Form of declaratory orders
Effective Mar 5, 2026Ark. R. 2026-21 (eff. March 5, 2026)Arkansas Code § 17-12-203
(a)
- (1) Declaratory orders shall set forth the assumed facts upon which the orders are based.
- (2) The Arkansas State Board of Public Accountancy shall accept the facts presented in the petition and any supplement to the petition as true for purposes of formulating the declaratory order.
- (3) Such assumed facts shall not constitute formal findings of fact by the board.
(b)
- (1) Declaratory orders shall address only the application of a rule, statute, or order enforced by the board to an intended or contemplated future course of conduct.
- (2) The declaratory order shall interpret the applicable law or rule as applied to the facts presented and shall not address the legality of any past or present conduct.
- (c) The identity of the requesting person shall be disclosed in the declaratory order.
(d)
- (1) If the facts and circumstances provided in the petition are insufficient in detail to enable the board to render a declaratory order, the board shall request supplementary information from the petitioner to enable the board to render such order.
- (2) If such supplementary information is still insufficient or is not provided, the board shall so state and shall not render a declaratory order based upon what it considers to be insufficient detail.
- (3) The timeframes outlined in this subpart shall reset upon receipt of any supplement to the petition.