services and the Division of Information Systems shall grant access to and provide information determined by the Office of Child Support Enforcement to be necessary to successfully accomplish its mission.

History. Acts 1993, No. 957, §§ 4, 7, 8; 2019, No. 910, § 6302.

Publisher's Notes. Acts 1993, No. 795, §§ 1-9, provided:

“SECTION 1. Effective July 1, 1993, the Child Support Enforcement Unit of the Department of Human Services shall be transferred by a Type 2 transfer to the Department of Finance and Administration Revenue Services Division.

“SECTION 2. All powers, duties, functions, records, property, and funds administered or provided by other support divisions within the Department of Human Services shall be transferred to the Office of Child Support Enforcement of the Department of Finance and Administration Revenue Services Division upon the effective date of the transfer.

“SECTION 3. The Department of Human Services and the Department of Computer Services shall grant access to and provide information as determined by the Office of Child Support Enforcement necessary to successfully accomplish their mission.

“SECTION 4. COMPLIANCE WITH OTHER LAWS. Disbursement of funds authorized by this Act shall be limited to the appropriation for such agency and funds made available by law for the support of such appropriations; and the restrictions of the State Purchasing Law, the General Accounting and Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary Procedures and Restrictions Act, or their successors, and other fiscal control laws of this State, where applicable, and regulations promulgated by the Department of Finance and Administration, as authorized by law, shall be strictly complied with in disbursement of said funds.

“SECTION 5. LEGISLATIVE INTENT. It is the intent of the General Assembly that any funds disbursed under the authority of the appropriations contained in this Act shall be in compliance with the stated reasons for which this Act was adopted, as evidenced by the Agency Requests, Executive Recommendations and Legislative Recommendations contained in the budget manuals prepared by the Department of Finance and Administration, letters, or summarized oral testimony in the official minutes of the Arkansas Legislative Council or Joint Budget Committee which relate to its passage and adoption.

“SECTION 6. CODE. All provisions of this Act of a general and permanent nature are amendatory to the Arkansas Code of 1987 Annotated and the Arkansas Code Revision Commission shall incorporate the same in the Code.

“SECTION 7. SEVERABILITY. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

“SECTION 8. GENERAL REPEALER. All laws and parts of laws in conflict with this Act are hereby repealed.

“SECTION 9. EMERGENCY CLAUSE. It is hereby found and determined by the Seventy-Ninth General Assembly meeting in Regular Session, that the provisions of this Act are of critical importance to preserve the efficient operation of programs that deliver services to the citizens of the State of Arkansas. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Amendments. The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in (c).

25-8-108. Contract labor.

The Secretary of the Department of Finance and Administration may authorize use of contract labor in the Revenue Division from January until July of a given year without regard to any limitation of duration or hours.

History. Acts 1993, No. 931, § 28; 1995, No. 226, § 26; 2019, No. 910, § 3571.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

25-8-109. Loans to marketing and redistribution.

In the event the moneys available in the Property Sales Holding Fund are not adequate during any month of each year of the fiscal biennium to meet the payroll commitments of the Marketing and Redistribution Section for the regular salaries and personal services matching appropriation, the Chief Fiscal Officer of the State is hereby authorized to make loans, from time to time as needed, from the Budget Stabilization Trust Fund to the Property Sales Holding Fund to provide the moneys required to meet the payroll and personal services matching appropriation requirements for any such month. Provided that, if at the end of each fiscal year the Property Sales Holding Fund did not receive sufficient income to repay the entire amount of any such moneys borrowed from the Budget Stabilization Trust Fund for the purposes as authorized herein, the Chief Fiscal Officer of the State is hereby authorized to transfer from the State Central Services Fund such amount as is necessary to reimburse the Budget Stabilization Trust Fund in behalf of loans made to the Property Sales Holding Fund to reimburse the Budget Stabilization Trust Fund for the amount of any such loan remaining unpaid at the end of each fiscal year.

History. Acts 1999, No. 1428, § 24; 2019, No. 910, § 3572.

Amendments. The 2019 amendment deleted “of the Department of Finance and Administration” following “Office of State Procurement” in the first sentence.

25-8-110. Duties of Department of Transformation and Shared Services and Department of Finance and Administration.

  1. The Department of Transformation and Shared Services shall:
    1. Develop retention schedules for control, preservation, protection, and disposition of the electronic records of state agencies under § 25-18-601 et seq.;
    2. Direct the development of policies and procedures that state agencies shall follow in developing information technology plans and technology-related budgets and technology project justification;
    3. Review procurements to ensure conformity with information policies and standards and state-level plans and implementation strategies;
    4. Advise state agencies on information technology contracts and agreements; and
    5. Develop and promulgate rules and guidelines governing the retention and management of public records commonly found in most state agencies under § 25-18-601 et seq.
    1. With assistance from the Division of Workforce Services, the Department of Finance and Administration shall establish and maintain a web page to:
      1. Provide a menu of links to employer-related state web applications for required reporting, tax payments, and other data submissions;
      2. Allow an employer to select a link based upon a desired type of function or application and be redirected to the appropriate agency web application; and
      3. Provide information about tax submissions, employment reports, and child support submissions on the respective agency sites, including without limitation due dates, payment options, and agency contact information.
    2. The initial scope of the web page shall include links to:
      1. Online taxpayer services administered by the Department of Finance and Administration through the Arkansas Taxpayer Access Point web page;
      2. Unemployment and new hire submissions administered by the division; and
      3. Information concerning employer reporting and payment functions provided by the Office of Child Support Enforcement.
    3. The web page shall be designed with sufficient flexibility to allow additional links to other state agencies to be added as appropriate.

History. Acts 2007, No. 751, § 22; 2013, No. 1458, § 2; 2019, No. 910, § 3573.

A.C.R.C. Notes. Acts 2013, No. 1458, § 1, provided: “Purpose and intent. The purpose of this act is to:

“(1) Create a public web page to:

“(A) Provide a menu of links to employer-related state web applications for required reporting, tax payments, and other data submissions; and

“(B) Allow an employer to select a link based upon a desired type of function or application and be redirected to the appropriate agency web application; and

“(2) Provide information about tax submissions, employment reports, and child support submissions on the respective agency sites, including without limitation due dates, payment options, and agency contact information.”

Amendments. The 2013 amendment added (6).

The 2019 amendment rewrote the section heading; designated the introductory language as (a) and designated former (6) as present (b), redesignating its subdivisions accordingly; substituted “Department of Transformation and Shared Service” for “Department of Finance and Administration” in the introductory language of (a); substituted “Division of Workforce Services, the Department of Finance and Administration shall establish” for “Department of Workforce Services, establish” in the introductory language of (b)(1); and substituted “Division of Workforce Services” for “Department of Workforce Services” in (b)(2)(B).

Chapter 9 Department of Health

25-9-101 — 25-9-107. [Repealed.]

Publisher's Notes. This chapter, concerning the Department of Health, was repealed by Acts 2019, No. 910, § 5116, effective July 1, 2019. The chapter was derived from the following sources:

25-9-101. Acts 1971, No. 38, § 11; A.S.A. 1947, § 5-9-11; 2001, No. 785, § 1; 2005, No. 1954, § 7; 2007, No. 384, § 7; 2013, No. 435, § 2.

25-9-103. Acts 1997, No. 768, § 32; 1999, No. 1426, § 31.

25-9-104. Acts 1997, No. 768, § 34.

25-9-105. Acts 1997, No. 768, § 41.

25-9-106. Acts 1999, No. 1219, § 1; 1999, No. 1426, § 50; 2013, No. 1107, § 44; 2015, No. 299, § 33; 2017, No. 707, § 290; 2017, No. 913, § 120.

25-9-107. Acts 1999, No. 1219, § 5; 2013, No. 1107, § 45; 2017, No. 707, § 291; 2017, No. 913, § 121.

Former § 25-9-102, concerning the Bureau of Alcohol and Drug Abuse Prevention, was repealed by Acts 2007, No. 827, § 194. The section was derived from Acts 1993, No. 890, §§ 1, 2.

For current law, see § 25-43-801 et seq.

Chapter 10 Department of Human Services

Subchapter 1 — General Provisions

A.C.R.C. Notes. Acts 1995, No. 1162, § 3 provided:

“All powers vested in the State Hospital Board and Arkansas Youth Services Board are hereby transferred by type one transfer to the DHS State Institutional System Board, and any reference to the State Hospital Board or the Arkansas Youth Services Board contained in the Arkansas Code of 1987 Annotated, shall be deemed to refer to the DHS State Institutional System Board.”

Acts 2014, No. 282, § 17, provided:

“TRANSFER AUTHORITY. The Director of the Department of Human Services shall have transfer authority provided by the following:

“(a) DEPARTMENT OF HUMAN SERVICES RENOVATION FUND. The Director of the Department of Human Services is authorized to request fund transfers according to the provisions established by Arkansas Code Ann. 19-5-1020, Department of Human Services Renovation Fund, as amended herein; and

“(b) MATCH TRANSFER. The Director of the Department of Human Services, with the approval of the Chief Fiscal Officer of the State, is authorized to effect inter-agency and inter-divisional fund transfers for the purpose of providing the State's matching share for payments made to that Division or Office or its service providers for services eligible for federal reimbursement under programs administered by the Department of Human Services. The Department of Human Services shall report to the Legislative Council or Joint Budget Committee on a quarterly basis all fund transfers made in accordance with the authority granted by this section; and

“(c) YOUTH SERVICES — HOUSING AND SEPARATION APPROPRIATION PROVISIONS. The Division of Youth Services (DYS) is authorized to fulfill its responsibility to house offenders between the ages of 18 and 21 and to separate juvenile offenders by age and seriousness of offense by either employing additional state employees and providing the corresponding operating expenses or entering into professional services contracts. If the Division of Youth Services determines that the Division needs to employ state employees to fulfill the housing and separation requirements, they may transfer up to the total amount appropriated for the DYS — Residential Services Program appropriation to the appropriate DYS appropriation and line items, upon approval of the Chief Fiscal Officer of the State, and prior review by the Legislative Council; and

“(d) REALLOCATION OF RESOURCES:

“(1) The Department of Human Services (DHS) provides hundreds of different services to over 1 million Arkansans. The specific mix of service needs and the funding and staffing required to provide them can vary significantly based on many factors, including natural disasters, changing federal mandates and funding sources, demographic shifts, fluctuating court-ordered services, social trends, and job market variations such as nursing shortages. The impact of these factors through the course of any fiscal year make it very difficult for the Department to accurately predict the exact needs for funding, appropriation and positions in each of its over 100 different appropriations. To ensure that it can respond quickly to changing client needs and make the most effective use of the resources allocated to it, the Department of Human Services shall be authorized to utilize the reallocation of resource authority to make the proper adjustments to the budgets within the Department. Therefore, upon determination by the Director of the Department of Human Services that a reallocation of resources within the department is necessary for the efficient and effective operation of the department, the director, with approval of the Governor, shall have the authority to request, from the Chief Fiscal Officer of the State, a transfer of positions, appropriations, line item appropriations, and funds within or between existing and newly created divisions, offices, sections, or units of the department. Provided, however, that no transfer of funds or appropriation that provides direct support or matching support for the Arkansas Medicaid Program shall be made to any other fund account or appropriation that does not directly support the Arkansas Medicaid Program. Further, no positions, funds, or appropriation authorized during the budget process for the Division of Children and Family Services compliance with initiatives established under the Angela R. consent decree shall be transferred to any other division. Nothing in this provision is intended to prevent the one-time transfers of savings in any other program to the Arkansas Medicaid Program, with the exception of the provisions previously cited for the Division of Children and Family Services — Angela R. consent decree. The Division of Developmental Disabilities — Grants to Community Providers line item of the Developmental Disabilities Services — Grants-in-Aid appropriation may not be decreased. The appropriation, funding, and positions provided for the five Human Development Centers shall remain at a level sufficient to ensure quality care for the Centers' residents. The exemptions provided in this subsection whereby certain DHS Programs and Divisions are protected from appropriation, fund, or position transfers are applicable only to the reallocation or transfer authority granted herein, and not by any reductions which are applicable to all state programs.

“The Director of the Department of Human Services shall submit any requests for transfers to and must receive approval of the requests for transfers from the Chief Fiscal Officer of the State, the Governor, and the Arkansas Legislative Council prior to the effective date of the transfers. Provided, however, that the Department of Human Services shall be limited to submitting no more than two reallocation of resources transfer requests during any fiscal year. In each Departmental request no single division will request reallocation for more than one purpose as listed in this section. Transfer authority for unforeseen purposes shall further be limited to no more than 5% of the total appropriation, funding, and positions authorized for the Department. Reallocation of resources transfers may include multiple items but shall be limited to the following purposes:

“i). Medicaid Program

“ii). Facilities and institutions costs, including operational expenses and construction/renovation/equipping expenses

“iii). Departmental grants and contracts

“iv). Court ordered settlements and payments

“v). Payment of administrative expenses, including but not limited to, overtime and other costs of personnel for critical services or functions necessary to carry out the mission of the agency

“vi). Restructuring efforts as deemed necessary to comply with new and/or unanticipated federal or state mandates

“vii). Redirecting internal resources, both direct and/or indirect, to meet client needs and services

“Determining the maximum number of employees and the maximum amount of appropriation and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization law. Further, the General Assembly has determined that the Department of Human Services may operate more efficiently if some flexibility is provided to the Department of Human Services authorizing broad powers under the Reallocation of Resources provisions herein. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“(2) If it is determined that the requested reallocation of resources transfers should be made, the Chief Fiscal Officer of the State shall then initiate the necessary transfer documents to reflect the transfers upon the fiscal records of the Treasurer of State, the Auditor of State, the Chief Fiscal Officer of the State, and the Department of Human Services. In addition, the Chief Fiscal Officer of the State, together with the Co-Chairpersons of the Legislative Council or Joint Budget Committee, may approve, on an emergency basis, requests for utilization of this Section without prior approval of the Arkansas Legislative Council, with any such actions reported at the next meeting of the Arkansas Legislative Council.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2014, No. 282, § 18, provided:

“NURSING/DIRECT CARE EDUCATION STIPEND PROGRAM. Special provision for a Nursing/Direct Care Education Stipend Program for the Department of Human Services is hereby authorized to pay from State and Federal Funds appropriated in each division Act. This program is for eligible nursing students who are attending accredited nursing institutions to become Registered or Licensed Practical Nurses, as well as Certified Nursing Assistants, Residential Care Assistants, Residential Care Technicians, Residential Care Supervisors and Behavioral Health Aides.

“The stipend is $5,000 per person per year. Any student who is awarded and accepts a stipend is under employment commitment to the respective DHS Division and is required to work for that division, in a full-time employee status effective immediately upon graduation. The student employment commitment is equal to the number of years the stipend was awarded and accepted. In the event of Employee/Student default of the employment commitment, the Employee/Student will be considered in breach of contract and repayment of the stipend will be required as specified in the Stipend Contract.

“Each division participating in the Education Stipend Program shall determine on an annual basis, the number of student stipends available.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2014, No. 282, § 19, provided:

“NURSING/DIRECT CARE RECRUITMENT/RETENTION BONUSES. Special provision to provide Nursing/Direct Care Recruitment and Retention Bonuses for the Department of Human Services is hereby authorized to pay from State and Federal funds appropriated for each respective division. Nursing/direct care service recruitment/retention bonuses are in addition to the maximum annual amounts provided in the Regular Salaries Section of the respective Division Act for Registered Nurse, Licensed Practical Nurse, Certified Nursing Assistant, Residential Care Assistant, Residential Care Technician, Residential Care Supervisor and Behavioral Health Aide. New hire nurses must be licensed by the Arkansas State Board of Nursing. The total recruitment/retention bonus payment commitment for eligible nurses shall not exceed $4,000 per Registered Nurse and $2,000 per Licensed Practical Nurse and $1,000 per Certified Nursing Assistant, Residential Care Assistant, Residential Care Technician, Residential Care Supervisor and Behavioral Health Aide.

“The lump sum bonus payments and employment commitment to the State will be made in partial payments as follows:

“Registered Nurse Classifications

“$1,000 after completing 6 months probationary employment

“$1,500 after completing 1st year employment

“$1,500 after completing 2nd year employment

“Licensed Practical Nurse Classifications

“$ 500 after completing 6 months probationary employment

“$ 500 after completing 1st year employment

“$1,000 after completing 2nd year employment

“Certified Nursing Assistant/Residential Care Assistant/Residential Care

“Technician/Residential Care Supervisor/Behavioral Health Aide

“Classifications

“$ 500 after completing 6 month probationary employment

“$ 500 after completing 1st year employment

“Any qualified person hired and offered bonus payment described herein will forfeit the balance of the payments if he/she voluntarily resigns or is terminated for cause from employment from the Department of Human Services prior to completing the required employment commitment time periods outlined above.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 928, § 17, provided:

“TRANSFER AUTHORITY. The Director of the Department of Human Services shall have transfer authority provided by the following:

“(a) DEPARTMENT OF HUMAN SERVICES RENOVATION FUND. The Director of the Department of Human Services is authorized to request fund transfers according to the provisions established by Arkansas Code Ann. 19-5-1020, Department of Human Services Renovation Fund, as amended herein; and

“(b) MATCH TRANSFER. The Director of the Department of Human Services, with the approval of the Chief Fiscal Officer of the State, is authorized to effect inter-agency and inter-divisional fund transfers for the purpose of providing the State's matching share for payments made to that Division or Office or its service providers for services eligible for federal reimbursement under programs administered by the Department of Human Services. The Department of Human Services shall report to the Legislative Council or Joint Budget Committee on a quarterly basis all fund transfers made in accordance with the authority granted by this section; and

“(c) YOUTH SERVICES — HOUSING AND SEPARATION APPROPRIATION PROVISIONS. The Division of Youth Services (DYS) is authorized to fulfill its responsibility to house offenders between the ages of 18 and 21 and to separate juvenile offenders by age and seriousness of offense by either employing additional state employees and providing the corresponding operating expenses or entering into professional services contracts. If the Division of Youth Services determines that the Division needs to employ state employees to fulfill the housing and separation requirements, they may transfer up to the total amount appropriated for the DYS — Residential Services Program appropriation to the appropriate DYS appropriation and line items, upon approval of the Chief Fiscal Officer of the State, and prior review by the Legislative Council; and

“(d) REALLOCATION OF RESOURCES: (1) The Department of Human Services (DHS) provides hundreds of different services to over 1 million Arkansans. The specific mix of service needs and the funding and staffing required to provide them can vary significantly based on many factors, including natural disasters, changing federal mandates and funding sources, demographic shifts, fluctuating court-ordered services, social trends, and job market variations such as nursing shortages. The impact of these factors through the course of any fiscal year make it very difficult for the Department to accurately predict the exact needs for funding, appropriation and positions in each of its over 100 different appropriations. To ensure that it can respond quickly to changing client needs and make the most effective use of the resources allocated to it, the Department of Human Services shall be authorized to utilize the reallocation of resource authority to make the proper adjustments to the budgets within the Department. Therefore, upon determination by the Director of the Department of Human Services that a reallocation of resources within the department is necessary for the efficient and effective operation of the department, the director, with approval of the Governor, shall have the authority to request, from the Chief Fiscal Officer of the State, a transfer of positions, appropriations, line item appropriations, and funds within or between existing and newly created divisions, offices, sections, or units of the department. Provided, however, that no transfer of funds or appropriation that provides direct support or matching support for the Arkansas Medicaid Program shall be made to any other fund account or appropriation that does not directly support the Arkansas Medicaid Program. Further, no positions, funds, or appropriation authorized during the budget process for the Division of Children and Family Services compliance with initiatives established under the Angela R. consent decree shall be transferred to any other division. Nothing in this provision is intended to prevent the one-time transfers of savings in any other program to the Arkansas Medicaid Program, with the exception of the provisions previously cited for the Division of Children and Family Services — Angela R. consent decree. The Division of Developmental Disabilities — Grants to Community Providers line item of the Developmental Disabilities Services — Grants-in-Aid appropriation may not be decreased. The appropriation, funding, and positions provided for the five Human Development Centers shall remain at a level sufficient to ensure quality care for the Centers' residents. The exemptions provided in this subsection whereby certain DHS Programs and Divisions are protected from appropriation, fund, or position transfers are applicable only to the reallocation or transfer authority granted herein, and not by any reductions which are applicable to all state programs.

“The Director of the Department of Human Services shall submit any requests for transfers to and must receive approval of the requests for transfers from the Chief Fiscal Officer of the State, the Governor, and the Arkansas Legislative Council prior to the effective date of the transfers. Provided, however, that the Department of Human Services shall be limited to submitting no more than two reallocation of resources transfer requests during any fiscal year. In each Departmental request no single division will request reallocation for more than one purpose as listed in this section. Transfer authority for unforeseen purposes shall further be limited to no more than 5% of the total appropriation, funding, and positions authorized for the Department. Reallocation of resources transfers may include multiple items but shall be limited to the following purposes:

“i). Medicaid Program

“ii). Facilities and institutions costs, including operational expenses and construction/renovation/equipping expenses

“iii). Departmental grants and contracts

“iv). Court ordered settlements and payments

“v). Payment of administrative expenses, including but not limited to, overtime and other costs of personnel for critical services or functions necessary to carry out the mission of the agency

“vi). Restructuring efforts as deemed necessary to comply with new and/or unanticipated federal or state mandates

“vii). Redirecting internal resources, both direct and/or indirect, to meet client needs and services

“Determining the maximum number of employees and the maximum amount of appropriation and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization law. Further, the General Assembly has determined that the Department of Human Services may operate more efficiently if some flexibility is provided to the Department of Human Services authorizing broad powers under the Reallocation of Resources provisions herein. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“(2) If it is determined that the requested reallocation of resources transfers should be made, the Chief Fiscal Officer of the State shall then initiate the necessary transfer documents to reflect the transfers upon the fiscal records of the Treasurer of State, the Auditor of State, the Chief Fiscal Officer of the State, and the Department of Human Services. In addition, the Chief Fiscal Officer of the State, together with the Co-Chairpersons of the Legislative Council or Joint Budget Committee, may approve, on an emergency basis, requests for utilization of this Section without prior approval of the Arkansas Legislative Council, with any such actions reported at the next meeting of the Arkansas Legislative Council.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2015, No. 928, § 18, provided:

“NURSING/DIRECT CARE EDUCATION STIPEND PROGRAM. Special provision for a Nursing/Direct Care Education Stipend Program for the Department of Human Services is hereby authorized to pay from State and Federal Funds appropriated in each division Act. This program is for eligible nursing students who are attending accredited nursing institutions to become Registered or Licensed Practical Nurses, as well as Certified Nursing Assistants, Residential Care Assistants, Residential Care Technicians, Residential Care Supervisors and Behavioral Health Aides.

“The stipend is $5,000 per person per year. Any student who is awarded and accepts a stipend is under employment commitment to the respective DHS Division and is required to work for that division, in a full-time employee status effective immediately upon graduation. The student employment commitment is equal to the number of years the stipend was awarded and accepted. In the event of Employee/Student default of the employment commitment, the Employee/Student will be considered in breach of contract and repayment of the stipend will be required as specified in the Stipend Contract.

“Each division participating in the Education Stipend Program shall determine on an annual basis, the number of student stipends available.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2015, No. 928, § 19, provided:

“NURSING/DIRECT CARE RECRUITMENT/RETENTION BONUSES. Special provision to provide Nursing/Direct Care Recruitment and Retention Bonuses for the Department of Human Services is hereby authorized to pay from State and Federal funds appropriated for each respective division. Nursing/direct care service recruitment/retention bonuses are in addition to the maximum annual amounts provided in the Regular Salaries Section of the respective Division Act for Registered Nurse, Licensed Practical Nurse, Certified Nursing Assistant, Residential Care Assistant, Residential Care Technician, Residential Care Supervisor and Behavioral Health Aide. New hire nurses must be licensed by the Arkansas State Board of Nursing. The total recruitment/retention bonus payment commitment for eligible nurses shall not exceed $4,000 per Registered Nurse and $2,000 per Licensed Practical Nurse and $1,000 per Certified Nursing Assistant, Residential Care Assistant, Residential Care Technician, Residential Care Supervisor and Behavioral Health Aide.

“The lump sum bonus payments and employment commitment to the State will be made in partial payments as follows:

“Registered Nurse Classifications

“$1,000 after completing 6 months probationary employment

“$1,500 after completing 1st year employment

“$1,500 after completing 2nd year employment

“Licensed Practical Nurse Classifications

“$ 500 after completing 6 months probationary employment

“$ 500 after completing 1st year employment

“$1,000 after completing 2nd year employment

“Certified Nursing Assistant/Residential Care Assistant/Residential Care Technician/Residential Care Supervisor/Behavioral Health Aide Classifications

“$ 500 after completing 6 month probationary employment

“$ 500 after completing 1st year employment

“Any qualified person hired and offered bonus payment described herein will forfeit the balance of the payments if he/she voluntarily resigns or is terminated for cause from employment from the Department of Human Services prior to completing the required employment commitment time periods outlined above.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 246, § 21, provided: “NURSING/DIRECT CARE EDUCATION STIPEND PROGRAM. Special provision for a Nursing/Direct Care Education Stipend Program for the Arkansas Department of Health (ADH) is hereby authorized to pay from funds appropriated in this Act. This program is for eligible nursing students who are attending accredited nursing institutions to become Registered or Licensed Practical Nurses.

“The stipend is five thousand dollars ($5,000) per person per year. Any student who is awarded and accepts a stipend is under an employment commitment to the ADH and is required to work in a full-time employee status effective immediately upon graduation. The student employment commitment is equal to the number of years the stipend was awarded and accepted. In the event of Employee/Student default of the employment commitment, the Employee/Student will be considered in breach of contract and repayment of the stipend will be required as specified in the Stipend Contract.

“The ADH shall determine, on an annual basis, the number of student stipends available due to the availability of funds and the need for direct care services.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2016, No. 268, § 17, provided: “TRANSFER AUTHORITY.

The Director of the Department of Human Services shall have transfer authority provided by the following:

“(a) DEPARTMENT OF HUMAN SERVICES RENOVATION FUND. The Director of the Department of Human Services is authorized to request fund transfers according to the provisions established by Arkansas Code Ann. 19-5-1020, Department of Human Services Renovation Fund, as amended herein; and

“(b) MATCH TRANSFER. The Director of the Department of Human Services, with the approval of the Chief Fiscal Officer of the State, is authorized to effect inter-agency and inter-divisional fund transfers for the purpose of providing the State's matching share for payments made to that Division or Office or its service providers for services eligible for federal reimbursement under programs administered by the Department of Human Services. The Department of Human Services shall report to the Legislative Council or Joint Budget Committee on a quarterly basis all fund transfers made in accordance with the authority granted by this section; and

“(c) YOUTH SERVICES — HOUSING AND SEPARATION APPROPRIATION PROVISIONS. The Division of Youth Services (DYS) is authorized to fulfill its responsibility to house offenders between the ages of 18 and 21 and to separate juvenile offenders by age and seriousness of offense by either employing additional state employees and providing the corresponding operating expenses or entering into professional services contracts. If the Division of Youth Services determines that the Division needs to employ state employees to fulfill the housing and separation requirements, they may transfer up to the total amount appropriated for the DYS — Residential Services Program appropriation to the appropriate DYS appropriation and line items, upon approval of the Chief Fiscal Officer of the State, and prior review by the Legislative Council; and

“(d) REALLOCATION OF RESOURCES:

“(1) The Department of Human Services (DHS) provides hundreds of different services to over 1 million Arkansans. The specific mix of service needs and the funding and staffing required to provide them can vary significantly based on many factors, including natural disasters, changing federal mandates and funding sources, demographic shifts, fluctuating court-ordered services, social trends, and job market variations such as nursing shortages. The impact of these factors through the course of any fiscal year make it very difficult for the Department to accurately predict the exact needs for funding, appropriation and positions in each of its over 100 different appropriations. To ensure that it can respond quickly to changing client needs and make the most effective use of the resources allocated to it, the Department of Human Services shall be authorized to utilize the reallocation of resource authority to make the proper adjustments to the budgets within the Department. Therefore, upon determination by the Director of the Department of Human Services that a reallocation of resources within the department is necessary for the efficient and effective operation of the department, the director, with approval of the Governor, shall have the authority to request, from the Chief Fiscal Officer of the State, a transfer of positions, appropriations, line item appropriations, and funds within or between existing and newly created divisions, offices, sections, or units of the department. Provided, however, that no transfer of funds or appropriation that provides direct support or matching support for the Arkansas Medicaid Program shall be made to any other fund account or appropriation that does not directly support the Arkansas Medicaid Program. Further, no positions, funds, or appropriation authorized during the budget process for the Division of Children and Family Services compliance with initiatives established under the Angela R. consent decree shall be transferred to any other division. Nothing in this provision is intended to prevent the one-time transfers of savings in any other program to the Arkansas Medicaid Program, with the exception of the provisions previously cited for the Division of Children and Family Services — Angela R. consent decree. The Division of Developmental Disabilities — Grants to Community Providers line item of the Developmental Disabilities Services — Grants-in-Aid appropriation may not be decreased. The appropriation, funding, and positions provided for the five Human Development Centers shall remain at a level sufficient to ensure quality care for the Centers' residents. The exemptions provided in this subsection whereby certain DHS Programs and Divisions are protected from appropriation, fund, or position transfers are applicable only to the reallocation or transfer authority granted herein, and not by any reductions which are applicable to all state programs.

“The Director of the Department of Human Services shall submit any requests for transfers to and must receive approval of the requests for transfers from the Chief Fiscal Officer of the State, the Governor, and the Arkansas Legislative Council prior to the effective date of the transfers. Provided, however, that the Department of Human Services shall be limited to submitting no more than two reallocation of resources transfer requests during any fiscal year. In each Departmental request no single division will request reallocation for more than one purpose as listed in this section. Transfer authority for unforeseen purposes shall further be limited to no more than 5% of the total appropriation, funding, and positions authorized for the Department. Reallocation of resources transfers may include multiple items but shall be limited to the following purposes:

“i). Medicaid Program

“ii). Facilities and institutions costs, including operational expenses and construction/renovation/equipping expenses

“iii). Departmental grants and contracts

“iv). Court ordered settlements and payments

“v). Payment of administrative expenses, including but not limited to, overtime and other costs of personnel for critical services or functions necessary to carry out the mission of the agency

“vi). Restructuring efforts as deemed necessary to comply with new and/or unanticipated federal or state mandates

“vii). Redirecting internal resources, both direct and/or indirect, to meet client needs and services

“Determining the maximum number of employees and the maximum amount of appropriation and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization law. Further, the General Assembly has determined that the Department of Human Services may operate more efficiently if some flexibility is provided to the Department of Human Services authorizing broad powers under the Reallocation of Resources provisions herein. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“(2) If it is determined that the requested reallocation of resources transfers should be made, the Chief Fiscal Officer of the State shall then initiate the necessary transfer documents to reflect the transfers upon the fiscal records of the Treasurer of State, the Auditor of State, the Chief Fiscal Officer of the State, and the Department of Human Services. In addition, the Chief Fiscal Officer of the State, together with the Co-Chairpersons of the Legislative Council or Joint Budget Committee, may approve, on an emergency basis, requests for utilization of this Section without prior approval of the Arkansas Legislative Council, with any such actions reported at the next meeting of the Arkansas Legislative Council.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2016, No. 268, § 18, provided: “NURSING/DIRECT CARE EDUCATION STIPEND PROGRAM. Special provision for a Nursing/Direct Care Education Stipend Program for the Department of Human Services is hereby authorized to pay from State and Federal Funds appropriated in each division Act. This program is for eligible nursing students who are attending accredited nursing institutions to become Registered or Licensed Practical Nurses, as well as Certified Nursing Assistants, Residential Care Assistants, Residential Care Technicians, Residential Care Supervisors and Behavioral Health Aides.

“The stipend is $5,000 per person per year. Any student who is awarded and accepts a stipend is under employment commitment to the respective DHS Division and is required to work for that division, in a full-time employee status effective immediately upon graduation. The student employment commitment is equal to the number of years the stipend was awarded and accepted. In the event of Employee/Student default of the employment commitment, the Employee/Student will be considered in breach of contract and repayment of the stipend will be required as specified in the Stipend Contract.

“Each division participating in the Education Stipend Program shall determine on an annual basis, the number of student stipends available.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2016, No. 268, § 19, provided: “NURSING/DIRECT CARE RECRUITMENT/RETENTION BONUSES. Special provision to provide Nursing/Direct Care Recruitment and Retention Bonuses for the Department of Human Services is hereby authorized to pay from State and Federal funds appropriated for each respective division. Nursing/direct care service recruitment/retention bonuses are in addition to the maximum annual amounts provided in the Regular Salaries Section of the respective Division Act for Registered Nurse, Licensed Practical Nurse, Certified Nursing Assistant, Residential Care Assistant, Residential Care Technician, Residential Care Supervisor and Behavioral Health Aide. New hire nurses must be licensed by the Arkansas State Board of Nursing. The total recruitment/retention bonus payment commitment for eligible nurses shall not exceed $4,000 per Registered Nurse and $2,000 per Licensed Practical Nurse and $1,000 per Certified Nursing Assistant, Residential Care Assistant, Residential Care Technician, Residential Care Supervisor and Behavioral Health Aide.

“The lump sum bonus payments and employment commitment to the State will be made in partial payments as follows:

“Registered Nurse Classifications

“$1,000 after completing 6 months probationary employment

“$1,500 after completing 1st year employment

“$1,500 after completing 2nd year employment

“Licensed Practical Nurse Classifications

“$ 500 after completing 6 months probationary employment

“$ 500 after completing 1st year employment

“$1,000 after completing 2nd year employment

“Certified Nursing Assistant/Residential Care Assistant/Residential Care Technician/Residential Care Supervisor/Behavioral Health Aide Classifications

“$ 500 after completing 6 month probationary employment

“$ 500 after completing 1st year employment

“Any qualified person hired and offered bonus payment described herein will forfeit the balance of the payments if he/she voluntarily resigns or is terminated for cause from employment from the Department of Human Services prior to completing the required employment commitment time periods outlined above.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2017, No. 854, § 17, provided: “NURSING/DIRECT CARE EDUCATION STIPEND PROGRAM.

Special provision for a Nursing/Direct Care Education Stipend Program for the Arkansas Department of Health (ADH) is hereby authorized to pay from funds appropriated in this Act. This program is for eligible nursing students who are attending accredited nursing institutions to become Advanced Practice Nurses.

“The stipend is seven thousand five hundred ($7,500) per person per year. Any student who is awarded and accepts a stipend is under an employment commitment to the ADH and is required to work in a full-time employee status effective immediately upon graduation. The student employment commitment is equal to the number of years the stipend was awarded and accepted. In the event of Employee/Student default of the employment commitment, the Employee/Student will be considered in breach of contract and repayment of the stipend will be required as specified in the Stipend Contract.

“The ADH shall determine, on an annual basis, the number of student stipends available due to the availability of funds and the need for direct care services.

“The provisions of this section shall be in effect only from July 1, 2017 through June 30, 2018.”

Cross References. Abuse of adults, § 5-28-101 et seq.

Human development, § 20-48-101 et seq.

Title XX Social Security funds, § 19-7-701 et seq.

Youth services, § 9-28-201 et seq.

Effective Dates. Acts 1971, No. 38, §§ 23, 24: Feb. 4, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that there is an immediate need to establish a more responsive and responsible state government sufficiently flexible to meet changing conditions and to establish executive authority in those areas where executive responsibility presently lies and to promote economies in the operation of the government by the consolidation of various departments, boards, and commissions; and that only by the immediate passage of this act may procedures be established for effectuating a more responsive, responsible, and economic state government. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 340, § 5: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that the provisions of this Act are essential to the operation of the institutions named herein. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1975.”

Acts 1977, No. 787, § 16: July 1, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1977 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1977 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1977.”

Acts 1981, No. 764, § 13: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly that various programs now administered by the Department of Local Services could more appropriately be administered by other existing agencies which administer similar and related programs; that this Act is designed to accomplish this purpose and in order to assure an orderly transition and consolidation of such programs it is essential that this Act become effective on July 1, 1981; that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1981, is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1981, could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1983, No. 307, § 11: July 1, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1983 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1983 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1983.”

Acts 1985, No. 348, § 16: July 1, 1985.

Acts 1985, No. 772, § 19: July 1, 1985. Emergency clause provided: “It is hereby found and determined by the Seventy-Fifth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1985 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1985 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1985.”

Acts 1987, No. 961, § 25: July 1, 1987. Emergency clause provided: “It is hereby found and determined by the Seventy-Sixth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1987 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1987 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1987.”

Acts 1989 (1st Ex. Sess.), No. 44, § 18: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1989 (1st Ex. Sess.), No. 68, § 33: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1991, No. 1082, § 28: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1991, No. 1085, § 35: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1993, No. 1239, § 125: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, Section 119 shall be in full force and effect from and after the date of passage and approval and the remainder of the Act shall be in full force and effect from and after July 1, 1993.”

Acts 1995, No. 1198, § 110: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety; Section 99 shall be in full force and effect from and after the date of passage and approval and the remainder of the Act shall be in full force and effect from and after July 1, 1995.”

Acts 1997, No. 324, § 9: Mar. 3, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 10 of the First Extraordinary Session of 1995 abolished the Joint Interim Committee on State Agencies and Governmental Affairs and in its place established the House Interim Committee and Senate Interim Committee on State Agencies and Governmental Affairs; that various sections of the Arkansas Code refer to the Joint Interim Committee on State Agencies and Governmental Affairs and should be corrected to refer to the House and Senate Interim Committees on State Agencies and Governmental Affairs; that this act so provides; and that this act should go into effect immediately in order to make the laws compatible as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1360, § 132: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, Section 115 shall be in full force and effect from and after the date of passage and approval and the remainder of the Act shall be in full force and effect from and after July 1, 1997.”

Acts 2003, No. 1717, § 3: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the provisions of this act are of critical importance to preserve the efficient operation of programs that deliver services for the prevention and treatment of alcohol and drug abuse in Arkansas. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2007, No. 384, § 11: Mar. 19, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that many services delivered by the various divisions, offices, and units the Department of Health and Human Services are essential to the public health, safety, and welfare; that the state fiscal year begins July 1; that beginning the process of decoupling the Division of Health of the Department of Health and Human Services from the Department of Health and Human Services during a fiscal year will cause disruptions of services and unnecessary time, effort, and expense in reallocating appropriations, budgets, personnel, equipment, and capital expenditures during a fiscal year; and that this act is immediately necessary because a delay beyond the beginning of the fiscal year will disrupt essential programs and services. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 862, § 5: provided: “This act shall take effect upon the occurrence of the following: (1) The Director of the Division of Aging and Adult Services of the Department of Health and Human Services determines that adequate appropriation, funding, and positions are available to carry out a public guardianship program for adults; and (2) The director appoints an employee of the Division of Aging and Adult Services to serve as Public Guardian for Adults.”

