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224.00.1-IV. Rule-Making

AR ADC 224.00.1-IVArkansas Administrative CodeEffective: January 19, 2020

West's Arkansas Administrative Code
Title 224. State Aid Street Committee
Division 00.
Rule 1. Rules of Procedure for the State Aid Street Committee
Effective: January 19, 2020
Ark. Admin. Code 224.00.1-IV
224.00.1-IV. Rule-Making
Currentness
A. Authority
The Committee, subject to the rule making authority of the State Aid Engineer pursuant to A.C.A. § 27-72-405, has been authorized by the Legislature to promulgate rules. A.C.A. § 27-72-413(d). The Committee follows the procedural requirements of the Arkansas Administrative Procedure Act, in particular A.C.A. § 25-15-203 and § 25-15-204, as amended. Additionally, the Committee is required to abide by the provisions of A.C.A. § 10-3-309, as amended.
B. Initiation of Rule-Making
The process of adopting a new rule or amending or repealing an existing rule (hereinafter referred to “rule-making”) may be initiated by request of the Committee or third parties outside the Committee may petition for the issuance, amendment, or repeal of any rule.
C. Petition to Initiate Rule-Making
Third parties may initiate rule-making to adopt, amend, or repeal a rule by filing a petition with the Committee to initiate rule-making. The petition must contain the name, address, and telephone number of the petitioner, the specific rule or action requested, the reasons for the rule or action requested, and facts showing that the petitioner is regulated by the Committee or has a substantial interest in the rule or action requested.
The petition to initiate rule-making shall be filed with the Committee in care of the Operations and Programs Officer, Arkansas Municipal League with a copy to the State Aid Engineer, State Aid Division of the Arkansas Department of Transportation.
Within thirty (30) days after submission of the petition, the Committee will either deny the petition, stating its reasons in writing, or will initiate rule-making. A special meeting will be called if necessary to meet this time frame.
D. Pre-filing with the Bureau of Legislative Research
Thirty (30) days before the public-comment period ends, the Committee will file with the Bureau of Legislative Research the text of the proposed rule or amendment as well as a financial impact statement and a Bureau of Legislative Research questionnaire as provided by A.C.A. § 10-3-309.
E. Public Input
1. Before finalizing language of a proposed new rule or an amendment to, or repeal of, an existing rule, the Committee will receive public input through written comments and/or oral submissions. The Committee will designate in its public notice the format and timing of public comment.
2. Any public hearing will provide affected persons and other members of the public a reasonable opportunity for presentation of evidence, arguments, and oral statements within reasonable conditions and limitations imposed by the Committee to avoid duplication, irrelevant comments, unnecessary delay, or disruption of the proceedings.
3. The Committee chair, any member of the Committee, or any person designated by the Committee may preside at the public hearing. The Committee must ensure that the personnel responsible for preparing the proposed rule or amendment are available, and will notify third parties initiating rule changes to be available to explain the proposal and to respond to questions or comments regarding the proposed rule.
4. The Committee must preserve the comments made at the public hearing by a certified court reporter or by recording instruments.
5. Any person may submit written statements within the specified period of time. All timely, written statements will be considered by the Committee and be made a part of the rule-making record.
F. Notice of Rule-making
The Committee will give notice of proposed rule-making to be published pursuant to A.C.A. § 25-15-204. The notice will set any written comment period and will specify the time, date, and place of any public hearing.
G. The Decision to Adopt a Rule
1. The Committee will not finalize language of the rule or decide whether to adopt a rule until the period for public comment has expired.
2. Before acting on a proposed rule, the Committee will consider all of the written submissions and/or oral submissions received in the rule-making proceeding or any memorandum summarizing such oral submissions, and any regulatory analysis or fiscal impact statement issued in the rule-making proceedings.
3. The Committee may use its own experience, specialized knowledge, and judgment in the adoption of a rule.
H. Variance Between Adopted Rule and Published Notice of Proposed Rule
1. The Committee may not adopt a rule that differs from the rule proposed in the published notice of the intended rule-making on which the rule is based unless:
a. The final rule is in character with the original scheme and was a logical outgrowth of the notice and comments stemming from the proposed rule, or
