(a) General Provisions. The value of anything transferred or received in breach of the ethical standards of this subchapter, or rules promulgated under this subchapter, by an employee or a nonemployee may be recovered from both the employee and the nonemployee.
(b) Recovery of Kickbacks by the State. Upon a showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order thereunder, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the state and will be recoverable under this subchapter from the recipient. In addition, this value may also be recovered from the subcontractor making such kickbacks. Recovery from one (1) offending party shall not preclude recovery from other offending parties.
Structure Arkansas Code
Chapter 11 - Purchasing and Contracts
§ 19-11-703. Statement of policy
§ 19-11-704. General standards of ethical conduct
§ 19-11-705. Employee conflict of interest
§ 19-11-706. Employee disclosure requirements
§ 19-11-707. Gratuities and kickbacks
§ 19-11-708. Prohibition against contingent fees
§ 19-11-709. Restrictions on employment of present and former employees — Definition
§ 19-11-710. Use of confidential information
§ 19-11-711. Public access to procurement information
§ 19-11-712. Civil and administrative remedies against employees who breach ethical standards
§ 19-11-713. Civil and administrative remedies against nonemployees who breach ethical standards
§ 19-11-714. Recovery of value transferred or received in breach of ethical standards
§ 19-11-715. Duties of Secretary of the Department of Finance and Administration
§ 19-11-716. Participation in business incubators — Rules and guidelines
§ 19-11-717. State-supported institutions of higher education
§ 19-11-718. Special state employees — Conflicts of interest — Definitions