Acts 2009, No. 778, § 4: Apr. 3, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the transportation of children is an integral part of child care services and subjects the children to a risk of injury which can be minimalized and insured against; and that this act is immediately necessary to provide protection to children served by various child care centers. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 528, § 6: Mar. 28, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the home visiting networks provide important services to Arkansas's most vulnerable citizens, our infants and toddlers; that the agencies administering home visiting programs need to ensure the accountability of these programs; and that these changes need to be made immediately so that planning and coordination among the agencies comply in a timely manner with the reporting requirements. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 1499, § 5: July 1, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the oversight and audit of the state's Medicaid program is essential to its continued operation; that the creation of the Office of the Medicaid Inspector General will ensure that fraud, waste, and abuse are found in a timely manner; and that this act is necessary to ensure that state and federal monies are not misspent. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July, 1, 2013.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

25-10-101. [Repealed.]

Publisher's Notes. This section, concerning creation of the department and appointment of the director, was repealed by 2019, No. 910, § 5241, effective July 1, 2019. The section was derived from Acts 1971, No. 38, § 12; A.S.A. 1947, § 5-912; Acts 2005, No. 1954, § 8; Acts 2007, No. 384, § 8.

25-10-102. Organization generally.

  1. The Department of Human Services is a cabinet-level department and shall consist of and be operated under an integrated service system consisting of the following programmatic divisions with responsibilities and programs assigned to them as determined by the Secretary of the Department of Human Services and those state entities transferred to the Department of Human Services pursuant to a cabinet-level department transfer under § 25-43-902:
    1. The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;
    2. The Division of Medical Services;
    3. The Division of Developmental Disabilities Services;
    4. The Division of County Operations;
    5. The Division of Youth Services;
    6. The Division of Children and Family Services;
    7. The Division of Child Care and Early Childhood Education; and
    8. The Division of Provider Services and Quality Assurance.
  2. The Secretary's Office of the Department of Human Services shall consist of:
    1. The Secretary of the Department of Human Services and his or her personal staff; and
    2. Shared business services operating across the divisions, offices, sections, and units of the department, including without limitation business operations and administrative functions determined necessary by the secretary.
      1. Each division of the department shall be under the direction, control, and supervision of the secretary.
      2. From time to time, the secretary may transfer or assign existing duties or new programs or duties of the department to offices, sections, or units as he or she deems necessary for the efficient and necessary operation of the department.
      3. Before implementation of any reorganization, the secretary shall obtain the advice of the House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs.
      1. However, the state institutions and the operation of state institutional programs under the jurisdiction of the Board of Developmental Disabilities Services and the Department of Human Services State Institutional System Board shall be under the control of their respective boards, as provided by law.
      2. The Board of Developmental Disabilities Services and the Department of Human Services State Institutional System Board shall perform their respective functions and duties under the general guidelines and standards promulgated by the secretary.
    1. “Rulemaking, regulation, and licensing, promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications as established by law for the Division of Health of the Department of Health and Human Services, except as otherwise specified in this act.

History. Acts 1971, No. 38, § 12; 1985, No. 348, § 1; A.S.A. 1947, §§ 5-912, 5-912b; Acts 1989, No. 60, § 1; 1995, No. 164, § 1; 1997, No. 324, § 3; 2001, No. 1213, § 1; 2001, No. 1553, § 56; 2003, No. 1717, § 1; 2005, No. 1954, § 9; 2007, No. 384, § 9; 2007, No. 862, § 2; 2009, No. 549, § 1; 2011, No. 42, § 2; 2013, No. 980, § 18; 2013, No. 1107, § 46; 2015, No. 1203, § 1; 2017, No. 913, § 4; 2019, No. 910, § 5242.

A.C.R.C. Notes. Acts 1985, No. 348, § 1, provided, in part, that all divisions, offices, sections, bureaus, and units, all boards, other than the State Hospital Board, the Board of Developmental Disabilities Services, the Arkansas Youth Services Board, the Division of State Services for the Blind, the Board of the Division of State Services for the Blind, and all other boards and programs specifically continued under the act which existed within the Department of Human Services on July 1, 1985, were abolished and their powers and duties transferred to the nine (9) divisions established by the act as determined by the Director of the Department of Human Services with the advice of the Joint Interim Committee on State Agencies and Governmental Affairs.

The section further provided that the Division of State Services for the Blind and the Board of the Division of State Services for the Blind, § 25-10-201 et seq., would continue to function within the Department of Human Services with the same powers prescribed in § 25-10-201 et seq. but that, for organizational purposes, they should be assigned to divisions or offices of the department as determined by the director. The Office on Alcohol and Drug Abuse Prevention and the Arkansas Alcohol and Drug Abuse Authority would continue to function within the department as outlined in § 20-64-601 et seq. The Long-Term Care Facility Advisory Board, § 20-10-301, the Office of Long-Term Care, § 20-10-101 et seq., and the Child Care Facility Review Board, § 20-78-201 et seq., and their powers and duties, would continue and would be assigned to other divisions or offices of the department as determined by the director. The Advisory Committee on Child Placement was continued and the powers and duties of the Commissioner of the Division of Social Services under § 9-28-401 et seq. were to be performed by the other divisions or offices of the department as determined by the director.

Acts 1985, No. 348, § 12, provided, in part, that if, as a result of the reorganization of the Department of Human Services, any of the facilities or any space in any of the facilities belonging to or assigned to the State Hospital Board, the Youth Services Board, the Developmental Disabilities Services Board, or any of the institutions under the management and control of those boards was no longer required to provide services of the institution, the Governor could transfer the facility or space within any facility to the Department of Human Services to be used in performing its functions and duties. Before transferring facilities or space, the Governor must confer with the board having charge over the facility and give the Director of the Department of Human Services an opportunity to outline the department's needs for space and the purpose for which the space would be used if made available to the department.

Acts 1985, No. 772, § 14, provided that in order to accomplish the reorganization, any laws or parts of laws in effect at the time of the passage of the reorganization law which referred to specific divisions or entities in the Department of Human Services would be construed to refer to the successor entity designated by the Director of the Department of Human Services in accordance with the reorganization. It further provided that nothing in the reorganization would affect the orders, rules, regulations, and standards previously promulgated by any department, division, bureau, board, commission, council, or other section of the Department of Human Services, whose functions, powers, and duties were assigned or transferred to a successor entity designated by the director in implementing the reorganization of the department. Those orders, rules, regulations, and standards would continue with full force and effect until amended or repealed pursuant to law.

Acts 1987, No. 921, § 14, provided that:

“It is hereby found and determined by the Seventy-Sixth General Assembly that regional offices tend to create inefficiency in the operation of the programs and services provided by the Department of Human Services. Therefore, no office of the Department of Human Services shall be called a “Regional Office”, nor shall any function of any office, other than the Department of Human Services Central Office, include supervision of any district Department of Human Services Office.”

Acts 1989, No. 60 created the Division on Alcohol and Drug Abuse Prevention within the Department of Human Services and provided that references to the Office of Alcohol and Drug Abuse Prevention shall be applicable to the Division on Alcohol and Drug Abuse Prevention.

Acts 1993, No. 574, § 1, provided:

“Effective July 1, 1993, the Division of Rehabilitation Services of the Department of Human Services is transferred to the Division of Vocational and Technical Education of the Department of Education, and shall be known as the Arkansas Rehabilitation Services. The State Board of Vocational Education shall have the same authority and responsibility with respect to the administration and operation of the Arkansas Rehabilitation Services as it has with respect to the Division of Vocational and Technical Education.”

Acts 1993, No. 574, § 2, provided:

“The policy and scope of the Arkansas Rehabilitation Services shall be to provide increased employment of individuals with disabilities through the provision of individualized training, independent living services, educational and support services, and meaningful opportunities for employment in integrated work settings to maximize employment, economic self-sufficiency, independence, and inclusion and integration into society.

“Pursuant to such policy, rehabilitation services shall be provided to citizens throughout the state and the rehabilitation plan adopted pursuant to this act shall be in effect in all political subdivisions of the state.”

Acts 1993, No. 574, § 3, provided:

“All authorities and responsibilities defined in Act 43 of 1955 as amended shall be administered by the Arkansas Rehabilitation Services, under the direction of the State Board of Vocational Education except those transferred to the Division of State Services for the Blind by Act 481 of 1983.”

Acts 1993, No. 574, § 5, provided:

“The State Board of Vocational Education, through the Arkansas Rehabilitation Services, shall provide the rehabilitation services authorized by this act to eligible physically or mentally disabled individuals and those who can benefit from independent living services, determined by the agency to be eligible therefor, and, in carrying out the purposes of this act, the Arkansas Rehabilitation Services is authorized, among other things:

“(a) to be the sole state agency to supervise and administer the rehabilitation services authorized by this act except such part or parts as may be administered by a local agency in a political subdivision of the state, in which case the service shall be the sole agency to supervise such local agency in the administration of such part or parts; and

“(b) to conduct research and compile statistics relative to the provision of services or the need of services of disabled individuals.”

Acts 1993, No. 574, § 6, provided:

“Any and all statutory authority, powers, duties, functions, records, authorized positions, property, unexpended balances of appropriations, allocations or other funds, transferred from the Division of Rehabilitative Services to the Department of Human Services by Act 348 of 1985 are hereby transferred to the Arkansas Rehabilitation Services of the Division of Vocational and Technical Education of the Department of Education.”

Acts 1993, No. 574, § 8, provided:

“The Division of Rehabilitation Services of the Department of Human Services as now constituted shall continue in existence for all purposes, intact, until July 1, 1993, at which time said Division shall be transferred to the Division of Vocational and Technical Education of the Department of Education. The transfer shall include all employees, powers, duties, licenses, privileges, equipment, vehicles, furniture, fixtures, supplies, books, records, stock, goods, funds, unexpended appropriations and facilities relating to rehabilitation services and training. The Department of Human Services will transfer appropriate positions, as identified by the Arkansas Rehabilitation Services, necessary to meet Arkansas Rehabilitation Services administration and program support needs in numbers not to exceed those transferred from the Division of Rehabilitation Services to the Department of Human Services by Acts 348 and 752 of 1985.”

Acts 2005, No. 1954, § 1, provided:

“Legislative purpose.

“(a) The General Assembly declares that this act is necessary to:

“(1) Improve the health of the citizens of Arkansas in an effective and efficient manner; and

“(2) Provide for administrative cost savings in the delivery of health-related programs by combining overlapping functions and eliminating duplications of functions of the Department of Health and the Department of Human Services.

“(b) It is the intent of the General Assembly to provide for an orderly transfer of powers, authorities, duties, and functions of the Department of Health to the Department of Human Services with a minimum of disruption of governmental services and functions and with a minimum of expense.”

Acts 2005, No. 1954, § 3, provided:

“Transfer of the Department of Health into the Department of Health and Human Services.

“(a)(1)(A) Effective at 12:01 AM on July 1, 2005, the Department of Health is transferred to the Department of Health and Human Services.

“(B) Effective at 12:01 AM on July 1, 2005, the Department of Health shall be named and shall be known as the Division of Health of the Department of Health and Human Services.

“(2) All authority, powers, duties, and functions as established by law for the Department of Health, including all purchasing, budgeting, fiscal, accounting, human resources, payroll, legal, information systems, maintenance, program support, administrative support, and other management functions are transferred to the Department of Health and Human Services.

“(3)(A) All records, personnel, property, unexpended balances of appropriations, allocations, or other funds are transferred to the Department of Health and Human Services for use by the Division of Health of the Department of Health and Human Services.

“(B)(i) All powers, duties, and functions, including, but not limited to, rulemaking, regulation, and licensing, promulgation of rules, rates, regulations and standards, and the rendering of findings, orders and adjudications as established by law for the Department of Health are transferred to the Director of the Department of Health and Human Services, except as specified in this act.

“(ii) All powers, duties, and functions, including, but not limited to, rulemaking, regulation, and licensing, promulgation of rules, rates, regulations, standards, all budgetary responsibilities, and the rendering of findings, orders and adjudications as established by law for the Breast Cancer Control Program or other transferred entities within the Department of Health shall be retained exactly as they were prior to the implementation of this act.

“(b) Nothing in this act shall be construed to increase the authority or powers of the Director of the Department of Health and Human Services or the Division of Health of the Department of Health and Human Services beyond those already conferred upon the Director of the Department of Health or the Department of Health, except as specifically defined in this act.

“(c) The Director of the Department of Health and Human Services shall appoint and employ the Director of the Division of Health of the Department of Health and Human Services.

“(d) The Arkansas Code Revision Commission shall replace “Department of Health” in the Arkansas Code with “Department of Health and Human Services.”

Acts 2007, No. 384, § 1, provides:

“Creation of the Department of Health.

“(a) “There is created the Department of Health, that is to be established if the Governor orders the separation of the Division of Health of the Department of Health and Human Services from the Department of Health and Human Services.

“(b) “If the Governor establishes the Department of Health under subsection (a) of this section, the Arkansas Code Revision Commission shall replace all references in the Arkansas Code to the:

“(1) “Division of Health of the Department of Health and Human Services” or “Division of Health” with “Department of Health”; and “(2) “Department of Health and Human Services” with “Department of Human Services”.

“(c) “Sections 2 through 12 of this act become effective only if the Governor establishes the Department of Health under subsection (a) of this section.”

Acts 2007, No. 384, § 2, provides:

“Transfer of the Division of Health of the Department of Health and Human Services out of the Department of Health and Human Services.

“(a) “Effective sixty (60) days after the Governor establishes the Department of Health under this act, and as provided in the orders of the Governor, the following may be transferred to the Department of Health:

(1) “Authority, powers, duties, and functions as established by law for the Division of Health of the Department of Health and Human Services, including purchasing, budgeting, fiscal, accounting, human resources, payroll, legal, information systems, maintenance, program support, administrative support, and other management functions;

(2) “Records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the Division of Health of the Department of Health and Human Services;

“(b) “Powers, duties, and functions, including without limitation, rulemaking, regulation, and licensing, promulgation of rules, rates, regulations, and standards, budgetary responsibilities, and the rendering of findings, orders, and adjudications as established by law for the Breast Cancer Control Program or other transferred entities within the Division of Health of the Department of Health and Human Services shall be retained as they existed on June 30, 2005.

“(c) “The Governor may appoint a Surgeon General in accordance with § 20-7-103.”

Acts 2007, No. 384, § 3, provides:

“Transfer of the State Board of Health to the Department of Health.

“(a) “Effective sixty (60) days after the Department of Health is established, the State Board of Health shall be transferred to the Department of Health.

“(b) “The State Board of Health shall receive administrative support from the Department of Health and shall retain the same powers, authorities, duties, and functions prescribed by law as it had before the transfer and shall have all rule-making authority prescribed by law to the Division of Health of the Department of Health and Human Services before the transfer, except as provided for in this act, including, without limitation:

“(1) “Rule making, licensing, and registration;

“(2) “The promulgation of rules, rates, and standards;

“(3) “Examining, investigating, inspecting, and reviewing; and

“(4) “The rendering of findings, orders, and adjudications.”

Acts 2007, No. 862, § 1, provided:

“Legislative findings.

“The General Assembly finds that:

“(1) Many adults lack the capacity to provide informed consent to necessary health care, have not executed an advance health care directive or a durable power of attorney, and have no friend or family member qualified and willing to consent on their behalf; and

“(2) It is therefore necessary for the preservation of the public health and safety to provide for a public guardian who can make informed consent to needed medical and long-term care on behalf of incapacitated adults who are unable to consent for themselves and for whom there is no other person qualified and willing to consent.”

Acts 2007, No. 862, § 5, provided:

“Contingent effectiveness.

“This act shall take effect upon the occurrence of the following:

“(1) The Director of the Division of Aging and Adult Services of the Department of Health and Human Services determines that adequate appropriation, funding, and positions are available to carry out a public guardianship program for adults; and

“(2) The director appoints an employee of the Division of Aging and Adult Services to serve as Public Guardian for Adults.”

Acts 2013, No. 980, § 25, provided: “The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement the name change under Section 18 of this act.”

Acts 2013, No. 1107, § 48, provided: “The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement the name change under Section 46 of this act.”

Amendments. The 2009 amendment deleted (a) and redesignated the subsequent subsections accordingly; inserted “Services” in (a)(3), and deleted (a)(12); and made related and minor stylistic changes.

The 2011 amendment substituted “Community Service and Nonprofit Support” for “Volunteerism” in (a)(8).

The 2013 amendments by Nos. 980 and 1107, in (a)(3), added “Services” after “Behavioral Health” and deleted “and the Office of Alcohol and Drug Abuse Prevention” after “state hospitals.”

The 2015 amendment redesignated former (a)(1)(A) as (a)(1); and deleted former (a)(1)(B).

The 2017 amendment inserted “programmatic” in the introductory language of (a); substituted “Aging, Adult, and Behavioral Health Services” for “Aging and Adult Services” in (a)(1); deleted former (a)(3), (a)(6), and (a)(8), and redesignated the remaining subdivisions accordingly; deleted “which shall include both community programs and human development centers” at the end of (a)(3); deleted “which shall include serious offender and community-based programs and the youth service centers” at the end of (a)(5); added (a)(9); inserted (b); and redesignated former (b) as (c).

The 2019 amendment, in the introductory language of (a), inserted “is a cabinet-level department and”, substituted “Secretary” for “Director”, and added “and those state entities transferred to the Department of Human Services pursuant to a cabinet-level department transfer under § 25-43-902”; added “of the Department of Human Services” at the end of (a)(1); deleted former (6) and redesignated former (7)-(9) as (6)-(8); substituted “Secretary’s Office of the Department of Human Services” for “Director’s Office of the Department of Human Services” in the introductory language of (b); substituted “Secretary” and “secretary” for “Director” and “director” in (b)(1), (b)(2), and in (c)(1)(A)-(C); substituted “Board of Developmental Disabilities Services and the Department of Human Services State Institutional System Board” for “boards” in (c)(2)(B); and deleted (c)(3).

Cross References. Division of Youth Services, § 9-28-201 et seq.

25-10-103. [Repealed.]

Publisher's Notes. This section, concerning mental health services under the direction of the State Hospital Board, was repealed by Acts 1995, No. 1261, § 18. The section was derived from Acts 1985, No. 348, §§ 2, 8; A.S.A. 1947, §§ 5-902, 5-912c; Acts 1993, No. 410, § 3.

25-10-104. Developmental disabilities services — Board of Developmental Disabilities Services.

  1. The Board of Developmental Disabilities Services and the institutional and supportive facilities of the human development centers located at Alexander, Conway, Arkadelphia, Jonesboro, Booneville, and the Southeast Arkansas Human Development Center at Warren, and all improvements and additions to those institutional units made subsequent to February 4, 1971, shall be operated under the control of the Board of Developmental Disabilities Services within the Department of Human Services.
  2. The Board of Developmental Disabilities Services shall name the administrative head or director of each of the respective institutions under the board's jurisdiction with the concurrence of the Secretary of the Department of Human Services.
  3. Under a type 1 transfer of the Board of Developmental Disabilities Services, and the institutions under its management and control, to the department, the board shall have control of all budgeting, purchasing, and related management functions in accordance with the limitations and restrictions thereon provided in this act and by other laws applicable thereto.
    1. It is the intent of this section that the administration of the human development centers located at Arkadelphia, Booneville, Conway, Jonesboro, and the Southeast Arkansas Human Development Center at Warren, and the various facilities and services thereof, shall be under the control of the Board of Developmental Disabilities Services, as provided and intended by Arkansas Constitution, Amendment 33, but the board shall exercise its control in accordance with the general guidelines, policies, and rules of the department governing divisions, offices, sections, or units within the department with respect to budgets, personnel and personnel policies, records, purchasing, bookkeeping, and other administrative procedures prescribed by the secretary.
    2. It is the intent of this act that the Board of Developmental Disabilities Services shall devote its time and resources to the operation and management of the state-owned and controlled institutional programs of the various state human development centers and that the establishment and operation of community programs, workshops, and other services for individuals with developmental disabilities or individuals with intellectual disabilities in this state and other regional and community services benefiting individuals with developmental disabilities or individuals with intellectual disabilities shall be administered by the department through the divisions, offices, sections, or units of the department as determined by the secretary.
    1. Nothing in this act shall be construed to prevent community providers from making determinations consistent with guidelines and criteria established by the state with respect to the appropriate placement of eligible individuals with developmental disabilities or individuals with intellectual disabilities in the least restrictive setting and the development of individual program plans for instructional and case management functions for individuals with developmental disabilities or individuals with intellectual disabilities, in keeping with the requirements of regulations promulgated pursuant to the Education for All Handicapped Children Act of 1975, Pub. L. No. 94-142, and § 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112.
    2. The state reserves the authority to make final determination of eligibility for services funded, in whole or in part, by state and federal funds.

History. Acts 1985, No. 348, §§ 3, 8; A.S.A. 1947, §§ 5-902, 5-912d; Acts 2019, No. 315, § 2913; 2019, No. 910, § 5243.

Publisher's Notes. Acts 1985, No. 348, § 3, provided, in part, that all functions vested in the Board of Developmental Disabilities Services with respect to community programs, workshops, and other services for individuals with developmental disabilities or individuals with intellectual disabilities and all other duties, programs, or services under the board's jurisdiction, except those specified in subsection (a) of this section, were transferred to the Department of Human Services to be performed by the divisions, offices, etc., designated by the director of the department. The section specifically transferred to the department the powers and duties granted the board under §§ 20-48-20720-48-209, 20-48-211, and 20-48-30120-48-305.

As to transfer of Board of Developmental Disabilities Services to Department of Human Services, see Publisher's Notes to § 25-10-101.

Acts 1971, No. 38, § 12, transferred the Arkansas Board of Mental Retardation (now the Board of Developmental Disabilities Services) and the Arkansas Children's Colonies (now human development centers) to the Department of Social and Rehabilitative Services (now Department of Human Services) by a type 1 transfer.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (d)(1).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services” in (b); in (d)(1), deleted “Alexander” preceding “Arkadelphia” and substituted “secretary” for “director”; and substituted “secretary” for “director of the department” at the end of (d)(2).

Meaning of “this act”. Acts 1985, No. 348, referred to in this section, is codified as §§ 20-46-202 [repealed], 20-46-301, 25-2-104, 25-2-105, 25-2-107, 25-10-102, 25-10-103 [repealed], 25-10-104, 25-10-105 [repealed], 25-10-106, 25-10-108, 25-10-109, 25-10-111, 25-10-113, 25-10-115, and 25-10-116.

25-10-105. [Repealed.]

Publisher's Notes. This section, concerning the Arkansas Youth Services Board, was repealed by Acts 1995, No. 1261, § 18. The section was derived from Acts 1985, No. 348, §§ 4, 8; A.S.A. 1947, §§ 5-902, 5-912e.

25-10-106. Division heads and other personnel.

    1. The Secretary of the Department of Human Services, with the advice and consent of the Governor, shall employ the heads of the various divisions of the Department of Human Services.
    2. The heads of the respective offices, sections, or units of the department and all other personnel of the department shall be employed by and serve at the pleasure of the secretary.
    1. However, the directors of the various institutions and programs under the jurisdiction and control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the Department of Human Services shall be named by the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services, with the concurrence of the secretary.
    2. All personnel employed in the institutions under the management and control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall be named by the directors thereof, under the departmental rules related to personnel, and all personnel records of the institutions of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall be in conformance with the general personnel policies promulgated by the secretary for other employees of the department.
  1. Nothing in this act shall be construed to reduce any rights which an employee of the department or the various divisions, offices, sections, or units thereof shall have under any civil service or merit system.

History. Acts 1971, No. 38, §§ 5, 12; 1985, No. 348, §§ 5, 12; A.S.A. 1947, §§ 5-912, 5-912i; Acts 2019, No. 315, § 2914; 2019, No. 910, § 5244.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (b)(2).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services” in (a)(1) and (2); substituted “shall employ” for “shall appoint” in (a)(1); substituted “Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services” for “respective boards” in (b)(1); and, in (b)(2), substituted “the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services” for “those boards”, substituted “institutions of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services” for “boards of those institutions”, and substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services”.

Meaning of “this act”. See note to § 25-10-104.

Case Notes

Cited: Drake v. Scott, 812 F.2d 395, 1987 U.S. App. LEXIS 2354 (8th Cir. 1987); Drake v. Scott, 823 F.2d 239 (8th Cir. 1987).

25-10-107. Reports by divisions.

  1. All other divisions within the Department of Human Services shall provide the Secretary's Office of the Department of Human Services with all policies regarding personnel administration, procurement of commodities and services, accounting and budget control, licensure of facilities, program planning and evaluation, contractual agreements with consultants and providers of services, data processing systems management, federal grant management, and any other information which may be requested by the office.
    1. The other divisions shall report quarterly to the office concerning the areas of coordination and cooperation where the divisions have worked with other departmental divisions and concerning the plans for coordination and cooperation in the next quarter.
    2. A copy of the report shall be sent to the Legislative Council upon request of the Legislative Council.

History. Acts 1983, No. 307, § 3; A.S.A. 1947, § 5-912.4; Acts 1995, No. 164, § 2; 2017, No. 913, § 5; 2019, No. 910, § 5245.

Amendments. The 2017 amendment substituted “Director's Office” for “Division of Administrative Services” throughout the section; and redesignated (b) as (b)(1) and (2).

The 2019 amendment substituted “Secretary’s Office of the Department of Human Services” for “Director’s Office of the Department of Human Services” in (a).

25-10-108. Coordination of programs, procedures, etc., of department and institutional boards.

In addition to the functions and duties provided by law to be performed by the Secretary of the Department of Human Services, the secretary shall direct those divisions, offices, sections, or units of the Department of Human Services which he or she may designate to:

  1. Serve in a liaison capacity for the Department of Human Services and the secretary thereof with the boards and the directors of the various institutional facilities of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the Department of Human Services in efforts to coordinate services provided citizens of this state through those institutions with programs of the department for the benefit of neglected, dependent, and delinquent juveniles, individuals with mental illness, and individuals with intellectual disabilities or individuals with developmental disabilities of this state;
  2. Cooperate with the administrators of the various institutions under the direction and control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the Department of Human Services in the administration of fiscal and budgetary policies applicable to all divisions and programs of the department as promulgated by the secretary thereof and as directed by the Chief Fiscal Officer of the State;
  3. Offer assistance to the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the Department of Human Services in developing biennial budgets and annual, quarterly, and monthly fiscal plans for the operation of those institutions and assist the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services in complying with the budget and fiscal policies promulgated by the Secretary of the Department of Human Services for the control and management of the funds made available to the department and its various offices, divisions, programs, and institutions. In connection therewith, the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall be furnished records of all accounts, expenditures, funds, and fund balances available to each institution for its operation and support;
    1. Coordinate, with each institution and its administrator under the control and direction of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the Department of Human Services, the purchasing policies and procedures of the department as promulgated by the secretary thereof to assure that all those institutions comply with the uniform purchasing practices and policies of the department and with the Arkansas Procurement Law, § 19-11-201 et seq., and the rules promulgated thereunder by the State Procurement Director.
    2. However, each of the various institutions under the control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the Department of Human Services is authorized to have institutional purchasing officials who shall be authorized to make purchases in behalf of those institutions which are not within the exclusive jurisdiction of the State Procurement Director, but all such purchases shall be made in compliance with the uniform purchasing practices and policies promulgated by the secretary to be applicable to all divisions, offices, sections, or units of the department and shall be in conformance with the Arkansas Procurement Law, § 19-11-201 et seq., and rules promulgated by the State Procurement Director; and
    1. Coordinate the policies promulgated by the secretary for the administration of personnel and personnel records within the various divisions, offices, sections, or units of the department with the Department of Human Services State Institutional System Board, the Board of Developmental Disabilities Services within the Department of Human Services, and the administrators of each of those institutions to assure that all employee records and personnel records conform to the personnel policies and records promulgated by the secretary and to the personnel policies and practices laws of the State of Arkansas.
    2. Nothing in this act shall prohibit or restrict the right of each of the institutional boards to employ, promote, discipline, or discharge any employee of any of those institutions so long as those actions are within the overall policies and procedures promulgated by the secretary governing employee practices or actions.

History. Acts 1985, No. 348, § 9; A.S.A. 1947, § 5-912f; Acts 2019, No. 315, § 2915; 2019, No. 910, § 5246.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (4)(A); and substituted “rules” for “regulations” in (4)(B).

The 2019 amendment by No. 910 substituted “Secretary” or “secretary” for “Director” or “director” throughout the section; and, in (3), substituted “the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services” for “those boards” and substituted “the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services” for “the boards”.

Meaning of “this act”. See note to § 25-10-104.

25-10-109. Institutional services generally — Development of admission policies, etc.

In addition to the functions and duties provided by law and this act to be performed by the Board of Developmental Disabilities Services within the Department of Human Services and the Department of Human Services State Institutional System Board, it is the intent of this act that the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall cooperate with the Secretary of the Department of Human Services, the divisions, offices, sections, or units of the Department of Human Services created by this act, and the programs funded by and operated by the department by developing admission policies, criteria, and services which will assure appropriate access to institutional services to meet the residential service needs of the citizens of this state.

History. Acts 1985, No. 348, § 10; A.S.A. 1947, § 5-912g; Acts 2019, No. 910, § 5247.

Amendments. The 2019 amendment substituted “the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services” for “those boards” and substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services”.

Meaning of “this act”. See note to § 25-10-104.

25-10-110. Institutional services generally — Charges.

  1. It is found and determined by the General Assembly that under existing law most institutions in the Department of Human Services engaged in providing services to members of the general public seek recovery of the costs of providing those services on the basis of the average per capita cost. It is further found and determined that these methods of charging costs result in significant revenue losses to the state and do not allow the recovery of the actual costs of providing the services.
  2. The Division of Aging, Adult, and Behavioral Health Services, Arkansas Rehabilitation Services, the Division of Youth Services, and the Division of Developmental Disabilities Services are permitted to charge for institutional services provided to members of the public on an actual cost basis rather than on a per capita or other basis.

History. Acts 1975, No. 340, §§ 1, 2; A.S.A. 1947, §§ 5-912.2, 5-912.2n; Acts 2017, No. 913, § 122.

A.C.R.C. Notes. Rehabilitation Services, referred to in this section, is no longer a division of the Department of Human Services. See §§ 25-30-106 and 25-30-201 et seq.

Amendments. The 2017 amendment, in (b), substituted “Aging, Adult, and Behavioral Health Services of the Department of Human Services” for “Division of Behavioral Health Services” and inserted “of the Department of Human Services” following “Division of Youth Services”.

25-10-111. Budgeting generally.

    1. The Secretary of the Department of Human Services shall obtain from each division, office, section, or unit of the Department of Human Services, including the institutions and institutional boards thereunder, all requests for biennial appropriations and all requests for special supplemental or construction appropriations.
    2. The secretary shall review the requests and submit to the Chief Fiscal Officer of the State, the Governor, and the Legislative Council a coordinated budget for all divisions, offices, programs, institutions, and services of the department in whatever detail may be required by the state budgetary laws and by the budget forms and procedures promulgated by the Chief Fiscal Officer of the State and by the Legislative Council.
  1. It shall be the responsibility of the secretary to operate all of its divisions, offices, and programs and to require that each of the institutional boards under the department administer their programs within those fiscal limitations and restraints which the secretary deems necessary to assure that each program, service, and institution within the department receives an allocation of funds in accordance with the needs of the respective programs, services, and institutions and within the limitation of the moneys allocated and appropriated to the department for the operation of those programs, services, and institutions.
    1. Although it is the intent of this act that the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall each operate their institutional programs and services within the department with autonomy and independence as intended by Arkansas Constitution, Amendment 33, the General Assembly recognizes that reasonable fiscal policies are necessary to assure that the various services of government are operated on a sound financial basis and that deficit spending is not implemented.
    2. In furtherance of that policy, the General Assembly determines that:
      1. The secretary, with respect to the allocation of funds and the exercise of fiscal restraint over all divisions, offices, sections, units, programs, services, and institutions within the department, shall have the ultimate authority to allocate and limit the amount of funds to be expended in the operation of each division, office, program, service, and institution within the department as he or she deems necessary to comply with the fiscal laws of this state; and
      2. Nothing herein shall be construed to limit the ultimate authority of the secretary to develop and operate the various programs in the state institutional system.
    3. However, all real property, including capital improvements thereon, constituting the Department of Human Services State Institutional System shall be under the control of the Department of Human Services State Institutional System Board, and the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services may convey by sale or lease any real property within the state institutional system.

History. Acts 1985, No. 348, § 11; A.S.A. 1947, § 5-912h; Acts 1997, No. 1333, § 1; 2019, No. 910, § 5248.

Amendments. The 2019 amendment substituted “Secretary” or “secretary” for “Director” or “director” throughout the section; and substituted “the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services” for “that board” in (c)(3).

Meaning of “this act”. See note to § 25-10-104.

25-10-112. [Repealed.]

Publisher's Notes. This section, concerning reallocation of resources, was repealed by Acts 1999, No. 1537, § 83. The section was derived from Acts 1983, No. 307, § 5; 1985, No. 772, § 15; A.S.A. 1947, § 5-912.5; Acts 1987, No. 961, § 17; 1989 (1st Ex. Sess.), No. 68, § 16; 1997, No. 1360, § 81.

25-10-113. Disposition of direct services funds.

  1. It is the intent and purpose of this act that no appropriation of funds provided by the General Assembly to the Department of Human Services for direct-care assistance to individuals or for the purchase of direct services for individuals shall be used in defraying state administrative or state case management costs of the department.
  2. It is the specific intent of this act to prevent the diversion of community grant-in-aid line funds for any purpose that would not provide direct services to clients with intellectual or other developmental disabilities in community programs.

History. Acts 1985, No. 348, § 13; A.S.A. 1947, § 5-912j; Acts 2019, No. 1035, § 54.

Amendments. The 2019 amendment substituted “clients with intellectual or other developmental disabilities” for “developmentally disabled clients” in (b).

Meaning of “this act”. See note to § 25-10-104.

25-10-114. Developmental disabilities — Special authorization — Cash funds.

  1. All funds received by the Division of Developmental Disabilities Services of the Department of Human Services shall be placed in the State Treasury and expended via appropriation.
  2. Those funds held in trust by the agency for the residents of the human development centers, including gifts and bequests, shall be considered agency funds to be expended from bank accounts without legislative appropriation.
  3. The Chief Fiscal Officer of the State shall have the final authority to determine those funds which may be exempted from being placed in the State Treasury unless otherwise provided by law. However, no agency funds deposited in bank accounts shall be expended for purposes other than those allowed for the expenditures of State Treasury funds under the provisions of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq.

History. Acts 1977, No. 787, § 10; 1995, No. 1198, § 70.

25-10-115. County offices of human services.

  1. The Secretary of the Department of Human Services shall establish a county office of human services in each county of this state. The county offices shall provide the citizens of each county access to the various services and programs provided by the Department of Human Services as well as follow-up contact and services.
  2. In establishing a county office of human services, it is necessary that each county office be staffed to provide complete access to services and programs of the department.

History. Acts 1985, No. 348, § 13; A.S.A. 1947, § 5-912j; Acts 2019, No. 910, § 5249.

Amendments. The 2019 amendment substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services” in (a).

25-10-116. Advisory committees generally.

  1. From time to time, the Secretary of the Department of Human Services or the Governor may establish various advisory committees to assist the secretary and the various divisions, offices, sections, or units within Department of Human Services in reviewing and offering advice on any of the programs, services, and duties of the department which the secretary or the Governor may deem appropriate for the proper and efficient operation of the department and its respective programs, services, and duties.
  2. The advisory committees shall exist for the duration determined by the secretary or the Governor.
  3. The members of the advisory committees shall be reimbursed for actual and necessary meals, lodging, and mileage for travel in accordance with the procedures and standards provided by law or rule for official travel by state employees in the performance of their duties. Payment shall be made from funds appropriated to the department.

History. Acts 1985, No. 348, § 1; A.S.A. 1947, § 5-912b; Acts 2019, No. 315, § 2916; 2019, No. 910, § 5250.

A.C.R.C. Notes. The operation of subsection (c) may be affected by the enactment of Acts 1995, No. 1211, codified as § 25-16-901 et seq.

Amendments. The 2019 amendment by No. 315 substituted “rule” for “regulation” in (c).

The 2019 amendment by No. 910 substituted “Secretary” or “secretary” for “Director” or “director” in (a) and (b).

25-10-117. [Repealed.]

Publisher's Notes. This section, concerning the Community Services Advisory Council, was repealed by Acts 2017, No. 764, § 1. The section was derived from Acts 1981, No. 764, § 5; A.S.A. 1947, § 5-904.2.

25-10-118. Child support enforcement program — Reports.

The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall file a semiannual report with the Legislative Council concerning performance and progress made in administering the Child Support Enforcement Program approved under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq.

History. Acts 1989 (1st Ex. Sess.), No. 44, § 12; 1995, No. 1184, § 35.

A.C.R.C. Notes. Former § 25-10-118, and identical § 9-14-203 which had been renumbered as § 25-10-118, concerning reporting requirements, are deemed to be superseded by this section. The former section was derived from Acts 1983, No. 926, § 40; 1985, No. 649, § 32; 1987, No. 921, § 15; A.S.A. 1947, § 34-2457.

25-10-119. Certification of vouchers.

  1. The designated disbursing officers for the Department of Human Services are hereby authorized to complete and sign one (1) certification for each state voucher or other designated document that authorizes the Auditor of State or other official to draw a state warrant or check on a bond administered by the department.
  2. The voucher or other authorizing document can consist of one (1) or more pages, and in the event that more than one (1) page is used, then the designated disbursing officer is to manually sign the last page only, and any certification is to be so worded that it will apply to all pages of the document.

History. Acts 1989 (1st Ex. Sess.), No. 68, § 19.

A.C.R.C. Notes. Former § 25-10-119 concerning the certification of vouchers, is deemed to be superseded by this section. The former section was derived from Acts 1987, No. 961, § 21.

