Agency Rulemaking Petition - Arkansas

PETITION FOR AGENCY RULEMAKING — ARKANSAS

COVER LETTER

[__/__/____]

[________________________________]
[Agency Director / Administrator Name]
[________________________________]
[Agency Name]
[________________________________]
[Street Address]
[________________________________]
[City, Arkansas ZIP Code]

Re: Petition for Rulemaking Pursuant to Ark. Code Ann. § 25-15-204 — Request to [____] Adopt [____] Amend [____] Repeal Rule(s) Concerning [________________________________]

Dear [________________________________]:

Enclosed please find the formal Petition for Rulemaking submitted pursuant to Section 25-15-204 of the Arkansas Code by [________________________________] ("Petitioner"). This petition respectfully requests that [________________________________] ("the Agency") initiate rulemaking proceedings to [adopt/amend/repeal] rules concerning [________________________________].

Under Ark. Code Ann. § 25-15-204, every agency shall accord any person the right to petition for the issuance, amendment, or repeal of any rule. Within thirty (30) days after submission of a petition, the agency shall either deny the petition in writing with stated reasons, or initiate rulemaking proceedings in accordance with Ark. Code Ann. § 25-15-203.

Petitioner requests that the Agency acknowledge receipt of this petition and provide a tracking number or docket designation.

Please direct all correspondence regarding this petition to:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Respectfully submitted,

_________________________________________
[Petitioner Name / Authorized Representative]
[Title / Position]
[Organization, if applicable]

FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________]

STATE OF ARKANSAS

PETITION FOR [____] ADOPTION [____] AMENDMENT [____] REPEAL OF RULE

Petition No.: [________________________________] (assigned by agency)
Date Filed: [__/__/____]

I. PETITIONER INFORMATION

Petitioner's Interest in the Proposed Rulemaking:

[________________________________]
[________________________________]
[________________________________]

☐ Petitioner is an individual directly affected by the existing or proposed rule
☐ Petitioner is a business entity regulated by the Agency
☐ Petitioner is a trade or professional association representing affected members
☐ Petitioner is a nonprofit or advocacy organization with a stated interest
☐ Petitioner is a local government entity
☐ Petitioner is a state legislator or legislative committee
☐ Other interest: [________________________________]

II. STATUTORY AUTHORITY FOR PETITION

This petition is filed pursuant to Ark. Code Ann. § 25-15-204(a), which provides:

"Every agency shall accord any person the right to petition for the issuance, amendment, or repeal of any rule."

And § 25-15-204(b), which requires:

"Within thirty (30) days after the submission of a petition, the agency shall either deny the petition, stating in writing its reasons for the denial, or shall initiate rule-making proceedings in accordance with § 25-15-203."

The Agency possesses rulemaking authority under:

1. Organic Statute: [________________________________]
2. Specific Rulemaking Grant: [________________________________]
3. Subject-Matter Authority: [________________________________]

III. IDENTIFICATION OF RULE AT ISSUE

Type of Action Requested:

☐ Adoption (issuance) of a new rule
☐ Amendment of an existing rule
☐ Repeal of an existing rule
☐ Amendment and partial repeal of an existing rule

Existing Rule (if amendment or repeal):

Subject Area for New Rule (if adoption):

[________________________________]
[________________________________]

IV. STATEMENT OF NEED AND JUSTIFICATION

A. Current Problem or Deficiency

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Factual Background

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. How the Proposed Action Addresses the Problem

[________________________________]
[________________________________]
[________________________________]
[________________________________]

D. Consequences of Inaction

[________________________________]
[________________________________]
[________________________________]

V. PROPOSED RULE TEXT

Petitioner proposes the following rule language (or substantially similar language achieving the same purposes):

For New Rules or Amendments — Proposed Text:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

For Amendments — Redline Showing Changes to Existing Text:

(Strikethrough indicates deletions; underline indicates additions)

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

For Repeal:

Petitioner requests the repeal in its entirety of [________________________________], effective [________________________________].

