1052.3
Definitions
1052.3.1
Emergency
Rule - A policy or procedure that requires immediate
implementation due to a finding of imminent peril to the public health, safety,
or welfare, or loss of federal funds.
1052.3.2
Marked-up
Copy
- If an already existing rule is being amended,
a copy of the proposed amendment indicating significant changes. A rule is to
be marked up by striking the old language and inserting and underlining the new
language. This is to be submitted in typewritten format.
1052.3.3
Notice Of Rule
Making - A general clear statement of the subjects and issues
involved, and the time, place, and manner in which interested persons may
present their views thereon.
1052.3.4
Rule - Any
Department, Division or Office statement of general applicability and future
effect that implements, interprets, or prescribes law or policy; or describes
the organization procedure or practice of any agency. "Rule" does not mean any
statement concerning the internal management of DHS or any intra-office
memoranda. Policies or procedures that do not have a direct impact on the
public are not considered rules that require promulgation.
1052.3.5
Summary of
Changes - A summary of the changes made in any revision of a
Rule.
1052.3.6
Summary
of Rule - A summary of the provisions of any new rule in one or
more paragraphs.
1052.4
Promulgation
1052.4.1
A. If the rule will be applicable to or have
an effect on DHS as a whole, the promulgation steps described below will be
carried out by the Office of Administrative Services, Human Resources/Support
Services Section, Policy and Administrative Program Management Unit (OAS/PAPM).
B. If the rule is applicable only
to a particular division or divisions, the division itself is responsible for
carrying out all the steps of promulgation.
1052.4.2
Executive Staff Review
The Division or Office shall prepare the rule in draft form to be
reviewed by the DHS Executive Staff.
A. In the case of departmental rules, the
draft will then be submitted, preferably as an attachment to an e-mail message
(specific e-mail addressee to be ascertained), to OAS/PAPM, which will, in
turn, e-mail the draft to all members of the Executive Staff.
B. In the case of divisional rules, the
originating section will e-mail the draft to the Executive Staff.
C. The draft is to be accompanied by an
Executive Summary consisting of the Summary of Rule or Summary of
changes.
D. The Executive Staff
will be allowed approximately two weeks to reply with a concurrence or with
non-concurring comment.
1052.4.3 After approval by the Executive
Staff, a Notice of Rule Making (Notice) shall be prepared. The Notice shall be
published in a newspaper of general daily circulation for seven (7) consecutive
days to afford all interested members of the public up to thirty (30) days
opportunity to submit comments, orally or in writing. The Notice shall also be
mailed to any person who requested advance notice of rule making
proceedings.
1052.4.4 Prior to
newspaper publication, the Notice of Rule Making, the Arkansas Register
Transmittal Sheet, the Arkansas State Library Agency Certification Form, the
Legislative Questionnaire, the Bureau of Legislative Research page, and the
Financial Impact Statement shall be submitted to the DHS Office of Chief
Counsel (OCC). OCC shall review the submission within three (3) days for
compliance with the Act and will issue a statement to the appropriate Division
or Office finding the rule in compliance or not in compliance. Upon approval by
OCC, the Notice of Rule Making may be published.
1052.4.5
Initial Bureau of
Legislative Research Filing Every Division or Office must submit
for review any proposed, revised, amended, changed, or repealed rules with the
Bureau of Legislative Research thirty (30) days before the expiration of the
period for public comment.
A. Three (3) copies
of the rule, and two (2) copies each of the Legislative Questionnaire, the
Financial Impact Statement, and the marked-up copy (see §1052.3.2 for
format) must be submitted to the Legislative Council.
B. When filing a new rule, two (2) copies of
a Summary of Rule must be submitted. Two (2) copies of a Summary of Changes are
to be submitted with any revised rule.