25-10-120. Research and Training Institute.

  1. The Research and Training Institute is authorized to seek, accept, and administer public or private funds, consisting of donations, federal and state grants, aids, contracts, reimbursements, cash donations, or state general revenue to accomplish its purposes. The institute is intended to:
    1. Promote recruitment and retention of highly qualified professionals at programs operated or certified by the Division of Aging, Adult, and Behavioral Health Services, community mental health center programs, and other public sector mental health programs in Arkansas;
    2. Improve clinical care by exploring new, innovative, and scientifically based treatment models for adults with serious mental illness and children and adolescents with serious emotional disturbance;
    3. Provide expanded clinical research and clinical-based research training opportunities for existing staff in institutional and community-based programs operated, certified, or supported by the division; and
    4. Promote the understanding of the various interdisciplinary treatments and the challenges facing institutional and community-based mental health professionals in Arkansas.
  2. To accomplish these purposes, the institute may enter into joint operating agreements with state universities or other institutions of higher education to:
    1. Accomplish the placement and training of students and faculty in psychiatry, psychology, social work, occupational therapy, nursing, and other relevant professions;
    2. Design, support, and implement clinical research projects to improve the quality and effectiveness of mental health services and operations;
    3. Enter into agreements with community mental health centers and other public mental health providers to accomplish the exchange of professional staff between state-operated programs and community mental health centers; and
    4. Establish a student loan program in accordance with procedures established by the Chief Fiscal Officer of the State, when the Director of the Division of Aging, Adult, and Behavioral Health Services has determined a shortage of such professionals exists.
  3. Notwithstanding any other provisions of law to the contrary, the institute may enter into agreements with the division which may involve changes in staffing necessary to implement improved patient care programs contemplated by this section, and may enter into agreements with the Department of Psychiatry of the University of Arkansas for Medical Sciences to jointly operate or to support specific undertakings that are congruent with the institute's stated purposes.

History. Acts 1991, No. 1082, § 21; 2013, No. 980, §§ 19, 20; 2017, No. 913, §§ 123, 124.

Amendments. The 2013 amendment substituted “Behavioral” for “Mental” in (a)(1) and (b)(4).

The 2017 amendment substituted “Division of Aging, Adult, and Behavioral Health Services” for “Division of Behavioral Health Services” in (a)(1); and substituted “Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services” for “Division of Behavioral Health Services” in (b)(4).

25-10-121. Proceeds from the sale of land — Deposit in special trust fund.

  1. Pursuant to the process delineated in § 22-6-601, in lieu of depositing the proceeds of the sale of lands in the fund from which the division or state agency is operated, a board of a state agency or a division within the Department of Human Services holding lands in its name may request, as a condition for sale of the lands, that the proceeds be deposited in a special trust fund to be created in the name of the board, state agency, or division on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State.
  2. Proceeds placed in the special trust fund shall be used solely for the maintenance and operation of the programs of the division, state agency, or board under whose name the lands were held.
  3. If the division, state agency, or board requests the proceeds to be deposited in a special trust fund, the creation of the trust fund and the transfer of the proceeds to the trust fund shall be subject to approval by the Governor as a condition for approval of the sale.

History. Acts 1991, No. 1085, § 24.

25-10-122. Office of Minority Mental Health — Creation.

  1. There is created an Office of Minority Mental Health within the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.
  2. The head of the Office of Minority Mental Health shall be employed by the Secretary of the Department of Human Services.

History. Acts 1991, No. 1210, § 1; 2013, No. 980, § 21; 2017, No. 913, § 125; 2019, No. 910, § 5251.

Amendments. The 2013 amendment substituted “Behavioral” for “Mental” in (a).

The 2017 amendment substituted “Division of Aging, Adult, and Behavioral Health Services” for “Division of Behavioral Health Services” in (a).

The 2019 amendment substituted “employed by the Secretary of the Department of Human Services” for “appointed by the Director of the Department of Human Services” in (b).

25-10-123. Programs and policies — Development.

The Office of Minority Mental Health shall develop programs and policies concerning the following:

  1. Providing culturally relevant mental health services to minority individuals with mental illness;
  2. Improving the availability and accessibility of mental health services to minority individuals with long-term mental illnesses;
  3. Educating minority individuals with mental illness about their illness;
  4. Providing minority families with education on mental illness; and
  5. Providing accessible educational training within the mental health setting and the minority community.

History. Acts 1991, No. 1210, § 2; 2013, No. 980, § 22; 2017, No. 913, § 126.

Amendments. The 2013 amendment substituted “Behavioral” for “Mental” in the introductory language.

The 2017 amendment substituted “Division of Aging, Adult, and Behavioral Health Services” for “Division of Behavioral Health Services” in the introductory language.

25-10-124. Administration of state or federal funds.

  1. The Office of Minority Mental Health is the authorized state agency to accept, receive, retain, and administer any state or federal funds relating to minority mental health.
  2. The office shall develop, comment on, and revise any designations of areas of minority mental health as underserved.

History. Acts 1991, No. 1210, § 3; 2013, No. 980, § 23; 2017, No. 913, § 127.

Amendments. The 2013 amendment substituted “Behavioral” for “Mental” in (a).

The 2017 amendment substituted “Division of Aging, Adult, and Behavioral Health Services” for “Division of Behavioral Health Services” in (a).

25-10-125. [Repealed.]

Publisher's Notes. This section, concerning reimbursement of providers of targeted and independent case management services, and training and certification, was repealed by Acts 1992 (1st Ex. Sess.), No. 1, § 6. The section was derived from Acts 1991, No. 922, § 18.

25-10-126. Grants-in-aid — Conditions for receiving funds.

Any private nonprofit community-based agency that receives grants-in-aid through the Department of Human Services for the provision of services, as a condition of receiving such funds, shall:

  1. Meet minimum standards of performance in the delivery of services as defined by the department's division or office from which the grant-in-aid is awarded;
  2. Supply statistical data to the department; and
  3. Establish and maintain a sound financial management system in accordance with guidelines as set forth by the department.

History. Acts 1993, No. 1239, § 71.

A.C.R.C. Notes. Acts 2014, No. 295, § 14, provided:

“GRANTS IN AID — CONDITIONS FOR RECEIVING FUNDS. Private non-profit community-based programs licensed by the Department of Human Services, Developmental Disabilities Services, are eligible to receive funds appropriated for Grants to Community Providers in the Developmental Disabilities Services — Grants-in-Aid appropriation of this Act, and as a condition of receiving such funds they shall:

“1. Meet minimum standards of performance in the delivery of services to people with disabilities as defined by the Department of Human Services, Developmental Disabilities Services.

“2. Supply statistical and financial data to the Department of Human Services, Developmental Disabilities Services.

“3. Establish and maintain a sound financial management system in accordance with guidelines as set forth by the Department of Human Services.

“4. Establish and maintain community support programs designed to provide coordinated care and treatment to ensure ongoing involvement and individualized services for persons with disabilities. Every community support program shall provide services for persons with disabilities who reside within the respective area of the program.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 979, § 13, provided:

“GRANTS IN AID — CONDITIONS FOR RECEIVING FUNDS. Private non-profit community-based programs licensed by the Department of Human Services, Developmental Disabilities Services, are eligible to receive funds appropriated for Grants to Community Providers in the Developmental Disabilities Services — Grants-in-Aid appropriation of this Act, and as a condition of receiving such funds they shall:

“1. Meet minimum standards of performance in the delivery of services to people with disabilities as defined by the Department of Human Services, Developmental Disabilities Services.

“2. Supply statistical and financial data to the Department of Human Services, Developmental Disabilities Services.

“3. Establish and maintain a sound financial management system in accordance with guidelines as set forth by the Department of Human Services.

“4. Establish and maintain community support programs designed to provide coordinated care and treatment to ensure ongoing involvement and individualized services for persons with disabilities. Every community support program shall provide services for persons with disabilities who reside within the respective area of the program.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 91, § 13, provided:

“GRANTS IN AID — CONDITIONS FOR RECEIVING FUNDS. Private non-profit community-based programs licensed by the Department of Human Services, Developmental Disabilities Services, are eligible to receive funds appropriated for Grants to Community Providers in the Developmental Disabilities Services — Grants-in-Aid appropriation of this Act, and as a condition of receiving such funds they shall:

“1. Meet minimum standards of performance in the delivery of services to people with disabilities as defined by the Department of Human Services, Developmental Disabilities Services.

“2. Supply statistical and financial data to the Department of Human Services, Developmental Disabilities Services.

“3. Establish and maintain a sound financial management system in accordance with guidelines as set forth by the Department of Human Services.

“4. Establish and maintain community support programs designed to provide coordinated care and treatment to ensure ongoing involvement and individualized services for persons with disabilities. Every community support program shall provide services for persons with disabilities who reside within the respective area of the program.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2017, No. 835, § 13, provided: “GRANTS IN AID — CONDITIONS FOR RECEIVING FUNDS.

Private non-profit community-based programs licensed by the Department of Human Services — Division of Developmental Disabilities Services, are eligible to receive funds appropriated for Grants to Community Providers in the Developmental Disabilities Services — Grants-in-Aid appropriation of this Act, and as a condition of receiving such funds they shall:

“1. Meet minimum standards of performance in the delivery of services to people with disabilities as defined by the Department of Human Services — Division of Developmental Disabilities Services.

“2. Supply statistical and financial data to the Department of Human Services — Division of Developmental Disabilities Services.

“3. Establish and maintain a sound financial management system in accordance with guidelines as set forth by the Department of Human Services.

“4. Establish and maintain community support programs designed to provide coordinated care and treatment to ensure ongoing involvement and individualized services for persons with disabilities. Every community support program shall provide services for persons with disabilities who reside within the respective area of the program.

“The provisions of this section shall be in effect only from July 1, 2017 through June 30, 2018.”

25-10-127. Advance disbursements.

Advance disbursements of funds to providers made under payment methodologies are authorized when approved in advance by the Chief Fiscal Officer of the State.

History. Acts 1993, No. 1239, § 72.

25-10-128. [Repealed.]

Publisher's Notes. This section, concerning Division of Community Service and Nonprofit Support, was repealed by Acts 2017, No. 913, § 6. The section was derived from Acts 1993, No. 403, § 19; 1997, No. 1259, § 1; 2011, No. 42, § 1; 2015, No. 111, § 1.

25-10-129. Department of Human Services authorized to issue rules to assure compliance with federal statutes, rules, and regulations.

    1. It is the intent of the General Assembly that the State of Arkansas utilize federal funding to the fullest extent possible to provide care to persons eligible for assistance or benefits under programs wholly or partially federally funded or fundable.
    2. The General Assembly recognizes that the Department of Human Services is presently charged with, among other things, all welfare activity in the state, including:
      1. Services to children and to the aged, blind, and individuals with disabilities;
      2. Public assistance; and
      3. Medical assistance.
    3. The General Assembly further recognizes that federal laws and regulations affecting such programs are the supreme law of the land and change frequently, sometimes with little or no advance notice to the state, such that it is impractical to prescribe the operations of such programs by statute.
    4. It is therefore the intent of the General Assembly to clarify and consolidate the authority of the department to assure conformity with all applicable federal dictates by empowering the department and its divisions to, by rule, adopt or implement all federal statutes, rules, and regulations as may be currently in force, or as may be adopted or amended in the future, when such rule is necessary to conform to federal statutes, rules, and regulations affecting programs administered or funded by or through the department.
  1. The department and its various divisions are hereby authorized and directed to promulgate rules, as necessary to conform to federal statutes, rules, and regulations as may now or in the future affect programs administered or funded by or through the department or its various divisions, as necessary to receive any federal funds which may now or in the future be available to the department or its various divisions.
  2. All rules promulgated pursuant to this section shall be promulgated in conformity with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and after legislative review and approval as required by § 10-3-309.

History. Acts 1995, No. 710, §§ 1-3; 2015, No. 1258, § 39.

A.C.R.C. Notes. Acts 2015, No. 1258, § 1, provided: “LEGISLATIVE FINDINGS. The General Assembly finds:

“(1) Amendment 92 to the Arkansas Constitution states in part: ‘The General Assembly may provide by law for the review by a legislative committee of administrative rules promulgated by a state agency before the administrative rules become effective; and that administrative rules promulgated by a state agency shall not become effective until reviewed and approved by the legislative committee charged by law with the review of administrative rules under subdivision (a)(1) of this section’;

“(2) As Amendment 92 does not define the term ‘state agency’, the General Assembly may establish a definition by law as part of its implementation of Amendment 92;

“(3) The General Assembly at this time wishes to exclude the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education from the definition of ‘state agency’ applied to the implementation of Amendment 92; and

“(4) The General Assembly or the Legislative Council reserve the right to amend the definition of ‘state agency’ in the future to include one (1) or all of the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education.”

Amendments. The 2015 amendment inserted “and approval” in (c).

25-10-130. Employee assistance programs — Prohibition of agreement for services.

The Department of Human Services shall not enter into any contract, memorandum of understanding, or interagency agreement for an employee assistance program that provides health-related services such as, but not limited to, drug or alcohol treatment services for the employees of the department.

History. Acts 1995, No. 1198, § 59.

25-10-131. Match transfer.

The Secretary of the Department of Human Services, with the approval of the Chief Fiscal Officer of the State, is authorized to effect interagency fund transfers for the purpose of providing the state's matching share for payments made to that division or office, or its service providers, for services eligible for federal reimbursement under programs administered by other divisions or offices of the Department of Human Services.

History. Acts 1995, No. 1198, § 62; 2019, No. 910, § 5252.

Amendments. The 2019 amendment substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services”.

25-10-132. Medical services and county operations — Use of local funds.

To the extent allowed by federal requirements, including waiver, demonstration and pilot project options, the Division of Medical Services of the Department of Human Services and the Division of County Operations of the Department of Human Services shall use local and donated funds to obtain federal matching funds to enhance federal agency programs.

History. Acts 1995, No. 1198, § 79.

A.C.R.C. Notes. Acts 2001, No. 1638, § 13 provided:

“MEDICAL SERVICES AND COUNTY OPERATIONS - USE OF LOCAL FUNDS. To the extent allowed by Federal requirements, including waiver, demonstration and pilot project options, the Division of Medical Services and the Division of County Operations shall use local and donated funds to obtain federal matching funds to enhance federal agency programs.”

25-10-133. Mental health services — Transfer provision.

    1. Personnel positions and appropriations provided for all programs of the Division of Aging, Adult, and Behavioral Health Services may be reallocated when such actions are determined necessary to assure continued delivery of satisfactory levels of services in any of the several programs administered by the division.
    2. Such reallocations or transfers shall be requested by the Secretary of the Department of Human Services.
  1. Any saving made in state or federal appropriations for regular salaries, extra help, Social Security and retirement matching, or maintenance and general operations, and grants for approved projects, upon prior review by the Legislative Council and approval of the Department of Finance and Administration, may be transferred to the purchase of services for persons with long-term mental illness and in the establishment, operation, and maintenance of facilities, centers, or programs for this population.

History. Acts 1995, No. 1198, § 86; 2013, No. 980, § 24; 2017, No. 913, § 128; 2019, No. 910, § 5253.

Amendments. The 2013 amendment substituted “Behavioral” for “Mental” in (a)(1).

The 2017 amendment substituted “Division of Aging, Adult, and Behavioral Health Services” for “Division of Behavioral Health Services” in (a)(1).

The 2019 amendment substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services” in (a)(2).

25-10-134. Community-based residential programs — Rules.

    1. The Department of Human Services shall not contract for community-based residential programs within any municipalities to house unrelated juveniles who have been adjudicated delinquent for a sexual offense or serious violent offense, or convicted of a sexual offense or a serious violent offense, until a community-based program has complied with rules promulgated by the department as set out herein.
    2. The purpose of these rules is to ensure public notice and public safety in the department's process of contracting for residential services for adjudicated or convicted juvenile sexual offenders or adjudicated or convicted serious violent offenders.
    3. Provided further, the rules shall be developed by the department and members of a committee appointed by the Governor, to include representatives of the following:
      1. The General Assembly;
      2. Local elected officials;
      3. Citizen representatives of local communities;
      4. Prosecuting attorneys;
      5. Judges of circuit court, juvenile division;
      6. Community-based providers;
      7. Law enforcement officers; and
      8. At least one (1) recognized mental health professional who specializes in the treatment of juvenile sexual offenders and juvenile serious violent offenders.
    4. The rules shall include, but are not limited to, the following:
      1. Definitions for the terms “sexual offense” and “sexual offender” and “serious violent offense” and “serious violent offender” for purposes of this section;
      2. Procedures for notice to residents within a specified geographic area of a proposed residential program for juvenile sexual offenders and juvenile serious violent offenders, as defined in the rules;
      3. Procedures for preplacement review of juvenile sexual offenders and juvenile serious violent offenders to determine that individual placements are appropriate, taking into account the location of a facility and a juvenile's offense or offenses, past treatment, prognosis, and present behavior;
      4. Procedures to determine that the level of supervision in a residential program is adequate for the individuals housed in the program; and
      5. Procedures for the department and a community-based contract provider to receive and respond to complaints and questions of residents of a community in which a community-based program is proposed or established, including remedies for a failure to respond.
    1. The department shall not contract or pay for community-based residential programs within any municipality to house unrelated persons who have been adjudicated delinquent of an act that would constitute a Class A felony or higher or of a sexual offense, or convicted of a Class A felony or higher or sexual offense, until the following conditions have been met:
      1. Residents within one thousand feet (1,000') of the proposed location of the facility shall be notified by mail; and
        1. A public hearing shall be conducted in the community of the proposed location of the facility by the contract provider at least ten (10) days in advance of the contract's effective date.
        2. Notice of the hearing shall be made by mail to each of the residents within one thousand feet (1,000') of the proposed location of the facility.
        3. The notification requirement shall not apply to already existing facilities at already existing locations.
    2. Provided further, upon establishment of such facilities within a particular municipality, the contract provider and the department shall establish and implement a system to receive and respond to complaints and questions from residents of such municipality.
    3. In the event the department and the provider fail to provide satisfactory communication to the residents, as provided in this subsection, such facility may be declared a public nuisance by the municipality.
  1. The department shall include the following requirements in all contracts with community providers who provide community transition homes for juveniles who have been adjudicated delinquent for a Class A felony criminal offense or higher, or convicted of a Class A felony or higher criminal offense, or are youthful felony sex offenders:
    1. Prohibit the location of programs within one thousand feet (1,000') from the grounds of community centers, schools, or other facilities with a high concentration of youths;
    2. Comply with all local zoning ordinances, including building codes;
    3. Provide advance notice of the proposed program site to municipal and county police agencies;
    4. Prohibit the participation in a community-based program to any individual who has re-offended within the past twelve (12) months; and
    5. Maintain twenty-four-hour supervision of residents by provider staff.

History. Acts 1995, No. 1198, §§ 100-102; 2019, No. 315, § 2917.

A.C.R.C. Notes. Acts 2014, No. 57, § 9, provided:

“YOUTH SERVICES — COMMUNITY-BASED RESIDENTIAL PROGRAMS — RESTRICTIONS. The Department of Human Services shall not contract or pay for community-based residential programs within any municipality to house unrelated persons who have been adjudicated delinquent of an act that would constitute a Class A felony or higher of a sexual offense or convicted of a Class A felony or higher or sexual offense until the following conditions have been met:

“1. Residents within one thousand (1,000) feet of the proposed location of the facility shall be notified by mail;

“2. A public hearing shall be conducted in the community of the proposed location of the facility by the contract provider at least ten (10) days in advance of the contract's effective date. Notice of the hearing shall be made by mail to each of the residents within 1,000 feet of the proposed location of the facility. The notification requirement shall not apply to already existing facilities at already existing locations.

“Provided further, upon establishment of such facilities within a particular municipality, the contract provider and the Department shall establish and implement a system to receive and respond to complaints and questions from residents of such municipality. In the event the Department and the provider fail to provide satisfactory communication as provided in this section to the residents, such facility may be declared a public nuisance by the municipality.

“The provisions of this section shall be in effect only from July 1, 2014 to June 30, 2015.”

Amendments. The 2019 amendment substituted “rules” for “regulations” throughout (a); and deleted “within thirty (30) days of July 1, 1995” following “promulgated” in (a)(1).

Cross References. Public hearings required before locating community-based residential facilities for sex offenders, § 12-25-101.

25-10-135. Youth services.

  1. The Department of Human Services shall not contract or pay for community-based residential programs within any municipality to house unrelated persons who have been adjudicated delinquent of an act that would constitute a Class A felony or higher or of a sexual offense or convicted of a Class A felony or higher or sexual offense until the following conditions have been met:
    1. Residents within one thousand feet (1,000') of the proposed location of the facility shall be notified by mail;
      1. A public hearing shall be conducted in the community of the proposed location of the facility by the contract provider at least ten (10) days in advance of the contract's effective date.
      2. Notice of the hearing shall be made by mail to each of the residents within one thousand feet (1,000') of the proposed location of the facility; and
    2. The notification requirement shall not apply to already-existing facilities at already-existing locations.
    1. Provided further, upon establishment of the facilities within a particular municipality, the contract provider and the department shall establish and implement a system to receive and respond to complaints and questions from residents of the municipality.
    2. In the event the department and the provider fail to provide satisfactory communication to the residents as provided in this section, the facility may be declared a public nuisance by the municipality.

History. Acts 1997, No. 1360, § 99.

A.C.R.C. Notes. Acts 2014, No. 57, § 9, provided:

“YOUTH SERVICES — COMMUNITY-BASED RESIDENTIAL PROGRAMS — RESTRICTIONS. The Department of Human Services shall not contract or pay for community-based residential programs within any municipality to house unrelated persons who have been adjudicated delinquent of an act that would constitute a Class A felony or higher of a sexual offense or convicted of a Class A felony or higher or sexual offense until the following conditions have been met:

“1. Residents within one thousand (1,000) feet of the proposed location of the facility shall be notified by mail;

“2. A public hearing shall be conducted in the community of the proposed location of the facility by the contract provider at least ten (10) days in advance of the contract's effective date. Notice of the hearing shall be made by mail to each of the residents within 1,000 feet of the proposed location of the facility. The notification requirement shall not apply to already existing facilities at already existing locations.

“Provided further, upon establishment of such facilities within a particular municipality, the contract provider and the Department shall establish and implement a system to receive and respond to complaints and questions from residents of such municipality. In the event the Department and the provider fail to provide satisfactory communication as provided in this section to the residents, such facility may be declared a public nuisance by the municipality.

“The provisions of this section shall be in effect only from July 1, 2014 to June 30, 2015.”

25-10-136. Private service contract notice required.

  1. The Department of Human Services shall notify the Senate Interim Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs prior to privatizing any functions or responsibilities of the Division of Youth Services.
  2. The report shall be in writing and shall be submitted to the Senate Interim Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs at least sixty (60) days prior to entering into a contract with a private business entity.
  3. In the event the General Assembly is in session, the Secretary of the Department of Human Services shall provide the report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth.

History. Acts 1999, No. 525, § 1; 2019, No. 910, § 5254.

Amendments. The 2019 amendment, in (c), substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services” and substituted “Chair of the Senate Interim Committee on Children and Youth” for “chair of the Senate Interim Committee on Children and Youth”.

25-10-137. Private service contract performance evaluation requirement.

  1. All new contracts which privatize services and functions which had been performed by employees of the Division of Youth Services of the Department of Human Services shall include a performance evaluation provision that outlines a method for evaluating the service provided under the contract. The provision shall identify the goals and performance indicators of the contract and how the state agency intends to evaluate the service provided.
  2. The department shall report to the Senate Interim Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs or appropriate subcommittees thereof at least annually regarding the performance evaluation of each contract.

History. Acts 1999, No. 525, § 2.

25-10-138. Education requirements for certain Division of Youth Services employees.

  1. With the assistance of the Office of Personnel Management, the Division of Youth Services shall promulgate rules to increase the education requirements for youth service workers and security officers employed by the division. If the services are under contract with the division, the employees of the contractor shall meet the education requirements promulgated by the division.
  2. No rule pertaining to education requirements for youth service workers or security officers promulgated hereafter by the division shall be effective until reviewed by the Legislative Council, the House Committee on Aging, Children and Youth, Legislative and Military Affairs, and the Senate Interim Committee on Children and Youth or appropriate subcommittees thereof of the General Assembly.

History. Acts 1999, No. 469, § 1; 2019, No. 315, § 2918; 2019, No. 910, § 6303.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (a); and substituted “rule” for “regulation” in (b).

The 2019 amendment by No. 910, in (a), deleted “of the Division of Management Services of the Department of Finance and Administration” following “Office of Personnel Management”, deleted “of the Department of Human Services” following “Division of Youth Services”, and substituted “division” or “Division of Youth Services” three times in (a); and substituted “division” for “Division of Youth Services” in (b).

25-10-139. Training requirements for certain Division of Youth Services employees.

    1. The Division of Youth Services shall promulgate rules to increase the hours of training provided to youth service workers and security officers employed by the division. If the services are under contract with the division, the employees of the contractor shall meet the training requirements promulgated by the division.
    2. The training requirements shall include, but not be limited to, training on the use of proper restraints and security crisis intervention as recommended by the Manual of Standards for Juvenile Training Schools and Services published by the American Correctional Association in cooperation with the Commission on Accreditation for Corrections.
    3. The training hours shall be satisfied by the employee on a yearly basis.
  1. No rule pertaining to the training required of youth service workers and security officers promulgated hereafter by the division shall be effective until reviewed by the Legislative Council, the House Committee on Aging, Children and Youth, Legislative and Military Affairs, and the Senate Interim Committee on Children and Youth or appropriate subcommittees thereof of the General Assembly.

History. Acts 1999, No. 469, § 2; 2019, No. 315, §§ 2919, 2920.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (a)(1); and substituted “rule” for “regulation” in (b).

25-10-140. [Repealed.]

Publisher's Notes. This section, concerning transfer of the Bureau of Alcohol and Drug Abuse Prevention to the Division of Behavioral Health, was repealed by Acts 2007, No. 827, § 194. The section was derived from Acts 2003, No. 1717, § 2.

25-10-141. Subpoenas in administrative adjudications.

      1. In every case of adjudication before the Department of Human Services, an administrative law judge shall have the power to issue subpoenas for the attendance of witnesses, the production of documents, or both, upon request of any party to the adjudication.
      2. Requests for a subpoena shall be granted by the administrative law judge if the testimony or documents desired are considered necessary and material without being unduly repetitious of other available evidence.
    1. Each subpoena shall:
      1. State that the subpoena is issued in a proceeding pending before the department;
      2. Contain the title of the administrative adjudication; and
      3. Command each person to whom it is directed to appear and give testimony at the time and place therein specified.
    2. Subpoenas may require the production of documents including:
      1. Writings;
      2. Drawings;
      3. Graphs;
      4. Charts;
      5. Photographs;
      6. Recordings; and
      7. Other data compilations from which information can be obtained.
    3. The party who requested a subpoena shall be responsible for serving the subpoena in the manner provided by law.
    4. Return of service shall be recorded, and the record shall be retained in the adjudication case file.
      1. The Pulaski County Circuit Court or the circuit court of the county of residence of any person duly served with a subpoena issued under this section may enforce the subpoena.
      2. Enforcement shall be in the manner provided by law for the enforcement of subpoenas issued by a circuit court.
  1. Upon motion and a showing of good cause, the presiding official may issue orders quashing or limiting subpoenas based on a determination that:
    1. The person subpoenaed does not have relevant, admissible evidence;
    2. The information or records sought are irrelevant to the adjudication;
    3. The information or records sought are confidential and not subject to disclosure or to production under federal laws or regulations or state law;
    4. Compliance with the subpoena would result in undue burden or expense; or
    5. The evidence possessed by the person subpoenaed or the information or record sought is unduly repetitious of other available evidence.
  2. If any child served with a subpoena to be a witness in an administrative hearing is a party to an open dependency-neglect or family-in-need-of-services case, the child's attorney ad litem shall be provided a copy of the subpoena.

History. Acts 2011, No. 1139, § 5.

25-10-142. [Repealed.]

A.C.R.C. Notes. Acts 2017, No. 897, § 20, amended this section to delete “State Child Abuse and Neglect Prevention Board and the” preceding “Department of Health”. However, this section was specifically repealed by Acts 2017, No. 896, § 4.

Publisher's Notes. This section, concerning home visitation program, was repealed by Acts 2017, No. 896, § 4. The section was derived from Acts 2013, No. 528, § 4.

25-10-143. Advisory opinions — Definition.

  1. As used in this section, “advisory opinion” means a written statement by the Secretary of the Department of Human Services or his or her designee that explains the applicability to a specified set of facts of a pertinent statutory or regulatory provision relating to the provision of medical items or services under the medical assistance program administered by the Department of Human Services.
    1. The secretary may issue an advisory opinion at the request of a provider enrolled in the medical assistance program.
    2. Except as provided under subsection (h) of this section, the opinion is binding upon the secretary with respect to that provider only.
    3. If the secretary cannot respond to the request for an advisory opinion, the secretary shall within thirty (30) days notify the provider that he or she will not be responding to the request for an opinion.
  2. A provider may request an advisory opinion concerning:
    1. A substantive question or a procedural matter;
    2. Questions arising before an audit or investigation concerning a provider's claim for payment or reimbursement; and
    3. A hypothetical or projected service plan.
  3. The secretary shall not issue an advisory opinion if the request for an advisory opinion relates to a pending question raised by the provider in an ongoing or initiated investigation conducted by the Medicaid Inspector General, the Attorney General, a criminal investigation, or a civil or criminal proceeding, or if the provider has received a written notice from the secretary or the Medicaid Inspector General that advises the provider of an imminent investigation, audit, suspended claim, or withholding of payment or reimbursement.
  4. This section does not supersede a federal regulation, law, requirement, or guidance.
  5. The secretary shall adopt a rule establishing the time within which an advisory opinion shall be issued and the criteria for determining the eligibility of a request for departmental response.
  6. An advisory opinion represents an expression of the views of the secretary as to the application of laws, rules, and other precedential material to the set of facts specified in the request for an advisory opinion.
    1. A previously issued advisory opinion found by the secretary to be in error may be modified or revoked.
    2. If the secretary modifies or revokes an advisory opinion, the modification or revocation operates prospectively.
    3. A recovery of medical assistance overpayments caused by a provider's reliance on an advisory opinion that is later modified or revoked is prohibited for the period up until the modification or revocation unless the provider is involved in fraud.
    4. The department promptly shall notify the provider of a modification or revocation of an advisory opinion.
  7. An advisory opinion shall include the following notice: “This advisory opinion is limited to the person or persons who requested the opinion and it pertains only to the facts and circumstances presented in the request.”
  8. An advisory opinion shall cite the pertinent law and rule upon which the advisory opinion is based.
  9. An advisory opinion or a modification or revocation of a previously issued advisory opinion is a public record.

History. Acts 2013, No. 1499, § 4; 2019, No. 910, § 5255.

Amendments. The 2019 amendment substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services” in (a); and substituted “secretary” for “director” in (b)-(h).

25-10-144. Governor's Advisory Commission on National Service and Volunteerism — Creation.

  1. There is established a Governor's Advisory Commission on National Service and Volunteerism.
  2. The purposes of the Governor's Advisory Commission on National Service and Volunteerism are to:
    1. Assist the community engagement program and staff of the Director's Office of the Division of Higher Education in setting goals, establishing priority activities, performing an advocacy role, and assisting in funding and resource development and publicity and recognition and awards programs; and
    2. Serve as the Arkansas Service Commission for the Edward M. Kennedy Serve America Act, as governed by 42 U.S.C. § 12638.
    1. The Governor's Advisory Commission on National Service and Volunteerism shall consist of fifteen (15) to twenty-five (25) voting members to be appointed by the Governor.
    2. The voting members shall include:
      1. One (1) or more members with expertise in the educational, training, and developmental needs of youth, particularly disadvantaged youth;
      2. One (1) or more members with experience in promoting the involvement of older adults in service and volunteering;
      3. One (1) or more members representing community-based agencies or community-based organizations;
      4. One (1) or more members representing local governments;
      5. One (1) or more members representing local labor organizations;
      6. One (1) or more members representing business;
      7. One (1) or more members between sixteen (16) and twenty-five (25) years of age who is a participant or supervisor in a volunteer or service program;
      8. One (1) or more members representing a national service program described in 42 U.S.C. § 12572, as it existed on January 1, 2015;
      9. The Commissioner of Elementary and Secondary Education or his or her designee; and
      10. One (1) or more members representing the volunteer sector.
    3. The voting members may also include:
      1. One (1) or more members selected from among local educators;
      2. One (1) or more members selected from among experts in the delivery of human, educational, environmental, or public safety services to communities and persons;
      3. One (1) or more representatives of Native American tribes;
      4. One (1) or more members selected from among out-of-school youth or other at-risk youth; and
      5. One (1) or more representatives of entities that receive assistance under the Domestic Volunteer Service Act of 1973, 42 U.S.C. § 4950 et seq., as it existed on January 1, 2015.
    4. The Corporation for National and Community Service may appoint an ex officio nonvoting member of the Governor's Advisory Commission on National Service and Volunteerism.
    5. The number of voting members who are state employees or officers may not exceed twenty-five percent (25%) of the total membership.
      1. The Governor shall ensure, to the maximum extent practicable, that the membership of the Governor's Advisory Commission on National Service and Volunteerism is diverse with respect to race, ethnicity, age, gender, and disability characteristics.
      2. Not more than fifty percent (50%) of the voting members, plus one (1) additional member, may be from the same political party.
    1. A member of the Governor's Advisory Commission on National Service and Volunteerism shall be appointed for terms of three (3) years.
    2. The members initially appointed shall draw lots for staggered terms, such that an equal number of terms shall expire each calendar year.
      1. In the event of a vacancy, the Governor shall appoint an eligible member to serve the remainder of the term.
      2. The vacancy shall not affect the power of the remaining members to execute the duties of the Governor's Advisory Commission on National Service and Volunteerism.
  3. The voting members of the Governor's Advisory Commission on National Service and Volunteerism shall elect one (1) of the voting members to serve as chair.
  4. A member of the Governor's Advisory Commission on National Service and Volunteerism shall serve without compensation but may receive expense reimbursements in accordance with § 25-16-902.
  5. [Repealed.]

History. Acts 2015, No. 111, § 2; 2017, No. 913, §§ 7, 8; 2019, No. 910, §§ 2385, 2386.

Amendments. The 2017 amendment, in (b)(1), inserted “community engagement” and substituted “the Director's Office” for “the Division of Community Service and Nonprofit Support”; and repealed (g).

The 2019 amendment substituted “Division of Higher Education” for “Department of Human Services” in (b)(1); substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (c)(2)(I); and added (c)(2)(J).

Subchapter 2 — Division of State Services for the Blind

A.C.R.C. Notes. Acts 1985, No. 348, § 1, provided, in part, that the Division of State Services for the Blind and the Board of the Division of State Services for the Blind would continue to function within the Department of Human Services with the same powers prescribed by this subchapter, but that, for organizational purposes, they would be assigned to divisions or offices of the department as determined by the director.

Acts 2014, No. 114, § 4, provided:

“COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT. The Rehabilitation Act Amendments of 1992, commonly referred to as the Comprehensive System of Personnel Development (CSPD), requires State Vocational Rehabilitation (VR) agencies to establish qualified personnel standards for rehabilitation personnel, including Vocational Rehabilitation Counselors, that are consistent with any national or State-approved or recognized certification, licensing, or registration that apply to a particular profession. In order to comply with the Rehabilitation Act and its State Plan requirements, there is hereby authorized for the Department of Human Services, Division of Services for the Blind a general waiver of the Financial Management Guide, R1-19-4-522 Continuing Professional Education. This waiver allows the agency to provide college level coursework in degree programs for Rehabilitation Counselors selected by the agency. This provision covers any and all formula and discretionary grants funded by the U.S. Department of Education Rehabilitation Services Administration, now or in the future, including, but not limited to, the Vocational Rehabilitation Program, Supported Employment, Independent Living, and the Staff Development Grant. No state general revenue shall be expended for the tuition in pursuit of a degree authorized herein.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 983, § 4, provided: “COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT.

The Rehabilitation Act Amendments of 1992, commonly referred to as the Comprehensive System of Personnel Development (CSPD), requires State Vocational Rehabilitation (VR) agencies to establish qualified personnel standards for rehabilitation personnel, including Vocational Rehabilitation Counselors, that are consistent with any national or State-approved or recognized certification, licensing, or registration that apply to a particular profession. In order to comply with the Rehabilitation Act and its State Plan requirements, there is hereby authorized for the Department of Human Services, Division of Services for the Blind a general waiver of the Financial Management Guide, R1-19-4-522 Continuing Professional Education. This waiver allows the agency to provide college level coursework in degree programs for Rehabilitation Counselors selected by the agency. This provision covers any and all formula and discretionary grants funded by the U.S. Department of Education Rehabilitation Services Administration, now or in the future, including, but not limited to, the Vocational Rehabilitation Program, Supported Employment, Independent Living, and the Staff Development Grant. No state general revenue shall be expended for the tuition in pursuit of a degree authorized herein.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 89, § 4, provided: “COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT.

The Rehabilitation Act Amendments of 1992, commonly referred to as the Comprehensive System of Personnel Development (CSPD), requires State Vocational Rehabilitation (VR) agencies to establish qualified personnel standards for rehabilitation personnel, including Vocational Rehabilitation Counselors, that are consistent with any national or State-approved or recognized certification, licensing, or registration that apply to a particular profession. In order to comply with the Rehabilitation Act and its State Plan requirements, there is hereby authorized for the Department of Human Services, Division of Services for the Blind a general waiver of the Financial Management Guide, R1-19-4-522 Continuing Professional Education. This waiver allows the agency to provide college level coursework in degree programs for Rehabilitation Counselors selected by the agency. This provision covers any and all formula and discretionary grants funded by the U.S. Department of Education Rehabilitation Services Administration, now or in the future, including, but not limited to, the Vocational Rehabilitation Program, Supported Employment, Independent Living, and the Staff Development Grant. No state general revenue shall be expended for the tuition in pursuit of a degree authorized herein.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2016, No. 120, § 10, provided: “COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT.