VI. LEGAL AUTHORITY ANALYSIS

A. Agency Rulemaking Authority

The Agency is authorized to promulgate rules under:

1. [________________________________] — [describe scope of authority]
2. [________________________________] — [describe scope of authority]
3. [________________________________] — [describe scope of authority]

B. Compliance with the Arkansas APA

Under Ark. Code Ann. § 25-15-203, if the agency proceeds with rulemaking, it must:

1. Give at least thirty (30) days' notice of intended action
2. Include a statement of the terms or substance of the intended action, or a description of the subjects and issues involved
3. Specify the time, place, and manner in which interested persons may present their views
4. Consider all submissions before adopting the rule
5. File the adopted rule with the Secretary of State
6. Publish notice in the Arkansas Register

The proposed action is consistent with these requirements because:

[________________________________]
[________________________________]

C. Legislative Review Requirements

Under Arkansas law, proposed agency rules are subject to review by the Arkansas Legislative Council and the appropriate legislative interim committee. The agency must submit proposed rules for legislative review before final adoption.

[________________________________]
[________________________________]

D. Constitutional Considerations

[________________________________]
[________________________________]

E. Federal Preemption Analysis

☐ No federal preemption issues exist
☐ Federal preemption analysis is attached (Exhibit [____])

[________________________________]
[________________________________]

F. Consistency with Other State Rules

[________________________________]
[________________________________]

VII. IMPACT ANALYSIS

A. Economic Impact

B. Small Business Impact

[________________________________]
[________________________________]
[________________________________]

Number of small businesses potentially affected: [________________________________]
Nature of impact on small businesses: [________________________________]
Proposed alternatives to reduce small business burden: [________________________________]

C. Regulatory Impact

[________________________________]
[________________________________]

D. Fiscal Impact on State and Local Government

[________________________________]
[________________________________]

E. Impact on Rural Communities

[________________________________]
[________________________________]
(Note: Arkansas has significant rural populations; address rural-specific effects.)

VIII. PUBLIC INTEREST ARGUMENTS

1. Public Health and Safety: [________________________________]

2. Consumer Protection: [________________________________]

3. Environmental Protection: [________________________________]

4. Economic Development: [________________________________]

5. Government Efficiency: [________________________________]

6. Regulatory Clarity and Consistency: [________________________________]

7. Alignment with Legislative Intent: [________________________________]

8. Compliance with Federal Requirements: [________________________________]

IX. SUPPORTING EVIDENCE AND EXHIBITS

☐ Technical or scientific studies
☐ Economic data and cost-benefit analysis
☐ Stakeholder letters of support
☐ Comparative analysis of other state approaches
☐ Federal regulatory guidance or requirements
☐ Draft rule text markup / redline
☐ Legislative history or committee reports
☐ Fiscal impact analysis

X. REQUEST FOR RELIEF

Petitioner respectfully requests that [________________________________] ("the Agency"):

1. Acknowledge receipt of this petition and assign a tracking number or docket designation;

2. Accord Petitioner the right to petition as required by Ark. Code Ann. § 25-15-204(a);

3. Within thirty (30) days of submission, either:
   - (a) Initiate rulemaking proceedings in accordance with Ark. Code Ann. § 25-15-203, or
   - (b) If denying the petition, provide a written statement of reasons for the denial as required by § 25-15-204(b);

4. If rulemaking is initiated:
   - (a) Give at least thirty (30) days' notice of intended action,
   - (b) Afford interested persons the opportunity to present views,
   - (c) File the adopted rule with the Secretary of State, and
   - (d) Publish notice in the Arkansas Register;

5. Submit any proposed rule to the Arkansas Legislative Council and appropriate interim committee for legislative review;

6. Consider the proposed rule text set forth in Section V or substantially similar language; and

7. Provide Petitioner with copies of all agency actions taken in response to this petition.

XI. VERIFICATION AND SIGNATURE

I, [________________________________], declare under penalty of perjury that the statements in this petition are true and correct to the best of my knowledge and belief.

