006.05.500. DISCLOSURE OF RECORDS UNDER FREEDOM OF INFORMATION ACT
AR ADC 006.05.500Arkansas Administrative Code
Ark. Admin. Code 006.05.500
006.05.500. DISCLOSURE OF RECORDS UNDER FREEDOM OF INFORMATION ACT
The Department of Finance and Administration (DF&A), through its various sections, maintains different categories of records, come of which are subject to disclosure under the Freedom of Information Act (Ark. Stat. Ann. § 12-2801 et seq.). The purpose of this Regulation is to identify those records which are subject to disclosure under the Freedom of Information Act and establish procedures for providing those records.
A. “Public Records” - Public records are writings, recorded sounds, films, tapes or data compilations in any form (a) required by law to be kept, or (b) otherwise kept and which constitute a record of the performance or lack of performance of official functions which are or should be carried out by the Department of Finance and Administration. All records maintained in public offices or by public employees within the scope if their employment shall be presumed to be public records.
B. “Disclosable Records: - Disclosable records includes all public records and information maintained by the Department of Finance and Administration which are subject to disclosure pursuant to the Arkansas Freedom of Information Act. This includes all records regularly maintained by the Department of Finance and Administration except income tax records, other tax records of individual persons and driver's license information.
C. “Confidential Records” - Confidential records includes public records which are not subject to disclosure under the Freedom of Information Act, including income tax records, tax records of individual persons which are specifically protected by the Arkansas Tax Procedure Act and Driver's License records which are specifically protected under the Driver's License Laws.
2.
A. Requests for information should be made to the appropriate Administrator of DF&A, or their designee, who is responsible for maintaining the requested information. A list of Administrators, and their designee, and the offices they are responsible for is available from the office of the Commissioner of Revenues. Requests for disclosable records must be in writing and specifically state the information desired in a manner sufficient to identify the requested records or information.
B. The Administrator, or his designee, will provide reasonable access to the disclosable records or information and will provide reasonable comforts and facilities to the requesting party for use in inspecting and copying the disclosable records and information. The requested party must provide his own supplies and devices for use in inspecting and copying the disclosable records.
E. If it is more convenient, economical or expedient on behalf of the operation of the office of the custodian of the records, the custodian may elect to provide photocopies or compilations of disclosable records that are not regularly maintained in lieu of permitting inspecting of records at the office. If the party making the request agrees to photocopies or compilations of records in lieu of an individual inspection of records, the party making the request will be required to pay any extraordinary expenses incurred in compiling those records.
C. Disclosure of information to the Attorney General of this State, any Prosecuting Attorney, or any other individual who is empowered by law to prosecute criminal and civil violations of any State tax law, when the Commissioner initiates the investigation. If the prosecution is initiated by the Attorney General, or a Prosecuting Attorney the Commissioner shall not disclose any information unless required by subpoena issued by a Circuit Court. Information may be introduced as evidence by the Attorney General, a prosecuting attorney or other individual so empowered when they are prosecuting any civil or criminal violation of State tax law.
I. Disclosure to the Arkansas Student Loan Authority and/or the Student Loan Guarantee Foundation of Arkansas, the last know address or whereabouts and/or the last known employer of any person from who said agencies are charged with collecting a student loan indebtedness. In providing such information the Commissioner shall not allow the Arkansas Student Loan Authority or the Student Loan Guarantee Foundation of Arkansas to examine the tax return.
Any request for confidential records and information under the exceptions provided for in the Tax Procedure Act should be forwarded to the appropriate Administrator, or his designee, for the Department of Finance and Administration. The Administrator, or his designee, after consulting the Office of Revenue Legal Counsel, shall grant or deny the request in accordance with the provisions of the Arkansas Tax Procedure Act. Otherwise, requests for confidential information should be denied.
F. Any governmental department or agency upon a showing of reasonable cause as to why the driver record should be issued to such governmental department or agency in order for the governmental department or agency to effectively carry out its statutory duties. Provided, however, that no driver record shall be reported to any individual, except duly authorized officials of the Office of Driver's Services, unless a copy of such report and the name of the individual or organization which received the report is sent to the driver named in the report.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.05.500, AR ADC 006.05.500
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