004.00.17 Ark. Code R. 002

Current through Register Vol. 49, No. 9, September, 2024
Rule 004.00.17-002 - AR-001 Administrative Regulations, Directives and Memoranda
001 Administrative Regulations, Directives and Memoranda
I.POLICY:

The Board of Corrections is vested with the authority to promulgate Administrative Regulations by Act 50 of 1968 as amended by the Administrative Procedures Act (Act 434 of 1967 as amended). It shall be the policy of the Department to formulate such Administrative Regulations, Directives and Memoranda to provide for the lawful, safe, orderly, and responsible operation of the Department. Applicable staff shall be notified of, provided access to, trained if necessary and held responsible for abiding by these policies. The Warden/Center Supervisor is responsible for placement of Regulations, Directives and Memoranda that are applicable to the inmate population in areas where inmates will have access to them. It is the responsibility of the Warden/Center Supervisor to make sure the inmate population is aware of the guidelines applicable to them.

II.EXPLANATION:

Administrative Regulation 001 establishes the process by which the Arkansas Department of Correction formulates, amends and repeals Administrative Regulations, Directives, and Memoranda. This Administrative Regulation also applies to the Board of Corrections, the Director, and such staff as the Director may charge with the responsibility of formulating, amending, and/or reviewing departmental regulations and policies.

III.DEFINITIONS:
A. Administrative Regulations: Official statements approved by the Board of Corrections and the General Assembly that are filed with the Secretary of State. They are also the general policies which guide the operation of the Arkansas Department of Correction. Prior to their submission to any committee of the General Assembly, staff will ensure that all proposed new Administrative Regulations and proposed amendments to existing Administrative Regulations are submitted to Governor, as appropriate, for their review or approval.
B. Administrative Directives: Official statements, authorized by the Director, which explain Administrative Regulations, laws, policies, and establish specific procedures for their implementation throughout the Department.
C. Administrative Memoranda: Official statements specifying procedures for applying an Administrative Regulation or Directive, a law or policy to a particular area of operation. An Administrative Memorandum may also be issued to establish day-to-day operational procedures not specifically covered by Administrative Regulations, law or policy. The Deputy Director, Assistant Director, Administrator, or Warden/Center Supervisor responsible for operation of that area must approve or authorize the Administrative Memorandum.
IV.PROCEDURES:
A. The procedures for formulating, amending or deleting an Administrative Regulation, Directive, or Memorandum will be specified in an Administrative Directive.
B. Those staff authorized to do so, shall issue Administrative Directives and Memoranda, as necessary to guide staff in implementation of Administrative Regulations and to regulate day-to-day operation in specific areas.
C. Pre-Service and In-Service training shall be conducted to familiarize staff with all Administrative Regulations, Directives, and Memoranda. The issuing authority shall ensure that affected staff are notified of, provided access to, trained if necessary and held responsible for abiding by these policies.
D. All Administrative Regulations, Directives and Memoranda should be reviewed, at least annually.
E. All Administrative Regulations, Administrative Directives and Administrative Memoranda shall be preserved and maintained by the Department of Correction in electronic format with availability and distribution determined by current law and policies.

Board Approval Date: 5/11/2018

Reference: N/A

Effective Date: 5/21/2018

Supersedes: 001

Dated: 5/11/2018

004.00.17 Ark. Code R. 002

5/11/2018