Section 101(a)(7) of the Rehabilitation Act Amendments of 1992, commonly referred to as the Comprehensive System of Personnel Development (CSPD), requires State Vocational Rehabilitation (VR) agencies to establish qualified personnel standards for rehabilitation personnel, including VR counselors, that are consistent with any national or State-approved or recognized certification, licensing, or registration that apply to a particular profession. In order to comply with the Rehabilitation Act and its State Plan requirements, there is hereby authorized for the Department of Career Education-Arkansas Rehabilitation Services a general waiver of the Financial Management Guide, R1-19-4-522 Continuing Professional Education. This waiver allows the agency to provide college level coursework in degree programs for any eligible employees selected by the agency. This provision covers any and all formula and discretionary grants funded by the U.S.D.O.E. Rehabilitation Services Administration, now or in the future, including, but not limited to, the Vocational Rehabilitation Program, Supported Employment, Independent Living, and the Staff Development Grant. The waiver applies to federal financial participation (FFP), state general revenue share, and program income.

“The provisions of this section shall be in effect from July 1, 2016 through June 30, 2017.”

Acts 2017, No. 838, § 4, provided: “COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT.

The Rehabilitation Act Amendments of 1992, commonly referred to as the Comprehensive System of Personnel Development (CSPD), requires State Vocational Rehabilitation (VR) agencies to establish qualified personnel standards for rehabilitation personnel, including Vocational Rehabilitation Counselors, that are consistent with any national or State-approved or recognized certification, licensing, or registration that apply to a particular profession. In order to comply with the Rehabilitation Act and its State Plan requirements, there is hereby authorized for the Department of Human Services, Division of State Services for the Blind a general waiver of the Financial Management Guide, R1-19-4-522 Continuing Professional Education. This waiver allows the agency to provide college level coursework in degree programs for any eligible employees selected by the agency. This provision covers any and all formula and discretionary grants funded by the U.S. Department of Education Rehabilitation Services Administration, now or in the future, including, but not limited to, the Vocational Rehabilitation Program, Supported Employment, Independent Living, and the Staff Development Grant. No state general revenue shall be expended for the tuition in pursuit of a degree authorized herein.

“The provisions of this section shall be in effect only from July 1, 2017 through June 30, 2018.”

Acts 2018, No. 153, § 10, provided: “COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT.

Section 101(a)(7) of the Rehabilitation Act Amendments of 1992, commonly referred to as the Comprehensive System of Personnel Development (CSPD), requires State Vocational Rehabilitation (VR) agencies to establish qualified personnel standards for rehabilitation personnel, including VR counselors, that are consistent with any national or State-approved or recognized certification, licensing, or registration that apply to a particular profession. In order to comply with the Rehabilitation Act and its State Plan requirements, there is hereby authorized for the Department of Career Education-Arkansas Rehabilitation Services a general waiver of the Financial Management Guide, R1-19-4-522 Continuing Professional Education. This waiver allows the agency to provide college level coursework in degree programs for any eligible employees selected by the agency. This provision covers any and all formula and discretionary grants funded by the U.S.D.O.E. Rehabilitation Services Administration, now or in the future, including, but not limited to, the Vocational Rehabilitation Program, Supported Employment, Independent Living, and the Staff Development Grant. The waiver applies to federal financial participation (FFP), state general revenue share, and program income.

“The provisions of this section shall be in effect only from July 1, 2018 through June 30, 2019.”

Cross References. Professional health services personnel, parity in compensation, § 20-9-101.

School for the blind, § 6-43-201 et seq.

Effective Dates. Acts 1983, No. 481, § 12: July 1, 1983. Emergency clause provided: “The General Assembly hereby finds and determines that an immediate need exists to improve the delivery of services to blind and visually impaired citizens of Arkansas; that the establishment of the Division of State Services for the Blind will improve the delivery of services to blind and visually impaired persons and that the efficient operation of State government will be promoted by establishing the Division at the beginning of the next fiscal year. Therefore, an emergency is declared to exist and this Act, being necessary for the preservation of the public peace, health, and safety, shall be in full force and effect on July 1, 1983.”

Acts 1995, No. 1198, § 110: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety; Section 99 shall be in full force and effect from and after the date of passage and approval and the remainder of the Act shall be in full force and effect from and after July 1, 1995.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Acts 2020, No. 168, § 10: July 1, 2020. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2020 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2020 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2020”.

25-10-201. Public policy.

  1. It is the public policy of the State of Arkansas to furnish blind and visually handicapped persons those services which are reasonably necessary to allow them the opportunity to lead full, useful, and productive lives and to expend funds available for that purpose in the most efficient and effective manner possible.
  2. The General Assembly finds that this purpose may be best accomplished by the establishment of a Division of State Services for the Blind within the Department of Commerce with the necessary authority to administer the services and programs for the blind and visually impaired.

History. Acts 1983, No. 481, § 1; A.S.A. 1947, § 5-939; Acts 2020, No. 168, § 7.

Amendments. The 2020 amendment substituted “Department of Commerce” for “Department of Human Services” in (b).

Case Notes

Cited: Ark. Dep't of Human Servs. v. Clark, 304 Ark. 403, 802 S.W.2d 461 (1991).

25-10-202. Definitions.

As used in this subchapter, unless the context otherwise requires:

  1. “Blind”, for the purposes of qualification for appointment as a member of the Board of the Division of State Services for the Blind within the Department of Commerce, means a person having not more than twenty/two hundred (20/200) visual acuity in the better eye with corrective lenses, or visual acuity greater than twenty/two hundred (20/200), but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle of no greater than twenty degrees (20°); and
  2. “Visually handicapped”, as a term, shall be defined by rules of the board, and the board shall have sole and exclusive authority to define and determine whether any person is “blind” or “visually handicapped” for purposes of determining eligibility to participate in government programs under this subchapter.

History. Acts 1983, No. 481, § 4; A.S.A. 1947, § 5-942; Acts 2019, No. 315, § 2921.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (2).

25-10-203. Exemption.

No provision of this subchapter shall apply to any program or service currently operated or administered by the Arkansas School for the Blind or the State Library Board, and this subchapter shall not amend or repeal any statutory provision governing the operation of the School for the Blind or the Arkansas State Library.

History. Acts 1983, No. 481, § 7; A.S.A. 1947, § 5-945.

25-10-204. Powers and duties.

    1. The Division of State Services for the Blind within the Department of Human Services is designated as the agency of the State of Arkansas primarily responsible for carrying out state and federal programs for rehabilitative social services or business enterprises for blind and visually handicapped citizens of the state, including, but not limited to, those programs and services established pursuant to the Rehabilitation Act of 1973, as amended, Pub. L. No. 93-112, and any subsequent legislation to Pub. L. No. 93-112. The division, as the designated agency, shall receive the full, complete, effective, and timely cooperation of any and all other agencies, organizations, or offices receiving financial support by or through the State of Arkansas, either directly or indirectly, and in any amount.
    2. The division shall be responsible for the administration of all functions and programs relating or pertaining to rehabilitation and social services, and business enterprise services for the blind, including the organized vending facility program as now established, for which the division shall serve as the licensing agency for the blind.
  1. The division is designated as the unit of the state government of Arkansas primarily responsible for assuring that citizens with disabling visual impairments shall receive the full benefit of services for which federal grants-in-aid assistance in any form, under any title, and from any source shall be available from time to time to accomplish the purposes of this subchapter.
  2. The division is authorized to enter into such contracts with the federal government, to submit such plans to the federal government, and to adopt such methods of administration as the federal government may require in order to assure maximum federal financial involvement in those services and functions which the division is authorized to administer directly.
    1. The division may assist all other state agencies, departments, offices, or committees traditionally and legally responsible for the direct administration of services which bear upon the objective of preventing or ameliorating disabling visual impairments throughout the State of Arkansas by providing technical advice and consultation to those state organizations, reviewing plans and program material developed and maintained within those state organizations, making appropriate recommendations, and carrying out the evaluation functions previously assigned to the Office for the Blind and Visually Impaired.
    2. Where it is mutually determined by the division and one (1) or more other state agencies that it would be to the best interest of the taxpayers of the state or to the advantage of individuals with disabling visual impairments for the other agency or agencies directly to provide a particular service which tends to prevent or ameliorate disabling visual impairments, the division and the state agency or agencies involved are authorized to enter into interagency contracts or agreements which might reasonably be necessary to assure that the service is provided effectively and in a manner consistent with maximally efficient use of available resources.

History. Acts 1983, No. 481, §§ 5, 6; A.S.A. 1947, §§ 5-943, 5-944.

Publisher's Notes. Acts 1983, No. 481, § 5, in part, transferred the Office for the Blind and Visually Impaired of the Department of Human Services, and all its powers, personnel, equipment, etc., to the Division of State Services for the Blind.

U.S. Code. The Rehabilitation Act of 1973, referred to in this section, is codified as 29 U.S.C. § 701 et seq.

25-10-205. Board of the Division of State Services for the Blind.

  1. There is created a board to be known as the Board of the Division of State Services for the Blind, to be constituted as follows:
      1. The board shall be composed of seven (7) members appointed by the Governor with the advice and consent of the Senate.
        1. One (1) member shall be appointed by the Governor after consulting each of the following:
          1. The National Federation of the Blind of Arkansas;
          2. The American Council of the Blind of Arkansas;
          3. The Arkansas Lions Clubs Council of Governors, who shall be a member of a member club of the International Association of Lions Clubs within Multiple District Seven for Arkansas;
          4. The Association for Education and Rehabilitation of the Blind and Visually Impaired; and
          5. The Arkansas School for the Blind.
        2. Appointments made by the Governor under subdivision (a)(1)(B)(i) of this section shall be subject to confirmation by the Senate.
      2. The Governor shall appoint two (2) at-large members.
      3. One (1) or more of the members of the board shall be at least fifty-five (55) years of age.
      4. At least four (4) members of the board shall be blind as defined in § 25-10-202.
    1. Any board member whose term has expired shall continue to serve as a member of the board until the member's successor is appointed and qualified;
    2. All board members shall be appointed for terms of four (4) years, and no person may serve more than two (2) consecutive full terms; and
    3. All vacancies which occur for any reason shall be filled by appointment by the Governor, and any interim appointments shall be limited to the unexpired term of the position vacated. Any person appointed to fill a vacancy shall meet the qualifications for appointment held by his or her predecessor on the board.
  2. The President of World Services for the Blind, the Superintendent of the Arkansas School for the Blind, one (1) representative appointed by the American Association of Workers for the Blind of Arkansas, one (1) representative appointed by the Blinded Veterans Association of Arkansas, and one (1) representative appointed by the Arkansas Association of Blind Business Managers shall serve as ex officio nonvoting members of the board. Additional ex officio nonvoting members may be appointed by the Governor at the request of a majority of the board.
  3. Each member or ex officio member appointed to the board, before entering upon the duties of office, shall take the oath prescribed by the Arkansas Constitution for state officers and shall file the oath in the office of the Secretary of State, who shall thereupon issue to the member a certificate of appointment.
  4. Upon recommendation of a majority of the regular board members, the Governor may remove any member of the board at any time for misconduct, incompetency, neglect of duty, or any other good cause as may be determined by the board.
  5. The board members shall not receive compensation for performance of their duties. However, they may receive expense reimbursement in accordance with § 25-16-901 et seq.
  6. After the members of the board have been duly appointed and are serving, the board shall choose a chair from among the regular members as presiding officer, who shall serve for a term of two (2) years. The board shall also elect from among its regular members a vice chair and a secretary, who shall serve for a term of one (1) year.
  7. The board shall meet at least quarterly at those times and places as it may determine from time to time.
    1. The board shall employ a commissioner, subject to the approval of the Governor, qualified by experience to administer and implement the policies and directives of the board.
    2. The commissioner shall report to the Secretary of the Department of Commerce.
    3. The board may employ or appoint any additional personnel necessary to carry out the functions, duties, and responsibilities entrusted to the Division of State Services for the Blind in accordance with the requirements of law and within the limits of available appropriations.

History. Acts 1983, No. 481, §§ 2, 3; A.S.A. 1947, §§ 5-940, 5-941; Acts 1997, No. 250, § 235; 2015, No. 1100, § 60; 2019, No. 910, § 613.

Amendments. The 2015 amendment redesignated former (a)(1)(B) as (a)(1)(B)(i); rewrote the introductory language of (a)(1)(B)(i); and added (a)(1)(B)(ii).

The 2019 amendment redesignated the former first sentence of (h) as (h)(1), inserted (h)(2), and redesignated the former second sentence of (h) as (h)(3).

25-10-206. Legal counsel.

The Division of State Services for the Blind within the Department of Commerce or any employees or committees thereof shall be entitled to the services of the Attorney General in connection with the operation of the affairs of the division.

History. Acts 1983, No. 481, § 9; A.S.A. 1947, § 5-947; Acts 2019, No. 910, § 614.

Amendments. The 2019 amendment substituted “Department of Commerce” for “Department of Human Services”.

25-10-207. State Services for the Blind Fund Account.

Any sums provided by the General Assembly for the purposes of this subchapter shall be kept by the Treasurer of State in a fund to be designated as the “State Services for the Blind Fund Account” and shall be used to carry out the particular purposes assigned to it in this subchapter.

History. Acts 1983, No. 481, § 8; A.S.A. 1947, § 5-946; Acts 1993, No. 403, § 20; 2019, No. 910, § 615.

Amendments. The 2019 amendment substituted “State Services for the Blind Fund Account” for “State Services for the Blind Fund Account of the Department of Human Services Fund”.

25-10-208. State services for the blind — Supplemental insurance.

Staff members who transport blind and visually impaired persons on official state business of the Division of State Services for the Blind within the Department of Commerce are entitled to reimbursement for supplemental insurance costs. Costs incurred for supplemental liability automobile insurance above the minimum required by law for the purpose of including coverage for work-related activities shall be reimbursed through standard travel procedures annually, not to exceed fifty dollars ($50.00) per year.

History. Acts 1995, No. 1198, § 68; 2019, No. 910, § 616.

Amendments. The 2019 amendment substituted “Department of Commerce” for “Department of Human Services” in the first sentence.

25-10-209. Information Reading Services for the Blind created.

  1. Information Reading Services for the Blind is created within the Division of State Services for the Blind.
  2. The Information Reading Services for the Blind shall be:
    1. An integral part of the rehabilitation state plan of the division;
    2. A network to:
      1. Provide audible access to statewide public notices, newspaper articles of interest, and other information, particularly at the local level, to persons who are visually handicapped; and
      2. Translate existing local, state, and national information into an audible format to make it available for access by visually handicapped persons; and
    3. Available to all state agencies as a means of making public notices audibly accessible to visually handicapped persons who cannot read print.
  3. This section does not limit the eligibility of the Information Reading Services for the Blind to receive line-item state or federal grant funding targeted solely for support of its programming.
  4. The Director of the Division of State Services for the Blind shall consult at least annually with active consumers of the Information Reading Services for the Blind, including participating state agencies, in the design, improvement, and delivery of the services.

History. Acts 2007, No. 74, § 2; 2019, No. 910, §§ 617, 618.

A.C.R.C. Notes. Acts 2007, No. 74, § 1, provided:

“Public policy — Findings.

“(a) It is the public policy of the State of Arkansas to:

“(1) Provide visually handicapped persons with services that are reasonably necessary to allow visually handicapped persons the opportunity to lead full, useful, and productive lives; and

“(2) Expend funds intended to improve the lives of visually handicapped persons in the most efficient and effective manner possible.

“(b) The General Assembly finds that the purposes set forth in subsection (a) of this section may be advanced by the establishment in law of an Information Reading Services for the Blind within the Division of State Services for the Blind of the Department of Health and Human Services to provide audible access to statewide public notices, newspaper articles of interest, and other information, particularly at the local level, to persons who are visually handicapped.”

Amendments. The 2019 amendment, in (a), and (d) substituted “Department of Commerce” for “Department of Human Services”; and made a stylistic change.

Subchapter 3 — Division of Youth Services

25-10-301 — 25-10-305. [Repealed.]

Publisher's Notes. These sections, concerning the former Division of Youth Services of the Department of Human Services, were repealed by Acts 1995, No. 1261, § 18. The sections were derived from the following sources:

25-10-301. Acts 1993, No. 1296, § 1.

25-10-302. Acts 1993, No. 1296, §§ 2, 3.

25-10-303. Acts 1993, No. 1296, § 3.

25-10-304. Acts 1993, No. 1296, § 3.

25-10-305. Acts 1993, No. 1296, § 3.

For present law, see § 9-28-201 et seq.

Subchapter 4 — Department of Human Services State Institutional System

A.C.R.C. Notes. Acts 1995, No. 1162, § 3 provided:

“All powers vested in the State Hospital Board and Arkansas Youth Services Board are hereby transferred by type one transfer to the DHS State Institutional System Board, and any reference to the State Hospital Board or the Arkansas Youth Services Board contained in the Arkansas Code of 1987 Annotated, shall be deemed to refer to the DHS State Institutional System Board.”

Cross References. Division of Youth Services, § 9-28-201 et seq.

Effective Dates. Acts 2007, No. 384, § 11: Mar. 19, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that many services delivered by the various divisions, offices, and units the Department of Health and Human Services are essential to the public health, safety, and welfare; that the state fiscal year begins July 1; that beginning the process of decoupling the Division of Health of the Department of Health and Human Services from the Department of Health and Human Services during a fiscal year will cause disruptions of services and unnecessary time, effort, and expense in reallocating appropriations, budgets, personnel, equipment, and capital expenditures during a fiscal year; and that this act is immediately necessary because a delay beyond the beginning of the fiscal year will disrupt essential programs and services. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

25-10-401. Creation.

The state institutions known as the Arkansas State Hospital at Little Rock, the Arkansas Health Center at Benton, the Arkansas Services Center at Jonesboro, the youth services center located at North Little Rock, the Arkansas Juvenile Assessment and Treatment Center located in Saline County, and all other facilities owned and operated by the department for youth services or mental health treatment are consolidated to form the Department of Human Services State Institutional System.

History. Acts 1995, No. 1162, § 1; 1997, No. 1333, § 2; 2005, No. 1954, § 10; 2007, No. 384, § 10; 2007, No. 855, § 1; 2009, No. 549, § 2.

A.C.R.C. Notes. Acts 2005, No. 1954, § 1, provided:

“Legislative purpose.

“(a) The General Assembly declares that this act is necessary to:

“(1) Improve the health of the citizens of Arkansas in an effective and efficient manner; and

“(2) Provide for administrative cost savings in the delivery of health-related programs by combining overlapping functions and eliminating duplications of functions of the Department of Health and the Department of Human Services.

“(b) It is the intent of the General Assembly to provide for an orderly transfer of powers, authorities, duties, and functions of the Department of Health to the Department of Human Services with a minimum of disruption of governmental services and functions and with a minimum of expense.”

Acts 2007, No. 384, § 1, provides:

“Creation of the Department of Health.

“(a) There is created the Department of Health, that is to be established if the Governor orders the separation of the Division of Health of the Department of Health and Human Services from the Department of Health and Human Services.

“(b) If the Governor establishes the Department of Health under subsection (a) of this section, the Arkansas Code Revision Commission shall replace all references in the Arkansas Code to the:

“(1) Division of Health of the Department of Health and Human Services” or “Division of Health” with “Department of Health”; and

“(2) Department of Health and Human Services” with “Department of Human Services”.

“(c) Sections 2 through 12 of this act become effective only if the Governor establishes the Department of Health under subsection (a) of this section.”

Acts 2007, No. 384, § 2, provides:

“Transfer of the Division of Health of the Department of Health and Human Services out of the Department of Health and Human Services.

“(a) Effective sixty (60) days after the Governor establishes the Department of Health under this act, and as provided in the orders of the Governor, the following may be transferred to the Department of Health:

“(1) Authority, powers, duties, and functions as established by law for the Division of Health of the Department of Health and Human Services, including purchasing, budgeting, fiscal, accounting, human resources, payroll, legal, information systems, maintenance, program support, administrative support, and other management functions;

“(2) Records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the Division of Health of the Department of Health and Human Services;

“(3) Rulemaking, regulation, and licensing, promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications as established by law for the Division of Health of the Department of Health and Human Services, except as otherwise specified in this act.

“(b) Powers, duties, and functions, including without limitation, rulemaking, regulation, and licensing, promulgation of rules, rates, regulations, and standards, budgetary responsibilities, and the rendering of findings, orders, and adjudications as established by law for the Breast Cancer Control Program or other transferred entities within the Division of Health of the Department of Health and Human Services shall be retained as they existed on June 30, 2005.

“(c) The Governor may appoint a Surgeon General in accordance with § 20-7-103.”

Acts 2007, No. 384, § 3, provides:

“Transfer of the State Board of Health to the Department of Health.

“(a) Effective sixty (60) days after the Department of Health is established, the State Board of Health shall be transferred to the Department of Health.

“(b) The State Board of Health shall receive administrative support from the Department of Health and shall retain the same powers, authorities, duties, and functions prescribed by law as it had before the transfer and shall have all rule-making authority prescribed by law to the Division of Health of the Department of Health and Human Services before the transfer, except as provided for in this act, including, without limitation:

“(1) Rule making, licensing, and registration;

“(2) The promulgation of rules, rates, and standards;

“(3) Examining, investigating, inspecting, and reviewing; and

“(4) The rendering of findings, orders, and adjudications.”

Acts 2014, No. 261, § 22, provided: “ARKANSAS HEALTH CENTER.

“(A) The Department of Human Services shall not close the Arkansas Health Center that provides skilled nursing through specialized services and programs.

“(B) The Department of Human Services shall continue to accept clients for whom it has determined that skilled nursing and specialized services are needed at the Arkansas Health Center.

“(C) No funds shall be transferred or reduced from the Arkansas Health Center, except for use as federal matching funds, below the approved funding level on March 1, 2003 without the prior approval of the Arkansas Legislative Council or the Joint Budget Committee.

“(D) Determining the maximum amount of appropriation and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization law. Further, the General Assembly has determined that the Department of Human Services may operate more efficiently if some flexibility is provided to the Department of Human Services authorizing broad powers under this Section. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 981, § 22, provided: “ARKANSAS HEALTH CENTER.

“(A) The Department of Human Services shall not close the Arkansas Health Center that provides skilled nursing through specialized services and programs.

“(B) The Department of Human Services shall continue to accept clients for whom it has determined that skilled nursing and specialized services are needed at the Arkansas Health Center.

“(C) No funds shall be transferred or reduced from the Arkansas Health Center, except for use as federal matching funds, below the approved funding level on March 1, 2003 without the prior approval of the Arkansas Legislative Council or the Joint Budget Committee.

“(D) Determining the maximum amount of appropriation and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization law. Further, the General Assembly has determined that the Department of Human Services may operate more efficiently if some flexibility is provided to the Department of Human Services authorizing broad powers under this Section. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 93, § 22, provided: “ARKANSAS HEALTH CENTER.

“(A) The Department of Human Services shall not close the Arkansas Health Center that provides skilled nursing through specialized services and programs.

“(B) The Department of Human Services shall continue to accept clients for whom it has determined that skilled nursing and specialized services are needed at the Arkansas Health Center.

“(C) No funds shall be transferred or reduced from the Arkansas Health Center, except for use as federal matching funds, below the approved funding level on March 1, 2003 without the prior approval of the Arkansas Legislative Council or the Joint Budget Committee.

“(D) Determining the maximum amount of appropriation and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization law. Further, the General Assembly has determined that the Department of Human Services may operate more efficiently if some flexibility is provided to the Department of Human Services authorizing broad powers under this Section. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2017, No. 840, § 16, provided: “ARKANSAS HEALTH CENTER.

“(A) The Department of Human Services shall not close the Arkansas Health Center that provides skilled nursing through specialized services and programs.

“(B) The Department of Human Services shall continue to accept clients for whom it has determined that skilled nursing and specialized services are needed at the Arkansas Health Center.

“(C) No funds shall be transferred or reduced from the Arkansas Health Center, except for use as federal matching funds, below the approved funding level on March 1, 2003 without the prior approval of the Arkansas Legislative Council or the Joint Budget Committee.

“(D) Determining the maximum amount of appropriation and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization law. Further, the General Assembly has determined that the Department of Human Services may operate more efficiently if some flexibility is provided to the Department of Human Services authorizing broad powers under this Section. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2017 through June 30, 2018.”

Amendments. The 2009 amendment rewrote the section to correct agency names.

25-10-402. Purpose — Guidelines.

  1. The Department of Human Services State Institutional System Board is established to manage the Department of Human Services State Institutional System, as provided and intended by Arkansas Constitution, Amendment 33.
  2. The board shall perform its functions and duties in accordance with the general guidelines, policies, and rules of the Department of Human Services governing divisions, offices, sections, or units within the department with respect to budgets, personnel and personnel policies, records, purchasing, bookkeeping, and other administrative procedures prescribed by the Secretary of the Department of Human Services.

History. Acts 1995, No. 1162, § 2; 2005, No. 1954, § 11; 2007, No. 384, § 10; 2009, No. 549, § 3; 2019, No. 315, § 2922; 2019, No. 910, § 5256.

Amendments. The 2009 amendment rewrote (a).

The 2019 amendment by No. 315 substituted “rules” for “regulations” in (b).

The 2019 amendment by No. 910, in (b), substituted “Department of Human Services” for “department” and substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services”.

25-10-403. Members.

  1. The Department of Human Services State Institutional System Board shall consist of a membership of seven (7).
  2. The individual members will be appointed by the Governor.

History. Acts 1995, No. 1162, § 4.

25-10-404. Arkansas Juvenile Assessment and Treatment Center.

The youth services center located at Alexander shall be known as the “Arkansas Juvenile Assessment and Treatment Center”.

History. Acts 2007, No. 855, § 2.

Chapter 11 Arkansas Economic Development Commission

Cross References. Arkansas Energy Office Division, § 15-10-203.

Enterprise zones, § 15-4-1701 et seq.

Effective Dates. Acts 1971, No. 38, §§ 23, 24: Act effective Feb. 4, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that there is an immediate need to establish a more responsive and responsible state government sufficiently flexible to meet changing conditions and to establish executive authority in those areas where executive responsibility presently lies and to promote economies in the operation of the government by the consolidation of various departments, boards, and commissions; and that only by the immediate passage of this act may procedures be established for effectuating a more responsive, responsible, and economic state government. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 65, § 10: approved Feb. 7, 1979. Emergency clause provided: “It has been found and it is hereby declared by the General Assembly that the State of Arkansas has had heretofore an inadequate program for the economic development of the State and its several sections; that on account of such inadequate program the State of Arkansas has been unable to provide for its inhabitants sufficient opportunities in agriculture and industry; that unless an adequate program for the economic development of the State be immediately undertaken the State of Arkansas will suffer immediate and irreparable further loss in the opportunity for economic expansion; and that only by the passage of this Act and giving immediate effect to its provisions can the State of Arkansas further secure for its inhabitants opportunities for economic development. An emergency, therefore, is hereby declared to exist, and this Act being necessary for the preservation of the public peace, health and safety shall take effect and be in full force from and after its passage.”

Acts 1981, No. 41, § 10: Feb. 10, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Arkansas Industrial Development Commission as established by Act 404 of 1955 rendered great service to the State of Arkansas in developing programs, objectives, and goals for the industrial development of this State, and that the “AIDC” emblem became symbolic, not only in this State but throughout the Nation, of Arkansas' outstanding industrial and economic potential and growth; and that the reestablishment of the Arkansas Department of Industrial Development and the Arkansas Industrial Development Commission (AIDC) is essential to the State in gaining the continuing advantages of the economic progress instituted more than a quarter of a century ago; and that the immediate passage of this Act is necessary to accomplish said purposes and to provide means for accelerated progress in the economic development of this State, thereby providing for increased payrolls, job opportunities, and tax income for the support of the public services of this State. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 2007, No. 1602, § 8: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act renames the Department of Economic Development and the Arkansas Economic Development Commission and that the ideal time to implement these names changes is at the beginning of the state's fiscal year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Acts 2013, No. 1111, § 2: July 1, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the weatherization services provided to eligible recipients of the Weatherization Assistance Program need to be continued; that eligible recipients should not be subject to a lengthy delay due to the transition of the Weatherization Assistance Program; that the financial benefits of the weatherization services provided reduce the amount of money spent on utilities and offer a greater level of comfort to recipients; and that this act is immediately necessary to ensure there is no delay in services provided to qualified individuals in need of weatherization services. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2013.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

25-11-101. Creation — Director — Organization — Personnel.

  1. There is created the Arkansas Economic Development Commission.
    1. The executive head of the commission shall be the Director of the Arkansas Economic Development Commission. The director shall be appointed by the Governor, with the advice of the Arkansas Economic Development Council and the consent of the Senate, and shall serve at the pleasure of the Governor.
    2. The director shall report to the Secretary of the Department of Commerce.
  2. The commission shall consist of the divisions that may be necessary to fulfill its purposes and that may be created by law and placed under the commission.
  3. The director, with the advice and consent of the Governor, shall appoint the heads of the respective divisions. All other personnel of the commission shall be employed by and shall serve at the pleasure of the director. However, nothing in this section shall be so construed as to reduce any right that an employee of the commission shall have under any civil service or merit system.
  4. Each division of the commission shall be under the direction, control, and supervision of the director. The director may delegate his or her functions, powers, and duties to various divisions of the commission as he or she shall deem desirable and necessary for the effective and efficient operation of the commission.
  5. All personnel of the commission are employees of the Department of Commerce.

History. Acts 1971, No. 38, § 6; 1979, No. 65, § 2; 1981, No. 41, § 2; A.S.A. 1947, § 5-906; Acts 1997, No. 540, § 49; 2007, No. 1602, § 4; 2019, No. 910, § 619.

A.C.R.C. Notes. Acts 2007, No. 1602, § 1, provided: “SECTION 1. Department of Economic Development renamed Arkansas Economic Development Commission.

“(a)(1) The Department of Economic Development, as it is referred to or empowered through the Arkansas Code, is renamed.

“(2) In its place, the Arkansas Economic Development Commission is established, succeeding to the general powers and responsibilities previously assigned to the Department of Economic Development.

“(3) The Director of the Department of Economic Development shall identify and revise all interagency agreements, financial instruments, funds, and other necessary legal documents in order to effect this change.”

“(b) Nothing in this act shall be construed as impairing the powers and authority of the Department of Economic Development before the effective date of the name change.

“(c) Appropriations authorized for the personal services and operating expenses of the Department of Economic Development may be utilized for the personal services and operating expenses of the Arkansas Economic Development Commission.”

Acts 2007, No. 1602, § 2, provided: “SECTION 2. Arkansas Economic Development Commission renamed Arkansas Economic Development Council.

“(a)(1) The Arkansas Economic Development Commission, as it is referred to or empowered through the Arkansas Code, is renamed.

“(2) In its place, the Arkansas Economic Development Council is established, succeeding to the general powers and responsibilities previously assigned to the Arkansas Economic Development Commission.

“(3) The Chair of the Arkansas Economic Development Commission shall identify and revise all interagency agreements, financial instruments, funds, and other necessary legal documents in order to effect this change.

“(b) Nothing in this act shall be construed as impairing the powers and authority of the Arkansas Economic Development Commission before the effective date of the name change.

“(c) Appropriations authorized for the personal services and operating expenses of the Arkansas Economic Development Commission may be utilized for the personal services and operating expenses of the Arkansas Economic Development Council.”

Acts 2007, No. 1602, § 6, provided: “SECTION 6.

“(a) This act shall not be construed as impairing the continued effectiveness of any rules or orders promulgated or issued by the Department of Economic Development or the Arkansas Economic Development Commission before the effective date of this act.

“(b) This act shall not be construed as extinguishing or otherwise affecting the unexpired terms of any current members of the Arkansas Economic Development Commission.”

Acts 2007, No. 1602, § 7, provided: “SECTION 7. The Arkansas Code Revision Commission shall make all changes in the Arkansas Code necessary to effectuate the intent of this act.”

Publisher's Notes. Acts 1971, No. 38, § 6, which enacted this section, created a Department of Industrial Development into which the Arkansas Industrial Development Commission, created by § 15-4-101 et seq., was transferred by a type 4 transfer.

Acts 1979, No. 65, § 2, amended this section to create a Department of Economic Development into which the Department of Industrial Development and the Arkansas Industrial Development Commission were transferred by a type 3 transfer. The amendment also created an Arkansas Economic Development Commission whose powers, membership, etc., were to be as specified in § 15-4-101 et seq. governing the former Arkansas Industrial Development Commission.

Acts 1981, No. 41, § 2, amended the section to create a Department of Industrial Development into which the Arkansas Department of Economic Development and the Arkansas Economic Development Commission were transferred by a type 3 transfer.

Amendments. The 2019 amendment redesignated (b) as (b)(1), and added (b)(2); and added (f).

25-11-102. Arkansas Economic Development Council.

There is created an Arkansas Economic Development Council, whose membership, authorities, and powers shall be as specified in §§ 15-4-20115-4-204, 15-4-209, 15-4-50115-4-503, 15-4-50515-4-515, 15-4-517, 15-4-518, and 15-4-52015-4-525.

History. Acts 1971, No. 38, § 6; 1979, No. 65, § 2; 1981, No. 41, § 2; A.S.A. 1947, § 5-906; Acts 1997, No. 540, § 50; 2007, No. 1602, § 5.

Publisher's Notes. Regarding previous transfers of the commission, see Publisher's Notes to § 25-11-101.

25-11-103. [Repealed.]

A.C.R.C. Notes. The repeal of this section by Acts 2019, No. 790, supersedes the amendment of this section by Acts 2019, No. 910. Acts 2019, No. 910, § 3249, amended this section to read as follows: “25-11-103. Funds transfer to the Weatherization Assistance Program. The Division of Environmental Quality shall transfer annually to the Arkansas Energy Office of the Division of Environmental Quality a minimum of fifteen percent (15%) and up to a maximum of twenty-five percent (25%), as allowed by federal law or regulation, of the annual allocation for the Low Income Home Energy Assistance Program to be used by the Weatherization Assistance Program of the Arkansas Energy Office of the Division of Environmental Quality.”

Publisher's Notes. This section, concerning funds transfer to the Weatherization Assistance Program, was repealed by Acts 2019, No. 790, § 2, effective July 24, 2019. The section was derived by Acts 2013, No. 1111, § 1; 2017, No. 271, § 25; 2019, No. 910, § 3249. For current law, see § 20-80-312.

Chapter 12 Department of Labor

25-12-101. [Repealed.]

Publisher's Notes. This chapter, concerning the Department of Labor, was repealed by Acts 2019, No. 910, § 5527, effective July 1, 2019. The chapter was derived from the following sources:

25-12-101. Acts 1971, No. 38, § 15; A.S.A. 1947, § 5-915.

Chapter 13 Department Of Parks And Tourism

A.C.R.C. Notes. Acts 2014, No. 206, § 22, provided:

“CASH PRIZES – STATE PARKS. The Department of Parks & Tourism is hereby authorized to award merchandise, gift certificates and cash prizes to contestants in various special events authorized by the Director of State Parks. Such prizes may be awarded to the 1st, 2nd and 3rd prize winners and shall be payable from the maintenance and operation line item of the Parks Cash Fund. The cash prizes, in aggregate, for all contests, shall not exceed $10,000 per fiscal year.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”Acts 2015, No. 988, § 22, provided:

“CASH PRIZES — STATE PARKS. The Department of Parks & Tourism is hereby authorized to award merchandise, gift certificates and cash prizes to contestants in various special events authorized by the Director of State Parks. Such prizes may be awarded to the 1st, 2nd and 3rd prize winners and shall be payable from the maintenance and operation line item of the Parks Cash Fund. The cash prizes, in aggregate, for all contests, shall not exceed $10,000 per fiscal year.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”Acts 2016, No. 208, § 22, provided:

“CASH PRIZES — STATE PARKS. The Department of Parks & Tourism is hereby authorized to award merchandise, gift certificates and cash prizes to contestants in various special events authorized by the Director of State Parks. Such prizes may be awarded to the 1st, 2nd and 3rd prize winners and shall be payable from the maintenance and operation line item of the Parks Cash Fund. The cash prizes, in aggregate, for all contests, shall not exceed $10,000 per fiscal year.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Subchapter 1 — General Provisions

25-13-101 — 25-13-104. [Repealed.]

Publisher's Notes. This subchapter, concerning general provisions, was repealed by Acts 2019, No. 910, § 5708, effective July 1, 2019. The subchapter was derived from the following sources:

25-13-101. Acts 1971, No. 38, § 7; A.S.A. 1947, § 5-907.

25-13-102. Acts 1975, No. 496, § 1; A.S.A. 1947, § 5-907.1.

25-13-103. Acts 1993, No. 728, § 37; 1995, No. 1038, § 42.

25-13-104. Acts 1993, No. 728, § 32; 1995, No. 1038, § 37.

For current law, see § 25-43-1301 et seq.

Subchapter 2 — Retirement and Relocation Division

25-13-201 — 25-13-204. [Repealed.]

A.C.R.C. Notes. Pursuant to § 1-2-207, the amendment of § 25-13-204 by Acts 1997, No. 250 is superseded by the repeal of this subchapter by Acts 1997, No. 609.

Publisher's Notes. This subchapter was repealed by Acts 1997, No. 609, § 9. The subchapter was derived from the following sources:

25-13-201. Acts 1995, No. 1255, § 1.

25-13-202. Acts 1995, No. 1255, § 2.

25-13-203. Acts 1995, No. 1255, § 3.

25-13-204. Acts 1995, No. 1255, §§ 4-6; 1997, No. 250, § 236.

Subchapter 3 — Retirement and Relocation Program

25-13-301, 25-13-302. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 1999, No. 1508, § 14. The subchapter was derived from the following sources:

25-13-301. Acts 1997, No. 609, § 1.

25-13-302. Acts 1997, No. 609, § 2.

Chapter 14 Arkansas Department of Environmental Quality

25-14-101. [Repealed.]

Publisher's Notes. This section, concerning creation, director, organization, and personnel of the Department of Environmental Quality, was repealed by Acts 2019, No. 910, § 3250, effective July 1, 2019. The section was derived from Acts 1971, No. 38, § 8; 1981, No. 834, § 1; A.S.A. 1947, § 5-908; Acts 1999, No. 1164, § 183; Acts 2015, No. 1100, § 61.

For current law, see § 25-43-601 et seq.

25-14-102. [Repealed.]

Publisher's Notes. This section, concerning hazardous duty compensation, was repealed by Acts 2011, No. 281, § 1. The section was derived from Acts 1995, No. 1191, § 33; 1999, No. 1164, § 184.

25-14-103. [Transferred.]

Publisher's Notes. Former § 25-14-103, enacted by Acts 2019, No. 790, § 3, has been renumbered as § 20-80-312.

