Code of Arkansas Rules

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  1. (a) The Bureau of Legislative Research shall:

    1. (1)

      1. (A)

        1. (i) Compile, format, and index a codification of the general and permanent rules of agencies to be known as the “Code of Arkansas Rules”.

        2. (ii) The bureau shall not include in the Code of Arkansas Rules an emergency rule promulgated under § 25-15-204(c).

      2. (B)

        1. (i) In carrying out the codification under subdivision (a)(1)(A)(i) of this section, the bureau shall have the same powers and duties related to the Code of Arkansas Rules as the Arkansas Code Revision Commission, Code Revisor, and bureau have related to the Arkansas Code of 1987 Annotated under § 1-2-303(d)(1).

        2. (ii) The bureau shall not make any change in the substance or meaning of any provision of a rule.

      3. (C)

        1. (i) The bureau shall consult with an agency when codifying a rule of that agency.

        2. (ii) An agency that objects to the form of the codification of a rule by the bureau may appeal the codification of the rule to the:

          1. (a) Legislative Council or a subcommittee of the Legislative Council designated for that purpose; or

          2. (b) If the General Assembly is in session, the Joint Budget Committee or a subcommittee of the Joint Budget Committee designated for that purpose;

    2. (2)

      1. (A) Develop a uniform style, format, and numbering system for the rules in the Code of Arkansas Rules.

      2. (B) The uniform style, format, and numbering system developed under subdivision (a)(2)(A) of this section shall conform as nearly as practical to the style of the Arkansas Code of 1987 Annotated.

      3. (C) Rules included in the Code of Arkansas Rules shall be cited and referred to by the numbering system established under subdivision (a)(2)(A) of this section;

    3. (3) Communicate to agencies the uniform style, format, and numbering system;

    4. (4)

      1. (A) Cause the Code of Arkansas Rules to be published as an online searchable database that is available for use by the general public at no charge.

      2. (B) The online searchable database under subdivision (a)(4)(A) of this section shall:

        1. (i) Constitute the official version of the Code of Arkansas Rules; and

        2. (ii) Be prima facie evidence of the rules contained in the Code of Arkansas Rules.

      3. (C) In no event shall the bureau be required to produce a print version of the Code of Arkansas Rules, including without limitation in response to a request under the Freedom of Information Act of 1967, § 25-19-101 et seq.;

    5. (5) Update the Code of Arkansas Rules at least monthly with the current version of each rule adopted by an agency; and

    6. (6) Indicate in bold type on the webpage of the Code of Arkansas Rules the date of the latest update.

  2. (b) Each agency shall draft its rules to comply with the uniform style, format, and numbering system developed by the bureau under subdivision (a)(2) of this section.

  3. (c)

    1. (1) Except as provided in subdivision (c)(2) of this section, a rule that is not included in the Code of Arkansas Rules is not enforceable by the agency promulgating the rule.

    2. (2)

      1. (A) The bureau may omit from publication in the Code of Arkansas Rules any rule in which publication would be unduly cumbersome, expensive, or otherwise impractical.

      2. (B) If a rule is omitted from publication under subdivision (c)(2)(A) of this section, the Code of Arkansas Rules shall indicate where and how a copy of the omitted rule may be obtained.

  4. (d)

    1. (1) The bureau may enter into a professional services contract to assist in carrying out the duties under this section.

    2. (2) The bureau shall retain the copyright over the Code of Arkansas Rules.

  5. (e)

    1. (1) The bureau may prepare guidance documents for agencies regarding matters necessary for the implementation of this section, including without limitation the:

      1. (A) Form and style of content that will be included in the Code of Arkansas Rules; and

      2. (B) Submission of information to the bureau for inclusion in the Code of Arkansas Rules.

    2. (2) A guidance document under subdivision (e)(1) of this section is not a rule under § 25-15-202.


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