Ark. Code Ann. » Title 25 Chapter 15
Arkansas Code Annotated

Ark. Code Ann. § 25-15-214 (2026)

Failure of agency to act — Action by injured party

✓ current as of May 2026
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In any case of rule making or adjudication, if an agency shall unlawfully, unreasonably, or capriciously fail, refuse, or delay to act, any person who considers himself or herself injured in his or her person, business, or property by the failure, refusal, or delay may bring suit in the circuit court of any county in which he or she resides or does business, or in Pulaski County Circuit Court, for an order commanding the agency to act.

History. Acts 1967, No. 434, § 7; A.S.A. 1947, § 5-707; Acts 2001, No. 1648, § 7.

Case Notes

Constitutionality.

The designation of the chancery court as the court in which to bring suit to compel action by an agency is unconstitutional and, upon sustaining a demurrer to a complaint for mandamus on the ground of such unconstitutionality, it was appropriate for the chancery court to transfer the case to law. Harber v. Rhodes, 248 Ark. 1188, 455 S.W.2d 926 (1970).

Applicability.

Appellees' requests for injunctive relief made in their complaint and subsequent amended complaints clearly sought to seek control the actions of the Arkansas Department of Environmental Quality (ADEQ); appellees' suit was barred by the sovereign-immunity doctrine because it had not been waived by this section; because specific procedures were provided for elsewhere, the Arkansas Administrative Procedures Act did not apply to the ADEQ. Ark. Dep't of Envtl. Quality v. Al-Madhoun, 374 Ark. 28, 285 S.W.3d 654 (2008).

Exception to sovereign immunity did not exist and the exception did not apply; the exception for ultra vires, arbitrary, capricious, or bad-faith acts did not apply. Arkansas Lottery Comm'n v. Alpha Mktg., 2013 Ark. 232, 428 S.W.3d 415 (2013).

Failure to Act.

The sufficiency of a notice of hearing given by an agency does not constitute a failure or refusal to act under this section, and a circuit court is thus without jurisdiction on this matter. Ark. State Medical Bd. v. Cross, 256 Ark. 388, 507 S.W.2d 709 (1974).

Cited: Dep't of Human Servs. v. Parker, 88 Ark. App. 222, 197 S.W.3d 33, 2004 Ark. App. LEXIS 769 (2004).

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2000–2022 · leading case: Arkansas Dep't of Env't Quality v. Al-Madhoun, 285 S.W.3d 654 (Ark. 2008).
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Arkansas Dep't of Env't Quality v. Al-Madhoun, 285 S.W.3d 654 (Ark. 2008). · cites it 13× “They admit that Ark. Code Ann. § 25-15-214 (Repl. 2002) is a codified exception to the State’s immunity, but contend that the facts pled by Appellees in each of their complaints fail to meet this immunity exception.”
Arkansas Dep't of Env't Quality v. Oil Producers of Arkansas, 318 S.W.3d 570 (Ark. 2009). · cites it 10× “Ark.Code Ann. § 25-15-214 (2007). This court has held that section 25-15-214 authorizes a circuit court to order an agency that fails to act to do so, when that failure injures a person or that person’s property and when the agency has acted unlawfully, unreasonably, or…”
Oliver v. Pulaski Cnty. Circuit Court, 13 S.W.3d 156 (Ark. 2000). · cites it 12× “[2] We hold that the petitioner has fallen short in establishing that there has been a plain, manifest, clear, and gross abuse of discretion without any other remedy such as appeal.”
Arkansas Dep't of Educ.; Johnny Key, in His Off. Capacity as Arkansas Comm'r of Educ.; & Diane Zook, Susan Chambers, Charisse Dean, R. Brett Williamson, O. Fitzgerald Hill, Ouida Newton, Sarah Moore, & Kathy McFetridge, in Their Off. Capacities as Members of the Arkansas State Bd. of Educ. v. Amber Booth McCoy; Don Booth; Katherine Lu; Eugene Lu; & Skye Adams, 2021 Ark. 136 (Ark. 2021). · cites it 16× “4 See Ark. Code Ann. § 25-15-214 (Repl. 2014). Because the circuit court lacked subject-matter jurisdiction under section 25-15-214, we reverse and dismiss their APA claim.”
Arkansas Lottery Comm'n v. Alpha Mktg., 428 S.W.3d 415 (Ark. 2013). · cites it 2× “Ark.Code Ann. § 25-15-214 (Repl.2002). Thus, the APA authorizes the Pulaski County Circuit Court to command agencies failing or refusing to act to the injury of any person or their property to do so where the agency acts unlawfully, unreasonably, or capriciously.”
Arkansas Dep't of Fin. & Admin. v. 2600 Holdings, LLC, 2022 Ark. 140 (Ark. 2022). · cites it 2× “Ark. Code Ann. § 25-15-214 . To entertain whether the APA confers subject-matter jurisdiction would undermine the paramount law: the Arkansas Constitution.”
Arkansas Dep't of Fin. & Admin. v. 2600 Holdings, LLC, 2022 Ark. 140 (Ark. 2022). · cites it 2× “Ark. Code Ann. § 25-15-214 . To entertain whether the APA confers subject-matter jurisdiction would undermine the paramount law: the Arkansas Constitution.”
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