Date: [__/__/____]

_________________________________________
Signature

_________________________________________
Printed Name

_________________________________________
Title / Position

_________________________________________
Organization (if applicable)

ARKANSAS FILING INSTRUCTIONS

Where to File

Filing Methods

☐ U.S. Mail — Send original plus [____] copies to agency address
☐ Hand Delivery — Deliver to agency offices during business hours (request date-stamped receipt)
☐ Certified Mail / Return Receipt — Recommended to establish proof of filing date
☐ Electronic Filing — Where accepted by the agency; confirm format requirements
☐ Agency Online Portal — Check agency website for electronic submission options

Pre-Filing Checklist

☐ Review the Arkansas Administrative Code for existing rules on the subject
☐ Check the Arkansas Register for pending rulemaking actions
☐ Verify the agency has rulemaking authority over the subject matter
☐ Determine if the agency has prescribed a specific petition form or procedure
☐ Contact the agency's rulemaking coordinator to confirm filing requirements
☐ Confirm proper mailing address or filing location
☐ Retain a date-stamped copy of the filed petition
☐ Calendar the 30-day response deadline

AGENCY RESPONSE REQUIREMENTS — ARKANSAS

Statutory Timeline and Obligations

Under Ark. Code Ann. § 25-15-204(b), when an agency receives a petition for rulemaking:

If the Agency Initiates Rulemaking (§ 25-15-203)

The agency must:

1. Give at least thirty (30) days' notice of its intended action
2. Include the terms or substance of the proposed rule, or a description of subjects and issues
3. Specify the time, place, and manner for interested persons to present their views
4. Consider all submissions and data before adopting the final rule
5. File the adopted rule with the Secretary of State
6. Publish in the Arkansas Register
7. Submit the proposed rule to the Arkansas Legislative Council and appropriate interim committee for review

Emergency Rulemaking Exception

Under Ark. Code Ann. § 25-15-204(c), if the agency finds that an imminent peril to the public health, safety, or welfare requires the adoption of a rule on less than thirty (30) days' notice, the agency may adopt an emergency rule. The agency must state in writing its reasons for the finding.

Legislative Review

Arkansas has a robust legislative review process for agency rules. The Arkansas Legislative Council and appropriate interim committees review proposed rules before final adoption. This review ensures rules are within the agency's statutory authority and consistent with legislative intent.

Tracking Your Petition

☐ Date petition filed: [__/__/____]
☐ Method of filing: [________________________________]
☐ Confirmation or tracking number received: [________________________________]
☐ 30-day response deadline: [__/__/____]
☐ Agency contact for follow-up: [________________________________]
☐ Date of agency response: [__/__/____]
☐ Agency action: ☐ Denied ☐ Rulemaking initiated

APPEAL OF DENIAL

Judicial Review Under Ark. Code Ann. § 25-15-212

If the agency denies the petition, the petitioner may seek judicial review in circuit court.

Standards for Judicial Review:

Under Ark. Code Ann. § 25-15-212, the court may reverse or modify an agency action if the substantial rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

1. In violation of constitutional or statutory provisions
2. In excess of the agency's statutory authority
3. Made upon unlawful procedure
4. Affected by other error of law
5. Not supported by substantial evidence of record when viewed as a whole
6. Arbitrary, capricious, or characterized by an abuse of discretion

Filing Requirements for Judicial Review:

Steps to Appeal a Denial:

☐ Obtain written denial with stated reasons from the agency
☐ Review the denial for compliance with § 25-15-204(b)
☐ Consult with an attorney regarding the merits of judicial review
☐ File a petition for judicial review in circuit court within 30 days
☐ Serve the agency and the Attorney General
☐ Request the administrative record from the agency
☐ File briefs and appear for hearing as scheduled by the court

DOCUMENT CHECKLIST

Required Documents

☐ Cover letter addressed to agency director
☐ Formal Petition for Rulemaking (this document, completed)
☐ Proposed rule text (new rule, amendment redline, or repeal request)
☐ Statement of need and justification
☐ Identification of statutory authority
☐ Verification and signature

