Ark. Code Ann. § 16-113-305 (2026)
Stay of enforcement of statutes or orders of administrative boards
In all cases where applications are made in any court in this state having jurisdiction thereof to enforce any statute or order of an administrative board or commission of this state, a stay against the enforcement of the statute or order may be issued by the court pending the determination of the suit by the state court.
History. Acts 1935, No. 94, § 1; Pope's Dig., § 7542; A.S.A. 1947, § 32-105.
Case Notes
Applicability.
In an action challenging a regulation issued by the Game and Fish Commission which prohibited commercial duck hunting guides from operating on three wildlife management areas on Saturdays and Sundays during the duck hunting season and also prohibited waterfowl hunters from hunting while being guided by a commercial duck guide on those same areas on weekends, the plaintiffs were not entitled to a stay under this section as the plaintiffs did not make an application to enforce any statute or order. Ark. State Game & Fish Comm'n v. Sledge, 344 Ark. 505, 42 S.W.3d 427 (2001).
Federal Courts.
The filing of an action in the state court to enforce an order of the state refunding board in which a stay was entered was held not to prevent the federal district court from proceeding with the suit to enjoin the execution of such order where the state court action was only a sham proceeding in which there was no real dispute between the parties concerned. Peltason, Tenebaum & Harris, Inc. v. Refunding Bd., 16 F. Supp. 179 (W.D. Ark. 1935).