AAC
AG Opinions: ACD valuations, mental health evaluations, and fire districts AG OPINION NO. 2019-053
Te Attorney General weighed in on the authority of the Assessment Coordination Division (ACD) of the Depart- ment of Finance and Administration to issue valuation models and guidelines. Te AG explained the ACD is not required to submit their valuation models for poultry houses for the approval of the General Assembly under Amendment 92. Te various evaluation models that the ACD issues are not rules. Amendment 92 of the Arkansas Constitution did not change the meaning of what constitutes a rule by a state agency. Te evaluation models of the ACD do not interpret or prescribe law or policy; and therefore, are not subject to review by the General Assembly. Te ACD guidance and evaluation models are necessary to assist assessors in perform- ing their duties under the Arkansas Constitution to assess real and personal property in Arkansas.
AG OPINION NO. 2019-052
Te AG determined that a circuit judge may not consider a criminal defendant’s status as an indigent in whether or not to order a mental evaluation. A court-ordered mental evalua- tion can not be granted or denied based upon the defendant’s economic status. Tere is some suggestion that a court may order a fitness to proceed evaluation under ACA §5-2-327 and require the non-indigent defendant to cover those costs even if the state requests the examination. A criminal defen- dant may request and be granted the ability to seek his or her own independent evaluation. A second opinion evaluation. Te state is not required to pay for shopping for doctors. Te state has no obligation to pay for an evaluation retained by the defendant as per ACA § 16-86-105.
AG OPINION NO. 2019-067 Te AG explained some of the distinctions between an
advisory board and administrative board as provided by ACA § 14-14-705. Counties can elect by ordinance whether to
AG OPINIONS
establish an advisory board or administrative board. A county advisory board lacks decision- making authority, is not a gov- erning body, and therefore may not be subject to the Freedom of Information Act (FOIA). Te AG noted that the lack of codification of an ordinance, such as the ordinance creating the county election commission advisory, does not render an ordinance invalid. Te AG explained that if the county fol- lowed the requisites under the law for the adoption of an or- dinance, it is not to be held invalid for failure to be confided within a uniform code.
Mark Whitmore AAC Chief Counsel
AG OPINION NOs. 2019-032 and 2019-064 Te AG responded to inquiries from the Hon. Daniel
Shue, prosecuting attorney, Twelfth Judicial District, con- cerning Act 1077 of 2019, which sought to provide for the establishment and continuation of a fire protection district in the absence of the will of the people. Previous AG Opin- ions Nos. 2019-0032 and 2018-136 interpreted Act 1077 of 2019, ACA § 14-284-226. Te AG determined that the act was not retroactive and came into effect prospectively. Te AG determined that Act 1077 of 2019 did not violate Amendment 30 of the Arkansas Constitution or the power of the quorum court to enact county taxes. Te AG concluded that the assessments of fire protection districts are merely assessments and not taxes. Te AG explicitly determined that the act does not violate separation of powers under Article 4, Section 2, of the Arkansas Constitution. Te AG indi- cated that there’s no established procedure to be followed if a quorum court refuses to establish a fire protection district as provided by Act 1077 of 2019.
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