Arkansas Administrative Code
Agency 006 - Department of Finance and Administration
Division 27 - Office of State Procurement
Rule 006.27.05-002 - Amended Rules Implementing Governor's Executive Order 98-04 and Act 34 of 1999
Universal Citation: AR Admin Rules 006.27.05-002
Current through Register Vol. 49, No. 9, September, 2024
Pursuant to the authority vested in the Department of Finance and Administration by Ark. Code Ann. §§ 19-11-217, 19-11-715, 21-5-207, and 25-8-102, and by Act 34 of the 1999 Acts of the Arkansas General Assembly, and in the Chief Fiscal Officer of the State by Ark. Code Ann. § 19-4-104, and by the promulgation of Executive Order 98-04, and in compliance with Ark. Code Ann. § 25-15-204 and Ark. Code Ann. § 10-3-309, the Director of the Department of Finance and Administration, with the approval of the Governor, does hereby promulgate the following rule for the enforcement and administration of Executive Order 98-04, Act 34 of 1999 and of Act 2262 of the 2005 Acts of the Arkansas General Assembly, to take effect as amended, on August 12, 2005.
1. Definitions - For purposes of this Rule, unless otherwise required by the context, the following definitions apply:
A. AGENCY OR STATE AGENCY shall mean every
agency, board, commission, department, division, institution, and other office
of state government located within the executive branch of government and under
the control of the Governor, for purposes of Executive Order 98-04. For
purposes of Act 34 of 1999, State Agency is defined to also include an office
of state government located within the legislative and judicial branches of
government. Agency shall also include state-supported colleges and
universities.
B. BOARD OR
COMMISSION MEMBER shall mean any person who is an appointed member of a state
board or commission, whether appointed by a member of the legislative,
executive, or judicial branches of government, or otherwise.
C. COMPETITIVE SEALED BID shall mean a method
of procurement in which the purchase price exceeds twenty-five thousand dollars
($25,000). It requires issuance of an Invitation to Bid, public notice, public
opening at a pre-designated time and place, and award to the lowest responsive
and responsible bidder.
D.
CONSTITUTIONAL OFFICER shall mean Governor, Lieutenant Governor, Secretary of
State, Treasurer of State, Attorney General, Commissioner of State Lands, and
Auditor of State, for purposes of Executive Order 98-04. For purposes of Act 34
of 1999, "constitutional officer" shall include, in addition to the foregoing,
members of the Arkansas House of Representatives and members of the Arkansas
Senate. For purposes of clarity, when the Rule refers to "constitutional
officer" the intent is to refer only to Governor, Lieutenant Governor,
Secretary of State, Treasurer of State, Attorney General, Commissioner of State
Lands, and Auditor of State. When the intent is to also include members of the
General Assembly, the Rule shall state "constitutional officer, including
members of the General Assembly."
E. CONTRACT shall mean any agreement entered
into by and between a state agency and an individual or entity pursuant to
which the agency agrees to purchase or lease tangible personal property, real
property, or services, or any agreement for the disposal of commodities and
services. Contract includes, but is not limited to, awards and notices of
award; contracts of a fixed price, cost, or incentive type; contracts providing
for the issuance of job or task orders, leases, lease purchase agreements,
letter contracts, purchase orders, and professional or consultant services
contracts. Contract also includes supplemental agreements with respect to any
of these categories.
F. CONTRACT
LABOR shall mean temporary personnel hired through a private employment agency
to meet unanticipated staffing needs. The duration of these assignments cannot
exceed six (6) consecutive weeks per calendar quarter. Expenses for these
services are paid from the agency/institution maintenance and operations
budget. Temporary personnel hired in this manner are not state
employees.
G. CONTRACTOR shall mean
any individual or entity that enters into a contract with a state
agency.
H. EMERGENCY PROCUREMENT
means the acquisition of commodities or services which, if not immediately
initiated, will endanger human life or health, state property, or the
functional capacity of a state agency.
I. ENTITY shall mean any type of business
organization other than an individual, including, but not limited to, a
corporation, partnership, limited liability company, or joint
venture.
J. FORMER BOARD OR
COMMISSION MEMBER shall mean any person who was a board or commission member
within two years prior to entering into any contract with a state
agency.
K. FORMER CONSTITUTIONAL
OFFICER shall mean any person who was a Constitutional Officer within two years
prior to entering into any contract with a state agency.
L. FORMER MEMBER OF THE GENERAL ASSEMBLY
shall mean any person who was a member of the General Assembly within two years
prior to entering into any contract with a state agency.
M. FORMER STATE EMPLOYEE shall mean any
person who was a state employee of any state agency within two years prior to
entering into any contract a state agency.
N. GRANTS shall mean all appropriations made
by the General Assembly from state, federal, or other moneys for educational
assistance, welfare grants, rehabilitation services, aid to counties and
municipalities, and to all other special appropriations which have for their
purpose the appropriating of state, federal, or other moneys for public
benefits; provided, however, grants shall not include scholarships to
institutions of higher education. For purposes of this Rule, a discretionary
grant is a grant in which the recipient of the grant funds or the formula for
the grant award is not specifically stated in the legislation authorizing the
grant.
O. IMMEDIATE FAMILY MEMBER
shall mean an individual's spouse, children of that individual or his or her
spouse, and brothers, sisters, or parents of the individual or his or her
spouse.
P. INDIVIDUAL shall mean
one particular person.
Q. JOB
CREATED OR ENHANCED BY LEGISLATION shall mean any regular salary or extra-help
position created by legislation or any position previously created by
legislation for which the salary was increased in excess of fifteen percent
(15%) authorized by legislative action or was upgraded or
reclassified.
R. LEASE shall mean a
contract by which an individual or entity conveys to another an interest in
real property or tangible personal property for a designated period of time for
a specified rent or other compensation. Lease shall include transactions in
which a transfer of title or possession of tangible personal property occurs,
such as a license transaction.
S.
LEASE-PURCHASE AGREEMENT shall mean a lease containing a purchase option
providing that the lessee's periodic payments, or parts thereof, may be applied
to the rent required and to the payments required to purchase the property,
upon lessee exercising the purchase option; a conditional sales
contract.
T. MEMBERS OF THE GENERAL
ASSEMBLY shall mean member(s) of the Arkansas House of Representative or of the
Arkansas Senate. The term "Legislator," when used in the Rule, shall have the
same meaning.
