Ark. Code Ann. § 25-2-104 (2026)

1. 1. When any department, institution, or other agency, or part thereof, is transferred to a principal department under a type 1 transfer, that department, institution, or other agency, or part thereof, shall be administered under the direction and supervision of that principal department but shall retain exactly the same prescribed statutory powers, authorities, duties, and functions as it had prior to the transfer, including:
      1. Rulemaking, regulation, licensing, and registration;
      2. The promulgation of rules, rates, and standards; and
      3. The rendering of findings, orders, and adjudications.
   2. It shall exercise those powers, authorities, duties, and functions independently of the head of the principal department.
2. Following a type 1 transfer, the members of any statutory board or commission so transferred, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the board or commission as such statutes may from time to time be amended.
3. Notwithstanding subsections (a) and (b) of this section, under a type 1 transfer, all budgeting, purchasing, and related management functions of any transferred department, institution, or other agency, or part thereof, shall be performed under the direction and supervision of the head of the principal department.

History. Acts 1971, No. 38, § 2; 1985, No. 348, § 8; A.S.A. 1947, § 5-902; Acts 2019, No. 315, § 2910.

Publisher's Notes. Acts 1971, No. 38, § 3, provided that any then-existing board, commission, advisory board, or other entity not enumerated in the reorganization act, but established by law within, or advisory to, a department, institution, or other agency would continue to exercise all its powers, duties, and functions under the principal department in accordance with the type of transfer under which the preexisting department, institution, or other agency was transferred.

Acts 1971, No. 38, § 18, provided that the act would not affect any civil or criminal actions or proceedings which were pending on February 4, 1971, and which involved any agency transferred to a principal department. It further provided that any order, recommendation, or other proceeding by such an agency would not be affected by the reorganization.

Amendments. The 2019 amendment deleted “regulations” following “rates” in (a)(1)(B).

Meaning of “this act”. See note to § 25-2-101.