Rulemaking power to be narrowly interpreted — Definitions

1. Law
2. Arkansas Code
3. State Government
4. Administrative Procedures
5. Administrative Procedure Act
6. Rulemaking power to be narrowly interpreted — Definitions

1. (a) As used in this section:

   1. (1) “Rule” means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency; and

   2. (2)

      1. (A) “State agency” means an office, board, commission, department, council, bureau, governmental entity, or other agency of state government having authority to promulgate or enforce rules.

      2. (B) “State agency” includes without limitation the:

         1. (i) Arkansas State Game and Fish Commission, if the rule is promulgated under authority of a statute enacted by the General Assembly; and

         2. (ii) State Highway Commission and the Arkansas Department of Transportation, if the rule is promulgated under authority of a statute enacted by the General Assembly.

      3. (C) This section applies to one (1) or more of the following if the Legislative Council adopts rules under § 10-3-309(h)(2) including the respective entity in the definition of “state agency” under § 10-3-309(b)(2)(A):

         1. (i) Each rule of the Arkansas State Game and Fish Commission;

         2. (ii) Each rule of the State Highway Commission and the Arkansas Department of Transportation; and

         3. (iii) An institution of higher education.

2. (b)

   1. (1) The authority of a state agency to promulgate a rule when so empowered by an act of the General Assembly shall be narrowly interpreted by the state agency.

   2. (2) As part of the narrow interpretation of its rulemaking authority under subdivision (b)(1) of this section, a state agency shall without limitation:

      1. (A) Limit its rulemaking to only those areas or subject matters that are absolutely necessary to fulfill its statutory duty or obligations; and

      2. (B) Not promulgate a rule that is inconsistent with the legislative intent of an act empowering a state agency to promulgate a rule.

3. (c) A proposed rule that is promulgated based upon a broad interpretation of a state agency's rulemaking power rather than a narrow interpretation of that rulemaking power may be deemed as inconsistent with state law for the purposes § 10-3-309(f)(1).

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