U. POSITION OF
CONTROL shall mean the possession, direct or indirect, of the power to direct
or cause the direction of the purchasing policies of an entity, or the power to
exercise a deciding influence over the management of the entity.
V. PUBLIC OFFICIAL shall mean The Secretary
of State, Governor, Lieutenant Governor, Treasurer of State, Auditor of State,
Attorney General, Commissioner of State Lands, a member of the Senate, and a
member of the House of Representatives; The executive head of any agency,
department, board, commission, institution, bureau, or council of this
state.
W. PURCHASE AGREEMENT shall
mean any written instrument evidencing the agreement of an agency to purchase
tangible personal property or services from a vendor.
X. RELATIVE shall mean the definition of
Immediate Family Member plus stepmother, stepfather, stepbrother, stepsister,
half-brother, half-sister, daughter-in-law, son-in-law, uncle, aunt, first
cousin, nephew, or niece.
Y.
REQUEST FOR PROPOSAL shall mean a method of procurement which requires issuance
of a Request for Proposal, public notice, public opening at a pre-designated
time and place, and evaluation of proposals to determine the relative abilities
of bidders to perform, including the degree of technical or professional
experience, and price is not the only consideration in selection of the
bidder.
Z. SOLE SOURCE shall mean a
procurement or contractual agreement which by virtue of the performance
specifications is available from a single source.
AA. STATE AGENCY INTERNAL AUDIT OFFICE shall
mean the Internal Audit Section of the Office of Accounting created by
Executive Order 04-04 within the Department of Finance and Administration to
promote accountability, integrity, and efficiency in the operation of the
Executive Branch. This Office shall be responsible for the examination of
records that agencies are required to maintain pursuant to Executive Order
98-04 and this Rule.
BB.
SUPERVISORY EMPLOYEE shall mean any individual having authority in the interest
of the state agency to hire, transfer, suspend, layoff, recall, promote,
discharge, assign, reward, or discipline other employees of a state agency; or
the responsibility to direct other employees of a state agency, to adjust their
grievances, or to effectively recommend an action if the exercise of authority
is not of a merely routine or clerical nature, but requires the use of
independent judgment.
CC. STATE
EMPLOYEE shall mean any employee of any state agency employed in a regular
salary position or extra-help position not to include contract labor.
DD. SUBCONTRACTOR shall mean any person or
entity entering into an agreement with a state agency contractor, whereby the
contractor assigns or otherwise delegates to the person or entity, for
consideration, all, or any part, of the performance required of the contractor
under the terms of the contract between the state agency and the contractor.
For purposes of this Rule, the term subcontractor shall apply to any assignment
of an agreement with a state agency, specifically including, but not limited
to, a contract, a purchase agreement, and a lease.
EE. TAXPAYER IDENTIFICATION NUMBER (TIN)
shall mean the individual's Social Security Number or the entity's Federal
Identification Number.
FF. VENDOR
shall mean an individual or entity that offers commodities or services for
sale.
2. Disclosure Required
A. INFORMATION REQUIRED TO BE DISCLOSED. For
purposes of the requirements of this Rule, disclosure is required of any of the
following, whether current or former:
(1)
member of the Arkansas General Assembly,
(2) constitutional officer,
(3) board or commission member,
(4) state employee,
(5) the immediate family member*, including
the spouse, of any of (1) -(4), or
(6) any entity in which any person designated
in (1) - (5):
(i) holds any position of
control, or
(ii) holds any
ownership interest of 10% or greater.
* For purposes of employment disclosures, the term "immediate family member" shall be replaced with the term "relative".
B. DISCLOSURE REQUIRED
OF CONSTITUTIONAL OFFICERS AND SPOUSE TO BE MADE UNDER PENALTY OF PERJURY. Act
34 of 1999 provides that all disclosure required to be made by a constitutional
officer, including a member of the General Assembly, or the spouse of a
constitutional officer shall be made under penalty of perjury.
C. CONTRACTS AND EMPLOYMENT EXEMPT FROM
DISCLOSURE REQUIREMENTS.
(1) CONTRACTS AND
SUBCONTRACTS LESS THAN $25,000. Agencies are not required to obtain the
disclosure listed in Section 2 from potential contractors, whether individuals
or entities, for which the total consideration is less than or equal to
$25,000. Contractors are not required to obtain the disclosure listed in
Section 2 from potential subcontractors, whether individuals or entities, for
which the total consideration is less than or equal to $25,000. Agencies shall
not split procurements into two or more contracts in order to circumvent the
limit on the amount allowed to be purchased exempt from the disclosure
requirements.
(2) OTHER CONTRACTS
EXEMPT FROM DISCLOSURE REQUIREMENTS by Ark. Code Ann. §
19-11-203
(a) Contracts with another governmental
entity such as a state agency, public educational institution, federal
governmental entity, or body of a local government.
(b) Commodities procured from non-profit
workshops authorized by Ark. Code Ann. § 19-11-501 et seq.
(c) Farm products procured in accordance with
Ark. Code Ann. §
19-11-203(14)(H).
(d) Procurement of postage.
(e) Payment of taxes.
(f) Contracts with utilities defined,
recognized, and regulated by the Arkansas Public Service Commission as a
monopoly offering.
(g) Medical
items used for the treatment and diagnosis of patients, if procured through a
group purchasing entity serving other public health institutions when
substantial savings are available.
(h) Purchase orders issued by agencies
against Office of State Purchasing contracts.
(i) Expenditures not involving public
funds.
(j) Published books,
manuals, maps, periodicals, films, technical pamphlets, and copyrighted
educational aids for use in libraries and for other informational or
instructional purposes in instances in which other applicable law does not
provide a restrictive means for the acquisition of them.
(k) Services of visiting speakers, lecturers,
and performing artists.
(l) Works
of art for museum and public display.
(3) EXEMPTION FROM DISCLOSURE FOR WORK STUDY
STUDENTS. Agencies shall not be required to obtain disclosure or approval of
applicants for work study positions.
D. DISCLOSURE BY INDIVIDUALS.
(1) DISCLOSURE GENERALLY. Except for
contracts exempt from disclosure by Section 2 C and employment applicants
exempt from disclosure by Section 2 D(2), agencies shall require any individual
who desires to enter into, extend, amend, or renew a contract, lease, or
purchase agreement, or obtain employment to disclose whether that individual is
one of the persons designated in Section 2 A (1) -(5).
