The opinion
The Honorable Dennis Young State Representative P.O. Box 1835 Texarkana, AR 75504
Dear Representative Young:
This is in response to your request for an opinion regarding the Arkansas Fire and Pension Review Board Rule #10. You state that Rule 10 "sets guidelines that are not established by law." The specific question posed is: "Can the [Board] establish rules that supersede the translation of the law?"
Please note that I have enclosed a copy of Attorney General Opinion 94-215 , wherein it was concluded that Rule 10 reflects a reasonable construction of the law. Id. at 2. As stated in Opinion 94-215 , I do not perceive a conflict between Board Rule 10 and the statute. The Board is given broad authority to promulgate rules and regulations, and thereby interpret the law. An agency's interpretation of a statute, while not conclusive, is highly persuasive. Ramsey v. Dept. of Human Services, 301 Ark. 285 , 783 S.W.2d 361 (1990). Rule 10 would, in my opinion, likely withstand scrutiny under this standard of review.
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Elisabeth A. Walker.
Sincerely,
WINSTON BRYANT Attorney General
WB:EAW/cyh