Chapter 15 Administrative Procedures

Case Notes

Applicability.

Request for disclosure of a legal opinion under Gross Receipts Tax Rule G–75 is a request for public records under the Arkansas Freedom of Information Act, § 25-19-101 et seq., not an agency action subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Ryan & Co. v. Weiss, 371 Ark. 43, 263 S.W.3d 489 (2007).

Subchapter 1 — General Provisions

Effective Dates. Acts 1979, No. 664, § 5: Mar. 30, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly that there is an immediate need to provide qualified interpreters for deaf persons at administrative, civil and criminal proceedings and that this Act is immediately necessary to accomplish the same. Therefore, an emergency is hereby declared to exist, and this Act being immediately necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 312, § 5: Became law without Governor's signature, Mar. 5, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that this Act is necessary to clarify the authority granted by the legislative branch of government to the judicial branch of government, and that this Act is in keeping with the separation of powers provision of Section 2 of Article 4 of the Arkansas Constitution, and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 469, § 7: Mar. 12, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an immediate need to protect the confidentiality of privileged communications between qualified interpreters for deaf and hearing-impaired persons occurring at administrative, civil and criminal proceedings and that this act is immediately necessary. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2017, No. 788, § 2: July 1, 2018.

25-15-101. Interpreters generally.

  1. As used in this section, “interpreter” means an interpreter as defined in § 25-15-102.
  2. A person who cannot speak or understand the English language or who because of hearing, speaking, or other impairment has difficulty in communicating with other persons and who is a party to a civil proceeding or a witness in a civil proceeding is entitled to an interpreter to assist that person throughout the proceeding.
    1. An interpreter may be retained by the party or witness himself or herself or, if the person is unable to pay for an interpreter, may be appointed by the administrative board or agency before which the proceeding is pending.
    2. If an interpreter is appointed by the board or agency, the fee for the services of the interpreter shall be set by the board or agency and be paid from funds available to the board or agency or be paid in any other manner ordered by the board or agency.
  3. An administrative agency may inquire into the qualifications and integrity of an interpreter and may disqualify any person for cause from serving as an interpreter.
  4. An interpreter for another person who is either a party or a witness in an administrative proceeding under this section shall take the following oath:

“Do you solemnly swear (or affirm) that you will justly, truly, and impartially interpret to the oath about to be administered to him (her), and the questions which may be asked him (her), and the answers that he (she) shall give to such questions, relative to the cause now under consideration before this board (agency), so help you God (or under the pains and penalties of perjury)?”

History. Acts 1973, No. 555, § 1; A.S.A. 1947, § 5-715; Acts 2013, No. 1314, § 4.

Amendments. The 2013 amendment inserted (a) and redesignated former (a) through (d) as (b) through (e); in present (b), substituted “to a civil proceeding” for “in any administrative proceeding” and “in a civil proceeding is” for “therein, shall be”; and made stylistic changes to the section.

25-15-102. Interpreters between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf.

  1. For the purpose of appointing an interpreter between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf under § 25-15-101:
    1. “Administrative proceeding” means a proceeding of a department, board, commission, agency, committee, or licensing authority of the state or of a political subdivision or municipality;
    2. “Deaf individual” means an individual who has a documented hearing loss so severe that the individual is unable to process speech and language through hearing, with or without amplification;
    3. “Deafblind individual” means an individual who has a combined loss of vision and hearing that prevents the individual's vision or hearing from being used as a primary source for accessing information;
    4. “Hard of hearing individual” means an individual who has a hearing loss, may primarily use visual communication, and may use assistive devices;
    5. “Interpreter” means a licensed qualified interpreter or a licensed provisional interpreter licensed by the Department of Health under § 20-14-801 et seq.;
    6. “Oral deaf individual” means an individual whose sense of hearing is nonfunctional for the purpose of communication and whose primary communication is by speech reading and spoken English; and
    7. “Oral interpreter” means a licensed qualified interpreter or a licensed provisional interpreter who interprets language through facial and lip movements only and who does not use manual communication.
    1. An interpreter shall not be appointed unless the appointing authority and the individual who is deaf, deafblind, hard of hearing, or oral deaf makes a preliminary determination that the interpreter is able to readily communicate with the individual who is deaf, deafblind, hard of hearing, or oral deaf and is able to accurately interpret the statements of the individual who is deaf, deafblind, hard of hearing, or oral deaf and interpret the proceedings in which an individual who is deaf, deafblind, hard of hearing, or oral deaf may be involved.
    2. An individual who is deaf, deafblind, hard of hearing, or oral deaf entitled to an interpreter under § 25-15-101 is entitled to an interpreter as defined by this subsection.
    1. An oral interpreter shall be provided upon the request of an individual who is deaf, deafblind, hard of hearing, or oral deaf who does not communicate in sign language.
      1. The right of an individual who is oral deaf to an interpreter may not be waived except by an individual who is oral deaf who does not use sign language and who initiates the request for a waiver in writing.
      2. The waiver is subject to approval of counsel to the individual who is oral deaf, if existent, and is subject to approval of the appointing authority.
  2. A department, board, commission, agency, committee, or licensing authority of the state or of a political subdivision or municipality shall appoint an interpreter to interpret an administrative proceeding to an individual who is deaf, deafblind, hard of hearing, or oral deaf and to interpret the testimony or statements of the individual who is deaf, deafblind, hard of hearing, or oral deaf.
    1. An individual who is deaf, deafblind, hard of hearing, or oral deaf whose appearance before a proceeding entitles him or her to an interpreter shall notify the appointing authority of the need of the individual who is deaf, deafblind, hard of hearing, or oral deaf before an appearance and shall request at that time the services of an interpreter.
      1. If an individual who is deaf, deafblind, hard of hearing, or oral deaf reasonably expects the need for an interpreter to be for a period greater than a single day, the individual who is deaf, deafblind, hard of hearing, or oral deaf shall notify the appointing authority.
      2. This notification shall be sufficient for the duration of the participation of the individual who is deaf, deafblind, hard of hearing, or oral deaf in the proceedings.
  3. An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of the deafness of the individual who is deaf, deafblind, hard of hearing, or oral deaf when the appointing authority has reason to believe that the deaf person, deafblind person, hard of hearing person, or oral deaf person is not deaf, deafblind, hard of hearing, or oral deaf.
  4. The appointing authority shall channel requests for qualified interpreters through the Department of Health.
  5. Before an interpreter participates in any proceedings subsequent to an appointment under this section, the interpreter shall make an oath or affirmation that the interpreter will:
    1. Make a true interpretation in an understandable manner to the individual who is deaf, deafblind, hard of hearing, or oral deaf for whom the interpreter is appointed; and
    2. Interpret the statements of the individual who is deaf, deafblind, hard of hearing, or oral deaf desiring that statements be made in the language best suited to the needs of the individual who is deaf, deafblind, hard of hearing, or oral deaf.
  6. The appointing authority shall provide recess periods as necessary for the interpreter when the interpreter requests a recess period.
  7. Information that the interpreter gathers, learns from, or relays to the individual who is deaf, deafblind, hard of hearing, or oral deaf pertaining to an administrative, civil, or criminal proceeding shall at all times remain confidential and privileged, on an equal basis with the attorney-client privilege, unless the individual who is deaf, deafblind, hard of hearing, or oral deaf desires that the information be communicated to other persons.
    1. An interpreter appointed under this section is entitled to a reasonable fee for his or her services.
    2. The fee shall be in accordance with standards established by the Department of Health and in addition to actual expenses for travel and transportation.
      1. If the interpreter is appointed by a court, the fee shall be paid out of general county funds.
      2. If the interpreter is otherwise appointed, the fee shall be paid out of funds available to the appointing authority.

History. Acts 1979, No. 664, §§ 1, 2; A.S.A. 1947, §§ 5-715.1, 5-715.2; Acts 1991, No. 469, § 3; 2013, No. 1314, § 4.

Publisher's Notes. Acts 1979, No. 664, §§ 1, 2, are also codified as §§ 16-64-112, 16-89-105.

Amendments. The 2013 amendment substituted “between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf” for “for the deaf” in the section heading, and rewrote the section.

Research References

U. Ark. Little Rock L.J.

Survey—Evidence, 14 U. Ark. Little Rock L.J. 793.

25-15-103. Stay of proceedings in which party or attorney is a member or an employee of either branch of the General Assembly.

    1. Any and all administrative hearings before an agency of this state in which any attorney for either party to any suit is the Lieutenant Governor, or a member of the Senate or the House of Representatives, or is a clerk or sergeant at arms or a doorkeeper of either branch of the General Assembly, and any and all administrative hearings before an agency of this state in which the Lieutenant Governor, or any member of the General Assembly, or clerk or sergeant at arms or doorkeeper of either branch of the General Assembly is a party, shall be stayed for not fewer than fifteen (15) days preceding the convening of the General Assembly and for thirty (30) days after its adjournment sine die, unless otherwise requested by any interested member of the General Assembly or interested officer or employee of the General Assembly.
    2. The motion for a continuance need not be reduced to writing.
    3. It is not necessary that notice be afforded to opposing counsel that a continuance is sought.
  1. Any and all administrative hearings before an agency of this state in which any attorney for either party to any suit is a member of the Legislative Council, the Legislative Joint Auditing Committee, or any interim committee of the General Assembly shall be stayed, or reset if scheduled, if the proceeding or hearing has been scheduled on the day immediately prior to, the day immediately after, or the day upon which the Legislative Council, Legislative Joint Auditing Committee, or any interim committee is meeting and if the attorney is a member of the committee which is meeting, or an alternate member attending in the place of a regular member, and the attorney requests the continuance of the court no fewer than three (3) days before the proceeding is to commence.
  2. The term “adjournment sine die” as used in this section means adjournment without the establishment of a day certain for reconvening.
  3. The provisions of this section shall be applicable in the case of special or extraordinary sessions of the General Assembly as well as regular sessions.

History. Acts 1981, No. 312, § 1; A.S.A. 1947, § 27-1401.1; Acts 1997, No. 1354, § 43.

25-15-104. Subpoena powers.

    1. The following boards and commissions shall have the power to issue subpoenas and bring before the board or commission as a witness any person in this state:
      1. Auctioneer's Licensing Board, § 17-17-201 et seq.;
      2. State Athletic Commission, § 17-22-201 et seq.;
      3. Cosmetology Technical Advisory Committee, § 17-26-201 et seq.;
      4. Arkansas Board of Examiners in Counseling, § 17-27-201 et seq.;
      5. State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, § 23-61-1101 et seq.;
      6. Committee of Plumbing Examiners, § 17-38-202;
      7. Arkansas Social Work Licensing Board, § 17-103-201 et seq.;
      8. HVACR Licensing Board, § 17-33-201 et seq.;
      9. Liquefied Petroleum Gas Board, § 15-75-201 et seq.;
      10. Judicial Discipline and Disability Commission, Arkansas Constitution, Amendment 66, and § 16-10-401 et seq.;
      11. Veterinary Medical Examining Board, § 17-101-201 et seq.;
      12. Arkansas Board of Dispensing Opticians, § 17-89-201 et seq.;
      13. State Board of Election Commissioners, § 7-4-101 et seq.;
      14. State Board of Health, § 20-7-101 et seq.; and
      15. Arkansas Commission on Law Enforcement Standards and Training, § 12-9-101 et seq.
    2. These boards and commissions shall provide by rule for the issuance of a subpoena upon the request of any party to a proceeding pending before the board or commission or at the request of the board or commission.
    3. The subpoena shall:
      1. Be in the name of the board or commission;
      2. State the name of the board or commission and the name of the proceeding; and
        1. Command each person to whom it is directed to give testimony at the time and place specified in the subpoena in one (1) of the following ways:
          1. In person;
          2. Before a certified court reporter under oath at the place of the witness's residence or employment;
          3. By video-taped deposition at the place of the witness's residence or employment; or
          4. By live video communications from the witness' residence, place of employment, or a nearby facility capable of providing video transmission to the state agency that has subpoenaed the witness.
        2. The manner of providing testimony under the subpoena shall be conducted by in person testimony unless another manner is agreed upon by the board or commission and the person who is the subject of the subpoena.
    4. The subpoena may require the witness to bring with him or her any book, writing, or other thing under his or her control that he or she is bound by law to produce in evidence.
    5. Service of the subpoena shall be in the manner as now provided by statute or rule for the service of subpoenas in civil cases.
    1. A witness who has been served by subpoena in the manner provided by law and who appears in person to testify at the trial or cause pending before the board or commission shall be paid or tendered the legal fees for travel and attendance as provided by law.
    2. In the event a witness has been served with subpoenas under this section and fails to provide testimony in obedience to the subpoena, the board or commission may apply to the circuit court of the county wherein the board or commission is having its meeting for an order causing the arrest of the witness and directing that the witness be brought before the court.
    3. The court shall have the power to punish the disobedient witness for contempt as provided by the Arkansas Rules of Civil Procedure.
    4. A witness who is served with a subpoena under this section may challenge the validity of the subpoena in the circuit court of the county where the board or commission is having its meeting or the Pulaski County Circuit Court.
  1. This section is intended to be supplemental and add the power to issue subpoenas to the various chapters of the Code that do not now provide the power to do so. This section shall not repeal any law or part of laws now in existence.

History. Acts 1993, No. 1286, § 1; 1995, No. 757, § 1; 1999, No. 1122, § 7; 2001, No. 617, § 22; 2009, No. 83, § 1; 2009, No. 1182, § 1; 2011, No. 1122, §§ 1, 2; 2017, No. 497, § 24; 2017, No. 788, § 92.

Amendments. The 2009 amendment by No. 83 added (a)(1)(O) and made related changes.

The 2009 amendment by No. 1182, in (a)(2), inserted “and commissions” and “or commission” twice;, rewrote (a)(3); substituted “subpoena” for “writ” in (a)(4), and (a)(5); rewrote (b)(1); in (b)(2), inserted “or commission” twice and substituted “provide testimony” for “attend the hearing,”; inserted (b)(4); and made related and minor stylistic changes.

The 2011 amendment substituted “Cosmetology Technical Advisory Committee” for “State Board of Cosmetology” in (a)(1)(C); deleted (a)(1)(F) and redesignated the remaining subdivisions accordingly; and substituted “has been served” for “shall have been served” in (b)(2).

The 2017 amendment by No. 497 added (a)(1)(O).

The 2017 amendment by No. 788 substituted “State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, § 23-61-1101 et seq.” for “State Board of Embalmers and Funeral Directors, § 17-29-201 et seq.” in (a)(1)(E).

Effective Dates. Acts 2017, No. 788, § 2: July 1, 2018.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Professions, Occupations, and Businesses, 24 U. Ark. Little Rock L. Rev. 535.

25-15-105. Administrative fees and penalties.

  1. As used in this section, “agency” means the same as defined at § 25-15-202.
    1. An agency shall not assess a fee or penalty without specific statutory authority to:
      1. Assess a certain type and amount of fee or penalty; or
      2. Impose a fee or penalty in general.
    2. A fee or penalty established in the rules of an agency before the effective date of this section that does not comply with subdivision (b)(1) of this section may remain in effect until July 1, 2013, but shall not be increased above the amount established by the agency for that fee or penalty as of the effective date of this section.
  2. Subsection (b) of this section does not affect an agency's authority to deny, suspend, and revoke licenses within its regulatory authority.

History. Acts 2011, No. 1159, § 1.

Subchapter 2 — Administrative Procedure Act

A.C.R.C. Notes. Acts 2019, No. 315, § 1, provided:

“Legislative findings and intent.

“(a) The General Assembly finds:

“(1) The Administrative Procedure Act, § 25-15-202(9)(A) defines ‘rule’ as ‘an agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice of an agency and includes, but is not limited to, the amendment or repeal of a prior rule’.

“(2) While the term ‘regulation’ is not defined in the Administrative Procedure Act, the term is used interchangeably with the defined term ‘rule’ throughout the Arkansas Code;

“(3) Use of the term ‘regulation’ out of the proper context creates confusion and inconsistency in the Arkansas Code;

“(4) This act provides for the uniform use of the term ‘rule’ for an agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice of an agency and includes, but is not limited to, the amendment or repeal of a prior rule throughout the Arkansas Code as envisioned by defining of the term in the Administrative Procedures Act.

“(b) It is the intent of the General Assembly that the uniform use of the term rule shall be applied to mean an agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice of an agency and includes, but is not limited to, the amendment or repeal of a prior rule, and includes a regulation”.

Acts 2019, No. 517, § 3, provided:

“The General Assembly finds that:

“(1) It is common for acts of the General Assembly to delegate rulemaking authority to a state agency for the purpose of implementing and administering various duties and responsibilities;

“(2) Broad interpretation of rulemaking authority by a state agency results in the state agency's supplanting the role of the General Assembly by effectively legislating in areas not intended by the General Assembly; and

“(3) A state agency that has been delegated rulemaking authority should limit its rulemaking to only those areas absolutely necessary and should avoid broad applications or interpretations of its rulemaking power”.

Acts 2019, No. 893, § 1, provided: “Legislative Findings and Intent.

“(a) Acts 2019, No. 315, requires the consistent reference and use of the term ‘rule' and the elimination of unnecessary references to the term ‘regulation'.

“(b) Acts 2019, No. 315 states that no governmental entity shall be required to re-promulgate existing regulations as rules solely to comply with this act.

“(c) Certain agencies are required to follow the procedure under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for the promulgation of a new or amended rule.

“(d) To facilitate and ensure the use of the term ‘rule' by an agency when no update or change to the existing rule is expected or anticipated, the General Assembly finds that certain procedures under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., may be waived.

“(e) A governmental entity is not required to follow the procedure set forth in § 25-15-204 if:

“(1) The only change being made to the promulgated rule or regulation by the agency is the replacement of the term ‘regulation' with the term ‘rule';

“(2) The agency files the updated rule with the Secretary of State on or before January 1, 2020; and

“(3) A letter is provided to the Legislative Council by the agency stating that a rule has been filed with the Secretary of State's office, the name of the rule, a brief description of the rule, and an affirmative statement that the only change to the rule is a change from the use of the term ‘regulation' to the term ‘rule'.

“(f) An agency may continue to follow the procedure set forth in § 25-15-204 for the adoption of a rule that changes the term ‘regulation' to ‘rule’” .

Publisher's Notes. For Comments regarding the Uniform Law Commissioner's Revised Model State Administrative Procedure Act, see Commentaries Volume B.

Preambles. Acts 1971, No. 316 contained a preamble which read:

“Whereas, in order to clarify administrative procedures concerning the Employment Security Laws of Arkansas, and in order to correct omission of the Employment Security Division in the original Administrative Procedure Act of 1967; and

“Whereas, it will benefit the courts to clarify the administrative procedure now being followed by the courts on appeals relative to the Redevelopment Security Laws; and

“Whereas, the administrative procedures set forth in § 81-1101, et seq., Arkansas Statutes (official) have been consistently followed for a long period of time and are now followed by the respective courts of appeal from the administrative procedures now outlined in the Employment Security Laws.”

Effective Dates. Acts 1971, No. 316, § 2: Mar. 17, 1971. Emergency clause provided: “It is hereby determined by the General Assembly of the State of Arkansas that the orderly and consistent administrative procedures of the Employment Security Laws should not be in doubt as many of the unemployed and the employers in this state are affected by such procedure; and such law with many cases now pending before the administrative sections provided for in the Employment Security Laws, and such procedures having provided adequate administrative procedures and remedies for many years; and in order to definitely clarify same; an emergency is hereby declared to exist and it being necessary for the public peace, health, and safety of the state this act shall be in full force and effect after its passage and approval.”

Acts 1977, No. 349, § 4: Mar. 3, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that the existing laws pertaining to license, revocation and suspension by the Child Care Facility Review Board permit the Board to revoke licenses without notice and without a hearing, which procedures are likely violative of the due process laws of the Constitution of the State Arkansas and of the United States; that this Act is designed to correct this undesirable situation by requiring the Child Care Facility Review Board to comply with the provisions of the Arkansas Administrative Procedure Law, and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1977, No. 720, § 6: July 1, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1977 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1977 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1977.”

Acts 1979, No. 324, § 18: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly, that the effectiveness of this Act on July 1, 1979 is essential to the operation of the agency established in this Act and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1979 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1979.”

Acts 1979, No. 704, § 2: Apr. 2, 1979. Emergency clause provided: “It is hereby found, determined and declared by the General Assembly that the orderly administration of justice presupposes a notice and hearing before the rights of individuals and of the people of the State of Arkansas are affected by judicial action and that, upon occasion, orders limiting the powers of administrative boards to protect the public from the wrongful and hurtful acts of practitioners have been issued by reviewing tribunals without notice and hearing, and that this Act is designed to correct this problem and should be given effect immediately. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 709, § 4: March 20, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly of the State of Arkansas that inmates of the Department of Correction have numerous avenues of administrative due process; that it is not necessary to provide them with judicial review under the Arkansas Administrative Procedure Act; and that state funds could be saved by reducing the amount of money expended by the Department of Correction on legal fees to defend against these unnecessary administrative appeals by inmates. Therefore, in order to avoid the unnecessary expenditure of legal fees for defending the Department of Correction in the administrative appeal procedures, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.

Acts 1989, No. 932, § 5: March 24, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that recent court interpretations have resulted in uncertainty for state agencies as to when administrative rules and regulations may become effective; that to extend the date of their effectiveness beyond twenty (20) days would work an undue hardship on implementation of such rules and regulations. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 1075, § 25: July 1, 1991. Emergency clause provided: “It is hereby found and determined by Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1993, No. 1083, § 5: Apr. 13, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that it is necessary for permit and license holders from the various state agencies to receive information from the agencies from which they hold permits when disciplinary proceedings are pending and that, therefore, immediate effect should be given to this measure and an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 533, § 8: Mar. 17, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that there are presently inadequate statutory guidelines for the codifications of the acts of the General Assembly; that this act establishes necessary guidelines; and that this act should go into effect immediately in order that the guidelines will be in effect for the codification of the acts of this regular session. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 937, § 5: Mar. 31, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that under current law any person may file a complaint with a state occupational or professional licensing board concerning a licensee of the board; that inmates of the Department of Correction are currently permitted to file such complaints without having exhausted their remedies under the Department of Correction grievance process; that the inmates have filed numerous complaints that have not been substantiated and have resulted in an unnecessary waste of time by certain state licensing boards and substantial cost to the taxpayers of the state; and that the law should be amended immediately to require inmates of the Department of Correction to exhaust their remedies under the Department grievance process before filing complaints with state licensing boards. Therefore an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1222, § 21: Apr. 8, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that it is essential to the effective and efficient administration of the Child Care Licensing program that the responsibility for reviewing appeals be placed in the Child Care Appeal Review Panel under the Department of Human Services, as soon as possible and that this act is designed to accomplish this purpose and should be given effect immediately. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval of the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2006 (1st Ex. Sess.), No. 38, § 4: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that current Arkansas law does not provide sufficient information on the cost of administrative rules promulgated by the State Board of Education and the State Board of Workforce Education and Career Opportunities; and that this bill will provide critical information on the cost of administrative rules to public school districts and will minimize the possibility of the placement of unfunded mandates upon public school districts. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 143, § 3: February 23, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that small businesses represent a vital part of the economy of the State of Arkansas; that this act will protect small businesses from inadvertent financial harm caused by administrative rules; and that this act should become effective as soon as possible to shield small businesses from potential harm. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Ark. L. Rev.

Administrative Law — Taxpayer Status to Challenge Administrative Actions Under the Arkansas Administrative Procedure Act, 25 Ark. L. Rev. 160.

Judicial Review of Administrative Agencies in Arkansas, 25 Ark. L. Rev. 397.

Watkins, Access to Public Records Under the Arkansas Freedom of Information Act, 37 Ark. L. Rev. 741.

Watkins, Open Meetings Under the Arkansas Freedom of Information Act, 38 Ark. L. Rev. 268.

Antley, Judicial Review of Non-Court Decisions: A Constitutionally Based Examination of Arkansas' Review System, 49 Ark. L. Rev. 425.

C.J.S. 73 C.J.S., Pub. Admin. L., § 87 et seq.

U. Ark. Little Rock L.J.

Survey of Arkansas Law: Administrative Law, 6 U. Ark. Little Rock L.J. 59.

Stafford, Separation of Powers and Arkansas Administrative Agencies: Distinguishing Judicial Power and Legislative Power, 7 U. Ark. Little Rock L.J. 279.

Survey — Miscellaneous, Federal Income Tax — Definition of “Trade or Business”, 10 U. Ark. Little Rock L.J. 223.

Survey, Miscellaneous — Administrative Law, 13 U. Ark. Little Rock L.J. 379.

Antley, The “Appearance of Fairness” Versus “Actual Unfairness”: Which Standard Should the Arkansas Courts Apply to Administrative Agencies?, 16 U. Ark. Little Rock L.J. 587.

Case Notes

Purpose.

This subchapter has two purposes: to require certain designated state agencies to adopt and make public procedural rules, including methods whereby the public can make submissions or requests; and to afford adjudication rights in matters over which the agencies have jurisdiction. Ark. State Hwy. Comm'n v. Wood, 264 Ark. 425, 572 S.W.2d 583 (1978).

This subchapter was never designed nor intended to create supervisory responsibility by the judicial branch of state government over the day-to-day actions of the executive branch, including the hiring and firing of personnel, but rather, to establish procedures for hearings and notice (which meet due process requirements) in those functions of the executive branch which are basically adjudicatory or quasi-judicial, particularly with respect to rule making, the renewal or revocation of licenses, and situations where, under law, an agency of the state must make orders based on the adjudication process. Arkansas Livestock & Poultry Comm'n v. House, 276 Ark. 326, 634 S.W.2d 388 (1982).

Applicability.

Since local school districts are political subdivisions of the state and not state agencies within the meaning of the act, this subchapter does not apply to local school districts. Corbin v. Special Sch. Dist., 250 Ark. 357, 465 S.W.2d 342 (1971).

The Alcoholic Beverage Commission is not an agency excepted from this subchapter and is therefore subject to its provisions. Byrd v. Jones, 263 Ark. 406, 565 S.W.2d 131 (1978).

Former section authorizing State Highway Commission to adopt rules did not affect the adjudicatory provisions of this subchapter and the State Highway Commission was subject to the act. Ark. State Hwy. Comm'n v. Wood, 264 Ark. 425, 572 S.W.2d 583 (1978).

The State Insurance Commissioner, when acting as a hearing officer, is governed by this subchapter. Garner v. Foundation Life Ins. Co., 17 Ark. App. 13, 702 S.W.2d 417 (1986).

The Supreme Court is not subject to the Administrative Procedure Act. Muhammed v. Arkansas Supreme Court Comm. on Professional Conduct, 291 Ark. 29, 722 S.W.2d 280 (1987).

Appeal from a decision by Arkansas State Board of Education is governed by this subchapter. Arkansas State Bd. of Educ. v. Purifoy, 292 Ark. 526, 731 S.W.2d 209, 1987 Ark. LEXIS 2179 (1987), superseded by statute as stated in, Walker v. Ark. State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899 (2010).

The Arkansas Administrative Procedure Act, providing for a review from actions of state commissions and agencies, has no application to the State Claims Commission. Fireman's Ins. Co. v. Ark. State Claims Comm'n, 301 Ark. 451, 784 S.W.2d 771, cert. denied, 498 U.S. 824, 111 S. Ct. 76, 112 L. Ed. 2d 50 (1990).

Where the Health Services Commission concluded it would only apply three of nine priorities used to determine need, and it gave a well-reasoned explanation and applied the priorities consistently, because the procedures adopted by an agency may vary according to the purpose for which a review is conducted, the commission's actions did not amount to a change of its rules requiring compliance with the Administrative Procedures Act. Beverly Enterprises-Arkansas, Inc. v. Ark. Health Servs. Comm'n, 308 Ark. 221, 824 S.W.2d 363 (1992).

The judicial review provisions of this subchapter are not applicable to the discharge of an employee; the discharge of an employee is not an adjudication but administrative decision and the circuit court is without jurisdiction to review such actions. Viswanathan v. Mississippi County Cmty Coll. Bd. of Trs., 318 Ark. 810, 887 S.W.2d 531 (1994), cert. denied, 516 U.S. 815 (1995).

Recommendations by a state board as to the adoption of a mail order service and change in the reimbursement rates of a pharmacy service plan for state and public school employees did not constitute “rule-making” within § 25-15-202(8), (9) of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and accordingly, the notice and hearing provisions therein did not have to be complied with; such recommendations were within the board's legislatively mandated duties, pursuant to § 21-5-401. Arkansas Pharmacist's Ass'n v. Arkansas State & Pub. Sch. Life and Hlth. Ins. Bd., 352 Ark. 1, 98 S.W.3d 27 (2003).

Appellate Review.

The rules governing judicial review of administrative decisions are identical for both the circuit and appellate courts, and it is the decision of the agency, rather than that of the circuit court, which the appellate court reviews. City of Hector v. Arkansas Soil & Water Conservation Comm'n, 47 Ark. App. 177, 888 S.W.2d 312 (1994).

In cases arising under this subchapter, the appellate court reverses only if substantial evidence is lacking, an abuse of discretion has occurred, or if the agency has acted in an arbitrary or capricious manner. City of Hector v. Arkansas Soil & Water Conservation Comm'n, 47 Ark. App. 177, 888 S.W.2d 312 (1994).

Cited: Harber v. Rhodes, 248 Ark. 1188, 455 S.W.2d 926 (1970); Arkansas State Racing Comm'n v. Sayler, 249 Ark. 913, 462 S.W.2d 472 (1971); Hickman v. Arkansas Bd. of Pardons & Paroles, 361 F. Supp. 864 (E.D. Ark. 1973); Travelers Indem. Co. v. Monroe, 257 Ark. 1029, 522 S.W.2d 431 (1975); Boshears v. Ark. Racing Comm'n, 258 Ark. 741, 528 S.W.2d 646 (1975); Sikes v. General Publishing Co., 264 Ark. 1, 568 S.W.2d 33 (1978); Bushong v. State, 267 Ark. 113, 589 S.W.2d 559 (1979); Woodyard v. Arkansas Diversified Ins. Co., 268 Ark. 94, 594 S.W.2d 13 (1980); Hilton Hilltop, Inc. v. Riviere, 268 Ark. 532, 597 S.W.2d 596 (1980); Price v. State, 268 Ark. 535, 597 S.W.2d 598, 1980 Ark. LEXIS 1457 (1980); Evans v. Arkansas Racing Comm'n, 270 Ark. 788, 606 S.W.2d 578 (1980); Ark. State Hwy. Comm'n v. White Adv. Int'l, 273 Ark. 364, 620 S.W.2d 280 (1981); Goodall v. Williams, 271 Ark. 354, 609 S.W.2d 25 (1980); Brazil v. Ark. Bd. of Dental Exam'rs, 593 F. Supp. 1354 (E.D. Ark. 1984); Arkansas State Bd. of Pharmacy v. Isely, 13 Ark. App. 111, 680 S.W.2d 718 (1984); ABC Div. v. Barnett, 285 Ark. 189, 685 S.W.2d 511 (1985); Patterson v. Robbins, 295 Ark. 511, 749 S.W.2d 330 (1988); McCarty v. Board of Trustees, 45 Ark. App. 102, 872 S.W.2d 74 (1994); Holloway v. State Bd. of Architects, 79 Ark. App. 200, 86 S.W.3d 391 (2002);

Arkansas Dep't of Human Servs. v. Haen, 81 Ark. App. 171, 100 S.W.3d 740, 2003 Ark. App. LEXIS 206 (2003).

25-15-201. Title.

This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.

History. Acts 1967, No. 434, § 15; A.S.A. 1947, § 5-714.

Research References

Ark. L. Notes.

Driver, The Arkansas Register: Worth Doing Right? The Case for Codification of Arkansas Regulatory Law, 1992 Ark. L. Notes 99.

Ark. L. Rev.

Case Note, Lost in Translation: Combs v. City of Springdale, An Overview of the Ins and Outs of Appeals Procedure for Administrative Decisions by Local Governments, 61 Ark. L. Rev. 351.

U. Ark. Little Rock L. Rev.

Arkansas's Public Records Retention Program: Finding the FOIA's Absent Partner, 28 U. Ark. Little Rock L. Rev. 175.

Case Notes

Appellate Review.

Writ of mandamus was properly denied where a church and its affiliated university sought an exception from the certification requirements of the Arkansas Department of Higher Education; the church could have brought a declaratory action to determine whether or not the exception for programs that were predominantly religious in nature applied, and that was a determination to be made under the Department's administrative procedures. Axley v. Hardin, 353 Ark. 529, 110 S.W.3d 766 (2003).

Dismissal of a psychologist's 42 U.S.C.S. § 1983 claims under the Rooker-Feldman doctrine was affirmed where psychologist's federal court claims challenging application of certain regulations by the Arkansas Board of Examiners in Psychology were inseparable from psychologist's interest in upsetting a state court judgment effectively affirming the Board's application of the regulations; psychologist moved for voluntary dismissal of an appeal of the Board's decision to a state court under the Arkansas Administrative Procedure Act, §§ 25-15-201 to 25-15-217, and the state court's dismissal of the action with prejudice effectively affirmed the Board's decision. Prince v. Arkansas Bd. of Examiners in Psychology, 380 F.3d 337, 2004 U.S. App. LEXIS 17017 (8th Cir. 2004).

Counsel.

Bail bond agent did not receive disparate treatment because in the notice of hearing sent to him by the Arkansas Professional Bail Bondsman Licensing Board, the agent was advised that he had the right to be represented by counsel; the agent was given the same opportunity to be represented by counsel as were a bonding company and its owner. Hester v. Ark. Prof'l Bail Bondsman Licensing Bd., 2011 Ark. App. 389, 383 S.W.3d 925 (2011).

Judicial-Discipline Matters.

Arkansas Administrative Procedure Act, § 25-15-201 et seq. is inapplicable to judicial-discipline matters. Ark. Judicial Discipline and Disability Comm'n v. Proctor, 2010 Ark. 38, 360 S.W.3d 61, cert. denied, isability Comm'n, 561 U.S. 1027, 130 S. Ct. 3516, 177 L. Ed. 2d 1093 (2010)(mem.).

State Board of Education.

The Administrative Procedure Act (APA), § 25-15-201 et seq., is applicable to a decision by the Arkansas State Board of Education regarding a petition for closure, pursuant to § 6-20-602, because the Board is an administrative agency, whose decisions are subject to appeal as governed by the APA, and the Board acts in a judicial or quasi-judicial capacity, rather than a day-to-day administrative capacity, when it reviews a petition for closure of an isolated school. Walker v. Ark. State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899 (2010).

Cited: Eldridge v. Board of Corr., 298 Ark. 467, 768 S.W.2d 534 (1989); Fireman's Ins. Co. v. Ark. State Claims Comm'n, 301 Ark. 451, 784 S.W.2d 771; Brown v. Ark. State Heating, Ventilation, Air Conditioning & Refrigeration Licensing Bd., 336 Ark. 34, 984 S.W.2d 402 (1999); Ark. State Plant Bd. v. Bullock, 345 Ark. 373, 48 S.W.3d 516 (2001); Dep't of Human Servs. v. Parker, 88 Ark. App. 222, 197 S.W.3d 33, 2004 Ark. App. LEXIS 769 (2004); Ark. Hearing Instrument Dispenser Bd. v. Vance, 359 Ark. 325, 197 S.W.3d 495 (2004); Parkman v. Sex Offender Screening & Risk Assessment Comm., 2009 Ark. 205, 307 S.W.3d 6 (2009); Brown v. Sex Offender Assessment Comm., 2014 Ark. App. 236 (2014).

25-15-202. Definitions.

As used in this subchapter:

    1. “Adjudication” means an agency process for the formulation of an order.
    2. “Adjudication” does not include inmate disciplinary proceedings conducted by the Division of Correction and the Division of Community Correction;
    1. “Agency” means a board, commission, department, officer, or other authority of the government of the State of Arkansas, whether within, or subject to review by, another agency, except the General Assembly, the courts, and the Governor.
    2. The word “agency” shall include the Division of Child Care and Early Childhood Education and the Child Care Appeal Review Panel for purposes of administrative appeal.
      1. Except as provided in subdivision (2)(C)(ii) of this section, the word “agency” shall not include the Arkansas Public Service Commission, the Arkansas Pollution Control and Ecology Commission, the Workers' Compensation Commission, and the Division of Workforce Services, as the existing laws governing those agencies provide adequate administrative procedures for those agencies.
      2. The word “agency” as used in §§ 25-15-216 and 25-15-218 shall include the Arkansas Public Service Commission, the Arkansas Pollution Control and Ecology Commission, the Workers' Compensation Commission, and the Division of Workforce Services.
    3. This subchapter does not repeal delegations of authority as provided by law;
  1. “Financial impact statement” means a realistic statement of a new or increased cost or obligation of complying with a proposed rule to a:
    1. Private individual, entity, and business; and
    2. State, county, and municipal government;
  2. “License” includes an agency permit, certificate, approval, registration, charter, or similar form of permission required by law;
  3. “Licensing” means an agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, limitation, or amendment of a license;
  4. “Order” means the final disposition of an agency in any matter other than rulemaking, including licensing and rate making, in which the agency is required by law to make its determination after notice and hearing;
  5. “Party” means a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding;
  6. “Person” means an individual, partnership, corporation, association, or public or private organization of any character;
    1. “Rule” means an agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice of an agency and includes, but is not limited to, the amendment or repeal of a prior rule.
    2. “Rule” does not mean:
      1. A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public;
      2. A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling;
      3. Intra-agency memoranda; or
      4. A medical code within the Arkansas Medicaid Program that is issued by the Centers for Medicare and Medicaid Services, including without limitation:
        1. Current Procedural Terminology codes;
        2. Healthcare Common Procedure Coding System codes;
        3. International Classification of Diseases codes;
        4. National Uniform Billing Committee Official UB-04 Specifications Manual codes; and
        5. National Correct Coding Initiative codes; and
  7. “Rulemaking” means an agency process for the formulation, amendment, or repeal of a rule.

History. Acts 1967, No. 434, § 1; 1971, No. 316, § 1; 1977, No. 349, § 1; 1979, No. 324, § 15; A.S.A. 1947, §§ 5-701, 5-701.1; Acts 1997, No. 1149, § 1; 1999, No. 1222, § 17; 2001, No. 1648, § 1; 2003, No. 350, § 1; 2013, No. 759, § 3; 2017, No. 605, § 2; 2019, No. 517, § 1; 2019, No. 662, § 4; 2019, No. 910, §§ 620, 621.