(2) EMPLOYMENT - ONLY FINALISTS FOR POSITION
REQUIRED TO DISCLOSE. Agencies are not required to obtain disclosure of all
applicants for employment. Only those applicants who are chosen as finalists
for the position are required to disclose. Agencies may elect to obtain
disclosure from each of the finalists for the position at the time of the
interview.
E. DISCLOSURE
BY ENTITIES. Except for contracts exempt from disclosure by Section 2 C,
agencies shall require any entity that desires to enter into, extend, amend, or
renew a contract, lease, or purchase agreement to disclose whether any person
designated in Section 2 A (1) - (5) holds any position of control or holds any
ownership interest of 10% or greater.
F. DISCLOSURE BY SUBCONTRACTORS. Except for
contracts exempt from disclosure by Section 2 C, agencies shall require any
individual who, or entity that, desires to enter into, extend, amend, or renew
a contract, lease, or purchase agreement to certify, in writing:
(1) That, prior to entering any agreement
with any subcontractor, as defined in this Rule, for which the total
consideration is greater than $25,000, the contractor shall require the
subcontractor to complete a Contract and Grant Disclosure and
Certification Form (Pages 27 and 28).
(3) That any agreement, current or future,
between the contractor and a subcontractor for which the total consideration is
greater than $25,000 shall contain the following language:
Failure to make any disclosure required by Governor's Executive Order 98-04, or any violation of any rule, regulation or policy adopted pursuant to that Order, shall be a material breach of the terms of this subcontract. The party who fails to make the required disclosure or who violates the rule, regulation, or policy shall be subject to all legal remedies available to the contractor.
(3) That no
later than 10 days after entering into any agreement with a subcontractor for
which disclosure is required, the contractor shall transmit to the agency a
copy of the Contract and Grant Disclosure and Certification Form
completed and signed by the subcontractor and a statement containing the dollar
amount of the subcontract.
(4) This
disclosure requirement applies only to agreements entered into between
subcontractors and the contractor who contracts with the state
agency.
G. MODIFIED
DISCLOSURE REQUIRED FOR CHANGE ORDERS TO CAPITAL IMPROVEMENT PROJECTS. If at
the time a change order is processed against an original approved capital
improvement project, all of the subcontractors are the same as those on the
original approved project, the contractor may certify that fact on the change
order in lieu of obtaining a new set of disclosure forms from each of the
subcontractors. In the event the contractor enters into an agreement with a new
subcontractor after the execution of the original approved project, the
contractor is then responsible for insuring that disclosure has been obtained
from the new subcontractor prior to processing and approval of the change
order. All capital improvement construction contract changes orders that are
subject to this Rule shall contain the following language:
"I, the undersigned contractor, do hereby certify that I have reviewed my files and declare that there are / are not (circle one) new or additional subcontractors, which are required to be disclosed under this contract pursuant to Governor's Executive Order 98-04. I have attached to this change order those disclosures required under the Order. I understand that any false information provided by, or omission made by, me may be grounds for termination due to a material breach of the contract."
3. Responsibility of Agency to Obtain Disclosure.
A. DISCLOSURE MADE ON APPROVED DISCLOSURE
FORMS.
(1) CONTRACTS
Each agency shall inform any potential contractor, with the exception of those otherwise exempt from the disclosure requirements, of the disclosure required by Section 2 and shall provide the potential contractor with the appropriate disclosure form approved for that purpose by the Department of Finance and Administration, as amended from time to time. The current Contract and Grant Disclosure and Certification Form is located at Pages 27 and 28.
(2)
EMPLOYMENT
Each agency shall inform all applicants of the disclosure required by Section 2. Agencies may comply with the disclosure requirement for employment by either of the following methods:
(a) require that each applicant who is chosen
as a finalist for the position complete and sign the Employee
Disclosure/Certification and Employment of Family Members Form at the
time s/he is interviewed by the agency; or
(b) require that each applicant complete a
checklist that identifies whether any family or business relationship prohibits
the agency from employing that applicant or requires further approval (see
sample checklist on Page 33 that may be included in the application). If the
applicant checks "none of the above" on the checklist, no further disclosure is
required, even if that applicant is hired for the position. If the applicant
checks any item on the checklist, the agency must require any applicant who
becomes a finalist to complete and sign the Employee
Disclosure/Certification and Employment of Family Members Form at the
time s/he is interviewed by the agency.
B. DISCLOSURE IS CONDITION OF CONTRACT. The
agency shall inform each potential contractor who desires to enter into a
contract that is not exempt from the disclosure requirements that disclosure is
a condition of the contract and that the agency cannot enter into any such
contract for which disclosure is not made.
C. CONTRACTOR'S DUTY TO OBTAIN DISCLOSURE OF
SUBCONTRACTORS. The agency shall inform each potential contractor that:
(1) disclosure is required to be a condition
of any present or future subcontract for which the total consideration is
greater than $25,000;
(2) the
contractor must require any present or future subcontractor, for which the
subcontract amount is greater than $25,000, to complete and sign a
Contract and Grant Disclosure and Certification Form;
and
(4) the contractor must
transmit a copy of the subcontractor's disclosure form to the agency and a
statement containing the dollar amount of the subcontract.
D. GOODS AND SERVICES FOR WHICH DISCLOSURE
MAY BE OBTAINED AFTER PURCHASE. Certain goods and services are exempt from the
requirement that disclosure be obtained prior to entering into the contract by
virtue of the necessity for obtaining these goods or services expediently.
Example: emergency procurements authorized by Ark. Code Ann. §
19-11-233.
The exemption applies only to the requirement that the agency obtain disclosure
prior to entering the contract. The agency is not exempt from the requirement
of obtaining disclosure for any such contracts greater than $25,000 as soon as
reasonably possible and reporting any contract that would otherwise be subject
to reporting to Department of Finance and Administration.
4. Prohibited Contracts; Contracts Requiring Approval.
A. PROFESSIONAL OR CONSULTANT SERVICES
CONTRACTS BETWEEN AGENCIES AND STATE EMPLOYEES PROHIBITED. Except as otherwise
permitted by law, agencies are prohibited from entering into, extending,
amending, or renewing professional or consultant services contracts with state
employees who are paid from extra help or regular salaries. None of the
exceptions contained in Section 4 C allow agencies to enter into otherwise
prohibited professional or consultant services contracts with state
employees.
