(a)
(1) Pursuant to Arkansas Code § 21‑8‑701(a), the following persons are required to file a Statement of Financial Interest in addition to candidates for elective office:
- (A) A public official, as defined in Arkansas Code § 21‑8‑402(17);
- (B) A district judge or city attorney, whether elected or appointed;
- (C) Any agency head, department director, or division director of state government or a chief of staff or chief deputy of:
(i) A constitutional officer;
(ii) The Senate; or
- (iii) The House of Representatives;
(D)
- (i) Any public appointee to a state board or commission that is authorized or charged by law with the exercise of regulatory authority or is authorized to receive or disburse state or federal funds.
- (ii) However, a public appointee to a state board or commission that is not charged by law with the exercise of regulatory authority and that receives or disburses state or federal funds only in the form of mileage reimbursement for members attending meetings of the board or commission shall not be required to file a written statement of financial interest;
- (E) All persons who are elected members of a school board or who are candidates for a position on a school board;
- (F) All public and charter school superintendents;
- (G) All executive directors of education service cooperatives;
(H) Any person appointed to a municipal, county, or regional:
- (i) Planning board or commission;
- (ii) Airport board or commission;
- (iii) Water or sewer board or commission;
- (iv) Utility board or commission; or
- (v) Civil service commission;
- (I) Any member of an advertising and promotion commission; and
- (J) Any member of a research authority board existing under Arkansas Code § 14‑144‑201 et seq.
- (2) If a person is included in one of these categories for any part of a calendar year, then he or she must file a Statement of Financial Interest covering that period of time regardless of whether he or she has left his or her office or position as of the date the statement is due.
(b)
- (1) Public officials, appointees, or employees shall file the Statement of Financial Interest no later than January 31 of each year.
(2) As an exception to 7 CAR § 3-149, incumbent officeholders who filed the Statement of Financial Interest by January 31 of the year in which an election is held shall not be required to file an additional Statement of Financial Interest upon becoming a candidate for reelection or election to another office at any election held during the year.
- (c)
- (1) All appointees appointed to state boards or commissions after July 30, 1999, shall file a Statement of Financial Interest covering the previous calendar year within thirty (30) days of appointment.
(2) Any person hired, promoted, or selected as an agency head, department director, or division director within state government after July 30, 1999, shall file a Statement of Financial Interest covering the previous calendar year within thirty (30) days of filling such a position.
- (d) The Statement of Financial Interest shall include all the information required in Arkansas Code § 21‑8‑701(d).
(e) The Statement of Financial Interest shall be filed as follows:
- (1) State or district public servants shall file with the Secretary of State;
- (2) County, township, or school district public servants shall file with the county clerk;
- (3) Municipal public servants shall file with the city clerk or recorder;
- (4) City attorneys shall file with the city clerk of the municipality within which they serve;
- (5) Persons appointed to regional boards or commissions shall file with the county clerk of the county where they reside; and
- (6) District judges shall file with the Secretary of State.
(f) The Statement of Financial Interest shall be deemed to be timely filed if it is:
- (1) Hand-delivered to the appropriate public official on or before the due date;
- (2) Mailed to the appropriate public official, postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on or before the date due;
- (3) Received via facsimile by the appropriate public official on or before the due date, provided the original is received by the public official within ten (10) days of the transmission; or
- (4) Received by the appropriate public official in a readable electronic format that is acceptable to the appropriate public official and approved by the Arkansas Ethics Commission.
Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained the following footnotes: A footnote to 7 CAR § 3-150(b) cited "65 Ark. Code Ann. § 21-8-701(c)(2)". A footnote to 7 CAR § 3-150(c) cited "66 Act 553 of 1999, codified at Ark. Code Ann § 21-8-701(c)(1)". A footnote to 7 CAR § 3-150(d) cited "67 Subsections (a) - (c) are derived directly from Ark. Code Ann. § 21-8-701. See also Arkansas Ethics Commission Opinion No. 97-EC-014, which discusses debts arising out of the ordinary course of business". A footnote to 7 CAR § 3-150(e)(5) cited "68 Ark. Code Ann. § 21-8-703".