§ 25-15-218 — Code of Arkansas Rules

(a) The Bureau of Legislative Research shall: (1) (A) (i) Compile, format, and index a codification of the general and permanent rules of agencies to be known as the "Code of Arkansas Rules". (ii) The bureau shall not include in the Code of Arkansas Rules an emergency rule promulgated under § 25-15-204(c) . (B) (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) . (ii) The bureau shall not make any change in the substance or meaning of any provision of a rule. (C) (i) The bureau shall consult with an agency when codifying a rule of that agency. (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: (a) Legislative Council or a subcommittee of the Legislative Council designated for that purpose; or (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) (A) Develop a uniform style, format, and numbering system for the rules in the Code of Arkansas Rules. (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. (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) Communicate to agencies the uniform style, format, and numbering system; (4) (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. (B) The online searchable database under subdivision (a)(4)(A) of this section shall: (i) Constitute the official version of the Code of Arkansas Rules; and (ii) Be prima facie evidence of the rules contained in the Code of Arkansas Rules. (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) Update the Code of Arkansas Rules at least monthly with the current version of each rule adopted by an agency; and (6) Indicate in bold type on the webpage of the Code of Arkansas Rules the date of the latest update. (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. (c) (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) (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. (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. (3) Unless otherwise provided by law, all rules, portions of rules, and amendments to rules in effect and in the form in which they existed immediately preceding the effective date of the Code of Arkansas Rules are repealed upon the Code of Arkansas Rules becoming effective. (d) (1) The bureau may enter into a professional services contract to assist in carrying out the duties under this section. (2) The bureau shall retain the copyright over the Code of Arkansas Rules. (e) (1) The bureau may prepare guidance documents for agencies regarding matters necessary for the implementation of this section, including without limitation the: (A) Form and style of content that will be included in the Code of Arkansas Rules; and (B) Submission of information to the bureau for inclusion in the Code of Arkansas Rules. (2) A guidance document under subdivision (e)(1) of this section is not a rule under § 25-15-202 . (f) (1) The bureau may make a technical correction to a rule codified in the Code of Arkansas Rules: (A) Pursuant to the request of an agency; or (B) (i) Upon the bureau's own initiative. (ii) (a) Before making a technical correction under subdivision (f)(1)(B)(i) of this section, the bureau shall consult with the agency that promulgated the rule for which the correction is necessary. (b) An agency that objects to a technical correction made by the bureau under subdivision (f)(1)(B)(i) of this section may appeal the technical correction in the same manner that an agency may appeal the form of a codification of a rule under subdivision (a)(1)(C)(ii) of this section. (2) Technical corrections under this subsection may include without limitation changes to: (A) A website address; (B) A physical address; (C) A phone number; and (D) Contact information. (3) When making a technical correction under this subsection, the bureau shall not change the substance or meaning of a rule. (g) The bureau may omit from codification in the Code of Arkansas Rules provisions within a rule that, in the judgment of the bureau, are inappropriate in the Code of Arkansas Rules, including without limitation: (1) Effective date clauses; (2) Authority clauses; and (3) Severability clauses. (h) (1) The classification and organization of the titles, subtitles, chapters, parts, subparts, subchapters, sections, subsections, and subdivisions of the Code of Arkansas Rules, and any headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative or administrative construction shall be drawn from that classification or organization. (2) Unless otherwise provided in Arkansas law, title, chapter, subchapter, part, and subpart analyses, and the descriptive headings or catchlines immediately preceding or within the text of the individual sections of the Code of Arkansas Rules, except the section numbers included in the headings or catchlines immediately preceding the text of the sections, do not constitute part of the rule and shall in no manner limit or expand the construction of any portion of the rule. (3) All historical citations, annotations, and notes set out in the Code of Arkansas Rules are given for the purpose of convenient reference and do not constitute part of the rule. (i) (1) Except as otherwise specifically provided in Arkansas law, in the event any title, subtitle, chapter, part, subpart, subchapter, section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of the Code of Arkansas Rules is declared or adjudged to be invalid or unconstitutional, the declaration or adjudication shall not affect the remaining portions of the Code of Arkansas Rules, which shall remain in full force and effect as if the portion declared or adjudged invalid or unconstitutional was not originally a part of the Code of Arkansas Rules. (2) A rule is severable unless the rule specifically provides that it is not severable.

Legislative History

Amended by Act 2023, No. 80,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 64,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 662,§ 5, eff. 7/24/2019. Acts 2003, No. 1478, § 3.