ARKANSAS ADMINISTRATIVE LAW
PROFESSIONAL TEST EXAM QUESTIONS WITH
CORRECT ANSWERS AND RATIONALES LATEST
2026 TREND
Section 1: Arkansas Administrative Procedure Act (APA) - Core
Concepts
1. The Arkansas Administrative Procedure Act (APA) is codified in
which section of the Arkansas Code?
A) Title 15, Chapter 25
B) Title 25, Chapter 15, Subchapter 2
C) Title 20, Chapter 10
D) Title 5, Chapter 4
Correct Answer: B
Rationale: The Arkansas Administrative Procedure Act is found in Title
25, Chapter 15, Subchapter 2 of the Arkansas Code . This subchapter is
known and cited as the "Arkansas Administrative Procedure Act" under
§ 25-15-201 .
2. Under the Arkansas APA, which entities are EXCLUDED from
the definition of "agency"?
A) Boards, commissions, and departments
B) The General Assembly, the courts, and the Governor
C) The Division of Child Care and Early Childhood Education
D) Officers of the state government
,Correct Answer: B
Rationale: The APA defines "agency" as "a board, commission,
department, officer, or other authority of the government of the State of
Arkansas" but explicitly excludes "the General Assembly, the courts, and
Governor" . The Division of Child Care and Early Childhood Education
is specifically included as an agency for purposes of administrative
appeal .
3. Which of the following is NOT included in the definition of
"agency" under the Arkansas APA?
A) Arkansas Public Service Commission
B) Department of Human Services
C) State Board of Accountancy
D) Arkansas Pollution Control and Ecology Commission
Correct Answer: A (and D)
Rationale: The Arkansas APA specifically excludes the Arkansas Public
Service Commission, the Arkansas Pollution Control and Ecology
Commission, the Workers' Compensation Commission, and the Division
of Workforce Services from the definition of "agency" . The General
Assembly determined these agencies have existing laws providing
adequate administrative procedures. However, these agencies are
included for purposes of §§ 25-15-216 and 25-15-218 .
4. Under the APA, what is the minimum notice period required
before an agency adopts, amends, or repeals a rule?
A) 15 days
B) 30 days
, C) 45 days
D) 60 days
Correct Answer: B
Rationale: § 25-15-204(a)(1)(A) requires agencies to give at least thirty
(30) days' notice of intended action prior to the adoption, amendment, or
repeal of a rule. The thirty-day period begins on the first day of
publication of notice .
5. In addition to 30 days' notice, what is the newspaper publication
requirement for proposed rulemaking?
A) One day in a newspaper of general circulation
B) Three consecutive days in a newspaper of general daily
circulation
C) Seven consecutive days in a newspaper of general daily
circulation
D) Fourteen consecutive days in a newspaper of general daily
circulation
Correct Answer: C
Rationale: Unless otherwise provided by law, notice must be published
"in a newspaper of general daily circulation for seven (7) consecutive
days" . An earlier version of the statute required three days, but the
current law requires seven consecutive days.
6. An oral hearing on a proposed rule must be granted if requested
by:
A) Any single interested person
B) Ten persons
, C) Twenty-five persons, a governmental subdivision, or an
association with at least twenty-five members
D) Fifty persons
Correct Answer: C
Rationale: § 25-15-204(a)(2)(B) provides that "[o]pportunity for oral
hearing must be granted if requested by twenty-five (25) persons, by a
government subdivision or agency, or by an association having no fewer
than twenty-five (25) members" .
7. An emergency rule under the Arkansas APA:
A) Requires no notice but may be effective for up to 365 days
B) Requires a written finding of imminent peril and may be
effective for no longer than 120 days
C) Requires no written justification but is limited to 60 days
D) Must be approved by the Governor before taking effect
Correct Answer: B
Rationale: If an agency finds that "imminent peril to the public health,
safety, or welfare requires adoption of a rule upon less than thirty (30)
days' notice," it may proceed without prior notice or hearing by stating
its reasons in writing. The emergency rule may be effective for "no
longer than one hundred twenty (120) days" .