B. PROFESSIONAL OR
CONSULTANT SERVICES CONTRACTS BETWEEN AGENCIES AND CONSTITUTIONAL OFFICERS
SUBJECT TO PRIOR APPROVAL. Constitutional officers, including members of the
General Assembly, or their spouses may enter into professional or consultant
services contracts with agencies only upon the prior approval of the Joint
Budget Committee during legislative sessions, or the Legislative Council
between sessions, and the Governor.
C. CONTRACTS SUBJECT TO COMPETITIVE SEALED
BID OR REQUEST FOR PROPOSAL.
(1) An agency may
enter into, extend, or renew a contract, lease, or grant with a constitutional
officer, including members of the General Assembly, the spouse of a
constitutional officer, or an entity in which the officer or spouse holds an
ownership interest greater than ten percent (10%) if (i) the contract is the
result of competitive sealed bidding or a request for proposal, and (ii) such
officer played no role, directly or indirectly, in the administrative
determination of specifications for the bid or request for proposal, in the
administrative evaluation or consideration of bid or request for proposal, or
in the administrative decision to accept the bid or request for
proposal.
(2) An agency may enter
into, extend, amend, or renew a contract, lease, or purchase agreement with a
board or commission member, state employee, the immediate family member of any
of these, or any entity in which any of these persons has an ownership interest
of 10% or greater if the contract is the result of competitive sealed bidding
or a request for proposal.
D. CONTRACTS AND GRANTS GREATER THAN $25,000
AND NOT SUBJECT TO COMPETITIVE SEALED BIDDING OR REQUEST FOR PROPOSAL REQUIRE
APPROVAL. An agency must obtain approval in order to enter into, extend, amend,
or renew a contract, lease, or purchase agreement not subject to competitive
sealed bidding or a request for proposal, as follows.
(1) If the total consideration for the
contract is greater than $25,000 the approval of the Chief Fiscal Officer of
the State is required if the potential contractor or lessee is one of the
following:
(a) a state employee or the
employee's immediate family member;
(b) a board or commission member or the
member's immediate family member, or
(c) any entity in which a state employee or
board or commission member, or an immediate family member of any of these:
holds any position of control, or
holds any ownership interest of 10% or greater.
(2) If the total consideration for
the contract is greater than $25,000 and the potential contractor, lessee, or
grantee is a constitutional officer, including a member of the General
Assembly, the spouse of a constitutional officer, or a corporation, limited
liability company, partnership, or any other legal entity of which a
constitutional officer or the officer's spouse has an ownership interest of at
least ten percent (10%), the contract, lease, or grant must receive the prior
approval of the Joint Budget Committee during legislative sessions, or the
Legislative Council between sessions, and the Governor.
E. SUBCONTRACTS. A constitutional officer
including members of the General Assembly, the spouse of a constitutional
officer, or a corporation, limited liability company, partnership, or any other
legal entity of which a constitutional officer or the officer's spouse has an
ownership interest of at least ten percent (10%) may not receive any subgrant,
subcontract, or assignment of lease from a state agency unless:
(1) the constitutional officer, spouse, or
legal entity is disclosed as a subgrantee or subcontractor in the competitive
bid or request for proposal; or
(2)
for contracts not requiring competitive bidding or a request for proposal,
prior approval is obtained from the Joint Budget Committee during legislative
sessions, or the Legislative Council between sessions, and the
Governor.
F. APPROVAL
PROCEDURE. The following procedures shall apply to all contracts for which the
prior approval of the Joint Budget Committee during legislative session, or the
Legislative Council between sessions, and the Governor is required. The Office
of State Procurement shall submit the request for approval of the contract to
the Chief Fiscal Officer and to the appropriate legislative body. The Chief
Fiscal Officer, on behalf of the Governor, will notify the agency in writing
whether the contract is approved or disapproved. The legislative body will
notify the agency whether the contract is approved or disapproved. The agency
may proceed with the contract upon receipt of the approval of both the Chief
Fiscal Officer on behalf of the Governor and the appropriate legislative
body.
5. Agency Approval of Contracts.
A. NO CONTRACT FOR COMMODITIES OR SERVICES
GREATER THAN $25,000 SHALL BE AWARDED, EXTENDED, AMENDED, OR RENEWED BY ANY
AGENCY TO ANY CONTRACTOR WHO HAS NOT DISCLOSED AS REQUIRED IN SECTION 2, WITH
THE EXCEPTION OF CONTRACTS IN SECTION 3 D FOR GOODS AND SERVICES FOR WHICH
DISCLOSURE MAY BE OBTAINED AFTER PURCHASE.
B. OFFICE OF STATE PROCUREMENT'S DUTY TO
VERIFY THAT CONTRACTS NOT PROHIBITED. Prior to the award, extension, amendment,
or renewal of any contract greater than $25,000, the agency shall review the
contract and verify:
(1) that the
Contract and Grant Disclosure and Certification Form has been
completed, signed, and included in the contract, and
(2)
(a)
that the contract is not prohibited or subject to approval; or
(b) if subject to approval, that the required
approval has been obtained.
C. REQUIRED CONTRACT LANGUAGE. Every contract
greater than $25,000 executed by an agency shall include any and all
disclosures as a term of the contract. The required language may be inserted in
the request for proposal, if the RFP is incorporated into the contract document
that is executed by the agency. Agencies shall include the following language
in any contract, lease, or any assignment of the terms of the agreement to any
individual or entity:
Failure to make any disclosure required by Governor's Executive Order 98-04, or any violation of any rule, regulation, or policy adopted pursuant to that Order, shall be a material breach of the terms of this contract. Any contractor, whether an individual or entity, who fails to make the required disclosure or who violates any rule, regulation, or policy shall be subject to all legal remedies available to the agency.
6. Prohibited Employment; Employment Requiring approval.
A. PROHIBITED EMPLOYMENT. The following
employment is prohibited:
(1) Constitutional
officers, including members of the Arkansas General Assembly, are prohibited,
after being elected and during the term for which elected, from entering into
employment with any state agency or employment in any noncertified position
with any public school district of this state, any vocational education school
funded by the state, any education service cooperative, or the Cooperative
Education Services Coordinating Council, unless the constitutional officer
resigns prior to entering into the employment.
(2) Former members of the Arkansas General
Assembly and their spouses are prohibited from entering into employment with
any state agency within twenty-four (24) months after the legislator leaves
office in any job or position which was either (a) newly created by legislative
action within the twenty-four months prior to the legislator leaving office, or
(b) had a maximum salary level increase of more than fifteen percent (15%)
authorized by legislative action within the twenty-four months prior to the
legislator leaving office.
