Governing Law and Regulations
Audit privilege: Arkansas Code Annotated (AR Code Ann.) 8-1-301 to 8-1-312
Definitions: AR Code Ann. 8-1-302
Audit privilege: AR Code Ann. 8-1-303
Exceptions: AR Code Ann. 8-1-305
Waiver: AR Code Ann. 8-1-304
Stipulation: AR Code Ann. 8-1-306
Disclosure: AR Code Ann. 8-1-307
Partial disclosure: AR Code Ann. 8-1-311
Criminal proceedings: AR Code Ann. 8-1-309
Burden of proof: AR Code Ann. 8-1-310
Arkansas Department of Environmental Quality (ADEQ)
See ADDRESSES & CONTACTS addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. Arkansas has an audit privilege law that protects information obtained in the course of an environmental audit as inadmissible evidence in civil or administrative actions, including enforcement actions under state law. The privilege does not extend to criminal proceedings.
• Administration and enforcement. ADEQ administers and enforces Arkansas's audit privilege rules.
AR Code Ann. 8-1-302
An environmental audit is a voluntary, internal, and comprehensive evaluation of a facility, or an activity at one or more facilities that is designed to identify and prevent noncompliance and to improve compliance with statutory or regulatory requirements. An environmental audit may be conducted by the owner or operator, the owner's or operator's employees, or independent contractors.
Environmental Audit Report
An environmental audit report is a set of documents prepared as a result of an environmental audit and labeled "ENVIRONMENTAL AUDIT REPORT: PRIVILEGED DOCUMENT." The report includes:
- Field notes, records of observations, ...