b. The notice fairly apprised interested persons of the subject and the issues that would be considered so that those persons had an opportunity to comment.
2. In determining whether the final rule is in character with the original scheme and was a logical outgrowth of the notice and comments, and that the notice of intended rule-making provided fair warning that the outcome of that rule-making proceeding could be the rule in question, the Committee must consider the following factors:
a. The extent to which persons who will be affected by the rule should have understood that the rule-making proceeding on which it is based could affect their interests; and
b. The extent to which the subject matter of the rule or issues determined by the rule are different from the subject matter or issues contained in the notice of intended rule-making; and
c. The extent to which the effects of the rule differ from the effects of the proposed rule contained in the notice of intended rule-making.
I. Concise Statement of Reasons
1. When requested by an interested person, either prior to the adoption of a rule or within thirty (30) days after its adoption, the Committee shall issue a concise statement of the principal reasons for and against its adoption of the rule. Requests for such a statement must be in writing and be delivered to the Committee in care of the Operations and Programs Officer, Arkansas Municipal League with a copy to the State Aid Engineer, State Aid Division of the Arkansas Department of Transportation. The request should indicate whether the statement is sought for all or only a specified part of a rule. A request will be considered to have been submitted on the date on which it is received by the Operations and Programs Officer, Arkansas Municipal League.
2. The concise statement of reasons must contain:
a. The Committee's reasons for adopting the rule;
b. An indication of any change between the text of the proposed rule and the text of the rule as finally adopted, with explanations for any such change; and
c. The principal reasons urged in the rule-making procedure for and against the rule, and the Committee's reasons for overruling the arguments made against the rule.
J. Contents
The Committee shall cause its rules to be published and made available to interested persons. The publication must include:
1. The text of the rule; and
2. A note containing the following:
(a) The date(s) the Committee adopted or amended the rule;
(b) The effective date(s) of the rule;
(c) Any findings required by any provisions of law as a prerequisite to adoption for effectiveness of the rule; and
(d) Citation to the entire specific statutory or other authority authorizing the adoption of the rule;
3. The publication of the rule(s) must state the date of publication.
K. FORMAT
The published rules of the Committee will be organized substantially in the following format:
I. Statement of Organization and Operations
II. Information for Public Guidance
III. General Organization
IV. Rule-making
V. Emergency Rule-making
VI. Declaratory Orders
VII. Et seq. Substantive rules and other rules of the Committee.
L. Incorporation by Reference
By reference in a rule, the Committee may incorporate all or any part of a code, standard, rule, or other matter if the Committee finds that copying the matter in the Committee's rule would be unduly cumbersome, expensive, or otherwise inexpedient. The reference in the Committee rule must fully and precisely identify the incorporated matter by title, citation, date, and edition, if any; briefly indicate the precise subject and general contents of the incorporated matter; and state that the rule does not include any later amendments or editions of the incorporated matter. The Committee may incorporate such a matter by reference in a proposed or adopted rule only if the Committee makes copies of the incorporated matter readily available to the public. The rules must state how and where copies of the incorporated matter may be obtained at cost from the Committee, and how and where copies may be obtained from an agency of the United States, this state, another state, or the organization, association, or persons originally issuing that matter. The Committee must retain permanently a copy of any materials incorporated by reference in a rule of the Committee.
M. Filing
1. After the Committee formally adopts a new rule or amends a current rule or repeals an existing rule, and after the rule change has been reviewed by the Legislative Counsel, the Committee will file final copies of the rule with the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research, or as otherwise provided by A.C.A. § 25-15-204(d).
2. Proof of filing a copy of the rule, amendment, or repeal with the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research will be kept in a file maintained by the Committee.
3. Notice of the rule change will be posted on the Committee Web page.

Credits

Adopted Jan. 19, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 224.00.1-IV, AR ADC 224.00.1-IV
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