015.00.22 Ark. Code R. § 001 - Law Enforcement Stipend Program
Pursuant to the authority granted to the Division of Law Enforcement Standards and Training in Act 224 of 2022, the following rules are being promulgated to provide additional clarity related to the law enforcement stipend payment available to full-time law enforcement officers in the State of Arkansas and to establish a review process for officers that are denied payment of the stipend or are required to repay the stipend payment after receiving it.
(A) DEFINITIONS
(1) "Eligible local law enforcement agency"
includes the following:
(a) An Arkansas
County;
(i) "Arkansas County" means a
Sheriff's Office in the State of Arkansas, County Prosecutor's Office in the
State of Arkansas, or other agency that, unless otherwise excluded by law or
rule, is funded by or through a county in Arkansas.
(b) Drug Task Force;
(c) Municipal Police Department; and
(i) Municipal Police Department means a city,
town, locality, or political subdivision in the State of Arkansas.
(d) Any other agency specifically
included in Act 224 of 2022.
(2) "Eligible local law enforcement agency"
does not include the following:
(a) City,
town, county, state or other court;
(b) Constable;
(c) County, regional, or city jail or
correctional or detention center; or
(d) Any other agency specifically excluded by
Act 224 of 2022.
(B) REVIEW PROCESS FOR DENIAL OF PAYMENT OF
THE STIPEND
(1) If an officer is denied
payment of the stipend following the Division of Law Enforcement Standards and
Training's ("Division") determination that the officer failed to satisfy the
requirements necessary to qualify for the stipend, the officer may make a
request for reconsideration to the Division.
(a) Requests for reconsideration for denial
of payment must be submitted on a form provided by the Division.
(b) Requests for reconsideration for denial
of payment must be submitted in writing to the Division of Law Enforcement
Standards and Training, #4 State Police Plaza Drive, Little Rock, Arkansas
72209, on or before May 1, 2023 in order to be considered.
(c) If the Division receives a request for
reconsideration for denial of payment, the Division will prepare all relevant
documents and information related to the denial and submit it, with the
officer's request, to the Secretary of the Department of Public
Safety.
(d) The Secretary will
review the request for reconsideration and all documents provided by the
Division and make a determination.
(i)
Officers are not entitled to a hearing or to present oral testimony related to
their request for reconsideration for denial of payment.
(e) The Secretary, or their designee, will
provide a final determination to the officer in writing.
(f) Determinations by the Secretary are
final.
(C)
REVIEW PROCESS FOR REQUIREMENT TO REPAY THE STIPEND AFTER RECEIVING PAYMENT.
(1) If an officer is notified by the law
enforcement agency that issued the stipend payment, the Division, or the
Department of Finance and Administration, that the officer is required to
return the salary stipend after receiving it, the officer may make a request
for reconsideration to the Division.
(a)
Requests for reconsideration for repayment of the stipend must be submitted on
a form provided by the Division.
(b) Requests for reconsideration for
repayment of the stipend must be submitted in writing to the Division of Law
Enforcement Standards and Training, #4 State Police Plaza Drive, Little Rock,
Arkansas 72209, within ten (10) calendar days of receiving notice in order to
be considered.
(c) If the Division
receives a request for reconsideration for repayment of the stipend, the
Division will prepare all relevant documents and information related to the
repayment requirement and submit it, with the officer's request, to the
Secretary of the Department of Public Safety.
(d) The Secretary will review the request for
reconsideration and all documents provided by the Division and make a
determination.
(i) Officers are not entitled
to a hearing or to present oral testimony related to their request for
reconsideration.
(e) The
Secretary, or their designee, will provide a final determination to the officer
in writing.
(f) Determinations by
the Secretary are final.
Notes
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