C. One copy each of the rule is to be file
stamped and returned to the Division or Office. A cover letter should accompany
the submission requesting that the rule be placed on the Legislative
Administrative Rules and Regulations
Subcommittee agenda for review. Providing a copy of the cover
memorandum accompanying the submitted materials for date stamping and return to
the agency is optional.
1052.4.6
Filing The
day after the thirty (30) day public review period expires the Division or
Office shall file its rule with the Secretary of State, the Arkansas State
Library, and the Bureau of Legislative Research. Every promulgated rule must be
filed at least ten (10) days prior to its effective date. Each rule adopted by
an agency shall be effective ten (10) days after filing unless a later date is
specified in the rule itself.
A. Secretary of
State: Two (2) paper copies each of the proposed rule and the Arkansas Register
Transmittal Sheet, and one (1) copy each of the Notice of Rule Making, and the
Financial Impact Statement must be filed with the Secretary of State. One (1)
electronic copy of the rule in Word© format shall be e-mailed to the
Secretary of State's office (addressee to be determined beforehand). The
electronic copy may also be on a diskette and hand delivered at the time of
filing. One (1) copy each of the rule and the transmittal stamped with the
filing date will be returned to the Division or Office.
B. State Library: One (1) copy of the
proposed rule must be filed with the Arkansas State Library. Two (2) copies of
the Arkansas State Library Agency Certification Form and one (1) copy of the
Financial Impact Statement must accompany the proposed rule. One (1) copy of
the Certification Form stamped with the filing date will be returned to the
Division or Office. Fifteen (15) copies of the final rule shall be sent to the
Coordinator of Document Services (682-2326) at the Arkansas State Library upon
finalization of promulgation.
C.
Bureau of Legislative Research: Three (3) copies of the proposed rule, three
(3) copies of the Bureau coversheet, three (3) copies of the marked-up copy,
and three (3) copies of the Financial Impact Statement must also be filed with
the Bureau of Legislative Research. An electronic copy of the rule on diskette
in Word© format shall also be filed with the Bureau, and if any
modifications had been made to the draft rule during the public review period
(see §1052.4.3), a summary of those changes must be submitted. One (1)
copy each of the rule and coversheet stamped with the filing date will be
returned to the Division or Office.
D. The Notice of Rule Making shall be mailed
to all persons who have requested advance notice of rule making proceedings.
The Division or Office must obtain confirmation of the actual publication of
the Notice of Rule Making in the newspaper to be retained in its
files.
1052.4.7
Arkansas Legislative Council - Administrative Rules and Regulations
Subcommittee (Subcommittee)
The Subcommittee will review promulgated rules at their monthly session
at the State Capitol. The Bureau of Legislative Research will place the rule on
the Subcommittee's monthly agenda based on the information provided in
the
Legislative Questionnaire submitted to the Bureau by the promulgating
agency during the initial filing (see §1052.4.4). The promulgating agency
must schedule promulgation such that the public review period has been
completed before the Subcommittee review date.
1052.4.8 If during the promulgation process
the Division or Office elects to change, revise, or amend the proposed rule,
there shall be a second review of the altered proposed rule by OCC for
compliance with the Administrative Procedure Act. The change may require
re-promulgation. The OCC will promptly advise the Division or Office if this
becomes necessary.
1052.5
Emergency Filing
Under an "Emergency" rule, the Division or Office may proceed without
prior notice or hearing, or upon any abbreviated notice and hearing that it may
choose, to issue an emergency rule. The Division or Office shall file with the
proposed rule a statement that includes a finding of imminent peril to the
public health, safety, or welfare, or loss of federal funds which requires
issuance of rule with fewer than ten (10) days notice. The Division or Office
shall specifically state the factual reason for the finding to the public
health, safety, or welfare, or loss of federal funds. The emergency rule will
be effective immediately upon filing with the Secretary of State, the Arkansas
State Library, and the Bureau of Legislative Research, but for no longer than
120 days. Within the 120 days, the proposed rule must be promulgated according
to §1052.4 above.
