Restrictions on employment of former state officials and former state employees — Definitions

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  1. (a) As used in this section:

    1. (1) “State employee” means an individual employed in the office of:

      1. (A) The Governor;

      2. (B) The Lieutenant Governor;

      3. (C) The Attorney General;

      4. (D) The Secretary of State;

      5. (E) The Auditor of State;

      6. (F) The Treasurer of State;

      7. (G) The Commissioner of State Lands;

      8. (H) A justice of the Supreme Court;

      9. (I) A judge of the Court of Appeals;

      10. (J) A judge of a circuit court; or

      11. (K) A judge of a district court; and

    2. (2) “State official” means:

      1. (A) The Governor;

      2. (B) The Lieutenant Governor;

      3. (C) The Attorney General;

      4. (D) The Secretary of State;

      5. (E) The Auditor of State;

      6. (F) The Treasurer of State;

      7. (G) The Commissioner of State Lands;

      8. (H) A justice of the Supreme Court;

      9. (I) A judge of the Court of Appeals;

      10. (J) A judge of a circuit court;

      11. (K) A judge of a district court;

      12. (L) An executive head of a state agency;

      13. (M) The chief deputy of an executive head of a state agency; and

      14. (N) A member of the Arkansas Public Service Commission.

  2. (b) A former state official or former state employee shall not knowingly act as a principal or agent for anyone other than the state in connection with any of the following if he or she participated personally and substantially through decision, approval, disapproval, recommendation, rendering of advice, investigation, or otherwise while serving in that capacity and the state is a party or has a direct or substantial interest:

    1. (1) A judicial, administrative, or other proceeding, application, request for a ruling, or other determination;

    2. (2) A contract;

    3. (3) A claim; or

    4. (4) A charge or controversy.

  3. (c) A former state official or former state employee shall not knowingly act as a principal or agent for anyone other than the state within one (1) year after cessation of his or her employment with the state agency in connection with any of the following if the matters were within the former state official's or former state employee's official responsibility and the state is a party or has a direct or substantial interest:

    1. (1) A judicial, administrative, or other proceeding, application, request for a ruling, or other determination;

    2. (2) A contract;

    3. (3) A claim; or

    4. (4) A charge or controversy.

  4. (d) A former state official or former state employee who knowingly violates this section shall be guilty of a Class A misdemeanor.


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