|
Bylaws
Bylaws
of the Arkansas Tobacco Settlement Commission
I.
Statement Of Organization And Operations
The Arkansas
Tobacco Settlement Commission is an agency of state government
created by Sections 17 and 18 of the Tobacco Settlement Proceeds
Act of 2000, Ark. Code Ann. § 19-12-117 and § 19-12-118.
The legislature has delegated to the agency monitoring and
evaluation of the programs established in Sections 13, 14,
15, and 16 of the Act. Ultimate authority for the operation
of the agency is in a commission. The individual charged with
the day-to-day operations is referred to as Executive Director
who is selected by the Commission. From time to time, the
Commission promulgates bylaws.
For administrative
purposes, the agency is comprised of an Executive Director
and administrative support staff.
II.
Information For Public Guidance
The agency
makes available a list of persons holding certain responsibilities
for handling FOIA requests, licensing questions, and complaints
against licensees so that the public may obtain information
about the agency or make submissions or requests. The names,
mailing addresses, telephone numbers, and electronic addresses
can be obtained from the agency’s office or Web site.
The agency
has a list of official forms used by the agency and a list
of all formal, written statements of policy and written interpretative
memoranda, and orders, decisions and opinions resulting from
adjudications, which may be obtained from the agency’s
office or Web site.
Copies
of all forms used by the agency, written statements of policy
and written interpretive memoranda, and all orders issued
by the agency may be obtained from the agency’s office.
III.
General Organization
A.
The officers of the agency will be Chairperson and Vice-Chairperson.
The four members of the Commission, who are not on the Commission
by virtue of being a director of an agency, will serve four
(4) year terms. The terms commence on October 1 of each year.
Committee members are limited to serving two (2) consecutive
four (4) year terms. The officers and members shall perform
the duties prescribed by applicable law, this rule, and the
parliamentary authority adopted by the agency.
B.
The business of the agency will be conducted in public meetings
pursuant to Robert’s Rules of Order. All meetings will
be conducted in conformity with the Arkansas Freedom of Information
Act. Regular meetings will be held at least quarterly, at
a time and place determined by the Chair. The meetings will
be hosted by program leads and/or their agencies. Notice of
regular meetings shall be in the form of a letter, or email
no less than 10 days in advance. Special meetings shall be
called at any time at the pleasure of the Chair. The chair
shall call a special meeting when requested to do so in writing
by two or more members. The chair will give at least 3 days
notice and will specify the purpose of the meeting unless
waived by the members of the Commission.
C.
Five (5) members of the Commission shall constitute a quorum.
D.
The agency may create standing and ad hoc committees.
The agency Chairperson will select members of committees.
A quorum for the transaction of committee business is a majority
of the number of voting members of the committee.
E.
Committees
1. The
Executive Committee shall be composed of three (3) members
of the Commission, and it shall be the duty of the Committee
to monitor administrative procedures, and recommend policies
to the Commission as the Committee deems necessary to carry
on the work of the Commission.
2. The
Executive Committee shall be elected by ballot to serve for
one year or until their successors are elected, and their
term of office shall begin at the close of the meeting at
which they are elected.
F.
The Director will prepare the agenda for regular and special
meetings. The agenda will be distributed to agency members
and made available to the public in advance of the meeting.
The agenda should state with specificity the items that will
be considered at a meeting, hearing, or workshop. The agenda
should include the following topics as applicable:
1. The
call to order;
2. Review of minutes;
3. Old business;
4. New business;
5. Other business;
6. Adjournment
The order
of the agenda items is intended to be flexible and may be
adjusted to meet the needs of the agency. Additionally, the
agenda may be amended by appropriate motion.
IV. Rule-Making
A.
Authority
The agency
has been authorized by the Legislature to promulgate rules.
Ark. Code Ann. § 19-12-117. The agency follows the procedural
requirements of the Arkansas Administrative Procedure Act,
in particular A.C.A. §25-15-203 and §25-15-204.
Additionally, the agency is required to abide by the provisions
of A.C.A. §10-3-309.
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 governing body that the staff
submit proposed drafts. Additionally, staff of the agency
may request permission of the agency to initiate rule-making.
Third persons outside the agency 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 agency 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 agency or has a substantial
interest in the rule or action requested.
The petition
to initiate rule-making shall be filed with the agency Executive
Director.
Within thirty (30) days after submission of the petition,
the agency 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 agency
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 agency will receive
public input through written comments and/or oral submissions.
The agency 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 agency to avoid
duplication, irrelevant comments, unnecessary delay, or disruption
of the proceedings.
3. The
agency chair, any member of the agency, or any person designated
by the agency may preside at the public hearing. The agency
must ensure that the agency 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
agency 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 agency and be made a part of the rule-making record.
F.
Notice Of Rule-Making
The agency
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
agency 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 agency 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
agency 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
agency 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 agency 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 agency 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 Executive Director. 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 agency.
2. The
concise statement of reasons must contain:
a. The
agency’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 agency’s reasons for overruling
the arguments made against the rule.
J.