(3) A
public official shall not appoint, employ, promote, advance, or advocate for
appointment, employment, promotion, or advancement, in or to a position in the
state agency in which the official is serving or over which the official
exercises jurisdiction or control over any person who:
(a) is a relative of the public official;
and
(b) is an employee of a state
agency; or as a result of the public official's action would be an employee of
a state agency.
(4)
Within each state agency, no employees who are related shall be placed within
the same direct line of supervision whereby one (1) relative is a supervisory
employee and responsible for supervising the job performance or work activities
of another relative.
B.
EMPLOYMENT REQUIRING APPROVAL OF LEGISLATURE AND GOVERNOR AND SUBJECT TO
CONDITIONS OF EMPLOYMENT.
(1) CONSTITUTIONAL
OFFICERS EMPLOYED BY STATE AGENCY PRIOR TO ELECTION. Any constitutional
officer, including a member of the General Assembly, who was employed by a
state agency prior to being elected a constitutional officer, may continue such
employment. However, the employment shall not be reclassified unless it is the
result of a general reclassification affecting all positions of the class and
grade equally nor shall the constitutional officer receive any pay increase
after election, other than the cost of living increases authorized by the
General Assembly, without the prior approval of the Joint Budget Committee
during sessions, the Legislative Council between sessions, and the
Governor.
(2) HIRING SPOUSES OF
CONSTITUTIONAL OFFICERS, INCLUDING MEMBERS OF THE GENERAL ASSEMBLY. Agencies
may hire spouses of constitutional officers, including members of the General
Assembly, after the spouse is elected to the constitutional office and during
the term for which the spouse is elected, only upon the prior approval of the
Joint Budget Committee during legislative sessions, or the Legislative Council
between legislative sessions, and the Governor; provided, however, if the
spouse's entry salary does not exceed the amount prescribed by level 4 of grade
13 of the state pay plan at Ark. Code Ann. §
21-5-209, as
presently codified or as amended, no approval is required.
(3) SPOUSE OF CONSTITUTIONAL OFFICER EMPLOYED
BY STATE AGENCY SUBJECT TO CONDITIONS. Any spouse of a constitutional officer,
including members of the General Assembly, employed by a state agency, whether
the employee spouse is hired prior to election or during the spouse's service
in the constitutional office, is subject to the following conditions:
(a) the employee spouse's position cannot be
reclassified unless it is the result of a general reclassification affecting
all positions of the class and grade equally;
(b) the employee spouse cannot be promoted or
transferred, while the spouse is serving in the constitutional office or within
two (2) years after the spouse leaves office, without the prior approval of the
Joint Budget Committee during sessions, or the Legislative Council between
sessions, and the Governor; and
(c)
the employee spouse cannot receive any pay increase in excess of fifteen
percent (15%) without the prior approval of the Joint Budget Committee during
session, or the Legislative Council between sessions, and the
Governor.
C.
EMPLOYMENT REQUIRING APPROVAL OF STATE AGENCY HUMAN RESOURCE MANAGER. Agencies
may hire relatives, other than spouses, of constitutional officers and members
of the General Assembly, with the prior written approval of the hiring state
agency's human resource manager. Agencies may hire relatives, including
spouses, of state employees and board and commission members, with the prior
written approval of the hiring state agency's human resource manager.
D. PROCEDURES FOR OBTAINING APPROVAL.
(1). Agencies may request approval to hire
the spouse of a constitutional officer, including members of the General
Assembly, or approval to promote or transfer the employee spouse while the
spouse is serving in the constitutional office or within two (2) years after
the spouse leaves office, or approval to increase the pay of the employee
spouse in excess of fifteen percent (15%) by submitting the request to the
Chief Fiscal Officer and to the Joint Budget Committee or the Legislative
Council. The Chief Fiscal Officer, on behalf of the Governor, will notify the
agency in writing whether the request is approved or disapproved. The
legislative body will notify the agency whether the request is approved or
disapproved. The agency may proceed with the employment, the promotion or
transfer, or the increase in pay upon receipt of the approval of both the Chief
Fiscal Officer on behalf of the Governor and the appropriate legislative
body.
(2) Agencies may develop
their own procedures for obtaining approval from their agency human resource
manager to hire a relative (other than the spouse) of a constitutional officer
or member of the General Assembly or to hire a relative (including the spouse)
of a state employee or board or commission member. These procedures should
provide for written documentation to be maintained within the agency, including
the Employee Disclosure/Certification and Employment of Family Members
Form located on Page 29 of the Rule, state application and/or resume,
job description, and documentation to support reasons why other applicants were
not selected.
7. Agency Approval of Employment.
A. NO
INDIVIDUAL, WHO HAS NOT DISCLOSED AS REQUIRED IN SECTION 2, SHALL BE HIRED BY
ANY AGENCY.
B. AGENCY'S DUTY TO
VERIFY THAT EMPLOYMENT NOT PROHIBITED. Prior to hiring any individual, the
agency shall review the application and verify:
(1) that the applicant has completed and
signed the Employee Disclosure/Certification and Employment of Family
Members Form or that the applicant checked "none of the above" on the
disclosure checklist; and
(2)
(a) that the disclosure did not identify any
of the individuals or entities designated in Section 6 A; or
(b) that the appropriate approval has been
obtained, either from the proper legislative body and the Governor or from the
state agency's director or his or her designee.
8. Responsibility of Agency to Report.
A. GRANTS, CONTRACTS, OR LEASES AWARDED TO
CONSTITUTIONAL OFFICER INCLUDING MEMBERS OF THE GENERAL ASSEMBLY, OR SPOUSE, OR
TO ENTITY IN WHICH OFFICER OR SPOUSES HOLDS 10% OWNERSHIP INTEREST. The Office
of State Procurement shall report, in writing, for transmission to the Joint
Budget Committee during legislative sessions, or the Legislative Council
between sessions, and the Governor, if (i) any constitutional officer,
including members of the General Assembly, or (ii) constitutional officer's
spouse, or (iii) corporation, limited liability company, partnership, or any
other legal entity of which a constitutional officer or the officer's spouse
has an ownership interest of at least ten percent (10%) becomes the recipient
of a grant, contract, or lease through competitive sealed bidding or a request
for proposal, or if a grant, contract, or lease awarded prior to the person
becoming a constitutional officer is renewed or extended.
