(a)

(1) The Arkansas Livestock and Poultry Commission shall enter into a contract with a private entity that operates primarily as a livestock association to administer the registration and recording of marks and brands under this subchapter.

(2) When the commission enters into a contract under this subsection, the commission shall:

(A) Compensate the private entity for its services;

(B) Appoint the private entity as an agent of the commission for purposes of receiving fees allowed under this subchapter; and

(C) Except as provided in subsection (b) of this section, direct the private entity to perform duties assigned to the commission or the Deputy Director of the Arkansas Livestock and Poultry Commission under this subchapter.

(b) The commission shall not contract with a private entity to promulgate rules or set fees under this subchapter.

(c) Records concerning the administration of this subchapter are subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., regardless of whether the records are in the custody or control of the commission or a private entity acting as an agent of the commission under this section.

(d) A private entity entering into a contract with the commission under this section shall:

(1) Make a monthly accounting to the commission of all funds received by the private entity as an agency of the commission under this section; and

(2) File with the commission a surety bond of a corporate surety authorized to do business in this state in an amount determined by the commission, conditioned on the faithful performance of the private entity's duties and obligations as an agent of the commission under this subchapter.