Amendments. The 2013 amendment inserted (3), redesignated the remaining subsections accordingly, and made stylistic changes to the section.

The 2017 amendment, in (9)(B)(i), substituted “A statement that concerns” for “Statements concerning”, “a state agency” for “an agency” and “does not” for “do not”; in (9)(B)(ii), substituted “A declaratory order or ruling issued under” for “Declaratory rulings issued pursuant to” and added “or other provision of law applicable to the state agency issuing the declaratory order or ruling”; added (9)(B)(iv); and made stylistic changes.

The 2019 amendment by No. 517 redesignated former (2)(C) as (2)(C)(i); added “Except as provided in subdivision (2)(C)(ii) of this section”, in (2)(C)(i); and added (2)(C)(ii).

The 2019 amendment by No. 662 redesignated (2)(C) as (2)(C)(i); added “Except as provided in subdivision (2)(C)(ii) of this section” in (2)(C)(i); and added (2)(C)(ii).

The 2019 amendment by No. 910, in (1)(B), substituted “Division of Correction” for “Department of Correction” and “Division of Community Correction” for “Department of Community Correction”; and substituted “Division of Workforce Services” for “Department of Workforce Services” in (2)(C).

Research References

Ark. L. Notes.

Looney, Handling Administrative Proceedings Before the Arkansas Pollution Control and Ecology Department and Commission, 1988 Ark. L. Notes 23.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, State Government, Administrative Procedures Act, 26 U. Ark. Little Rock L. Rev. 493.

Annual Survey of Caselaw, Administrative Law, 26 U. Ark. Little Rock L. Rev. 791.

Case Notes

Adjudication.

State employee's appeal from her termination by a state school for the deaf could not be heard due to lack of jurisdiction because there was no judicial review of such termination decisions absent a public policy exception; such decisions were legislative rather than adjudicatory. The school's alleged violation of its non-mandatory reduction policy did not rise to the level of a public policy violation. Tripcony v. Ark. Sch. for the Deaf, 2012 Ark. 188, 403 S.W.3d 559 (2012).

Inmate's petition failed to sustain a claim under § 25-15-212 to support a judicial review of the Arkansas Department of Corrections' decision because it did not set forth facts to show deprivation of a liberty interest under the Due Process Clause; the inmate alleged only a breach of contractual terms and that the DOC rules interfered with his right to correspond or otherwise communicate with persons not in prison. Renfro v. Smith, 2013 Ark. 40 (2013).

Circuit court had no subject-matter jurisdiction to review the licensing decision of the Medical Marijuana Commission (MMC) concerning cultivation facilities because (1) under § 25-15-212, no “adjudication” as defined by statute occurred at the agency level and the MMC's decision was not quasi-judicial, and (2) under § 25-15-207, the court only had jurisdiction to resolve a rule's validity or applicability, but the invalidity of a MMC rule was not pled, the “applicability” of a rule was not contested, and no declaration of whether a rule should have been applied was sought; instead, the complaints sought a declaration that the “application” of the MMC rules was improper, unfair, and arbitrary. Ark. Dep't of Fin. & Admin. v. Naturalis Health, LLC, 2018 Ark. 224, 549 S.W.3d 901 (2018).

Agency.

Since local school districts are political subdivisions of the state and not state agencies within the meaning of the act, this subchapter does not apply to local school districts. Corbin v. Special Sch. Dist., 250 Ark. 357, 465 S.W.2d 342 (1971).

The Employment Security Division of the Arkansas Department of Labor is specifically exempted but neither the Department of Labor nor the Commissioner (now Director) of Labor are exempt from provisions of this subchapter relating to the procedure for the adoption of rules. Arkansas Dep't of Labor v. American Emp. Agency, 257 Ark. 509, 517 S.W.2d 949 (1975).

The Alcoholic Beverage Commission is not an agency excepted from this subchapter and is therefore subject to its provisions. Byrd v. Jones, 263 Ark. 406, 565 S.W.2d 131 (1978).

The Arkansas Administrative Procedure Act does not apply to the Supreme Court Committee on Professional Conduct; courts are specifically excluded from the definition of “agency,” and the Committee on Professional Conduct is an arm of the Supreme Court. Supreme Court Comm. on Professional Conduct v. Muhammed, 291 Ark. 225, 723 S.W.2d 828 (1987).

Arkansas Department of Health and Human Services (DHHS) is an agency under § 25-15-202(2)(A); therefore, a decision from the DHHS to leave a person's name on the Arkansas Child Maltreatment Central Registry was reviewed under the standards in § 25-15-212(h)(1), (4). Vancleave v. Ark. Dep't of Health & Human Servs., 98 Ark. App. 299, 254 S.W.3d 770 (2007).

Delegation of Authority.

Words “delegation of authority” do not refer to jurisdiction placed in a court. Ark. Sav. & Loan Ass'n Bd. v. Corning Sav. & Loan Ass'n, 252 Ark. 264, 478 S.W.2d 431 (1972).

Rule.

Site selection for the construction of an adult detention facility does not fall anywhere within the definition of the term “rule” as contained in this section, as it does not constitute an agency statement of general applicability. Eldridge v. Board of Corr., 298 Ark. 467, 768 S.W.2d 534 (1989).

Recommendations by a state board as to the adoption of a mail order service and change in the reimbursement rates of a pharmacy service plan for state and public school employees did not constitute “rule-making” within the meaning of subsections (8) and (9) of this section, and accordingly, the notice and hearing provisions therein did not have to be complied with; such recommendations were within the board's legislatively mandated duties pursuant to § 21-5-401. Arkansas Pharmacist's Ass'n v. Arkansas State & Pub. Sch. Life and Hlth. Ins. Bd., 352 Ark. 1, 98 S.W.3d 27 (2003).

Arkansas Administrative Procedure Act (APA) did not apply to statewide ban on solicitation activity at State revenue offices, as the policy did not meet the APA's definition of a “rule” because it simply prohibited those who did not have business with the State from soliciting on revenue office property. Brown v. Ark. Dep't of Fin. & Admin., 180 F. Supp. 3d 602 (W.D. Ark. 2016), aff'd, 674 Fed. Appx. 599 (8th Cir. 2017).

Cited: Fireman's Ins. Co. v. Ark. State Claims Comm'n, 301 Ark. 451, 784 S.W.2d 771; National Park Medical Ctr. v. Arkansas Dep't of Human Servs., 322 Ark. 595, 911 S.W.2d 250 (1995); Beavers v. Ark. State Bd. of Dental Exam'rs, 151 F.3d 838 (8th Cir. 1998); Ark. Dep't of Econ. Dev. v. William J. Clinton Presidential Found., 364 Ark. 40, 216 S.W.3d 119 (2005); Munson v. Ark. Dep't of Corr. Sex Offender Screening, 369 Ark. 290, 253 S.W.3d 901 (2007); Walker v. Ark. State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899 (2010).

25-15-203. Rules — Required rules — Public inspection.

  1. In addition to other rulemaking requirements imposed by law, each agency shall:
    1. Adopt as a rule a description of its organization, stating the general course and method of its operations, including the methods whereby the public may obtain information or make submissions or requests;
    2. Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency;
    3. Make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions; and
    4. Make available for public inspection all orders, decisions, and opinions.
  2. No agency rule, order, or decision shall be valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been filed and made available for public inspection as required in this subchapter. This provision shall not apply in favor of any person or party with actual knowledge of an agency rule, order, or decision.
  3. To the extent possible, a rule shall be written in plain language.

History. Acts 1967, No. 434, § 2; A.S.A. 1947, § 5-702; Acts 1993, No. 1106, § 2; 2001, No. 1648, § 2; 2019, No. 662, § 1.

Amendments. The 2019 amendment added (c).

Research References

Ark. L. Notes.

Driver, The Arkansas Register: Worth Doing Right? The Case for Codification of Arkansas Regulatory Law, 1992 Ark. L. Notes 99.

Case Notes

Applicability.

Arkansas Administrative Procedure Act (APA) did not apply to statewide ban on solicitation activity at State revenue offices, as the policy did not meet the APA's definition of a “rule” because it simply prohibited those who did not have business with the State from soliciting on revenue office property. Brown v. Ark. Dep't of Fin. & Admin., 180 F. Supp. 3d 602 (W.D. Ark. 2016), aff'd, 674 Fed. Appx. 599 (8th Cir. 2017).

Discovery.

The plaintiff was not deprived of due process by the department's failure to promulgate rules and regulations for its administrative hearing procedures as required by the statute where she had considerable opportunity for discovery and did not say that she asked the hearing officer for more. Alexander v. Pathfinder, Inc., 189 F.3d 735 (8th Cir. 1999).

Cited: Parker v. Corrothers, 750 F.2d 653 (8th Cir. 1984).

25-15-204. Rules — Procedure for adoption.

  1. Prior to the adoption, amendment, or repeal of a rule, the agency shall:
        1. Give at least thirty (30) days' notice of its intended action.
        2. The thirty-day period shall begin on the first day of the publication of notice.
      1. The notice shall include:
        1. A statement of the terms or substance of the intended action or a description of the subjects and issues involved; and
        2. The time, location, and manner in which an interested person may present his or her position on the intended action of the agency or on the issues related to the intended action of the agency.
      2. The notice shall be mailed to:
        1. A person specified by law; and
        2. A person who has requested advance notice of rulemaking proceedings.
      3. Unless otherwise provided by law, the notice shall be published:
        1. In a newspaper of general daily circulation for three (3) consecutive days and, when appropriate, in those trade, industry, or professional publications that the agency may select.
        2. By the Secretary of State on the internet for thirty (30) days under § 25-15-218.
        1. If enacted legislation requires or results in more than one (1) agency adopting, amending, or repealing rules on a similar subject matter, the agencies may publish a combined notice for all rules.
        2. The combined notice shall:
          1. Include:
            1. The names of all agencies involved in the collective filing; and
            2. The time, location, and manner in which an interested person may present his or her position on the intended action of each agency or on the issues related to the intended action of each agency; and
          2. Meet the requirements of subdivisions (a)(1)(C) and (D) of this section;
      1. Afford all interested persons reasonable opportunity to submit written data, views, or arguments, orally or in writing.
      2. The agency shall grant an opportunity for an oral hearing if requested by twenty-five (25) persons, by a governmental subdivision or agency, or by an association having at least twenty-five (25) members.
      3. The agency shall fully consider all written and oral submissions respecting the proposed rule before finalizing the language of the proposed rule and filing the proposed rule as required by subsection (e) of this section.
      4. If an interested person requests a statement of the reasons for and against the adoption of a rule before adoption or within thirty (30) days after adoption, the agency shall issue a concise statement of the principal reasons for and against its adoption, incorporating its reasons for overruling the considerations urged against its adoption.
      5. When rules are required by law to be made on the record after opportunity for an agency hearing, the provisions of that law shall apply in place of this subdivision (a)(2).
      6. Agencies that publish a combined notice as described in subdivision (a)(1)(E) of this section may hold a joint public hearing when required by law or otherwise desired by the agencies; and
    1. Consider the following factors:
      1. Whether the agency is required by statute to adopt the proposed rule, whether by a specific date, and whether the agency has discretion to promulgate rules;
      2. Other statutes relevant to the proposed rule and its alternatives;
      3. The specific nature and significance of the problem the agency addresses with the proposed rule, including without limitation:
        1. The nature and degree of the risks the problem poses;
        2. The priority of addressing those risks as opposed to other matters or activities within the agency's jurisdiction;
        3. Whether the problem warrants new agency action; and
        4. The countervailing risks that may be posed by alternative rules for the agency;
      4. Whether existing rules have created or contributed to the problem the agency is addressing with the proposed rule, and whether those rules could be amended or repealed to address the problem in whole or in part;
      5. Reasonable alternatives to the proposed rule, including without limitation:
        1. Adopting no rule;
        2. Amending or repealing existing rules; and
        3. Other potential responses that could be taken instead of agency action;
      6. The financial impact of the proposed rule; and
      7. Any other factor relevant to the need for and alternatives to the proposed rule.
    1. An agency shall not adopt, amend, or repeal a rule unless the rule is based on the best reasonably obtainable scientific, technical, economic, or other evidence and information available concerning the need for, consequences of, and alternatives to the rule.
    2. An agency shall adopt the least costly rule considered under this section, unless:
      1. The additional benefits of the more costly rule justify its additional cost;
      2. The agency explains its reason for adoption of the more costly rule in writing;
      3. The reason is based on the interests of public health, safety, or welfare; and
      4. The reason is within the scope of the agency's statutory authority.
    1. If an agency finds that imminent peril to the public health, safety, or welfare or compliance with a federal law or regulation requires adoption of a rule upon less than thirty (30) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it may choose, to adopt an emergency rule.
    2. An agency shall not file an emergency rule with the Secretary of State for adoption until the emergency rule has been approved under § 10-3-309.
    3. Except as provided in § 5-64-201, the rule may be effective for no longer than one hundred twenty (120) days.
    4. If, after the expiration of the effective period of an emergency rule, an agency wishes to adopt a successive emergency rule that is identical or substantially similar to the expired emergency rule, the agency shall not adopt the successive emergency rule earlier than thirty (30) days after the expiration of the emergency rule.
    1. A person may petition an agency for the issuance, amendment, or repeal of a rule.
    2. Within thirty (30) days after submission of a petition, the agency shall:
      1. Deny the petition, stating in writing its reasons for the denial; or
      2. Initiate rulemaking proceedings.
      1. An agency shall file with the Secretary of State and the Legislative Council a:
        1. Copy of each rule, including without limitation an emergency rule, proposed by the agency;
        2. Financial impact statement for the proposed rule;
        3. Notice for the adoption, amendment, or repeal of any rule required to be published on the internet under this section;
        4. Statement setting forth the reason for the proposed rule; and
        5. Summary of the proposed rule.
      2. An agency shall file with the Arkansas State Library a copy of each rule, including without limitation an emergency rule, finalized by the agency and a financial impact statement for the rule.
      3. A rule shall be filed in compliance with this section and with §§ 10-3-309 and 25-15-218.
    1. The Secretary of State shall keep a register of the rules open to public inspection, and it shall be a permanent register.
    2. If the purpose of a state agency rule is to implement a federal rule or regulation, the financial impact statement shall include:
      1. The cost to implement the federal rule or regulation; and
      2. The additional cost of the state rule.
      1. If a financial impact statement reveals a new or increased cost or obligation of at least one hundred thousand dollars ($100,000) per year to a private individual, private entity, private business, state government, county government, municipal government, or to two (2) or more of those entities combined, the agency shall file written findings at the time of filing the financial impact statement.
      2. The written findings shall be filed simultaneously with the financial impact statement and shall include without limitation:
        1. A statement of the rule's basis and purpose;
        2. The problem the agency seeks to address with the proposed rule, including a statement of whether a rule is required by statute;
        3. A description of the factual evidence that:
          1. Justifies the agency's need for the proposed rule; and
          2. Describes how the benefits of the rule meet the relevant statutory objectives and justify the rule's costs;
        4. A list of less costly alternatives to the proposed rule and the reasons why the alternatives do not adequately address the problem to be solved by the proposed rule;
        5. A list of alternatives to the proposed rule that were suggested as a result of public comment and the reasons why the alternatives do not adequately address the problem to be solved by the proposed rule;
          1. A statement of whether existing rules have created or contributed to the problem the agency seeks to address with the proposed rule.
          2. If existing rules have created or contributed to the problem, an explanation of why amendment or repeal of the rule creating or contributing to the problem is not a sufficient response; and
        6. An agency plan for review of the rule no less than every ten (10) years to determine whether, based upon the evidence, there remains a need for the rule, including without limitation whether:
          1. The rule is achieving the statutory objectives;
          2. The benefits of the rule continue to justify its costs; and
          3. The rule can be amended or repealed to reduce costs while continuing to achieve the statutory objections.
  2. An agency shall not file a final rule with the Secretary of State for adoption unless the final rule has been approved under § 10-3-309.
      1. Each rule adopted by an agency is effective ten (10) days after filing of the final rule with the Secretary of State unless a later date is specified by law or in the rule itself.
      2. A final rule shall not be filed until the thirty-day public comment period required under subdivision (a)(1)(A) of this section has expired.
        1. After the expiration of the thirty-day public comment period and before the effective date of the rule, the agency promulgating the rule shall take appropriate measures to make the final rule known to the persons who may be affected by the rule.
        2. Appropriate measures shall include without limitation posting the following information on the agency's website:
          1. The final rule;
          2. Copies of all written comments submitted to the agency regarding the rule;
          3. A summary of all written and oral comments submitted to the agency regarding the rule and the agency's response to those comments;
          4. A summary of the financial impact of the rule; and
          5. The proposed effective date of the final rule.
        1. However, an emergency rule may become effective immediately upon filing or at a stated time less than ten (10) days after filing if the agency finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare.
        2. The agency's finding, a brief statement of the reasons for the finding, and the financial impact statement shall be filed with the rule.
      1. The agency shall take appropriate measures to make emergency rules known to the persons who may be affected by the emergency rules.
  3. A rule adopted after June 30, 1967, is not valid unless adopted and filed in substantial compliance with this section.
    1. In a proceeding that questions the existence of imminent peril to the public health, safety, or welfare, a written finding by an agency that adopting an emergency rule was necessary to avoid the loss of federal funding or certification establishes a prima facie case of the existence of imminent peril to the public health, safety, or welfare.
    2. The burden of proof shifts to the challenger to rebut the existence of the condition by a preponderance of the evidence.

History. Acts 1967, No. 434, § 3; 1979, No. 62, § 1; 1985, No. 139, § 1; A.S.A. 1947, § 5-703; Acts 1989, No. 932, §§ 1, 2; 1993, No. 1106, § 1; 1995, No. 459, § 3; 1995, No. 884, §§ 1-3; 1995, No. 1104, § 1; 1997, No. 406, § 1; 1997, No. 533, § 4; 2001, No. 1648, § 3; 2003, No. 1478, § 1; 2005, No. 1259, § 1; 2006 (1st Ex. Sess.), No. 38, § 3; 2007, No. 143, § 2; 2011, No. 587, § 2; 2011, No. 1015, § 1; 2011, No. 1016, § 1; 2013, No. 759, § 4; 2013, No. 1057, § 1; 2015, No. 1258, § 40; 2017, No. 1079, § 1; 2019, No. 319, §§ 4, 5; 2019, No. 662, § 2.

A.C.R.C. Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 1995, Nos. 884 and 1104. Subsection (d) of this section was also amended by Acts 1995, No. 459 to read as follows:

“(d)(1) Every agency, including those exempted under § 25-15-202, shall file with the Secretary of State, the Arkansas State Library, and the Arkansas Code Revision Commission a certified copy of each rule and regulation adopted by it.

“(2) The Secretary of State shall keep a register of the rules open to public inspection, and it shall be a permanent register.

“(3) The Arkansas Code Revision Commission shall publish a code of state regulations pursuant to § 1-2-301 et seq.”

Acts 2015, No. 1258, § 1, provided: “LEGISLATIVE FINDINGS. The General Assembly finds:

“(1) Amendment 92 to the Arkansas Constitution states in part: ‘The General Assembly may provide by law for the review by a legislative committee of administrative rules promulgated by a state agency before the administrative rules become effective; and that administrative rules promulgated by a state agency shall not become effective until reviewed and approved by the legislative committee charged by law with the review of administrative rules under subdivision (a)(1) of this section’;

“(2) As Amendment 92 does not define the term ‘state agency’, the General Assembly may establish a definition by law as part of its implementation of Amendment 92;

“(3) The General Assembly at this time wishes to exclude the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education from the definition of ‘state agency’ applied to the implementation of Amendment 92; and

“(4) The General Assembly or the Legislative Council reserve the right to amend the definition of ‘state agency’ in the future to include one (1) or all of the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education.”

Acts 2019, No. 319, § 1, provided: “Title. This act shall be known and may be cited as the ‘Red Tape Reduction Collective Rulemaking Act of 2019’”.

Amendments. The 2011 amendment by No. 587 added “Except as provided in § 5-64-201” at the beginning of (b)(2).

The 2011 amendment by No. 1015 added the (e)(1)(A) designation; in (e)(1)(A), substituted “thirty (30)” for “ten (10)” and inserted “of the final rule”; added (e)(1)(B) and (C); and substituted “thirty (30)” for “ten (10)” in (e)(2)(A)(i).

The 2011 amendment by No. 1016 added (b)(3).

The 2013 amendment by No. 759 rewrote (a)(3); inserted (b) and redesignated the remaining subsections accordingly; rewrote (e)(3); added (e)(4); and, in (f) added “A summary of the financial impact of the rule” and “and the financial impact statement.”

The 2013 amendment by No. 1057 inserted “with the Secretary of State” in (f)(1)(A).

The 2015 amendment inserted (c)(2), and redesignated the remaining subdivisions accordingly; substituted “§ 5-64-201” for “§ 5-64-204” in (c)(3); in (e)(1)(A), substituted “Legislative Council” for “Bureau of Legislative Research” and inserted “including without limitation an emergency rule”; inserted (f), and redesignated the remaining subsections accordingly; and substituted “ten (10) days” for “thirty (30) days” in present (g)(1)(A) and present (g)(2)(A)(i).

The 2017 amendment, in (e)(1)(A), deleted “the Arkansas State Library” following “State” and substituted “the agency” for “it”; inserted (e)(1)(B); and redesignated former (e)(1)(B) as (e)(1)(C).

The 2019 amendment by No. 319 added (a)(1)(E) and (a)(2)(F).

The 2019 amendment by No. 662 added the (e)(1)(A)(i) and (e)(1)(A)(ii) designations; and added (e)(1)(A)(iii) through (e)(1)(A)(v).

Research References

Ark. L. Notes.

Driver, The Arkansas Register: Worth Doing Right? The Case for Codification of Arkansas Regulatory Law, 1992 Ark. L. Notes 99.

Case Notes

Applicability.

The Employment Security Division of the Arkansas Department of Labor (now Arkansas Employment Security Department) is specifically exempted but neither the Department of Labor nor the Commissioner of Labor (now Director of the Arkansas Employment Security Department) are exempt from provisions of this subchapter relating to the procedure for the adoption of rules. Arkansas Dep't of Labor v. American Emp. Agency, 257 Ark. 509, 517 S.W.2d 949 (1975).

Arkansas Health Services Commission's new rule allowing the Commission to disregard the overall county occupancy one time in order to approve a 70-bed nursing home facility in a single county where the projected need for the county exceeded the “existing” beds by 250 or more beds was not arbitrary special or local legislation, because it was conceivable that other counties in the state would, in the future, come under the rule's provisions. Ark. Health Servs. Comm'n v. Reg'l Care Facilities, Inc., 351 Ark. 331, 93 S.W.3d 672 (2002).

Compliance.

Circuit court did not err in granting beneficiaries of a state Medicaid program a temporary restraining order enjoining the Department of Human Services from conducting annual reassessments and reducing attendant-care hours as the beneficiaries demonstrated a likelihood of success on the merits; the beneficiaries showed that the Department of Human Services did not substantially comply with this section in promulgating the new Resource Utilization Groups system methodology by failing to provide proper notice. Ark. Dep't of Human Servs. v. Ledgerwood, 2017 Ark. 308, 530 S.W.3d 336 (2017).

Department of Human Services (DHS) did not violate the express terms of a preliminary injunction order and was not in contempt where the order expressly barred it from using a Medicaid waiver methodology “unless or until it was properly promulgated” and days later DHS promulgated an emergency rule utilizing the same methodology without prior notice and opportunity for public comment. DHS complied with subsection (c) of this section when adopting the emergency rule by providing a written statement explaining its finding of imminent peril to the public health, safety, or welfare absent the emergency rule. Ark. Dep't of Human Servs. v. Ledgerwood, 2019 Ark. 121, 571 S.W.3d 911 (2019).

Rule Modification.

As the Department of Human Services had the ability to modify the proposed rules, which plaintiff health care provider contended were fixed by contract prior to the expiration of the public comment period, the rule making was not in violation of this section. National Park Medical Ctr. v. Arkansas Dep't of Human Servs., 322 Ark. 595, 911 S.W.2d 250 (1995).

Cited: Curry v. State, 279 Ark. 153, 649 S.W.2d 833 (1983); Parker v. Corrothers, 750 F.2d 653 (8th Cir. 1984); Muhammed v. Arkansas Supreme Court Comm. on Professional Conduct, 291 Ark. 29, 722 S.W.2d 280 (1987); Eldridge v. Board of Corr., 298 Ark. 467, 768 S.W.2d 534 (1989).

25-15-205. Rules — The Arkansas Register.

    1. The Secretary of State shall compile, index, and publish on its website a document to be known as “The Arkansas Register”.
    2. The register shall contain:
      1. A copy of each rule, including without limitation an emergency rule, proposed by an agency;
      2. A financial impact statement for the proposed rule;
      3. The notice for the adoption, amendment, or repeal of any rule required to be published on the internet under § 25-15-204;
      4. A statement setting forth the reason for the proposed rule; and
      5. A summary of the proposed rule.
    3. The inclusion of a direct link to an electronic version of the information under subdivision (a)(2) of this section shall satisfy the requirements of this section.
      1. The Secretary of State may omit from publication in the register any rule in which publication would be unduly cumbersome, expensive, or otherwise impractical.
      2. If a rule is omitted from publication under subdivision (a)(4)(A) of this section, the register shall indicate where and how a copy of the omitted rule may be obtained.
  1. The Secretary of State shall update the register at least monthly no later than the first Tuesday of every month, setting forth a synopsis of rules filed by agencies.
    1. If requested, a printed copy of the register shall be furnished to all state agencies and other persons at prices fixed by the Secretary of State to cover publication and mailing costs.
    2. Proceeds from the sale of the register shall be deposited into the Constitutional Officers Fund and the State Central Services Fund in the State Treasury.
  2. A progress report on publication and distribution shall be provided to the Legislative Council annually.

History. Acts 1967, No. 434, § [17], as added by Acts 1979, No. 818, § 1; 1977, No. 720, § 3; A.S.A. 1947, §§ 5-704.1, 5-704.2; Acts 1991, No. 1075, § 14; 2001, No. 1648, § 4; 2003, No. 1478, § 2; 2013, No. 1057, § 2; 2019, No. 662, § 3.

Amendments. The 2013 amendment rewrote (a); in (b), substituted “update” for “publish” and deleted the former last sentence, which read “A cumulative index shall be published annually”; and added “If requested, a printed copy of” in (c)(1).

The 2019 amendment rewrote (a)(2); added (a)(3) and (4); and inserted “no later than the first Tuesday of every month” in (b).

Research References

U. Ark. Little Rock L.J.

Heller and Sallings, Survey of Public Law, 3 U. Ark. Little Rock L.J. 296.

25-15-206. Rules — Declaratory orders.

Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory orders as to the applicability of any rule, statute, or order enforced by it. These declaratory orders shall have the same status as agency orders in cases of adjudication.

History. Acts 1967, No. 434, § 6; A.S.A. 1947, § 5-706.

Case Notes

Cited: Douglass v. Nationwide Mut. Ins. Co., 323 Ark. 105, 913 S.W.2d 277 (1996).

25-15-207. Rules — Actions for declaratory judgments.

  1. The validity or applicability of a rule may be determined in an action for declaratory judgment if it is alleged that the rule, or its threatened application, injures or threatens to injure the plaintiff in his or her person, business, or property.
  2. The action may be brought in the circuit court of any county in which the plaintiff resides or does business or in Pulaski County Circuit Court.
  3. The agency shall be made defendant in that action.
  4. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.

History. Acts 1967, No. 434, § 5; A.S.A. 1947, § 5-705.

Research References

U. Ark. Little Rock L.J.

Survey — Civil Procedure, 12 U. Ark. Little Rock L.J. 135.

Case Notes

In General.

Pursuant to subsection (a), an action for declaratory judgment is a proper method for testing the validity of rules which, in the plaintiff's view, threaten future damage. McEuen Burial Ass'n v. Arkansas Burial Ass'n Bd., 298 Ark. 572, 769 S.W.2d 415 (1989).

Beneficiaries of a state Medicaid program were not required to exhaust their administrative remedies before filing their declaratory judgment action in the circuit court because any irreparable harm to the beneficiaries warranted application of the futility exception; also, subsection (d) of this section provided the beneficiaries the statutory scheme for seeking a declaratory judgment in lieu of pursuing the exhaustion of remedies. Ark. Dep't of Human Servs. v. Ledgerwood, 2017 Ark. 308, 530 S.W.3d 336 (2017).

Purpose.

Declaratory actions are intended to supplement rather than replace ordinary causes of action. Regional Care Facilities, Inc. v. Rose Care, Inc., 322 Ark. 780, 912 S.W.2d 406 (1995).

Applicability.

Declaratory relief is not proper when the identical questions involved in the declaratory judgment proceeding are already at issue between the parties in a pending action and declaratory judgment procedure is not proper as a means of trying a case, or various issues involved in it, by piecemeal. Regional Care Facilities, Inc. v. Rose Care, Inc., 322 Ark. 780, 912 S.W.2d 406 (1995).

Where a church and its affiliated university sought an exception from certification requirements of the Arkansas Department of Higher Education, the church could have brought a declaratory action to determine whether or not the exception for programs that were predominantly religious in nature applied; thus, the church was not entitled to a writ of mandamus. Axley v. Hardin, 353 Ark. 529, 110 S.W.3d 766 (2003).

Motion to dismiss on sovereign-immunity grounds filed by the Arkansas Department of Human Services (DHS) and its director as to declaratory relief sought against DHS and the director in his official capacity was properly denied under this section, which waives sovereign immunity when a declaratory judgment is sought regarding the validity or applicability of an agency rule; this section allowed school districts to challenge a rule requiring licensed child-care centers to have general liability insurance. Ark. Dep't of Human Servs. v. Fort Smith Sch. Dist., 2015 Ark. 81, 455 S.W.3d 294 (2015).

Circuit court properly denied a motion to dismiss on sovereign-immunity grounds filed by the Arkansas Department of Human Services (DHS) and its director as to the injunctive relief sought against DHS and the director in his official capacity; where there is a permitted challenge to a rule under the declaratory-judgment statute, a request for injunctive relief is simply a means to enforce the judgment, should the circuit court determine that the rule is invalid or inapplicable. Ark. Dep't of Human Servs. v. Fort Smith Sch. Dist., 2015 Ark. 81, 455 S.W.3d 294 (2015).

Circuit court had no subject-matter jurisdiction to review the licensing decision of the Medical Marijuana Commission (MMC) concerning cultivation facilities because (1) under § 25-15-212, no “adjudication” as defined by statute occurred at the agency level and the MMC's decision was not quasi-judicial, and (2) under this section, the court only had jurisdiction to resolve a rule's validity or applicability, but the invalidity of a MMC rule was not pled, the “applicability” of a rule was not contested, and no declaration of whether a rule should have been applied was sought; instead, the complaints sought a declaration that the “application” of the MMC rules was improper, unfair, and arbitrary. Ark. Dep't of Fin. & Admin. v. Naturalis Health, LLC, 2018 Ark. 224, 549 S.W.3d 901 (2018).

A broad reading of “applicability”, as to permit circuit courts to determine whether the agency complied with the rules, would largely eliminate the notice and hearing requirements of the Arkansas Adminstrative Procedure Act and would swallow § 25-15-212 entirely. Ark. Dep't of Fin. & Admin. v. Naturalis Health, LLC, 2018 Ark. 224, 549 S.W.3d 901 (2018).

Supreme Court of Akansas did not address whether Rule 19 of the Medical Marijuana Commission conveyed subject-matter jurisdiction to the circuit court; although that rule provided that a denial of a cultivation license may be appealed to the circuit court, the issue was not ripe because the appellees had not been issued denial letters subsequent to an adjudication. Ark. Dep't of Fin. & Admin. v. Naturalis Health, LLC, 2018 Ark. 224, 549 S.W.3d 901 (2018).

Administrative Remedies.

It seems to be now a recognized doctrine that requires administrative relief to be sought before resorting to declaratory procedure, wherever administrative relief is afforded and this requirement is not one merely requiring the initiation of administrative procedure, but the administrative procedure must be pursued to its final conclusion before resort may be had to the court for declaratory relief. Regional Care Facilities, Inc. v. Rose Care, Inc., 322 Ark. 780, 912 S.W.2d 406 (1995).

Applicant was required to exhaust its administrative remedies before seeking a declaratory order from the court for injunctive relief. Regional Care Facilities, Inc. v. Rose Care, Inc., 322 Ark. 780, 912 S.W.2d 406 (1995).

This section does not allow one to file a declaratory judgment action in court without first exhausting his administrative remedies before the Game and Fish Commission. Ford v. Ark. Game & Fish Comm'n, 335 Ark. 245, 979 S.W.2d 897 (1998).

Where the Arkansas Tobacco Control Board charged a company with violating the anti-rebating provisions of the Arkansas Unfair Cigarette Sales Act, § 4-75-708(b), the company was required to exhaust its administrative remedies before seeking declaratory relief in the form of preliminary and permanent injunctions in the circuit court; moreover, company's constitutional argument could be raised and developed at the administrative level. McLane S., Inc. v. Davis, 80 Ark. App. 30, 90 S.W.3d 16 (2002).

Appellants were not required to exhaust administrative remedies before they filed a lawsuit to challenge the constitutionality of § 200.3.2 of the Minimum Licensing Standards for Child Welfare Agencies because appellants, who would all be prohibited under the regulation from becoming foster parents because there were adult homosexuals in their homes, had shown that the threat of injury to them would justify having the regulation reviewed. Dep't of Human Servs. v. Howard, 367 Ark. 55, 238 S.W.3d 1 (2006).

Circuit court properly dismissed a physician's complaint for declaratory judgment and injunctive relief against the Arkansas State Medical Board where the statutes and regulations he sought to challenge did not completely bar any class of physicians from a certain act, and he failed to pursue the administrative remedy afforded him. Ahmad v. Beck, 2016 Ark. 30, 480 S.W.3d 166 (2016).

Ripeness.

When a rule (or declaratory order) has a direct effect on the day-to-day business operations of an insurance company and places that company in a dilemma regarding the full range of property and casualty insurance, the issue is a fit subject for judicial review and a petition for declaratory relief. Douglass v. Nationwide Mut. Ins. Co., 323 Ark. 105, 913 S.W.2d 277 (1996).

Venue.

Subsection (b) of this section, discussing venue for declaratory judgment actions brought to challenge the validity or applicability of an administrative agency rule, by its express terms applied only to such actions brought in the trial court. Ark. Game & Fish Comm'n v. Harkey, 345 Ark. 279, 45 S.W.3d 829 (2001).

Cited: Statewide Health Coordinating Council v. Circuit Court, 287 Ark. 84, 696 S.W.2d 729 (1985); UHS of Ark., Inc. v. City of Sherwood, 296 Ark. 97, 752 S.W.2d 36 (1988); Ark. Game & Fish Comm'n v. Murders, 327 Ark. 426, 327 Ark. 426, 938 S.W.2d 854 (1997); Doe v. Ark. Dep't of Human Servs., 357 Ark. 413, 182 S.W.3d 107 (2004); Ark. Residential Assisted Living Ass'n v. Ark. Health Servs. Permit Comm'n, 364 Ark. 372, 220 S.W.3d 665 (2005); Quapaw Care & Rehab. v. Arkansas Health Servs. Permit Comm'n, 2009 Ark. 356, 325 S.W.3d 269 (2009).

25-15-208. Administrative adjudication — Procedures generally.

  1. In every case of adjudication:
    1. All parties shall be afforded an opportunity for hearing after reasonable notice;
    2. The notice shall include:
      1. A statement of the time, place, and nature of the hearing;
      2. A statement of the legal authority and jurisdiction under which the hearing is to be held; and
      3. A short and plain statement of the matters of fact and law asserted;
    3. In every case of adjudication wherein an agency seeks to revoke, suspend, or otherwise sanction a license or permit holder, the agency or its attorney, upon the request of the license or permit holder, must provide the following information prior to conducting a hearing of adjudication:
      1. The names and addresses of persons whom the agency intends to call as witnesses at any hearing;
      2. Any written or recorded statements and the substance of any oral statements made by the license or permit holder, or a copy of the same;
      3. Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations, scientific tests, experiments, or comparisons, or copies of the same;
      4. Any books, papers, documents, photographs, or tangible objects which the agency intends to use in any hearing or which were obtained from or belong to the license or permit holder, or copies of the same;
      5. Disclosure shall not be required of research or records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the attorney for the agency or members of his or her staff or other state agents;
    4. Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved;
    5. The record shall include:
      1. All pleadings, motions, and intermediate rulings;
      2. Evidence received or considered, including, on request of any party, a transcript of oral proceedings or any part thereof;
      3. A statement of matters officially noticed;
      4. Offers of proof, objections, and rulings thereon;
      5. Proposed findings and exceptions thereto; and
      6. All staff memoranda or data submitted to the hearing officer or members of an agency in connection with their consideration of the case;
    6. Findings of fact shall be based exclusively on the evidence and on matters officially noticed;
      1. If the agency is authorized by law to issue subpoenas for the attendance and testimony of witnesses and the production of documents or things, then any party shall to the same extent be so authorized, and the agency shall issue a subpoena forthwith on written application thereof.
      2. A subpoena may be served in the manner as now provided for by statute or rule for the service of subpoenas in civil cases or by any form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or agent of the addressee.
  2. Nothing in this subchapter shall prohibit informal disposition by stipulation, settlement, consent order, or default.

History. Acts 1967, No. 434, § 8; A.S.A. 1947, § 5-708; Acts 1993, No. 1083, § 1; 2011, No. 717, § 1.

Amendments. The 2011 amendment added the (a)(7)(A) designation and (a)(7)(B).

Research References

Ark. L. Notes.

Watkins, Using the Freedom of Information Act as a Discovery Device, 1994 Ark. L. Notes 59.

Case Notes

Applicability.

The discretionary authority for an adjudicatory or administrative hearing contained in former § 23-32-1203(e) precludes the application of subdivision (a)(3) of this section by virtue of § 25-15-211. Simply stated, in this situation the Administrative Procedure Act does not apply to the activities of the state bank commissioner. First Nat'l Bank v. Arkansas State Bank Comm'r, 301 Ark. 1, 781 S.W.2d 744 (1989).

Notice.