B. CONTRACTS, LEASES, PURCHASE AGREEMENTS
AWARDED TO STATE EMPLOYEES, BOARD OR COMMISSION MEMBERS OR THEIR IMMEDIATE
FAMILY MEMBERS, OR TO LEGAL ENTITIES OWNED IN PART BY THEM. The Office of State
Procurement shall report, in writing, for transmission to the Joint Budget
Committee during legislative sessions, or the Legislative Council between
sessions, and the Governor if (i) any state employee or immediate family
member, or (ii) board or commission member or immediate family member, or (iii)
any legal entity of which a state employee or board or commission member, or
the immediate family member of either, holds an ownership interest of at least
ten percent (10%) becomes the recipient of a contract, or lease for which the
total consideration is greater than Twenty-Five Thousand Dollars ($25,000) and
which is not subject to competitive bidding or a request for
proposal.
C. EMPLOYMENT OF
RELATIVES. Any state agency that enters into employment with any of the
following:
(1) relative, other than the
spouse, of a constitutional officer, including members of the General
Assembly;
(2) relative, including
the spouse, of a state employee or a board or commission member shall report
the employment, in writing, to the Office of State Procurement for transmission
to the Joint Budget Committee during legislative sessions, or the Legislative
Council between sessions, and the Governor.
D. PROCEDURE FOR REPORTING. All required
reports, as provided in this section 8, shall be made by each agency on a
quarterly basis to the Department of Finance and Administration, Office of
State Procurement, P.O. Box 2940, Little Rock, Arkansas 72203. Reports shall
be made no later than ten (10) business days following the end of each calendar
quarter. Reports shall be transmitted electronically via the Web site at
http://www.arkansas.gov/dfa/procurement/pro_eo9804.html, unless the agency
lacks the capacity to transmit electronically, in which case reports shall be
made in paper format. Transmission of the report to the DFA Office of State
Procurement shall satisfy the requirement that the report be made to the
appropriate legislative body and the Governor. These reports that were
previously made to the Office of Disclosure and Review are now made by the
agency to the Office of State Procurement. The Office of State Procurement
shall compile the reported information and transmit a copy to the appropriate
legislative body and the Governor.
9. Sole Source Procurement.
A. Agencies
shall review all sole source contractual agreements to ensure compliance with
the purpose and intent of Executive Order 98-04.
B. All professional or consultant services
contracts that indicate a sole source shall include written justification for
using the sole source and shall be included in the contract.
C. The State Purchasing Director or a
designee above the level of an agency purchasing official must determine in
writing that it is not practicable to use other than the required or designated
commodity or service.
10. Agencies to Keep Adequate Records; Preservation of Records; Examination of Records.
A. RECORDS
REQUIRED. All records, including the required supporting documents, shall be
considered a part of each agency contract, lease, or other agreement, and shall
be retained in the files of the agency.
B. PRESERVATION OF RECORDS. All records
pertaining to transactions involving agency purchases made by the agency shall
be preserved for a period of not less than 5 years from the expiration of the
contract, and as required by Ark. Code Ann. § 13-4-101 et seq.
C. EXAMINATION OF RECORDS. All of the
foregoing records shall be made available for examination upon request of an
authorized representative(s) of the Department of Finance and Administration,
Office of State Agency Internal Audit. The purpose of the examination is to
verify that agencies have complied with Executive Order 98-04, Act 34 of 1999,
Act 2262 of 2005 and this Rule.
11. Failure to Disclose and Report; Violations.
A. Any
willful and knowing violation of Act 34 of 1999 shall constitute a Class D
felony. Venue for a judicial action for such a violation shall be in the county
of the defendant's domicile.
B.
Violation of this rule or any other rules promulgated to administer Act 34 of
1999 or the failure of a constitutional officer including members of the
General Assembly or spouse to disclose his or her interest in any contract,
grant, or lease, or in any subcontract, subgrant, or assignment of lease as
required by Act 34 of 1999 or by this rule shall be grounds for voiding the
contract, grant, lease agreement, subcontract, subgrant, or lease assignment
and the constitutional officer or spouse may be required to refund any monies
received thereunder.
C. The
Arkansas Ethics Commission is authorized to investigate any complaints or
allegations of violations of Act 34 of 1999 and to make findings thereon. In
the investigation of such matters, Act 34 specifically gives the Commission all
authority and powers as granted to it under the provisions of Ark. Code Ann.
§§
7-6-217
and
7-6-218.
D. CONDITIONS WHICH CONSTITUTE MATERIAL
BREACH OF CONTRACT. The failure of any contractor, whether individual or
entity, to satisfy any of the following conditions, in addition to those
conditions provided in existing law, may, at the option of the agency, be
considered a material breach of the contract:
(1) the person or entity has failed to
disclose any information required by Section 2 A, or has otherwise violated any
rule, regulation, or policy adopted pursuant to Executive Order
98-04;
(2) the person or entity has
failed to include as a condition in any agreement with any subcontractor the
disclosure requirements of Section 2 F; or
(3) the person or entity has failed to obtain
and report disclosure obtained from a subcontractor at any time during the term
of the contract.
E.
OPTIONS AVAILABLE TO AGENCY UPON NON-FRAUDULENT OR NOT IN-BAD-FAITH BREACH BY
CONTRACTOR. If it is determined that a contractor, not acting fraudulently or
in bad faith, has failed to satisfy any of the conditions in Section 12 A, an
agency may, at its option:
(1) PRIOR TO AWARD
OF CONTRACT.
(a) Cancel the solicitation;
or
(b) Revise the solicitation to
satisfy the conditions which were previously unsatisfied, and proceed with the
contract, if the agency determines that doing so is in the best interests of
the state.
(2)
SUBSEQUENT TO AWARD OF CONTRACT.
(a) Ratify
and affirm the contract, if the agency determines that doing so is in the best
interests of the state; or
(b)
Declare the contractor to be in default and terminate the contract.
F. RATIFICATION OF
CONTRACT.
(1) Prior to any determination that
ratification is the appropriate option, the agency shall prepare a written
justification for the determination that ratification of the contract is in the
best interests of the state.
