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Arkansas Code Title 19. Public Finance § 19-10-211. Appeals of decisions--Jurisdiction--Time periods to file

Current as of March 28, 2024 | Updated by Findlaw Staff

(a)(1) Within forty (40) days after the Arkansas State Claims Commission transmits a final order on a claim or action before the commission, a party to the claim or action may file with the commission a:

(A) Notice of appeal of the final order to the General Assembly; or

(B)(i) Motion requesting that the commission reconsider its final order.

(ii)(a) If a motion for reconsideration is denied, a party may file with the commission a notice of appeal of the claim to the General Assembly within twenty (20) days of the commission's transmitting the order denying the motion for reconsideration.

(b) Subdivision (a)(1)(B)(ii)(a) of this section applies only if the commission's reconsideration constitutes a final order.

(2) The commission shall advise parties of the right of appeal under this section when the commission notifies the parties of the commission's final order.

(3) The General Assembly has exclusive jurisdiction to hear appeals under this section.

(b)(1)(A) The commission shall timely notify the General Assembly and all parties to the claim or action when a notice of appeal to the General Assembly is filed with the commission within the number of days permitted to file a notice of appeal.

(B) If a notice of appeal is submitted outside the number of days permitted to file a notice of appeal, the commission shall not:

(i) Accept the notice of appeal for filing; or

(ii) Transmit the notice of appeal to the General Assembly for consideration.

(C) If an untimely notice of appeal is submitted under subdivision (b)(1)(B) of this section, the commission shall notify all parties to the claim or action that the notice of appeal:

(i) Was submitted outside the number of days permitted to file a notice of appeal; and

(ii) Will not be transmitted to the General Assembly for consideration.

(2)(A) Notice provided to the General Assembly under subdivision (b)(1) of this section terminates the commission's jurisdiction over the claim or action.

(B) Unless ordered to do so by the General Assembly, the commission is prohibited from doing anything further on the claim or action aside from ordinary ministerial duties.

(3) The commission shall regain jurisdiction over the claim or action if, in consideration of an appeal of a final order, the General Assembly sends the claim or action back to the commission:

(A) For further proceedings consistent with any order of the General Assembly; or

(B) To notify the claimant that the award has been upheld, reversed, or amended.

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Cite this article: FindLaw.com - Arkansas Code Title 19. Public Finance § 19-10-211. Appeals of decisions--Jurisdiction--Time periods to file - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-19-public-finance/ar-code-sect-19-10-211/

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