Contents
The agency
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 agency 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 agency 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
L. Incorporation By Reference
By reference
in a rule, the agency may incorporate all or any part of a
code, standard, rule, or other matter if the agency finds
that copying the matter in the agency’s rule would be
unduly cumbersome, expensive, or otherwise inexpedient. The
reference in the agency 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 agency may incorporate such a matter by reference
in a proposed or adopted rule only if the agency 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 this agency, 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 agency must
retain permanently a copy of any materials incorporated by
reference in a rule of the agency.
M.
Filing
1. After
the agency 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 staff 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 administrative support staff of the Commission.
3. Notice
of the rule change will be posted on the agency Web page.
(when available)
V.
Emergency Rule-Making
A.
Request For Emergency Rule-making
The proponent
of a rule may request the agency to adopt an emergency rule.
In addition to the text of the proposed rule or amendment
to an existing rule and any other information required by
Rule IV (C), the proponent will provide a written statement
setting out the facts or circumstances that would support
a finding of imminent peril to the public health, safety,
or welfare.
B.
Finding Of An Emergency
Upon receipt
of the written statement requesting an emergency rule-making
and documents or other evidence submitted in support of the
assertion that an emergency exists, the agency will make an
independent judgment as to whether the circumstances and facts
constitute an imminent peril to the public health, safety,
or welfare requiring adoption of the rule upon fewer than
30 days notice. If the agency determines that the circumstances
warrant emergency rule-making, it will make a written determination
that sets out the reasons for the agency’s finding that
an emergency exists. Upon making this finding, the agency
may proceed to adopt the rule without any prior notice or
hearing, or it may determine to provide an abbreviated notice
and hearing.
C.
Effective Date Of Emergency Rule
The emergency
rule will be effective immediately upon filing, or at a stated
time less than ten (10) days thereafter, if the agency finds
that this effective date is necessary because of imminent
peril to the public health, safety, or welfare. The agency
will file with the rule its written findings justifying the
determination that emergency rule-making is appropriate and,
if applicable, the basis for the effective date of the emergency
rule being less than ten days after the filing of the rule
pursuant to A.C.A. §25-15-204(e). The agency will take
appropriate measures to make emergency rules known to persons
who may be affected by them.
VI. Declaratory Orders
A.
Purpose And Use Of Declaratory Orders
A declaratory
order is a means of resolving a controversy or answering questions
or doubts concerning the applicability of statutory provisions,
rules, or orders over which the agency has authority. A petition
for declaratory order may be used only to resolve questions
or doubts as to how the statutes, rules, or orders may apply
to the petitioner’s particular circumstances. A declaratory
order is not the appropriate means for determining the conduct
of another person or for obtaining a policy statement of general
applicability from an agency. A petition or declaratory order
must describe the potential impact of statutes, rules, or
orders upon the petitioner’s interests.
B.
The Petition
The process
to obtain a declaratory order is begun by filing with the
Executive Director a petition that provides the following
information:
1. The
caption shall read: Petition for Declaratory Order Before
Arkansas Tobacco Settlement Commission.
2. The name, address, telephone number, and facsimile number
of the petitioner.
3. The
name, address, telephone number, and facsimile number of the
attorney of the petitioner.
4. The
statutory provision(s), agency rule(s), or agency order(s)
on which the declaratory order is sought.
5. A
description of how the statutes, rules, or orders may substantially
affect the petitioner and the petitioner’s particular
set of circumstances, and the question or issue on which petitioner
seeks a declaratory order.
6. The signature of the petitioner or petitioner’s attorney
7. The
date.
8. Request
for a hearing, if desired.
C.
Agency Disposition
1. The
agency may hold a hearing to consider a petition for declaratory
statement. If a hearing is held, it shall be conducted in
accordance with A.C.A. §25-15-208 and §25-15-213,
and the agency’s rules for adjudicatory hearings.
2. The
agency may rely on the statements of fact set out in the petition
without taking any position with regard to the validity of
the facts. Within ninety (90) days of the filing of the petition,
the agency will render a final order denying the petition
or issuing a declaratory order.
VI. Miscellaneous
Community
Grants
Section
17(i) of the Tobacco Settlement Proceeds Act states:
“If the deposits into the Arkansas Tobacco Settlement
Commission Fund exceed the amount necessary to pay the costs
and expenses described in Sub-section (h) of this Section,
then the ATSC is authorized to make grants as follows:
(A) Those
organizations eligible to receive grants are non-profit and
community
based.
(B) Grant criteria shall be established based upon the following
principles:
i) All funds should be used to improve and optimize the health
of Arkansans;
ii) all funds should be used on long-term projects that improve
the health of Arkansans;
iii) future tobacco-related illness and health care costs
in Arkansas should be minimized through this opportunity;
and
iv) funds should be invested in solutions that work effectively
and efficiently in Arkansas
(C) Grant awards shall be restricted in amounts up to fifty-thousand
dollars
($50,000) per year for each eligible organization.”
Following
ATSC staff review for eligibility and compliance with application
requirements, an external review committee of authorities
will evaluate applications using the grading system. Based
on this evaluation, grant awards will be determined by the
Arkansas Tobacco Settlement Commission upon recommendations
by the review committee.
The Arkansas
Tobacco Settlement Commission will award all grants on a competitive
basis. All applications will be reviewed and rated quantitatively
and qualitatively by a review panel to be chosen by the Tobacco
Settlement Commission.
Proposed
7/25/03
Top
|
