2010 Arkansas Code
Title 25 - State Government
Chapter 15 - Administrative Procedures
Subchapter 2 - Administrative Procedure Act
§ 25-15-202 - Definitions.

25-15-202. Definitions.

As used in this subchapter:

(1) (A) "Adjudication" means agency process for the formulation of an order.

(B) "Adjudication" does not include prisoner disciplinary proceedings conducted by the Department of Correction and the Department of Community Correction;

(2) (A) "Agency" means each board, commission, department, officer, or other authority of the government of the State of Arkansas, whether or not within, or subject to review by, another agency, except the General Assembly, the courts, and Governor.

(B) The word "agency" shall include the Division of Child Care and Early Childhood Education of the Department of Human Services and the Child Care Appeal Review Panel for purposes of administrative appeal.

(C) The word "agency" shall not include the Arkansas Public Service Commission, the Arkansas Pollution Control and Ecology Commission, the Workers' Compensation Commission, and the Department of Workforce Services, it being determined by the General Assembly that the existing laws governing those agencies provide adequate administrative procedures for those agencies.

(D) Nothing in this subchapter shall be construed to repeal delegations of authority as provided by law;

(3) "License" includes any agency permit, certificate, approval, registration, charter, or similar form of permission required by law;

(4) "Licensing" means any agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, limitation, or amendment of a license;

(5) "Order" means the final disposition of an agency in any matter other than rule making, including licensing and rate making, in which the agency is required by law to make its determination after notice and hearing;

(6) "Party" means any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any agency proceeding;

(7) "Person" means any individual, partnership, corporation, association, or public or private organization of any character;

(8) (A) "Rule" means any agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice of any agency and includes, but is not limited to, the amendment or repeal of a prior rule.

(B) "Rule" does not mean:

(i) Statements concerning the internal management of an agency and that do not affect the private rights or procedures available to the public;

(ii) Declaratory rulings issued pursuant to 25-15-206; or

(iii) Intra-agency memoranda; and

(9) "Rule making" means agency process for the formulation, amendment, or repeal of a rule.