§ 11-10-529 — Claims - Decision of Board of Review - Judicial review

Arkansas § 11-10-529

• Jurisdiction: Arkansas
• Title: 11

Text

(a) (1) (A) (i) Any party entitled to a decision of the Board of Review shall have thirty (30) calendar days from the date the decision is mailed to his or her last known address in which to request a judicial review by filing in the Court of Appeals a petition for review of the decision, and in the proceedings any other party to the proceeding before the board shall be made a party respondent. (ii) Only a party who has been adversely affected by a decision of the board that results in a pecuniary loss may file an appeal from a decision of the board. (B) (i) If mailed, a petition for review shall be considered filed as of the date of the postmark on the envelope. (ii) In the event of a nonexistent or illegible postmark, the Clerk of the Court of Appeals shall notify the appellant by mail. (iii) The appellant shall then have ten (10) calendar days from the posted mailing date of the clerk's notification letter to provide the court proof of timely mailing of the request for judicial review by producing a delivery confirmation or a certified mail return receipt document bearing evidence of the accurate post date. (C) (i) If the last day for taking action under this section falls on a Saturday, Sunday, legal holiday, or other day when the Clerk of the Court of Appeals' office is closed, the time for the action shall be extended to the next business day. (ii) In computing any period of time for taking action under this section, the day of the act that the designated period of time begins to run shall not be included. (2) (A) The petition for review need not be verified but shall state the grounds upon which the review is sought. (B) The Director of the Division of Workforce Services is made a party to the proceedings. (C) The petition shall be served upon the director by leaving with him or her, or such representative as he or she may designate for that purpose, as many copies of the petition as there are respondents. (b) (1) (A) With his or her answer or petition, the director shall file with the court a certified copy of the record of the case, including all documents and papers and a transcript of all testimony taken in the matter, together with the board's findings, conclusions, and decision. (B) The record shall be certified by the Chair of the Board of Review. (2) (A) Upon the filing of a petition for review by the director or upon the service of the petition on him or her, the director shall forthwith send by mail to each of the parties to the proceeding a copy of the petition. (B) The mailing shall be deemed to be completed service upon all such parties. (c) (1) In any proceeding under §§ 11-10-523 - 11-10-530 , the findings of the board as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive and the jurisdiction of the court shall be confined to questions of law. (2) (A) No additional evidence shall be received by the court, but the court may order additional evidence to be taken before the board. (B) The board may, after hearing the additional evidence, modify its findings of fact or conclusions and file the additional or modified findings and conclusions, together with a certified transcript of the additional record, with the clerk. (d) (1) The proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under the Workers' Compensation Law, § 11-9-101 et seq. (2) It shall not be necessary as a condition precedent to judicial review of any decision of the board to enter exceptions to the rulings of the board. (3) No bond shall be required as a condition of initiating a proceeding for judicial review or entering an appeal from the decision of the court upon the review.

Legislative History

Amended by Act 2023, No. 197,§ 3, eff. 3/6/2023. Amended by Act 2019, No. 910,§ 259, eff. 7/1/2019. Amended by Act 2013, No. 956,§ 2, eff. 7/1/2013. Acts 1941, No. 391, § 6; 1943, No. 138, § 8; 1953, No. 162, § 10; 1979, No. 252, § 2; 1981, No. 43, § 9; 1983, No. 482, § 38; A.S.A. 1947, § 81-1107; Acts 1997, No. 234, § 20; 2003, No. 1223, § 11.