(2) In
connection with ratification of the contract, the agency shall:
(a) Require the contractor to complete a
Contract Disclosure and Certification Form containing any information required
by Section 2 A that the contractor previously failed to disclose; or
(b) Require the contractor to amend the
subcontract to include as a condition in the subcontract the disclosure
requirements of Section 2 F; or
(c)
Require the contractor to provide the subcontractor disclosure; and
(d) Submit all contracts in Section 4 C(2)
for which approval is required, to the Chief Fiscal Officer of the State for
approval of the ratification of the contract. The request for approval should
indicate that the contract was previously approved, that the agency
subsequently discovered that the contractor failed to meet one or more of the
disclosure and reporting requirements, and that the agency determined that
ratification of the contract is in the best interests of the state. The request
should include the written justification for the agency's determination that
ratification is in the best interests of the state.
G. TERMINATION OF CONTRACT. The
election of the option to terminate the contract for any failure of a
contractor to satisfy any of the conditions in Section 12 A should be
determined in writing by the designated agency official. The procedures for
resolution of contract and breach of contract controversies and any other
applicable procedures contained in the State of Arkansas Purchasing Law and
Rules promulgated by the Office of State Procurement shall apply in the event
of a termination of any contract as a result of breach of the contract as
provided in Section 12 A.
H.
OPTIONS AVAILABLE TO AGENCY UPON FRAUDULENT OR BAD FAITH BREACH BY CONTRACTOR.
Upon discovery that a contractor, who has acted fraudulently or in bad faith,
has failed to satisfy any of the conditions in Section 12 A, an agency may, at
its option:
(1) Declare the contract to be
null and void; or
(2) Direct the
individual or entity awarded the contract to proceed with performance of the
contract and pay such damages, if any, as may be appropriate if such action
shall be in the best interests of the state.
I. REPORT OF CONTRACTS RATIFIED, TERMINATED,
OR DECLARED VOID. All contracts which are ratified pursuant to Section 12 C,
terminated pursuant to Section 12 D, or declared null and void pursuant to
Section 12 E, shall be reported by the agency to the Department of Finance and
Administration no later than 10 days following ratification, termination, or
declaration of nullity by the agency.
12. Agencies' Notification to Employees of Employee Disclosure of Benefits Requirements.
A. NOTICE TO
EMPLOYEES. Each agency shall provide written notice to all finalists for agency
employment of the employee disclosure requirements contained in Ark. Code Ann.
§
19-11-706,
along with the civil and administrative remedies provided in Ark. Code Ann.
§
19-11-712,
which may be imposed upon employees who breach these disclosure requirements,
and the criminal penalties provided in Ark. Code Ann. §
19-11-702,
upon conviction of a knowing violation of the disclosure requirements. The
required Employee Disclosure Requirements/Restrictions Notice is
located on Pages 28 and 29 of the Rule.
(1)
Agencies shall provide the Employee Disclosure Requirements/Restrictions
Notice to all finalists for agency employment. The Notice shall be
considered to be part of the application, and the application will be deemed
incomplete until the acknowledgment is signed and submitted by the
finalist.
(2) Agencies must
maintain the employee's acknowledgement of receipt of the Employee
Disclosure Requirements/Restrictions Notice in the employee's personnel
file.
(3) Agencies shall post a
copy of Section 12 of the Rule in a conspicuous place that is easily accessible
to all employees, along with a sample reporting of benefits form
(Employee Disclosure Requirements Form) and a notice that informs
employees from whom in the agency they may obtain copies of the Employee
Disclosure Requirements Form.
B. DISCLOSURE OF BENEFIT RECEIVED FROM
CONTRACT. All employees are required to report to the Director of the
Department of Finance and Administration any benefit from any state contract
with a business in which the employee has a financial interest, including:
(1) Ownership of any interest or involvement
in any business relationship from which, or as a result of which, a person
within the past year has received, or is presently or in the future entitled to
receive, more than one thousand dollars ($1,000) per year, or its
equivalent;
(2) Ownership of more
than a five percent (5%) interest in any business; or
(3) Holding a position in a business such as
an officer, director, trustee, partner, employee, or the like, or holding any
position of management.
For purposes of the reporting requirements of this section, "Employee" and 'State agency," as defined in Ark. Code Ann. § 19-11-701, are adopted as follows. "Employee" includes an individual drawing a salary from a state agency, whether elected or not, and any nonsalaried individual performing personal services for any state agency. "State agency" means any office, department, commission, council, board, bureau, committee, institution, legislative body, agency, government corporation, or other establishment or official of the executive, judicial, or legislative branch of this state.
Reports shall be made in writing addressed to Director, Department of Finance and Administration, P. O. Box 3278, Little Rock, Arkansas 72203- 3278. Reports shall be considered complete if made on the Employee Disclosure Requirements Form, or if the report contains all of the information required on the Employee Disclosure Requirements Form. All reports made pursuant to this section by present state employees shall be transmitted to the Director no later than 30 days following the receipt of the benefit by the employee; provided, however, only one report is required for each contract pursuant to which a state employee is paid in installments, which report shall be transmitted no later than 30 days following the receipt of the first installment payment. All reports made pursuant to this section by a person who has a benefit from a state contract at the time that person becomes a state employee shall be transmitted to the Director no later than 30 days following the first day of state employment.
C. FAILURE TO DISCLOSE. If any agency
determines that an employee knew or should have known of a benefit from any
state contract with a business in which the employee has a financial interest,
but such employee failed to disclose such benefit to the Director of the
Department of Finance and Administration, the agency shall immediately report
the violation to the Director of the Department of Finance and
Administration.
D. REMEDIES AGAINST
EMPLOYEES
(1) In addition to existing civil
and administrative remedies, the Director of the Department of Finance and
Administration may impose, after notice and an opportunity for a hearing, any
one (1) or more of the following for failure of the employee to disclose:
(a) Oral or written warnings or
reprimands;
(b) Forfeiture of pay
without suspension;
(c) Suspension
with or without pay for specified periods of time; and
(d) Termination of employment.
(2) The value of anything received
by an employee in breach of these restrictions shall be recoverable by the
State.
E. CRIMINAL
PENALTIES. Pursuant to Ark. Code Ann. §
19-11-702,
any employee or non-employee who knowingly fails to disclose any benefit shall
be guilty of a felony and upon conviction shall be fined in any sum not to
exceed ten thousand dollars ($10,000) or shall be imprisoned not less than one
(1) nor more than five (5) years, or shall be punished by both.
13. Agencies' Notification of Restrictions on Employment of Present and Former Employees.
A. NOTICE TO
EMPLOYEES. Each Agency shall provide written notice to all finalists for agency
employment of the restrictions on employment of present and former employees
contained in Ark. Code Ann. §
19-11-709,
along with the civil and administrative remedies provided in Ark. Code Ann.
