Rules and Regulations

State government not only enacts legislation to create laws (the product of the Legislature), but through the administrative agencies of the state, it also promulgates rules and regulations which implement, interpret or expand upon that legislation. This is known as the regulatory process.

Administrative agencies responsible for proposing and establishing rules and regulations include each board, commission, department, officer, or other authority of the government of the State of Arkansas, except for the General Assembly, the courts, and the Governor.

The Arkansas Administrative Procedure Act (A.C.A. §25-15-201,et seq.) outlines the steps that must be completed prior to the adoption, amendment, or repeal of any rule or regulation.

Prior to the adoption, amendment, or repeal of any rule, an agency shall:

• Give at least thirty (30) days' notice of its intended action and shall publish in a newspaper of general daily circulation their notice for three (3) consecutive days.
• Afford all interested persons reasonable opportunity to submit written data, views, or arguments, orally or in writing and fully consider all submissions before finalizing the rule.
• Adopt the rule and file with the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research a copy of each adopted rule.
• Each rule adopted by an agency is effective ten (10) days after filing with the above entities unless a later date is specified by law or in the rule itself.

Emergency Rule-making:

• If an agency finds that imminent peril to the public health, safety, or welfare or compliance with federal laws or regulations requires adoption of a rule upon less than thirty (30) days' notice, it may proceed without prior notice or hearing to adopt an emergency rule.
• The rule may be effective for no longer than one hundred twenty (120) days.

A.C.A. §10-3-309 establishes Legislative Review:

Although rulemaking authority is granted to administrative agencies, the General Assembly, through the efforts of the Legislative Council, reviews rules and regulations to ensure and clarify legislative intent with respect to rules and regulations.

In general, the Legislative Council may selectively review possible, proposed, or adopted rules and regulations and may request a representative of an agency whose rule or regulation is under examination to attend a Legislative Council meeting.

The comments and recommendations of the Legislative Council are non-binding on the agency; however, the Legislative Council may refer their recommendations and comments to the General Assembly at which point the General Assembly may enact legislation giving effect to the Council's recommendations.

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