2020 Arkansas Code
Title 25 - State Government
Chapter 15 - Administrative Procedures
Subchapter 2 - Administrative Procedure Act
§ 25-15-216. Review of agency rules

(a)

1. (1) As soon as is practicable after each regular session and fiscal session of the General Assembly, each agency shall review any newly enacted laws to determine whether:

   1. (A) Any existing rule should be repealed or amended; or

   2. (B) Any new rule should be adopted.

2. (2) At the conclusion of each review, the agency shall adopt a written report of the result of the review.

3. (3) A copy of each report shall be maintained as a public record by the agency.

(b)

1. (1) If an agency determines that a newly enacted law requires the repeal or amendment of an existing rule or the adoption of a new rule and the newly enacted law does not provide a specific date for the repeal, amendment, or adoption of the rule, the final version of the new, amended, or repealed rule shall be filed for adoption with the Secretary of State:

   1. (A) On or before January 1 of the following year, if the newly enacted law results from a regular or fiscal session of the General Assembly;

   2. (B) On or before the one hundred eightieth day following sine die adjournment, if the newly enacted law results from a special session of the General Assembly; or

   3. (C) If approval of a rule under § 10-3-309 has not occurred by the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section, as soon as practicable after approval under § 10-3-309.

2. (2) An agency shall file the proposed rule with the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, under § 10-3-309 sufficiently in advance of the date under subdivision (b)(1)(A) or subdivision (b)(1)(B) of this section so that the Legislative Council or Joint Budget Committee may consider the rule for approval before the appropriate date.

3. (3)

   1. (A) If an agency fails to file the final version of the new, amended, or repealed rule for adoption as required by subdivision (b)(1) of this section, the executive head of the agency at issue or his or her designee shall appear before the Legislative Council or its appropriate subcommittee on a monthly basis until the final version of the new, amended, or repealed rule is filed for adoption with the Secretary of State.

   2. (B) When appearing before the Legislative Council or its appropriate subcommittee, the executive head of the agency at issue or his or her designee shall:

      1. (i) Describe why the agency has been unable to comply with subdivision (b)(1) of this section;

      2. (ii) Provide an update on the current status of the necessary rule changes;

      3. (iii) Describe the steps the agency is taking to address the failure to comply with subdivision (b)(1) of this section; and

      4. (iv) Provide an anticipated date for when the final version of the new, amended, or repealed rule will be filed for adoption with the Secretary of State.