8. A person petitioning an agency for rulemaking must receive a
response within:
A) 15 days
B) 30 days
PROFESSIONAL TEST EXAM QUESTIONS WITH
CORRECT ANSWERS AND RATIONALES LATEST
2026 TREND
Section 1: Arkansas Administrative Procedure Act (APA) - Core
Concepts
1. The Arkansas Administrative Procedure Act (APA) is codified in
which section of the Arkansas Code?
A) Title 15, Chapter 25
B) Title 25, Chapter 15, Subchapter 2
C) Title 20, Chapter 10
D) Title 5, Chapter 4
Correct Answer: B
Rationale: The Arkansas Administrative Procedure Act is found in Title
25, Chapter 15, Subchapter 2 of the Arkansas Code . This subchapter is
known and cited as the "Arkansas Administrative Procedure Act" under
§ 25-15-201 .
2. Under the Arkansas APA, which entities are EXCLUDED from
the definition of "agency"?
A) Boards, commissions, and departments
B) The General Assembly, the courts, and the Governor
C) The Division of Child Care and Early Childhood Education
D) Officers of the state government
,Correct Answer: B
Rationale: The APA defines "agency" as "a board, commission,
department, officer, or other authority of the government of the State of
Arkansas" but explicitly excludes "the General Assembly, the courts, and
Governor" . The Division of Child Care and Early Childhood Education
is specifically included as an agency for purposes of administrative
appeal .
3. Which of the following is NOT included in the definition of
"agency" under the Arkansas APA?
A) Arkansas Public Service Commission
B) Department of Human Services
C) State Board of Accountancy
D) Arkansas Pollution Control and Ecology Commission
Correct Answer: A (and D)
Rationale: The Arkansas APA specifically excludes the Arkansas Public
Service Commission, the Arkansas Pollution Control and Ecology
Commission, the Workers' Compensation Commission, and the Division
of Workforce Services from the definition of "agency" . The General
Assembly determined these agencies have existing laws providing
adequate administrative procedures. However, these agencies are
included for purposes of §§ 25-15-216 and 25-15-218 .
4. Under the APA, what is the minimum notice period required
before an agency adopts, amends, or repeals a rule?
A) 15 days
B) 30 days
, C) 45 days
D) 60 days
Correct Answer: B
Rationale: § 25-15-204(a)(1)(A) requires agencies to give at least thirty
(30) days' notice of intended action prior to the adoption, amendment, or
repeal of a rule. The thirty-day period begins on the first day of
publication of notice .
5. In addition to 30 days' notice, what is the newspaper publication
requirement for proposed rulemaking?
A) One day in a newspaper of general circulation
B) Three consecutive days in a newspaper of general daily
circulation
C) Seven consecutive days in a newspaper of general daily
circulation
D) Fourteen consecutive days in a newspaper of general daily
circulation
Correct Answer: C
Rationale: Unless otherwise provided by law, notice must be published
"in a newspaper of general daily circulation for seven (7) consecutive
days" . An earlier version of the statute required three days, but the
current law requires seven consecutive days.
6. An oral hearing on a proposed rule must be granted if requested
by:
A) Any single interested person
B) Ten persons
, C) Twenty-five persons, a governmental subdivision, or an
association with at least twenty-five members
D) Fifty persons
Correct Answer: C
Rationale: § 25-15-204(a)(2)(B) provides that "[o]pportunity for oral
hearing must be granted if requested by twenty-five (25) persons, by a
government subdivision or agency, or by an association having no fewer
than twenty-five (25) members" .
7. An emergency rule under the Arkansas APA:
A) Requires no notice but may be effective for up to 365 days
B) Requires a written finding of imminent peril and may be
effective for no longer than 120 days
C) Requires no written justification but is limited to 60 days
D) Must be approved by the Governor before taking effect
Correct Answer: B
Rationale: If an agency finds that "imminent peril to the public health,
safety, or welfare requires adoption of a rule upon less than thirty (30)
days' notice," it may proceed without prior notice or hearing by stating
its reasons in writing. The emergency rule may be effective for "no
longer than one hundred twenty (120) days" .
8. A person petitioning an agency for rulemaking must receive a
response within:
A) 15 days
B) 30 days