Revocation of an insurance license was upheld because hearing notice sent by the Arkansas Insurance Department provided sufficient warnings of the allegations against a title insurance company owner; a detailed description of the precise instances of misconduct was not required. The notice plainly charged the owner with diverting or misappropriating escrow funds, and it reasonably informed the owner of the type of violations that were later cited in the Department's order as a basis for revocation. Dyer v. Ark. Ins. Dep't, 2015 Ark. App. 446, 468 S.W.3d 303 (2015).

Subpoena.

In a case involving the revocation of an insurance license, even though challenged documents likely contained hearsay, the rules of evidence are relaxed in an administrative proceeding; moreover, the owner had the ability to subpoena witnesses to call the document preparers himself, or he could have asked for a continuance or a rehearing. Therefore, the administrative refusal to exclude the evidence outright was upheld. Dyer v. Ark. Ins. Dep't, 2015 Ark. App. 446, 468 S.W.3d 303 (2015).

Cited: Franklin v. Arkansas Dep't of Human Servs., 319 Ark. 468, 892 S.W.2d 262 (1995); Brown v. Ark. State Heating, Ventilation, Air Conditioning & Refrigeration Licensing Bd., 336 Ark. 34, 984 S.W.2d 402 (1999); Holloway v. State Bd. of Architects, 79 Ark. App. 200, 86 S.W.3d 391 (2002); Nash v. Ark. Elevator Safety Bd., 370 Ark. 345, 259 S.W.3d 421 (2007); Gilmore v. Ark. Bd. of Registration for Prof'l Eng'rs & Land Surveyors, 2011 Ark. App. 139, 381 S.W.3d 860 (2011).

25-15-209. Administrative adjudication — Communication by decision maker.

  1. Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make final or proposed findings of fact or conclusions of law in any case of adjudication shall not communicate, directly or indirectly, in connection with any issue of fact with any person or party nor, in connection with any issue of law, with any party or his or her representative, except upon notice and opportunity for all parties to participate.
  2. An agency member may:
    1. Communicate with other members of the agency; and
    2. Have the aid and advice of one (1) or more personal assistants.

History. Acts 1967, No. 434, § 11; A.S.A. 1947, § 5-711.

Case Notes

Communication Permitted.

Subsection (b) of this section expressly allows communications between agency members. Ark. Appraiser Licensing & Certification Bd. v. Fletcher, 326 Ark. 628, 933 S.W.2d 789 (1996).

Unsworn statements at public hearings and written communications read aloud into the record are not ex parte communications in violation of subsection (a). City of Benton v. Arkansas Soil & Water Conservation Comm'n, 345 Ark. 249, 45 S.W.3d 805 (2001).

Communication Prohibited.

Subsection (a) of this section does not prohibit business relationships between agency members; it prohibits communications about issues relating to a particular adjudication proceeding. Ark. Appraiser Licensing & Certification Bd. v. Fletcher, 326 Ark. 628, 933 S.W.2d 789 (1996).

Evidence.

Violations of subsection (a) must be established by proof of the existence and content of the alleged ex parte communications. Ark. Appraiser Licensing & Certification Bd. v. Fletcher, 326 Ark. 628, 933 S.W.2d 789 (1996).

Procedural Irregularities.

Third party contacts made to Alcoholic Beverage Control Board members violated subsection (a) and, as procedural irregularities, were properly allowed by the trial court as additional testimony describing these contacts and were added to the record pursuant to § 25-15-212. Arkansas Alcoholic Beverage Control Div. v. Cox, 306 Ark. 82, 811 S.W.2d 305, 1991 Ark. LEXIS 343 (1991).

Specific Cases.

Physician failed to sufficiently develop or elicit any proof to support her allegations that she was denied a fair hearing and due process with regard to the State Medical Board's counsel also acting as prosecutor in the disciplinary proceedings. The physician did not attend the hearing before the Board or retain counsel, and her pleadings contained only speculative and conclusory allegations. McCormick v. Ark. State Med. Bd., 2017 Ark. App. 697, 545 S.W.3d 776 (2017).

Cited: Madden v. United States Assocs., 40 Ark. App. 143, 844 S.W.2d 374 (1992).

25-15-210. Administrative adjudication — Decisions.

  1. When, in a case of adjudication, a majority of the officials of the agency who are to render the decision have not heard the case or read the record, the decision, if adverse to a party other than the agency, shall not be made until a proposal for decision is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary thereto, prepared by the person who conducted the hearing.
    1. In every case of adjudication, a final decision or order shall be in writing or stated in the record.
    2. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding.
  2. Parties shall be served either personally or by mail with a copy of any decision or order.

History. Acts 1967, No. 434, § 10; A.S.A. 1947, § 5-710.

Research References

U. Ark. Little Rock L.J.

Derden, Survey of Arkansas Law: Administrative Law, 2 U. Ark. Little Rock L.J. 157.

Case Notes

In General.

—Noncompliance.

Where administrative board's findings did not state how the chiropractor's ad violated the board's regulation against deceptive advertising, but merely recited conclusions regarding the alleged violations, the case had to be remanded for further findings of fact and conclusions of law. Nesterenko v. Arkansas Bd. of Chiropractic Exam'rs, 76 Ark. App. 561, 69 S.W.3d 459 (2002).

Findings and Conclusions.

After an appeal of a sex offender adjudication was dismissed on the ground that it could not be concluded that appellant had received notice of the Arkansas Department of Correction Sex Offender Screening and Risk Assessment Committee's (SOSRA's) final decision, the court denied SOSRA's petition for rehearing because § 12-12-922(b)(6)(A) and (7)(A) required SOSRA to send “findings” to appellant, which proscription was consistent with the requirements of the Arkansas Administrative Procedure Act under subdivision (b)(2) of this section. Munson v. Ark. Dep't of Corr. Sex Offender Screening, 369 Ark. 290, 253 S.W.3d 901 (2007).

Although the Alcoholic Beverage Control Board failed to make findings of fact and conclusions of law as to the “sale” of liquor permits, appellants never requested or offered any proposed findings on this issue and merely raised the contention in closing. Ark. Bev. Retailers Ass'n v. Langley, 2011 Ark. App. 259 (2011).

Because the Arkansas Health Services Permit Commission did not set forth any findings of fact or conclusions of law to support its decision to grant the transfer of a permit of approval, in accordance with subdivision (b)(2) of this section, the matter had to be remanded. Twin Rivers Health & Rehab, LLC v. Ark. Health Servs. Permit Comm'n, 2012 Ark. 15 (2012).

Because the Arkansas Motor Vehicle Commission failed in its obligation to make sufficient findings of fact relevant to the contested issue of what constituted the current model year, the supreme court could not determine whether the Commission had resolved that issue in conformity with the law. Voltage Vehicles v. Arkansas Motor Vehicle Comm'n, 2012 Ark. 386, 424 S.W.3d 281 (2012).

—In General.

Subsection (b) does not require findings of fact to be couched in statutory language; it only requires that if such findings of fact are set forth in statutory language they be accompanied with a statement of the underlying facts. Fowler v. Ark. Real Estate Comm'n, 258 Ark. 292, 524 S.W.2d 230 (1975).

The State Banking Board is not required to make specific rulings except in its final decision. Bank of Waldron v. Scott County Bank, 267 Ark. 407, 590 S.W.2d 654 (1979).

In granting a bank charter, the State Banking Board could adopt findings of fact and conclusions of law after deciding to grant the charter. Citizens Bank v. Arkansas State Banking Bd., 271 Ark. 703, 610 S.W.2d 257 (1981).

The case law strictly interpreting subdivision (b)(2) of this section would only be applicable to those cases where notice and a hearing are both required. In contrast, given the informal nature of the branch bank application procedure, the state bank commissioner's findings of fact are sufficient to satisfy the requirements of § 23-32-1203(f). First Nat'l Bank v. Arkansas State Bank Comm'r, 301 Ark. 1, 781 S.W.2d 744 (1989).

Reviewing courts may not supply findings by weighing the evidence themselves, because that function is the responsibility of the administrative agency, which sees the witnesses as they testify. Green House, Inc. v. Ark. ABC Div., 29 Ark. App. 229, 780 S.W.2d 347 (1989).

—Adoption of Proposed Findings.

Failure to allow response to proposed findings of fact or hearing with regard thereto and adoption of proposed findings was not arbitrary and capricious nor an abuse of discretion where opposing counsel was provided with copy of proposed findings and failed to submit any modifications or comments or any findings of its own. Bank of Waldron v. Scott County Bank, 267 Ark. 407, 590 S.W.2d 654 (1979).

—Compliance.

Board's actions in 1993 were not tantamount to a reopening of the issue of fireman's retirement benefits granted in 1989; if fireman presented any information about, or evidence of, a work-related injury to the Board, it was not included in the record and the record did not contain any medical information provided by fireman to support a reopening nor any evidence of fraud, mistake, or misconception of facts that would have supported a reopening of the earlier claim, and thus Board did not fail to comply with this section because there was no adjudication on the merits. Earp v. Benton Fire Dep't, 52 Ark. App. 66, 914 S.W.2d 781 (1996).

—Noncompliance.

Case remanded to board for failure to make findings. Floyd v. Ark. State Bd. of Pharmacy, 251 Ark. 626, 473 S.W.2d 866 (1971); Arkansas Sav. & Loan Ass’n Board v. Central Arkansas Sav. & Loan Ass’n, 256 Ark. 846, 510 S.W.2d 872, 1974 Ark. LEXIS 1550 (1974); Gordon v. Cummings, 262 Ark. 737, 561 S.W.2d 285 (1978).

The statutory requirement with respect to findings is primarily for the benefit of the reviewing courts and a failure to comply with this section is a minor and inconsequential matter. Independence Sav. & Loan Ass'n v. Citizens Fed. Sav. & Loan Ass'n, 265 Ark. 203, 577 S.W.2d 390 (1979).

Fireman's appeal from his termination from the city fire department was dismissed for want of jurisdiction as the civil service commission, in affirming the termination, made no written order nor any findings of fact or conclusions of law as required by § 14-51-308(e)(1)(B)(ii); accordingly, the matter was reversed and remanded so that the trial court could dismiss the appeal without prejudice, allowing the fireman to refile his appeal with the circuit court after the commission entered a written order. Lawrence v. City of Texarkana, 364 Ark. 466, 221 S.W.3d 370 (2006).

Remand of a police officer's application for retirement benefits was required because the administrative board had not made appropriate findings of fact as required by subdivision (b)(2) of this section. While the board's order had the labels “findings of fact” and “conclusions of law,” it was merely a procedural history of the administrative process and contained no information stating the facts upon which the board made its decision. Spriggs v. Ark. Local Police & Fire Retirement Bd., 2010 Ark. App. 197 (2010).

—Sufficiency.

Findings held to be insufficient to meet the requirements of this section. First State Bldg. & Loan Ass'n v. Arkansas Sav. & Loan Bd., 257 Ark. 599, 518 S.W.2d 507 (1975); First Fed. Sav. & Loan Ass'n v. Arkansas Sav. & Loan Ass'n Bd., 257 Ark. 985, 521 S.W.2d 542 (1975).

Findings held to be sufficient. Holifield v. Ark. ABC Bd., 273 Ark. 305, 619 S.W.2d 621 (1981).

Where Pest Control Committee made specific findings of fact and conclusions of law which the Plant Board adopted, the Board had complied with the requirements of this Act. Wright v. Ark. State Plant Bd., 311 Ark. 125, 842 S.W.2d 42 (1992).

The statistics, facts, and conclusions of law recited by the agency and the commission were adequate to facilitate judicial review and to serve the other considerations set out in prior case law. Olsten Health Servs., Inc. v. Arkansas Health Servs. Comm'n, 69 Ark. App. 313, 12 S.W.3d 656 (2000).

Alcoholic Beverage Control Board's findings and conclusions went beyond a mere recitation of evidence and were, thus, adequate to permit the appellate court to undertake a proper review of the board's ruling. Vallaroutto v. ABC Bd., 81 Ark. App. 318, 101 S.W.3d 836 (2003).

Arkansas Board of Architecture's findings that an engineer was acting in the capacity of an architect without the benefit of a license was supported by sufficient facts relevant to the contested issue so that an appellate court could determine whether the board had resolved those issues in conformity with the law. Holloway v. Ark. State Bd. of Architects, 352 Ark. 427, 101 S.W.3d 805 (2003).

Where the Arkansas State Board of Chiropractic Examiners' findings of fact that a physical therapist's treatment of two patients consisted of “popping” their spines included sufficient details of the witnesses's testimony upon which the Board reasonably relied in reaching its decision, those findings were sufficient under subsection (b) of this section. Teston v. Ark. State Bd. of Chiropractic Examiners, 361 Ark. 300, 206 S.W.3d 796, cert. denied, 546 U.S. 960, 126 S. Ct. 480, 163 L. Ed. 2d 363 (2005).

Trial court erred in affirming the Board's order suspending appraiser's license as the Board did not make the necessary findings of fact to support its order that the appraiser had violated certain appraisal standards, as required by subdivision (b)(2) of this section. Chandler v. Arkansas Appraisers Licensing & Certification Bd., 92 Ark. App. 423, 214 S.W.3d 861 (2005).

Case was sent back to the Arkansas State Board of Chiropractic Examiners because the Board's final order imposing a fine on the chiropractors and placing them on probation for committing eight “unprofessional conduct” violations was not specific enough given the many issues in play and the voluminous agency record. Ark. State Bd. of Chiropractic Examiners v. Currie, 2013 Ark. App. 612 (2013).

Case had to be remanded for the State Board of Licensure for Professional Engineers and Professional Surveyors to make specific findings of fact and conclusions of law because the findings and conclusions were insufficient to allow a reviewing court to determine whether several issues were resolved in conformity with the law; the Board made no comment regarding the truth or falsity of a landowner's assertions against a surveyor. Ark. State Bd. of Licensure for Prof'l Eng'rs & Prof'l Surveyors v. Callicott, 2016 Ark. App. 476, 503 S.W.3d 860 (2016).

Where an appraiser was sanctioned by the appraiser board for a deficient appraisal, although the findings did not explain precisely how the appraiser could have remedied the deficiencies in his appraisal, the law does not require this level of specificity; the findings explained the portion of the appraisal that the board deemed deficient, and by reviewing those findings, the court could determine whether the board conformed with the law. Reynolds v. Ark. Appraiser Licensing & Certification Bd., 2019 Ark. App. 587, 591 S.W.3d 837 (2019).

—Waiver.

The requirements of this section as to findings are primarily for the benefit of the reviewing court and cannot be waived by the parties. Arkansas Sav. & Loan Ass’n Board v. Central Arkansas Sav. & Loan Ass’n, 256 Ark. 846, 510 S.W.2d 872, 1974 Ark. LEXIS 1550 (1974); First State Bldg. & Loan Ass'n v. Arkansas Sav. & Loan Bd., 257 Ark. 599, 518 S.W.2d 507 (1975); Gordon v. Cummings, 262 Ark. 737, 561 S.W.2d 285 (1978).

Service.

Service of an order of an administrative agency can be by mail; there is no requirement that such service comply with the law regarding service of summons. Ark. Contractors Licensing Bd. v. F & F Concrete Prods., Inc., 297 Ark. 508, 763 S.W.2d 86 (1989).

Cited: Floyd v. Ark. State Bd. of Pharmacy, 248 Ark. 459, 451 S.W.2d 874 (1970); Sikes v. General Publishing Co., 264 Ark. 1, 568 S.W.2d 33 (1978); Jones v. Reed, 267 Ark. 237, 590 S.W.2d 6 (1979); Fouch v. State, Alcoholic Beverage Control Div., 10 Ark. App. 139, 662 S.W.2d 181, 1983 Ark. App. LEXIS 935 (1983); Brown v. Ark. State Heating, Ventilation, Air Conditioning & Refrigeration Licensing Bd., 336 Ark. 34, 984 S.W.2d 402 (1999).

25-15-211. Administrative adjudication — Licenses — Definition.

  1. When the grant, denial, or renewal of a license is required by law to be preceded by notice and an opportunity for hearing, the provisions of this subchapter concerning cases of adjudication apply.
  2. When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license shall not expire until the application has been finally determined by the agency and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order, or a later date fixed by order of the reviewing court.
  3. No revocation, suspension, annulment, or withdrawal of any license is lawful unless the agency gives notice by mail to the licensee of facts or conduct warranting the intended action and unless the licensee is given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined.
    1. A complaint filed by an offender with a state licensing board or state licensing agency against a licensee of the board or agency shall not be heard by the board or agency unless the complaint is accompanied by appropriately verified documentation showing that the offender has exhausted all administrative remedies under the Division of Correction grievance procedure.
    2. For purposes of this section, “offender” means any person sentenced to the Division of Correction or sentenced to the Division of Correction for judicial transfer to the Division of Community Correction or any person confined in a community correction center as a condition of probation, suspended imposition of sentence, or post prison transfer.

History. Acts 1967, No. 434, § 12; 1985, No. 139, § 2; A.S.A. 1947, § 5-712; Acts 1997, No. 937, § 1; 2019, No. 910, § 1022.

Amendments. The 2019 amendment substituted “Division of Correction” for “Department of Correction” in (d)(1) and twice in (d)(2); and substituted “Division of Community Correction” for “Department of Community Correction” in (d)(2).

Case Notes

Applicability.

The discretionary authority for an adjudicatory or administrative hearing contained in former § 23-32-1203(e) precludes the application of § 25-15-208(a)(3) by virtue of this section. The Administrative Procedure Act does not apply to the activities of the state bank commissioner. First Nat'l Bank v. Arkansas State Bank Comm'r, 301 Ark. 1, 781 S.W.2d 744 (1989).

Advertising Sign Permits.

Decision of state highway commission to cancel permits and cut down outdoor advertising signs could only be carried out after an adjudication requiring a notice and hearing since order deprived the sign owner of his property without due process. Ark. State Hwy. Comm'n v. White Adv. Int'l, 273 Ark. 364, 620 S.W.2d 280 (1981).

License Restrictions.

Medical board had authority to temporarily restrict physician's prescribing practices as a condition to granting continuance of hearing on malpractice charges. Ark. State Medical Bd. v. Leonard, 267 Ark. 61, 590 S.W.2d 849 (1979).

Notice.

Revocation of an insurance license was upheld because hearing notice sent by the Arkansas Insurance Department provided sufficient warnings of the allegations against a title insurance company owner; a detailed description of the precise instances of misconduct was not required. The notice plainly charged the owner with diverting or misappropriating escrow funds, and it reasonably informed the owner of the type of violations that were later cited in the Department's order as a basis for revocation. Dyer v. Ark. Ins. Dep't, 2015 Ark. App. 446, 468 S.W.3d 303 (2015).

Cited: Fowler v. Ark. Real Estate Comm'n, 258 Ark. 292, 524 S.W.2d 230 (1975); Brown v. Ark. State Heating, Ventilation, Air Conditioning & Refrigeration Licensing Bd., 336 Ark. 34, 984 S.W.2d 402 (1999).

25-15-212. Administrative adjudication — Judicial review.

  1. In cases of adjudication, any person, except an inmate under sentence to the custody of the Division of Correction, who considers himself or herself injured in his or her person, business, or property by final agency action shall be entitled to judicial review of the action under this subchapter. Nothing in this section shall be construed to limit other means of review provided by law.
    1. Proceedings for review shall be instituted by filing a petition within thirty (30) days after service upon petitioner of the agency's final decision in:
      1. The circuit court of any county in which the petitioner resides or does business; or
      2. Pulaski County Circuit Court.
    2. Copies of the petition shall be served upon the agency and all other parties of record in accordance with the Arkansas Rules of Civil Procedure.
    3. In its discretion, the court may permit other interested persons to intervene.
  2. The filing of the petition does not automatically stay enforcement of the agency decision, but the agency or reviewing court may do so upon such terms as may be just. However, on review of disciplinary orders issued by professional licensing boards governing professions of the healing arts, the reviewing court, only after notice and hearing, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of review proceedings.
    1. Within thirty (30) days after service of the petition or within such further time as the court may allow but not exceeding an aggregate of ninety (90) days, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review.
    2. The cost of the preparation of the record shall be borne by the agency. However, the cost of the record shall be recovered from the appealing party if the agency is the prevailing party.
    3. By stipulation of all parties to the review proceeding, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs.
    4. The court may require or permit subsequent corrections or additions to the record.
  3. If review proceedings have been instituted in two (2) or more circuit courts with respect to the same order, the agency concerned shall file the record in the court in which a proceeding was first instituted. The other courts in which the proceedings are pending shall thereupon transfer them to the court in which the record has been filed.
  4. If before the date set for hearing, application is made to the court for leave to present additional evidence and the court finds that the evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon any conditions which may be just. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.
  5. The review shall be conducted by the court without a jury and shall be confined to the record, except that in cases of alleged irregularities in procedure before the agency not shown in the record, testimony may be taken before the court. The court shall, upon request, hear oral argument and receive written briefs.
  6. The court may affirm the decision of the agency or remand the case for further proceedings. It may reverse or modify the decision if the substantial rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
    1. In violation of constitutional or statutory provisions;
    2. In excess of the agency's statutory authority;
    3. Made upon unlawful procedure;
    4. Affected by other error or law;
    5. Not supported by substantial evidence of record; or
    6. Arbitrary, capricious, or characterized by abuse of discretion.
  7. Any agency order which is affirmed or affirmed in part by the court shall be a final judgment subject to writ of garnishment or execution to the extent it is affirmed.

History. Acts 1967, No. 434, § 13; 1979, No. 704, § 1; 1985, No. 139, § 3; A.S.A. 1947, § 5-713; Acts 1989, No. 709, § 1; 1999, No. 778, § 1; 2001, No. 1648, § 5; 2019, No. 910, § 1023.

Publisher's Notes. Acts 1989, No. 709, was held unconstitutional in Clinton v. Bonds, 306 Ark. 554, 816 S.W.2d 169 (1991).

Amendments. The 2019 amendment substituted “Division of Correction” for “Department of Correction” in (a).

Research References

Ark. L. Notes.

Looney, Handling Administrative Proceedings Before the Arkansas Pollution Control and Ecology Department and Commission, 1988 Ark. L. Notes 23.

U. Ark. Little Rock L.J.

Derden, Survey of Arkansas Law: Administrative Law, 2 U. Ark. Little Rock L.J. 157.

U. Ark. Little Rock L. Rev.

Annual Survey of Case Law: Practice, Procedure, and Courts, 29 U. Ark. Little Rock L. Rev. 905.

Case Notes

Constitutionality.

Acts 1989, No. 709, which amended subsection (a) of this section, unconstitutionally deprives inmates of review of constitutional questions, because judicial review of all other administrative questions may be granted, or withheld, according to the legislature's discretion. Clinton v. Bonds, 306 Ark. 554, 816 S.W.2d 169 (1991).

In General.

The procedure for judicial review under this subchapter is an exception to the rules of civil procedure. Whitlock v. G.P.W. Nursing Home, Inc., 283 Ark. 158, 672 S.W.2d 48 (1984).

This subchapter provides an alternate appellate procedure and jurisdiction for the judicial review of an adjudication by an agency subject to this subchapter. United States Rooter All Type Plumbing Co. v. Holliman, 50 Ark. App. 125, 900 S.W.2d 580 (1995).

Under this chapter, it is not the role of the circuit courts or the appellate courts to conduct a de novo review of the record, but to review the case to ascertain whether there is substantial evidence to support the agency decision or whether the agency decision runs afoul of one of the other criteria set out in subsection (h). Arkansas Dep't of Human Servs. v. Thompson, 331 Ark. 181, 959 S.W.2d 46 (1998).

Because there had been no adjudication before the administrative agency, there was no final agency action to be reviewed pursuant to this section and the Arkansas Administrative Procedure Act, § 25-15-201 et seq., did not apply. Ark. Dep't of Econ. Dev. v. William J. Clinton Presidential Found., 364 Ark. 40, 216 S.W.3d 119 (2005).

Under the flexible Mathews factors, the procedural avenues afforded by the Sex Offender Registration Act, § 12-12-901 et seq., were constitutionally adequate and provided notice to offenders of the risk assessment process and a meaningful opportunity to be heard; the Registration Act provides for an adversarial judicial review of the Committee's administrative review decision, with the full procedural guarantees set forth in the Arkansas Administrative Procedure Act, and it was unlikely that a right to counsel or to confront witnesses at the initial assessment stage would have appreciably reduced the risk of an erroneous determination. Weems v. Little Rock Police Dep't, 453 F.3d 1010 (8th Cir. 2006), cert. denied, 550 U.S. 917, 127 S. Ct. 2128, 167 L. Ed. 2d 862 (2007).

Applicability.

Judicial review of Arkansas Cemetery Board order was within the scope of a proceeding to review an action covered by this subchapter. Arkansas Cem. Bd. v. Memorial Properties, Inc., 272 Ark. 172, 616 S.W.2d 713 (1981).

It is only in the judicial functions that this subchapter purports to subject agency decisions to appellate review and then only as narrowly prescribed in the subchapter. Arkansas Livestock & Poultry Comm'n v. House, 276 Ark. 326, 634 S.W.2d 388 (1982).

Termination of an agency employee is not a judicial function, but an administrative act which is not subject to judicial review and agency did not subject itself to judicial review by giving employee the right to be heard and proceeding in a quasi-judicial fashion. Arkansas Livestock & Poultry Comm'n v. House, 276 Ark. 326, 634 S.W.2d 388 (1982).

The Arkansas Administrative Procedure Act is not closely analogous to the federal Individuals with Disabilities Education Act and, therefore, the 30 day limitations period contained in subsection (b)(1) does not apply to the latter act. Birmingham v. Omaha Sch. Dist., 220 F.3d 850 (8th Cir. 2000).

In an action challenging a regulation issued by the Game and Fish Commission which prohibited commercial duck hunting guides from operating on three wildlife management areas on Saturdays and Sundays during the duck hunting season and also prohibited waterfowl hunters from hunting while being guided by a commercial duck guide on those same areas on weekends, the plaintiffs were not entitled to a stay as the commission had not sought to enforce the regulation against any of the plaintiffs and, therefore, there was no final agency action to be reviewed. Ark. State Game & Fish Comm'n v. Sledge, 344 Ark. 505, 42 S.W.3d 427 (2001).

Reading the Brine Production Act, § 15-76-301 et seq., with the Administrative Procedures Act, § 25-15-212(g), it appeared that the correct procedure for the circuit court to follow was to limit its review to the record and allow the parties to introduce evidence only for the purpose of showing the Arkansas Oil and Gas Commission's order was invalid or unreasonable; the Brine Production Act does not allow a de novo review of orders issued by the Commission, but permits additional evidence relating to procedural irregularities before the Commission or where there was good reason for failure to present that evidence to the Commission. Great Lakes Chem. Corp. v. Bruner, 368 Ark. 74, 243 S.W.3d 285 (2006).

Arkansas Department of Health and Human Services (DHHS) is an agency under § 25-15-202(2)(A); therefore, a decision from the DHHS to leave a person's name on the Arkansas Child Maltreatment Central Registry was reviewed under the standards in § 25-15-212(h)(1), (4). Vancleave v. Ark. Dep't of Health & Human Servs., 98 Ark. App. 299, 254 S.W.3d 770 (2007).

Although a local utility customer failed to file a notice of appeal to the circuit court as required under Ark. Dist. Ct. R. 9, which applied to an appeal from the municipal utility's decision, but instead filed a complaint alleging that it was seeking judicial review of a final administrative order, the complaint properly described the final administrative decision and specified the date of that decision as required. Mt. Pure, LLC v. Little Rock Wastewater Util., 2011 Ark. 258, 383 S.W.3d 347 (2011).

Additional Evidence.

Where appellant failed to make the required statutory showing that additional evidence which he wanted to present was material and that there were good reasons for his failure to present it to the commission, the circuit court did not err in affirming commission's decision. Woolsey v. Ark. Real Estate Comm'n, 263 Ark. 348, 565 S.W.2d 22 (1978).

The trial court should first view the application for additional evidence to determine if the party was diligent and then determine if the application merely has general or conclusory statements as to the additional evidence. If the trial court finds that additional evidence should be taken, it must then remand the case to the board for it to hear the additional evidence. Marshall v. ABC Bd., 15 Ark. App. 255, 692 S.W.2d 258 (1985).

There was substantial evidence supporting the court's finding that there were good reasons for the failure of the applicant for retail liquor and off-premises beer permit to present evidence as to the public convenience and advantage before the Alcoholic Beverage Control Board, where the director, in denying the application, indicated the deficiencies in the application were only the adequacy of the building and the adequacy of police protection; therefore, the court properly ordered additional evidence to be taken. ABC Bd. v. Hicks, 19 Ark. App. 212, 718 S.W.2d 488 (1986).

Third party contacts made to ABC Board members violated § 25-15-209(a) and, as procedural irregularities, were properly allowed by the trial court as additional testimony describing these contacts and were added to the record pursuant to this section. Arkansas Alcoholic Beverage Control Div. v. Cox, 306 Ark. 82, 811 S.W.2d 305, 1991 Ark. LEXIS 343 (1991).

The court erred in remanding to the Board for additional evidence to be taken concerning issues which had not been raised in the initial administrative hearing. Department of Fin. & Admin. v. Samuhel, 51 Ark. App. 76, 909 S.W.2d 656 (1995).

Where appellant never requested an evidentiary hearing nor made application to the circuit court for such pursuant to subsection (f) for leave to present additional evidence, this issue may not be raised for the first time on appeal. Mid-South Rd. Bldrs., Inc. v. Ark. Contractors Licensing Bd., 328 Ark. 630, 946 S.W.2d 649 (1997).

Adjudication.

Where board heard no testimony, made no findings of fact or conclusions of law, no copy of any decision was served on a party, and no record of proceedings was certified to a circuit court, there was no adjudication within the meaning of this section; rather an administrative decision was made, reviewable only by writ of certiorari in Pulaski County. Sikes v. General Publishing Co., 264 Ark. 1, 568 S.W.2d 33 (1978).

Whether a decision of the Statewide Health Coordinating Council was the result of rule making or adjudication was a question of fact to be determined by the circuit court. Statewide Health Coordinating Council v. Circuit Court, 287 Ark. 84, 696 S.W.2d 729 (1985).

After an appeal of a sex offender adjudication was dismissed on the ground that it could not be concluded that appellant had received notice of the Arkansas Department of Corrections Sex Offender Screening and Risk Assessment Committee's (SOSRA's) final decision, the court denied SOSRA's petition for rehearing because § 12-12-922(b)(6)(A) and (7)(A) required SOSRA to send “findings” to appellant, which proscription was consistent with the requirements of the Arkansas Administrative Procedure Act under subsection (a) of this section. Munson v. Ark. Dep't of Corr. Sex Offender Screening, 369 Ark. 290, 253 S.W.3d 901 (2007).

State employee's appeal from her termination by a state school for the deaf could not be heard due to lack of jurisdiction because there was no judicial review of such termination decisions absent a public policy exception; such decisions were legislative rather than adjudicatory. The school's alleged violation of its non-mandatory reduction policy did not rise to the level of a public policy violation. Tripcony v. Ark. Sch. for the Deaf, 2012 Ark. 188, 403 S.W.3d 559 (2012).

Amended Petition.

There is no prohibition in the Administrative Procedure Act (APA), §§ 25-15-201 to 25-15-217, against the filing of an amended petition; plaintiffs' filing of an amended petition to support its showing of standing to challenge an agency decision, which amended petition was not objected to by the defendants, did not make the petition a nullity under the APA. Ark. Bev. Retailers Ass'n v. Moore, 369 Ark. 498, 256 S.W.3d 488 (2007).

Appeal from Circuit Court.

The rules governing judicial review of administrative decisions are identical for both the circuit and appellate courts, and it is the decision of the agency, rather than that of the circuit court, which the appellate court reviews. City of Hector v. Arkansas Soil & Water Conservation Comm'n, 47 Ark. App. 177, 888 S.W.2d 312 (1994).

In cases arising under this subchapter, the appellate court reverses only if substantial evidence is lacking, an abuse of discretion has occurred, or if the agency has acted in an arbitrary of capacious manner. City of Hector v. Arkansas Soil & Water Conservation Comm'n, 47 Ark. App. 177, 888 S.W.2d 312 (1994).

Because an appraiser's argument that the circuit court erred in determining that she was not permitted to present additional evidence before the agency pursuant to the Arkansas Administrative Procedure Act, subsection (f) of this section was not ruled on by the Arkansas Appraiser Licensing and Certification Board; the supreme court was precluded from considering the argument on appeal; at the circuit court's hearing, the appraiser requested the circuit court to remand the case to present additional evidence pursuant to subsection (f), but she failed to obtain a ruling on the issue. Chandler v. Ark. Appraiser Licensing & Certification Bd., 2011 Ark. 519 (2011).

Attorney's Fees.

An award of attorney's fees is not provided for by this section; only the cost of the preparation of the record may be borne by the agency. Ark. Dep't of Human Servs. v. Kistler, 320 Ark. 501, 898 S.W.2d 32 (1995).

Costs.

Where state agency, as appellee, paid for a transcript of the record and was the prevailing party, the circuit court did not err in ordering appellant to reimburse the agency. Hankins v. Department of Fin. & Admin., 330 Ark. 492, 954 S.W.2d 259 (1997).

Election of Remedies.

This section did not preclude review of insurance commissioner's order under review provision of insurance code. Travelers Indem. Co. v. Monroe, 257 Ark. 1029, 522 S.W.2d 431 (1975).

Where appellant asserted that the appeal should be tried de novo pursuant to alcoholic beverage control law and made no request in the circuit court that the appeal be treated as taken under this subchapter, he was bound by his decision to follow one procedure for appeal rather than the other. Byrd v. Jones, 263 Ark. 406, 565 S.W.2d 131 (1978). See also Green v. Carder, 276 Ark. 591, 637 S.W.2d 594 (1982).

Where plaintiffs were forced to choose whether to proceed under this section or de novo review provision of alcoholic beverage control laws and the de novo review statute they elected to pursue their remedy under was subsequently declared unconstitutional, the plaintiffs would be treated as if they had only made a mistake and not an irrevocable election of remedies and would be allowed to proceed under this section. Green v. Carder, 276 Ark. 591, 637 S.W.2d 594 (1982).

Illustrative Cases.

State racing commission's order that greyhound racing purse be redistributed to owner of second place finisher after the winning greyhound's urine tested positive for an anti-inflammatory drug in violation of state racing rules was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion as the state racing commission merely applied the undisputed fact that the drug was administered to the to the dog to the state's racing rules prohibiting such conduct. Arkansas State Racing Comm'n v. Wayne Ward, Inc., 346 Ark. 371, 57 S.W.3d 198 (2001).

Circuit court was without jurisdiction to enjoin a licensing board from having a hearing, where the bail bond company did not receive notice until day before the hearing and sought a continuance, because the bail bond company failed to exhaust its administrative remedies. Ark. Prof'l Bail Bondsman Licensing Bd. v. Frawley, 350 Ark. 444, 350 Ark. 444, 88 S.W.3d 418 (2002).

Because the Arkansas Soil and Water Conservation Commission acted within its statutory authority under § 15-22-503(e) in approving a water project submitted by a municipality that included a portion of a neighboring city's five-mile extraterritorial planning area, which was not preempted under § 14-56-413 by the neighboring municipality's planning authority in the five-mile area surrounding its city limits, and because the Commission's decision was supported by substantial evidence, the appellate court affirmed the Commission's order approving the municipality's water development project, as amended, for water plan compliance certification. Ark. Soil & Water Conservation Comm'n v. City of Bentonville, 351 Ark. 289, 92 S.W.3d 47 (2002).

Evidence supported the Arkansas State Board of Chiropractic Examiners' finding that physical therapist's treatments, which caused his patients' spines to “pop,” were “spinal manipulations” as defined in § 17-81-102(7) and could only be performed by licensed chiropractors. Teston v. Ark. State Bd. of Chiropractic Examiners, 361 Ark. 300, 206 S.W.3d 796, cert. denied, 546 U.S. 960, 126 S. Ct. 480, 163 L. Ed. 2d 363 (2005).

Reduction of sex offender's risk assessment was appropriate as his Level 3 classification was not supported by substantial evidence; the Arkansas Department of Correction Sex Offender Screening and Risk Assessment failed to cite any incident where defendant's answers differed from documents assembled for the interview. Ark. Dep't of Corr. Sex Offender Screening & Risk Assessment v. Claybaugh, 93 Ark. App. 11, 216 S.W.3d 134 (2005).

There was sufficient evidence in the record to show that funeral director failed to make reasonable attempts to fulfill the needs and desires of decedent's survivors and that the funeral director entered decedent's house without permission and removed her property; thus, the decision by the Arkansas Board of Embalmers and Funeral Directors to suspend funeral director's license for two years was affirmed. Ark. Bd. of Embalmers Funeral Dirs. v. Reddick, 366 Ark. 89, 233 S.W.3d 639 (2006).

Where evidence showed that a physician treated patients for low back pain and he advertised his operation as a pain management clinic, the Arkansas State Medical Board's decision that Ark. State Medical Board Regulation 19 applied to the physician was upheld. Kale v. Ark. State Med. Bd., 367 Ark. 151, 238 S.W.3d 89 (2006).

There was substantial evidence supporting the administrative law judge's finding that the foster mother caused a nonaccidental physical injury to the child, and therefore the circuit court erred by removing the mother's name from the child maltreatment registry because: (1) the child had bruising on the back of her thighs from the back of her knees to the bottom of her buttocks; (2) there were at least eight to ten bruises, which were evidence by several straight lines, some of which were near the child's vaginal area; (3) there was testimony that the bruises were at least 24 hours old; (4) two of the other children being fostered by the mother told an investigator that she used a switch when administering punishment; and (5) the mother herself stated during the investigation that she had used a switch to swat the child. None of the exceptions to a finding of abuse under § 12-12-503(2)(C) were present. Dep't of Health & Human Servs. v. R.C, 368 Ark. 660, 249 S.W.3d 797 (2007), cert. denied, R. C. v. Ark. HHS, 128 S. Ct. 359, 169 L. Ed. 2d 58 (2007).

Arkansas State Board of Collection Agencies' decision that it was unable to pursue money from a surety bond was arbitrary, capricious, and an abuse of discretion because a consent judgment entered in favor of a customer determined that a corporation licensed under § 23-52-107 had charged usurious rates of interest with regards to a deferred presentment agreement, in violation of Arkansas State Board of Collection Agencies Regulation XXI and Ark. Const., Art. 19, § 13(a). Staton v. Ark. State Bd. of Collection Agencies, 372 Ark. 387, 277 S.W.3d 190 (2008).

