Arkansas Code
Subchapter 2 - Department of Agriculture
§ 25-38-202. Creation — Appointment of secretary — Definition

(a) There is created the Department of Agriculture as a cabinet-level department under § 25-43-201.
(b)
(1) The executive head of the department shall be the Secretary of the Department of Agriculture.
(2) The secretary shall be selected by the Arkansas Agriculture Board, and the name shall be submitted to the Governor and the Senate for confirmation. The secretary shall serve at the pleasure of the Governor.
(3) The secretary may:
(A) Delegate to the employees of the Department of Agriculture any of the powers or duties of the department required to administer the:
(i) Statutory duties; and
(ii) Rules, orders, or directives promulgated or issued by the:
(a) Abandoned Pesticide Advisory Board;
(b) Arkansas Agriculture Board;
(c) Arkansas Boll Weevil Eradication Committee;
(d) Arkansas Bureau of Standards;
(e) Arkansas Farm Mediation Office;
(f) Arkansas Fire Ant Advisory Board;
(g) Arkansas Forestry Commission;
(h) Arkansas Livestock and Poultry Commission;
(i) Arkansas Milk Stabilization Board;
(j) Arkansas Natural Resources Commission;
(k) Arkansas Seed Arbitration Committee;
(l) Arkansas State Board of Registration for Foresters;
(m) Arkansas State Board of Registration for Professional Soil Classifiers;
(n) Arkansas Unpaved Roads Program;
(o) Commission on Water Well Construction;
(p) Litter Utilization Committee;
(q) Ouachita River Commission;
(r) Private Wetland and Riparian Zone Creation, Restoration, and Conservation Committee;
(s) Red River Compact Commission;
(t) State Plant Board;
(u) Veterinary Medical Examining Board;
(v) Wetlands Technical Advisory Committee; or
(w) Other state entities under the Department of Agriculture;

(B) Hire department personnel, unless otherwise provided by law; and
(C) Perform or assign duties assigned to the Department of Agriculture.

(4)
(A) When exercising his or her duties with regards to the State Plant Board, the secretary shall work in consultation with the Director of the State Plant Board and the State Plant Board.
(B) As used in subdivision (b)(4)(A) of this section, “consultation” means coordinating with, giving input, reviewing, and recommending, but shall not require approval or consent.