Ark. Code Ann. » Title 19 Chapter 10
Arkansas Code Annotated

Ark. Code Ann. § 19-10-211 (2020)

Appeals of decisions — Jurisdiction — Time periods to file

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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    1. Within forty (40) days after the Arkansas State Claims Commission issues a final order on a claim or action before the commission, a party to the claim or action may file with the commission a:
      1. Notice of appeal of the final order to the General Assembly; or
        1. Motion requesting that the commission reconsider its final order.
          1. 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 entry of the order denying the motion for reconsideration.
          2. 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.
    1. 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.
      1. Notice provided to the General Assembly under subdivision (b)(1) of this section terminates the commission's jurisdiction over the claim or action.
      2. 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:
      1. For further proceedings consistent with any order of the General Assembly; or
      2. To notify the claimant that the award has been upheld, reversed, or amended.

History. Acts 1997, No. 33, § 1; 2019, No. 785, § 2.

Amendments. The 2019 amendment added “Jurisdiction — Time periods to file” in the section heading; and rewrote the section.

Case Notes

Presumption of Regularity.

Circuit court properly dismissed a contractor's due process challenge to the method by which breach of contract claims against the State are resolved because the Arkansas Constitution makes clear that it is the duty of the General Assembly and its review subcommittees (which decide appeals from the Arkansas State Claims Commission) to make the very determinations challenged by the contractor and the contractor failed to establish a conflict of interest sufficient to overcome the presumption of impartiality to which the State Claims Commission and the General Assembly are clearly entitled. Thus, the contractor did not demonstrate an unconstitutional act that excepted its due-process claim from the State's sovereign immunity. Duit Constr. Co. v. Ark. State Claims Comm'n, 2015 Ark. 462, 476 S.W.3d 791 (2015), cert. denied, 137 S. Ct. 42, 196 L. Ed. 2d 28 (2016).

Notes of Decisions
Cited in 2 cases, 1998–2015 · leading case: Hanley v. Arkansas State Claims Comm'n, 970 S.W.2d 198 (Ark. 1998).
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Hanley v. Arkansas State Claims Comm'n, 970 S.W.2d 198 (Ark. 1998). · cites it 4× “" Codified at Ark. Code Ann. § 19-10-211 (Supp. 1997) (emphasis added).”
Duit Constr. Co v. Arkansas State Claims Comm'n, 2015 Ark. 462, 476 S.W.3d 791. · cites it 4× “2009); Ark. Code Ann. § 19-10-211 (a) (Repl. 2007); Fireman’s Ins.”
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