Approval of a private-club permit was proper because a club established that it had a nonprofit purpose other than the consumption of alcohol under § 3-9-202(12)(A)(i) where it operated in conjunction with a restaurant and was designed to enhance the dining experience. Moreover, the Arkansas Alcoholic Beverage Control Division Board's interpretation of § 3-9-202(12)(A)(i) was entitled to deference, and arguments relating to nonprofit status that were not fully developed before the Board were not preserved for appellate review. Barnes v. Ark. Dep't of Fin. & Admin., 2012 Ark. App. 237, 419 S.W.3d 20 (2012).

When the Arkansas State Medical Board received verification that the Alaska proceedings resulted in a finding that the doctor had violated Alaska law, the Arkansas board then revoked his medical license under § 17-95-409, and the appellate court could not say that the Arkansas board's decision was arbitrary or capricious under subsection (h) of this section. Ahmad v. Ark. State Med. Bd., 2018 Ark. App. 111, 542 S.W.3d 224 (2018).

As Alaska pharmacists had reported high volumes of the doctor's patients with prescriptions for high-dosage opioids and controlled substances without visible symptoms and the doctor's exam findings did not support the specific diagnoses listed in patient records, the Arkansas Board's decision to revoke the doctor's Arkansas license under § 17-95-409 was not unduly harsh for purposes of subsection (h) of this section. Ahmad v. Ark. State Med. Bd., 2018 Ark. App. 111, 542 S.W.3d 224 (2018).

Substantial evidence supported the Department of Human Services' decision to place appellant on the Child Maltreatment Central Registry where the testimony and other evidence showed that he was the minor victim's sexual partner, and appellant was essentially asking the appellate court to reweigh the evidence and give one witness's testimony more weight and credibility. Shaw v. Ark. Dep't of Human Servs., 2018 Ark. App. 322, 550 S.W.3d 925 (2018).

Injured Persons.

This section affords to “any person who considers himself injured in his person, business or property, by final agency action” judicial review of such action whether such person was a party to the administrative proceeding or not. Estes v. Walters, 269 Ark. 891, 601 S.W.2d 252 (Ct. App. 1980).

Appeal from agency decision dismissed where appellant failed to allege that he had sustained or was immediately in danger of sustaining injury either in his “person, business or property” as a consequence of the decision since only a claimant who has a personal stake in the outcome of a controversy has standing to invoke the jurisdiction of the circuit court in order to seek remedial relief; his injury must be concrete, specific, real and immediate rather than conjectural or hypothetical. Estes v. Walters, 269 Ark. 891, 601 S.W.2d 252 (Ct. App. 1980).

Inmates.

Inmate's petition failed to sustain a claim under this section to support a judicial review of the Arkansas Department of Corrections' decision because it did not set forth facts to show deprivation of a liberty interest under the Due Process Clause; the inmate alleged only a breach of contractual terms and that the DOC rules interfered with his right to correspond or otherwise communicate with persons not in prison. Renfro v. Smith, 2013 Ark. 40 (2013).

Because the circuit court summarily denied an inmate's petition to proceed in forma pauperis, a record of the entire proceedings was not lodged in the circuit court pursuant to subsection (d) of this section; the inmate stated a colorable claim that had to be evaluated in light of the entire record, and he was, therefore, entitled to proceed in forma pauperis. Ruiz v. Felts, 2017 Ark. 85, 512 S.W.3d 626 (2017).

Judicial review of administrative complaints is generally unavailable to inmates unless a constitutional violation is sufficiently alleged. When an inmate challenges a disciplinary proceeding and prison officials' implementation of Department of Correction policy, the petition must allege a constitutional question sufficient to raise a liberty interest. Muntaqim v. Kelley, 2019 Ark. 240, 581 S.W.3d 496 (2019).

Circuit court did not err in denying an inmate's petition to proceed in forma pauperis on his claims that prison officials initiated and conducted a disciplinary proceeding against him in violation of his constitutional rights because the Department of Correction officials did not violate his right to due process as there was no liberty interest protecting against a 20-day assignment to punitive isolation; and the inmate's claim that disciplinary charges were brought against him in retaliation for his exercising his right to seek redress of grievances failed to support his petition because the disciplinary charges were supported by “some evidence” that the inmate had threatened and acted insolently toward prison officials. Muntaqim v. Kelley, 2019 Ark. 240, 581 S.W.3d 496 (2019).

Judicial-Discipline Matters.

The Arkansas Administrative Procedure Act (§ 25-15-201 et seq.) is inapplicable to judicial-discipline matters under subdivision (h)(4) of this section. Ark. Judicial Discipline and Disability Comm'n v. Proctor, 2010 Ark. 38, 360 S.W.3d 61, cert. denied, isability Comm'n, 561 U.S. 1027, 130 S. Ct. 3516, 177 L. Ed. 2d 1093 (2010)(mem.).

Jurisdiction.

There was no final agency action necessary for purposes of judicial review under this section because a doctor voluntarily surrendered the doctor's medical license before the board could render a decision on the doctor's requests for a closed hearing and voluntary restriction of the doctor's license; the circuit court correctly found that it lacked jurisdiction. Baber v. Ark. State Med. Bd., 2010 Ark. 243, 368 S.W.3d 897 (2010).

“Court of competent jurisdiction” is circuit court; chancery court did not have jurisdiction to entertain suit. Arkansas State Bd. of Educ. v. Purifoy, 292 Ark. 526, 731 S.W.2d 209, 1987 Ark. LEXIS 2179 (1987), superseded by statute as stated in, Walker v. Ark. State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899 (2010).

The judicial review provisions of this subchapter are not applicable to the discharge of an employee; the discharge of an employee is not an adjudication but administrative decision and the circuit court is without jurisdiction to review such actions. Viswanathan v. Mississippi County Cmty Coll. Bd. of Trs., 318 Ark. 810, 887 S.W.2d 531 (1994), cert. denied, 516 U.S. 815 (1995).

A court retains jurisdiction over a proceeding after it remands the proceeding to an agency pursuant to subsection (f) of this section and, therefore, can issue subpoenas after such a remand. Oliver v. Pulaski County Court, 340 Ark. 681, 13 S.W.3d 156 (2000).

The administrative remedy available to the State Medical Board before the State Board of Dental Examiners on its claim that a dentist, with the aid of the State Board of Dental Examiners, engaged in the unlawful practice of medicine was inadequate and, therefore, the chancery court had jurisdiction over the matter. Ark. State Med. Bd. v. Schoen, 338 Ark. 762, 1 S.W.3d 430 (1999).

There can be no judicial review pursuant to subdivision (h)(3) of this section when the circuit court enjoins an agency from conducting a hearing, thereby preventing the agency from making a decision regarding a person's request for a continuance. Ark. Prof'l Bail Bondsman Licensing Bd. v. Frawley, 350 Ark. 444, 350 Ark. 444, 88 S.W.3d 418 (2002).

Reviewing court lacked jurisdiction to consider the supplier's appeal, because the circuit court lacked subject-matter jurisdiction over the matter, when the decision of the Office of State Procurement did not emanate from a hearing and the Office did not issue an order containing any findings of fact; administratively, the Office merely determined that the supplier's protest could not be heard, therefore, the decision did not come within the purview of the Arkansas Administrative Procedure Act, and thus the circuit court lacked jurisdiction to review it. Fatpipe, Inc. v. State, 2012 Ark. 248, 410 S.W.3d 574 (2012).

Circuit court had no subject-matter jurisdiction to review the licensing decision of the Medical Marijuana Commission (MMC) concerning cultivation facilities because (1) under this section, no “adjudication” as defined by statute occurred at the agency level and the MMC's decision was not quasi-judicial, and (2) under § 25-15-207, the court only had jurisdiction to resolve a rule's validity or applicability, but the invalidity of a MMC rule was not pled, the “applicability” of a rule was not contested, and no declaration of whether a rule should have been applied was sought; instead, the complaints sought a declaration that the “application” of the MMC rules was improper, unfair, and arbitrary. Ark. Dep't of Fin. & Admin. v. Naturalis Health, LLC, 2018 Ark. 224, 549 S.W.3d 901 (2018).

Supreme Court of Akansas did not address whether Rule 19 of the Medical Marijuana Commission conveyed subject-matter jurisdiction to the circuit court; although that rule provided that a denial of a cultivation license may be appealed to the circuit court, the issue was not ripe because the appellees had not been issued denial letters subsequent to an adjudication. Ark. Dep't of Fin. & Admin. v. Naturalis Health, LLC, 2018 Ark. 224, 549 S.W.3d 901 (2018).

Modification.

Revocation of license held to be unduly harsh and penalty modified to suspension for one year. Ark. State Bd. of Pharmacy v. Patrick, 243 Ark. 967, 423 S.W.2d 265 (1968).

The trial court has the authority to modify a penalty assessed under this subchapter if it is found that such penalty is unduly harsh and unreasonable under all the facts. Arkansas State Bd. of Pharmacy v. Isely, 13 Ark. App. 111, 680 S.W.2d 718 (1984).

Under subsection (h), the trial court has the discretion to decide whether or not to modify an agency decision. Brown v. Department of Human Servs., 330 Ark. 764, 956 S.W.2d 866 (1997).

Procedural Irregularities.

Alleged procedural irregularities in administration of market conduct examination, results of which formed basis of State Insurance Commissioner's finding, were not matters of record before the commissioner; therefore, the court could take evidence about these matters as they went towards alleged irregularities in procedure not in the record and could support a showing of discriminatory treatment of insurer. Garner v. Foundation Life Ins. Co., 17 Ark. App. 13, 702 S.W.2d 417 (1986).

State Police Commission's failure to adhere to its own requirements that the results of police officer's drug test results be confirmed by a medical review officer deprived police officer of the fundamental rights the commission's procedures were designed to protect, and commission's decision to terminate officer was reversed. Stueart v. Arkansas State Police Comm'n, 329 Ark. 46, 945 S.W.2d 377 (1997).

Trial court erred in dismissing as untimely appellant's petition for judicial review of an assessment declaring appellant to be a sex offender where the record did not contain any evidence that letters from the Arkansas Department of Correction Sex Offender Screening and Risk Assessment Committee were sent to appellant by certified mail, as required by § 12-12-922(b)(7)(A)(i). Without proof that the letters were properly sent, it could not be said that either letter constituted a final decision under § 25-15-212(b). Munson v. Arkansas Dep't of Corr. Sex Offender Screening & Risk Assess., — Ark. —, — S.W.3d —, 2007 Ark. LEXIS 226 (Mar. 22, 2007).

Issuance of a commercial disposal well permit was made upon unlawful procedure and was thus subject to reversal under subdivision (h)(3) of this section because the Arkansas Oil and Gas Commission failed to comply with its own rules pursuant to § 15-71-111(a)(3) when it did not require timely proof of financial assurance under Ark. Oil & Gas Comm'n Rule H-1. Capstone Oilfield Disposal of Ark., Inc. v. Pope County, 2012 Ark. App. 231, 408 S.W.3d 65 (2012).

Record.

The results of a polygraph examination would not be the type of evidence commonly relied upon by reasonably prudent men in the conduct of their affairs, thus there was no error in excluding the results from the record of a hearing. Baxter v. Ark. State Bd. of Dental Exmrs., 269 Ark. 67, 598 S.W.2d 412 (1980).

An administrative agency was not required to file an answer to a complaint which was in the nature of a petition for review of a final decision of the agency; the agency met the requirement of subsection (d) by filing the original or a certified copy of the record of the proceeding under review. Whitlock v. G.P.W. Nursing Home, Inc., 283 Ark. 158, 672 S.W.2d 48 (1984).

Where the parties agreed not to submit medical records as part of the administrative record in a case involving the operation of a pain management program by a physician, it was improper to charge the physician for copying costs. Kale v. Ark. State Med. Bd., 367 Ark. 151, 238 S.W.3d 89 (2006).

Declining to award a former certified nursing assistant a default judgment against the Department of Human Services (DHS) based on its failure to timely file the record on appeal was not error as default judgment was not an appropriate remedy for an appeal from an administrative proceeding. Additionally, DHS had received an extension of time to file the record, and the record was filed within 90 days as required by subdivision (d)(1) of this section. Snyder v. Ark. Dep't of Human Servs., 2018 Ark. App. 473, 559 S.W.3d 771 (2018).

Where the administrative record was not filed in the circuit court due to an “inadvertent oversight”, the administrative record could not be filed directly with the appellate court, bypassing the circuit court, because the “reviewing court” in subdivision (d)(1) of this section was the lower court and not the appellate court. Furthermore, it had been more than 90 days from the service of the petition. Webb v. Sex Offender Assessment Comm., 2020 Ark. App. 30 (2020) (per curiam).

Remand.

Although the Arkansas Transportation Commission is excluded from the provisions of this subchapter, where a judge relied on this subchapter in issuing remand order, his action would not be reversed where the order could be supported on other grounds. Bridges v. Arkansas Motor Coaches, Ltd., 256 Ark. 1054, 511 S.W.2d 651 (1974).

Where record of proceeding was totally inadequate for review, the case was remanded to commission for adjudication in accordance with this subchapter. Arkansas State Hwy. Comm'n v. National Adv. Co., 273 Ark. 433, 619 S.W.2d 678 (1981).

Case was sent back to the Arkansas State Board of Chiropractic Examiners because the Board's final order imposing a fine on the chiropractors and placing them on probation for committing eight “unprofessional conduct” violations was not specific enough given the many issues in play and the voluminous agency record. Ark. State Bd. of Chiropractic Examiners v. Currie, 2013 Ark. App. 612 (2013).

Case had to be remanded for the State Board of Licensure for Professional Engineers and Professional Surveyors to make specific findings of fact and conclusions of law because the findings and conclusions were insufficient to allow a reviewing court to determine whether several issues were resolved in conformity with the law; the Board made no comment regarding the truth or falsity of a landowner's assertions against a surveyor. Ark. State Bd. of Licensure for Prof'l Eng'rs & Prof'l Surveyors v. Callicott, 2016 Ark. App. 476, 503 S.W.3d 860 (2016).

Request for Argument or Briefs.

Circuit court did not err in not inviting oral argument or written briefs, where no request for oral argument or for submission of briefs was made and where no objection was made after entry of circuit court order affirming board's action. Bank of Glenwood v. Arkansas State Banking Bd., 260 Ark. 677, 543 S.W.2d 761 (1976).

Scope of Review.

Under this section, the courts are given the same type of review that is applied by the federal courts to the federal Administrative Procedure Act. Arkansas Sav. & Loan Ass'n Bd. v. Central Ark. Sav. & Loan Ass'n, 260 Ark. 58, 538 S.W.2d 505 (1976).

In view of the fact that administrative decisions are not reviewed de novo, the agency, and not the reviewing court, is in a position to observe witnesses and consider their demeanor and conduct so that the credibility of witnesses and the proper weight to be accorded evidence adduced is a prerogative of the agency, not the reviewing court. White County Guar. Sav. & Loan Ass'n v. F & M Bank, 262 Ark. 893, 562 S.W.2d 582 (1978).

Upon review of the actions of an administrative board or agency, the circuit court's review of the evidence is limited to a determination of whether there was substantial evidence to support the action taken, and upon appeal, the Supreme Court's review of the evidence is similarly limited. Ark. Real Estate Comm'n v. Harrison, 266 Ark. 339, 585 S.W.2d 34 (1979); Arkansas Real Estate Comm'n v. Hale, 12 Ark. App. 229, 674 S.W.2d 507 (1984).

Supreme Court must affirm the decision of an administrative agency if there is substantial evidence of record to support it. Partlow v. Arkansas State Police Comm'n, 271 Ark. 351, 609 S.W.2d 23 (1980).

When reviewing administrative decisions, the Supreme Court reviews the entire record to determine whether there is any substantial evidence to support the administrative agency's decision, or whether there was arbitrary and capricious action, or whether it was characterized by abuse of discretion. Ark. ABC Bd. v. King, 275 Ark. 308, 629 S.W.2d 288 (1982).

Review of agency action under the arbitrary and capricious standard is a narrow scope of review. Ark. State Bd. of Nursing v. Long, 8 Ark. App. 288, 651 S.W.2d 109 (1983).

Upon judicial review of administrative decisions, the court must review the entire record and determine whether there is substantial evidence to support the administrative findings. Ark. State Bd. of Nursing v. Long, 8 Ark. App. 288, 651 S.W.2d 109 (1983); Wright v. Ark. State Plant Bd., 311 Ark. 125, 842 S.W.2d 42 (1992).

The rules governing judicial review of administrative decisions are the same for both the circuit and appellate courts and this review is limited in scope; administrative decisions will be upheld if supported by substantial evidence and not arbitrary, capricious, or characterized by an abuse of discretion. Fouch v. State, Alcoholic Beverage Control Div., 10 Ark. App. 139, 662 S.W.2d 181, 1983 Ark. App. LEXIS 935 (1983).

The reviewing court may not displace the board's choice between two fairly conflicting views even though the court might have made a different choice had the matter been before it de novo; the reviewing court may not set aside a board's decision unless it cannot conscientiously find from a review of the entire record that the evidence supporting the decision is substantial. Fouch v. State, Alcoholic Beverage Control Div., 10 Ark. App. 139, 662 S.W.2d 181, 1983 Ark. App. LEXIS 935 (1983).

When reviewing administrative decisions, the court reviews the entire record to determine whether there is any substantial evidence to support the agency's decision, or whether there was arbitrary and capricious action, or action characterized by abuse of discretion. Green v. Carder, 282 Ark. 239, 667 S.W.2d 660 (1984).

The court will not substitute its judgment for that of an administrative agency, absent an abuse of discretion by that agency. Green v. Carder, 282 Ark. 239, 667 S.W.2d 660 (1984).

The Alcoholic Beverage Control Board had the statutory authority to make findings of fact and conclusions of law based on the evidence presented, and the circuit court acted without authority in making its own findings of fact and conclusions of law in the absence of a decision by the board. ABC Bd. v. Hicks, 19 Ark. App. 212, 718 S.W.2d 488 (1986).

The trial court may reverse or modify a board's decision if it is not supported by substantial evidence or is arbitrary, capricious, or characterized by abuse of discretion, and the Supreme Court's review is similarly limited. Ark. ABC Bd. v. Muncrief, 308 Ark. 373, 825 S.W.2d 816 (1992).

Administrative agencies are better equipped than courts, by specialization, insight through experience, and more flexible procedures, to determine and analyze underlying legal issues affecting their agencies, and this recognition accounts for the limited scope of judicial review of administrative action, and the refusal of a trial court to substitute its judgment and discretion for that of an administrative agency. Wright v. Ark. State Plant Bd., 311 Ark. 125, 842 S.W.2d 42 (1992).

Where the trial court took three of the factors under subsection (h) into consideration: whether supported by substantial evidence, whether made upon unlawful procedure, and whether there existed arbitrary and capricious procedure, this was more than sufficient to satisfy this subchapter. Wright v. Ark. State Plant Bd., 311 Ark. 125, 842 S.W.2d 42 (1992).

Appellate court review is not directed toward the circuit court but toward the decision of the agency; the administrative agency's decision will be upheld if it is supported by substantial evidence. Arkansas State Hwy. & Transp. Dep't v. Kidder, 326 Ark. 595, 933 S.W.2d 794 (1996).

An appellate court may reverse or modify an agency decision if the substantial rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions, or decisions are, inter alia, not supported by substantial evidence of record or are arbitrary, capricious, or characterized by an abuse of discretion. Olsten Health Servs., Inc. v. Arkansas Health Servs. Comm'n, 69 Ark. App. 313, 12 S.W.3d 656 (2000).

Substantial evidence supported the decision rendered by The Arkansas Department of Human Services which gradually cut the assigned number of hours of private-duty nursing care which was medically necessary for a patient's care, based on the last documented prescription the Department received. In re Brandenburg, 83 Ark. App. 298, 126 S.W.3d 732 (2003).

Decision by the Department of Human Services are governed by the Administrative Procedure Act; thus, the appellate court reviewed the decision of an agency who held that a school principal had abused a child when paddling him for discipline, rather than the trial court decision, to see if it was supported by substantial evidence. Ark. Dep't of Human Servs. v. Holman, 96 Ark. App. 243, 240 S.W.3d 618 (2006).

In conducting review, pursuant to this section, of a decision of the Arkansas State Medical Board, which revoked a physician's license based on a finding that he violated Regulation 2.7 by becoming sexually involved with a patient, the court found substantial evidence to uphold the decision because the evidence showed that the physician became romantically involved with a patient and subsequently ordered prescription medication for her; however, revocation of the physician's license to practice under § 17-95-409 was arbitrary and capricious based on the physician's unblemished professional record and based on the fact that he did not try to willfully violate the Regulations. Thus, the revocation was modified to a one-year suspension. Collie v. Ark. State Med. Bd., 370 Ark. 180, 258 S.W.3d 367 (2007).

Section 23-48-603 did not allow the Arkansas Bank Commissioner to award interest to dissenting shareholders for the period between the date the surviving bank tendered an offer of the fair value of the shares, until the final determination of the value of the shares after the appraisal process, because the Arkansas General Assembly did not grant the Commissioner the authority to award either prejudgment or postjudgment interest under § 23-48-603. Brookshire v. Adcock, 2009 Ark. 207, 307 S.W.3d 22 (2009).

Appellate court could not reverse a decision of the Arkansas Department of Human Services interpreting its Medicaid reimbursement rules because the agency's interpretation was neither too narrow nor clearly wrong and its denial of a health services company's request for reimbursement was supported by substantial evidence. Northport Health Servs. of Ark. v. Ark. Dep't of Human Servs., 2009 Ark. 619, 363 S.W.3d 308 (2009).

There was no error in suspending the licensee's funeral director license for one year and imposing a $1,500 fine, because the evidence was sufficient to support the determination by the Board of Embalmers and Funeral Directors that the licensee violated § 20-18-303, when the Division of Vital Records repeatedly and fruitlessly contacted the licensee to obtain the demanded information and death certificate, and despite an offer by the Division to help facilitate the filing, the Division was required to take the extraordinary step of issuing the death certificate under its own authority. Collins v. Ark. Bd. of Embalmers & Funeral Dirs., 2009 Ark. App. 498, 324 S.W.3d 716 (2009).

In an appeal by parents under this section of the Arkansas State Board of Education's decision to close a K-12 school campus under § 6-20-602(a), the state's duty to provide an adequate education, its obligation to render a definition of excessive transportation time, and its obligation to adequately fund the transportation needs of school districts were not issues before the court where the state was not a party to the action. Walker v. Ark. State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899 (2010).

Arkansas Veterinary Medical Examining Board's findings that a veterinarian violated § 17-101-305(a)(5) and Board Regulations 19F, 19L, and 19O, were not supported by substantial evidence because these provisions required expert evidence of the standard of care, and no such evidence was presented. Zepecki v. Ark. Veterinary Med. Examining Bd., 2010 Ark. App. 187, 375 S.W.3d 41 (2010).

Decision by the Appraiser Licensing and Certification Board that a real estate appraiser had violated several standards of appraisal practice was properly overturned because the Board's findings of fact did not correlate with its conclusions of law relating to the professional standards that it found that the appraiser had violated. Since the Board's conclusions of law were without adequate corresponding factual support, they lacked substantial evidence and were arbitrary and capricious. Ark. Appraiser Licensing v. Quast, 2010 Ark. App. 511 (2010).

Because the Capitol Zoning District Commission's decision denying a property owner's application to install a 48-inch-high fence was supported by substantial evidence, it was not arbitrary and capricious. Capitol Zoning Dist. Comm'n v. Cowan, 2012 Ark. App. 619, 429 S.W.3d 267 (2012).

There was substantial evidence to support the Capitol Zoning District Commission's decision denying a property owner's application to install a 48-inch-high fence. The owner's property was one of the most historic residences in all of Arkansas, and surrounding properties traditionally had fences at or under 40 inches in height. Capitol Zoning Dist. Comm'n v. Cowan, 2012 Ark. App. 619, 429 S.W.3d 267 (2012).

There was substantial evidence to support the finding that the prior felony conviction should not be waived to allow the applicant to offer counseling, because the Arkansas Board of Examiners in Counseling found that the applicant's testimony that there would be no future aberrations in his behavior was not credible. Beavers v. Ark. Bd. of Examiners in Counseling, 2013 Ark. App. 222, 427 S.W.3d 130 (2013).

Administrative law judge (ALJ) said the mother was carelessly swinging a belt at the child and knowingly struck him, but the two adverbs of “carelessly” and “knowingly” were diametrically opposed and invalidated the reasoning behind her conclusion that the mother abused her child, and the facts did not rise to the level of substantial evidence to support the ALJ's decision; the mother accidentally hit the child in the face as he was moving, which did not rise to the level of knowingly or intentionally as required by statute. Ark. Dep't of Human Servs., Div. of Children & Family Servs. v. Nelson, 2015 Ark. App. 98, 455 S.W.3d 859 (2015).

There was substantial evidence to support the revocation of the license of a title insurance company owner because there was a longtime pattern of poor record-keeping, poor management, and questionable business practices that enabled the owner's employee to commit fraud; and the owner disregarded the sanctity of escrow accounts and failed to place correct information on title policies regarding his license, business name, and the required statutory notices. Moreover, the sanction was not too harsh because revocation was an available sanction for the violations that occurred. Dyer v. Ark. Ins. Dep't, 2015 Ark. App. 446, 468 S.W.3d 303 (2015).

Substantial evidence supported the decision of the Department of Human Services that a teacher had committed sexual abuse of a minor student and ordering that the teacher's name be placed in the Child Maltreatment Central Registry, even though the criminal charges had been dropped; the ALJ had clearly considered the teacher's defenses and rejected them, the appellate court does not act as a super factfinder, and the teacher could not complain that he was denied an opportunity to cross-examine the student when he failed to subpoena her. J.C. v. Ark. Dep't of Human Servs., 2019 Ark. App. 131, 572 S.W.3d 878 (2019).

—Arbitrary, Capricious, Etc.

Administrative action may be regarded as arbitrary and capricious only where it is not supportable on any rational basis. Partlow v. Arkansas State Police Comm'n, 271 Ark. 351, 609 S.W.2d 23 (1980).

To set aside administrative action as arbitrary and capricious, it must be proven that it was willful and unreasoning action, without consideration and with a disregard of the facts or circumstances of the case. Partlow v. Arkansas State Police Comm'n, 271 Ark. 351, 609 S.W.2d 23 (1980); Ark. State Bd. of Nursing v. Long, 8 Ark. App. 288, 651 S.W.2d 109 (1983); Garner v. Foundation Life Ins. Co., 17 Ark. App. 13, 702 S.W.2d 417 (1986).

The requirement that administrative action not be arbitrary or capricious is less demanding than the requirement that it be supported by substantial evidence; in order for the action to be invalid as arbitrary, the action must lack rational basis or hinge on a finding of fact based on an erroneous view of the law, and the action is not arbitrary simply because the reviewing court would act differently. Woodyard v. Arkansas Diversified Ins. Co., 268 Ark. 94, 594 S.W.2d 13 (1980); In re Sugarloaf Mining Co., 310 Ark. 772, 840 S.W.2d 172 (1992).

Agency action held not arbitrary, capricious, or characterized by an abuse of discretion. Partlow v. Arkansas State Police Comm'n, 271 Ark. 351, 609 S.W.2d 23 (1980); Huth v. Division of Social Servs. of Dep't of Human Servs., 287 Ark. 294, 698 S.W.2d 789 (1985); Garner v. Foundation Life Ins. Co., 17 Ark. App. 13, 702 S.W.2d 417 (1986).

Agency action held to be arbitrary, capricious, or an abuse of discretion. Division of Social Servs. v. Oak Hills Corp., 287 Ark. 32, 695 S.W.2d 836 (1985); Wright v. Ark. State Plant Bd., 311 Ark. 125, 842 S.W.2d 42 (1992).

Even though the director for the Arkansas Tobacco Control Board sent the tobacco company an offer of settlement “recommending” a $500 fine for the tobacco company which gave unlawful rebates to retailers, and the company accepted the offer, the defense of agency estoppel was not preserved, and because the evidence established that the company had paid rebates to at least 28 Arkansas retail establishments, it was not arbitrary or capricious for the Board to reject the “recommendation” and impose a $28,000 fine and suspension of the company's permit for six months. H.T. Hackney Co. v. Davis, 353 Ark. 797, 120 S.W.3d 79 (2003).

Trial court determined that the administrative law judge acted arbitrarily in determining that the husband's annuity was purchased to assist the institutionalized spouse in qualifying for Medicaid benefits; however, the appellate court reversed and remanded for further findings as the Arkansas Department of Human Services did not properly complete the eligibility worksheet to determine eligibility. Ark. Dep't of Human Servs. v. Schroder, 353 Ark. 885, 122 S.W.3d 10 (2003).

Administrative law judge's finding that a stepfather, who acted at the direction of and in concert with the natural mother in disciplining their children with respect to a specific incident, was not entitled to the protection of the reasonable and moderate discipline exception under § 12-12-503(2)(C)(i), was arbitrary, capricious, and an abuse of discretion. Dep't of Human Servs. v. Parker, 88 Ark. App. 222, 197 S.W.3d 33, 2004 Ark. App. LEXIS 769 (2004).

Board of Embalmers and Funeral Directors' denial of the request for licensure reinstatement of appellants, a funeral director and her funeral establishment was not arbitrary and capricious because the record demonstrated that appellants engaged in a systematic course of committing violations, resulting in suspensions, probation, and ultimately revocation of their funeral-director and funeral-establishment licenses and that even after their licenses were revoked, appellants continued to conduct funerals in violation of the statutes. Collins v. Ark. Bd. of Embalmers & Funeral Dirs., 2013 Ark. App. 678, 430 S.W.3d 213 (2013).

If an agency's action is supported by substantial evidence, then it follows automatically that the decision cannot be characterized as arbitrary and capricious. Reynolds v. Ark. Appraiser Licensing & Certification Bd., 2019 Ark. App. 587, 591 S.W.3d 837 (2019).

—Substantial Evidence.

Circuit court properly reversed an administrative decision that parents neglected their children as there was no substantial evidence to support a finding that the children were placed in danger by the parents by allowing them to spend the night with their step-grandfather, a convicted sex offender, following their grandmother's death, especially where those visits went without any suggestion of abuse. Ark. Dep't of Human Servs. v. Bixler, 91 Ark. App. 277, 210 S.W.3d 135 (2005), rev'd, 364 Ark. 292, 219 S.W.3d 125 (2005).

The requirement that the action of the board be supported by sufficient evidence does not place upon the board the burden of presenting evidence that a petition should be denied nor relieve the petitioner of the burden of presenting evidence sufficient to justify the granting of the petition. Gray's Butane Whsle., Inc. v. Arkansas Liquefied Petro. Gas Bd., 250 Ark. 69, 463 S.W.2d 639 (1971).

Substantial evidence supported agency decision. White County Guar. Sav. & Loan Ass'n v. F & M Bank, 262 Ark. 893, 562 S.W.2d 582 (1978); Woodyard v. Arkansas Diversified Ins. Co., 268 Ark. 94, 594 S.W.2d 13 (1980); Garner v. Foundation Life Ins. Co., 17 Ark. App. 13, 702 S.W.2d 417 (1986).

Substantial evidence is valid, legal, and persuasive evidence that a reasonable mind might accept as adequate to support a conclusion. Partlow v. Arkansas State Police Comm'n, 271 Ark. 351, 609 S.W.2d 23 (1980); Ark. State Bd. of Nursing v. Long, 8 Ark. App. 288, 651 S.W.2d 109 (1983); Arkansas Real Estate Comm'n v. Hale, 12 Ark. App. 229, 674 S.W.2d 507 (1984).

On appeal, the court gives the evidence its strongest probative force in favor of the administrative agency. Williams v. Scott, 278 Ark. 453, 647 S.W.2d 115 (1983); Arkansas Dep't of Human Servs. v. Simes, 281 Ark. 81, 661 S.W.2d 378 (1983).

In order to establish an absence of substantial evidence to support the decision, the appellant must demonstrate that the proof before the administrative tribunal was so nearly undisputed that fair-minded men could not reach its conclusion. The question is not whether the testimony would have supported a contrary finding but whether it supports the finding that was made. Williams v. Scott, 278 Ark. 453, 647 S.W.2d 115 (1983); Wright v. Ark. State Plant Bd., 311 Ark. 125, 842 S.W.2d 42 (1992).

Evidence insufficient to support agency decision. Arkansas Dep't of Human Servs. v. Simes, 281 Ark. 81, 661 S.W.2d 378 (1983); Fouch v. State, Alcoholic Beverage Control Div., 10 Ark. App. 139, 662 S.W.2d 181, 1983 Ark. App. LEXIS 935 (1983).

Substantial evidence means relevant evidence that a reasonable mind might accept as adequate to support the conclusion based on a review of the entire record. Woodyard v. Arkansas Diversified Ins. Co., 268 Ark. 94, 594 S.W.2d 13 (1980); Fouch v. State, Alcoholic Beverage Control Div., 10 Ark. App. 139, 662 S.W.2d 181, 1983 Ark. App. LEXIS 935 (1983).

In applying subsection (h) to child abuse reporting cases, an administrative decision is reviewed under the same credible evidence standard, rather than the substantial evidence standard, however the remaining portions of that subsection remain in effect. DeWeese v. Polk County Children & Family Servs., 40 Ark. App. 139, 842 S.W.2d 466 (1992).

Substantial evidence did not support the decision placing the employee on the certified nursing abuse registry because the administrative law judge did not make the requisite findings to support the violation she found; the administrative law judge concluded that the employee's conduct was abusive under § 5-28-101(1), without specifying which of the two definitions of abuse in the provision she was applying. Arkansas Dep't of Human Servs. v. Haen, 81 Ark. App. 171, 100 S.W.3d 740, 2003 Ark. App. LEXIS 206 (2003).

There was substantial evidence to support the Arkansas State Board of Physical Therapy's decision to suspend physical therapist, with probation thereafter, where during the hearing, there was evidence produced that the physical therapist and the patient engaged in kissing, hugging, and heavy petting during the course of her treatment, and there was also testimony that the physical therapist made very intimate and personal comments to the patient during treatment, and the two had intercourse within at least two weeks of the patient's final therapy session. Williams v. Ark. State Bd. of Physical Therapy, 353 Ark. 778, 120 S.W.3d 581 (2003).

Circuit court properly affirmed the decision of the Board of Trustees of the Arkansas Teacher Retirement System (ATRS) because substantial evidence supported its finding that a school district was responsible for paying the employer contribution to ATRS on settlement proceeds a teacher received and that it failed to follow the calculation of damages designated in the settlement as back pay. Palestine-Wheatley Sch. Dist. v. Hopkins, 2016 Ark. App. 112, 484 S.W.3d 682 (2016).

Circuit court did not fail to consider whether substantial evidence supported the decision of the Board of Trustees of the Arkansas Teacher Retirement System because it recited the standard of review applicable, specifically noting the standard of whether there was substantial evidence to support the agency's findings; the circuit court found that the decision of the administrative hearing officer from which the appeal arose was supported by substantial evidence. Palestine-Wheatley Sch. Dist. v. Hopkins, 2016 Ark. App. 112, 484 S.W.3d 682 (2016).

Where an appraiser was sanctioned by the appraiser board for a deficient appraisal, the fact that the board's chief investigator did not review certain documents until the hearing did not, by itself, render the board's decision without substantial evidence to support it. Reynolds v. Ark. Appraiser Licensing & Certification Bd., 2019 Ark. App. 587, 591 S.W.3d 837 (2019).

Sovereign Immunity.

Circuit court erred in dismissing with prejudice, based on sovereign immunity, an administrative appeal from final orders of the Oil and Gas Commission because sovereign immunity was not implicated where the commission was not “made a defendant” as contemplated by the state constitution; the commission's role in the proceeding was that of a tribunal or a quasi-judicial decision-maker rather than a real party in interest. It followed that the circuit court's rulings declaring the adjudicatory provisions of the Administrative Procedure Act unconstitutional and invalidating the commission's orders as void ab initio also were reversed. Ark. Oil & Gas Comm'n v. Hurd, 2018 Ark. 397, 564 S.W.3d 248 (2018).

Standing.

Since the Arkansas Department of Labor is covered under the Administrative Procedure Act both, employer and employee have the right to institute an original action in a court of law. United States Rooter All Type Plumbing Co. v. Holliman, 50 Ark. App. 125, 900 S.W.2d 580 (1995).

The court rejected the contention that when an individual does not appear in the proceedings below, but seeks to appeal a final action under the Administrative Procedures Act, he must set out in his petition how the issuance of the permit will harm him; instead, in order to have standing, a petitioner must assert in his pleadings how he has already sustained or is immediately in danger of sustaining injury either in his person, business, or property as a consequence of the final action. Ark. Alcoholic Bev. Control v. Muncrief, 74 Ark. App. 221, 45 S.W.3d 438 (2001).

There is no need for Arkansas courts to resort to the requirements for standing under the federal Administrative Procedure Act when determining standing under § 25-15-212(a); a petitioner under the Arkansas Administrative Procedure Act (APA), §§ 25-15-201 to 25-15-217, did not have to show an “injury in fact” and that such injury was within the “zone of interests” sought to be protected, as those terms were used under the federal Administrative Procedure Act, because the Arkansas APA did not have the same requirements as the federal Administrative Procedure Act. Ark. Bev. Retailers Ass'n v. Moore, 369 Ark. 498, 256 S.W.3d 488 (2007).

Liquor store retailers' association had standing under § 25-15-212(a) to challenge a decision of the Arkansas Alcoholic Beverage Control Board, which granted permits to a department store, based on the association's claims of disparate treatment under § 3-4-218 and its members' inability to compete on an equal basis with the store. Ark. Bev. Retailers Ass'n v. Moore, 369 Ark. 498, 256 S.W.3d 488 (2007).

In an appeal by parents of the Arkansas State Board of Education's decision to close a K-12 school campus under § 6-20-602(a), the parents' allegation that their children would suffer a negative impact on their academic achievement due to the Board's approval of the school district's petition for closure was sufficient injury to confer standing under this section. Walker v. Ark. State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899 (2010).

Competitor challenging the transfer of a retail liquor permit sufficiently alleged standing pursuant to subsection (a) of this section and standing was not challenged by the permit holder or the Alcoholic Beverage Control Board. The circuit court erred by raising the standing issue sua sponte and finding that it lacked jurisdiction to consider the petition, as the i