Recommended Supporting Documents

☐ Economic impact analysis
☐ Small business impact statement
☐ Technical or scientific studies supporting the petition
☐ Letters of support from stakeholders
☐ Comparative analysis of other jurisdictions' rules
☐ Federal regulatory guidance (if relevant)
☐ Legislative history or policy analysis
☐ Fiscal impact analysis
☐ Analysis of impact on rural Arkansas communities

Filing Copies

☐ Original petition with original signature
☐ [____] copies for agency files (confirm number with agency)
☐ One copy retained by petitioner with date-stamp or filing confirmation
☐ Electronic copy saved for petitioner's records

PRACTICE TIPS FOR ARKANSAS RULEMAKING PETITIONS

Before Filing

1. Understand the legislative review process. Arkansas subjects agency rules to legislative review through the Arkansas Legislative Council and appropriate interim committees. A successful petition must produce a rule that can survive legislative scrutiny.

2. Review the Arkansas Register and Administrative Code. Check for existing rules and pending rulemaking actions through the Secretary of State's office and the Bureau of Legislative Research.

3. Contact the agency's rulemaking coordinator. Many Arkansas agencies have designated staff responsible for processing rulemaking petitions. An informal inquiry can clarify filing procedures and current agency priorities.

4. Verify rulemaking authority. Confirm the agency has statutory authority to adopt rules on the subject matter. Some areas may require legislative action rather than rulemaking.

5. Build stakeholder support. Arkansas's legislative review process means that rules with broad support among affected stakeholders and legislators are more likely to be adopted.

Drafting the Petition

6. Draft specific rule language. Provide actual proposed regulatory text rather than general policy requests. Agencies are more likely to initiate rulemaking when given well-crafted language.

7. Address legislative intent. Demonstrate that the proposed rule furthers the intent of the agency's enabling statute and broader legislative policy.

8. Include economic analysis. Quantify costs and benefits. Address effects on small businesses and rural communities, which are particularly important in Arkansas.

9. Reference federal requirements. If the proposed rule implements federal standards, explain the federal-state relationship and any mandates requiring state action.

10. Anticipate legislative review objections. Consider how the Arkansas Legislative Council and interim committees might view the proposed rule, and address potential objections proactively.

After Filing

11. Calendar the 30-day deadline. Under § 25-15-204(b), the agency must respond within 30 days. Follow up promptly if no response is received.

12. Prepare for public participation. If the agency initiates rulemaking, submit detailed written comments during the notice and comment period.

13. Monitor the Arkansas Register. Watch for notice of proposed rulemaking action related to your petition.

14. Engage with the legislative review process. If rulemaking is initiated, be prepared to participate in legislative review hearings before the Arkansas Legislative Council.

15. Document everything. Maintain copies of all correspondence with the agency, including proof of filing dates and agency responses.

SOURCES AND REFERENCES

• Ark. Code Ann. § 25-15-204 — Petition for Rulemaking; Agency Response
  https://law.justia.com/codes/arkansas/title-25/chapter-15/subchapter-2/section-25-15-204/

• Ark. Code Ann. § 25-15-203 — Notice and Comment Rulemaking Procedures
  https://law.justia.com/codes/arkansas/title-25/chapter-15/subchapter-2/

• Ark. Code Ann. § 25-15-212 — Judicial Review of Agency Action
  https://law.justia.com/codes/arkansas/title-25/chapter-15/subchapter-2/

• Arkansas Administrative Procedure Act Overview
  https://administrativelaw.uslegal.com/administrative-procedure-acts/arkansas/

• Arkansas Secretary of State — Administrative Rules
  https://www.sos.arkansas.gov/

• Arkansas Legislative Council — Rule Review
  https://www.arkleg.state.ar.us/

This template is provided for informational purposes only and does not constitute legal advice. Users must consult with a qualified attorney licensed in Arkansas before filing a petition for rulemaking. Individual agencies may have additional petition requirements beyond those reflected in this template. Last updated: 2026-03-08.