§
19-11-712,
which may be imposed upon employees who breach these restrictions, and the
criminal penalties provided in Ark. Code Ann. §
19-11-702,
upon conviction of a knowing violation of the restrictions. The required
Employee Disclosure Requirements/Restrictions Notice is located on
Pages 28 and 29 of the Rule.
(1) The
Employee Disclosure Requirements/Restrictions Notice shall be
considered to be part of the application, and the application will be deemed
incomplete until the acknowledgment is signed and submitted by the
finalist.
(2) Agencies must
maintain the employee's acknowledgement of receipt of the Disclosure
Requirements/Restrictions Notice in the employee's personnel
file.
(3) Agencies shall post a
copy of Section 13 of the Rule in a conspicuous place that is accessible to all
employees.
(4) If any agency
determines that an employee has violated these Employment Restrictions, such
Agency shall immediately report to the Director of the Department of Finance
and Administration.
B.
CONTEMPORANEOUS EMPLOYMENT PROHIBITED. No state employee involved in
procurement for an Agency is allowed to also be the employee of any party
contracting with the state agency by which the employee is employed.
C. RESTRICTIONS ON FORMER EMPLOYEES IN
MATTERS CONNECTED WITH THEIR FORMER DUTIES.
(1) No former employee shall knowingly act as
a principal or agent for anyone other than the state in connection with any:
(a) Judicial or other proceeding,
application, request for a ruling, or other determination;
(b) Contract;
(c) Claim; or
(d) Charge or controversy in which the
employee participated personally and substantially through decision, approval,
disapproval, recommendation, rendering of advice, investigation, or otherwise
while an employee, where the state is a party or has a direct and substantial
interest.
(2) No former
employee, within one (1) year after cessation of the former employee's official
responsibility in connection with any:
(a)
Judicial or other proceeding, application, request for a ruling, or other
determination;
(b)
Contract;
(c) Claim; or
(d) Charge or controversy shall knowingly act
as a principal or as an agent for anyone other than the state in matters that
were within the former employee's official responsibility, where the state is a
party or has a direct or substantial interest.
D. DISQUALIFICATION OF PARTNERS
(1) No person who is a partner of an employee
shall knowingly act as a principal or as an agent for anyone other than the
state in connection with any:
(a) Judicial or
other proceeding, application, request for a ruling, or other
determination;
(b)
Contract;
(c) Claim; or
(d) Charge or controversy in which the
employee either participates personally and substantially through decision,
approval, disapproval, recommendation, the rendering of advice, investigation,
or otherwise or that is the subject of the employee's official responsibility,
where the state is a party or has a direct and substantial interest.
(2) No person who is a partner of
a former employee shall knowingly act as a principal or as an agent for anyone
other than the state where such former employee is barred under the
restrictions on former employees in matters connected with their former duties
(see paragraph C).
E.
SELLING TO STATE AFTER TERMINATION OF EMPLOYMENT. Former employees are
prohibited (unless the former employee's last annual salary did not exceed
$10,500) from engaging in selling or attempting to sell commodities or services
to the state for one (1) year following the date employment ceased. This
prohibition does not preclude a former employee from accepting employment with
private industry solely because his employer is a contractor with this state
nor does it preclude an employee, a former employee, or a partner of an
employee or former employee from filing an action as a taxpayer for alleged
violations of Ark. Code Ann. §
19-11-701,
et seq.
F. REMEDIES AGAINST
EMPLOYEES
(1) In addition to existing civil
and administrative remedies, the Director of the Department of Finance and
Administration may impose, after notice and an opportunity for a hearing, any
one (1) or more of the following for breach of the employment restrictions:
(a) Oral or written warnings or
reprimands;
(b) Forfeiture of pay
without suspension;
(c) Suspension
with or without pay for specified periods of time; and
(d) Termination of employment.
(2) The value of anything received
by an employee in breach of these restrictions shall be recoverable by the
State.
G. CRIMINAL
PENALTIES. Pursuant to Ark. Code Ann. §
19-11-702,
any employee or non-employee who knowingly violates these employment
restrictions shall be guilty of a felony and upon conviction shall be fined in
any sum not to exceed ten thousand dollars ($10,000) or shall be imprisoned not
less than one (1) nor more than five (5) years, or shall be punished by
both.
14. Agencies Affected; Voluntary Disclosure.
A. AFFECTED AGENCIES. The provisions of
Executive Order 98-04, and this Rule, shall apply to all agencies within the
control of the Governor.
B.
VOLUNTARY COMPLIANCE ENCOURAGED OF EXEMPT PERSONS AND AGENCIES. The following
persons, agencies, and other entities not subject to the control of the
Governor are encouraged to voluntarily comply with Executive Order 98-04 and
this Rule: Members of the Legislature, any employees of, or positions in the
Legislative branch of Arkansas State Government; the Justices of the Supreme
Court, Judges of the Court of Appeals, Judges of the Circuit, Chancery or
Circuit/Chancery Courts, Judges of the Inferior Courts, or any employee of, or
position in the Judicial branch of Arkansas State government; elective officers
of the State and any employee of the offices of Lieutenant Governor, Attorney
General, Secretary of the State, State Auditor, Land Commissioner, and State
Treasurer; members and staff of multi-member boards, commissions or committees
that are exempt by law from the provisions of the "Arkansas Purchasing Law,"
Ark. Code Ann. §
19-11-201 et
seq.; and employees of the Arkansas Highway and Transportation Department and
the Arkansas Game and Fish Commission.
C. PROCEDURE FOR VOLUNTARY COMPLIANCE. Any
person, agency, or other entity desiring to voluntarily comply should contact
the Office of State Procurement at P. O. Box 2940, Little Rock, Arkansas 72203,
telephone number (501) 324-9316 or via web site at
http://www.arkansas.gov/dfa/procurement/pro_eo9804.html to obtain a copy of
this Rule and to notify the Office of the person's or agency's intent to
voluntarily comply.
15. Rules Supplemental to and not in Abrogation of Current Requirements of Agencies in both Law and Rules. No provision of this Rule shall be considered to repeal any requirement of existing law or rule promulgated pursuant to existing law. The agency requirements contained in this Rule are supplemental to all current agency responsibilities.
Date: ____________________________
__________________________________
RICHARD WEISS, Director Department of Finance and Administration
__________________________________
TIM LEATHERS, Deputy Director Department of Finance and Administration
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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