REPEAL Minority Business Enterprise and Women-Owned Business Enterprise Certification Program, 15 CAR pt. 183

The Arkansas Economic Development Commission (the “AEDC”) is proposing to repeal its existing Minority Business Enterprise and Women-Owned Business Enterprise Certification Program Rules. AEDC maintains that the proposed repeal is necessary to maintain compliance with Act 116, enacted during the 2025 Regular Session. Specifically, the rule repeal is necessary to maintain compliance with Ark. Code Ann. § 25-1-130, which prohibits the state from engaging in discrimination or preferential treatment on the basis of sex, race, ethnicity, or national origin. The repeal of this rule serves to maintain statutory compliance and limit AEDC’s liability.

A public hearing was held on this rule on October 15, 2025. The public comment period expired October 28, 2025. The commission indicated it received no public comments. Isaac Linam, an attorney with the Bureau of Legislative Research, asked the following questions: QUESTION (1) Arkansas Code § 15-4-314(a) provides that “the Arkansas Economic Development Commission shall promulgate rules to create a certification process for minority business enterprises and women-owned business enterprises”. Given that rulemaking is required under that statute, can you provide your legal rationale for repealing this rule despite the mandatory rulemaking language? RESPONSE: Act 116 of 2025 expressly prohibits discrimination by public entities on the basis of race, sex, color, ethnicity, or national origin. As a result of the Act, a certification process for Minority Business and Women-Owned businesses is no longer necessary, as it would only assist in the administration of a program now prohibited by Act 116. If a new rule becomes necessary in the future, AEDC can promulgate a rule appropriate to the new legislation. But there is no reason at this point in time to promulgate a rule for a statute tha

• Rule packet: C.2.a. REPEAL Minority Business Enterprise and Women-Owned Business Enterprise and Acts 2025 No 116
• ALC summary agenda Feb 19, 2026
• ALC agenda Feb 19, 2026
• ALC meeting video Feb 19, 2026
• Arkansas Register, April 2026