§ 11-4-219 — Judicial review

Arkansas § 11-4-219

• Jurisdiction: Arkansas
• Title: 11

Text

(a) Any interested person in any occupation for which any administrative rule has been issued under the provisions of this subchapter who may be aggrieved by any rule may obtain a review thereof in the circuit court of the county of the residence of the aggrieved party by filing in the court within twenty (20) days after the date of publication of the rule a written petition praying that the rule be modified or set aside. (b) A copy of the petition shall be served upon the Director of the Division of Labor. (c) (1) The court shall review the record of the proceedings before the director, and the director's findings of fact shall be affirmed if supported by substantial evidence. The court shall determine whether the rule is in accordance with law. (2) If the court determines that the rule is not in accordance with law, it shall remand the case to the director with directions to modify or revoke the rule. (d) (1) If application is made to the court for leave to adduce additional evidence by any aggrieved party, the party shall show to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence before the director. (2) If the court finds that the evidence is material and that reasonable grounds exist for failure of the aggrieved party to adduce the evidence in prior proceedings, the court shall remand the case to the director with directions that the additional evidence be taken before the director. (3) The director may modify his or her findings and conclusions, in whole or in part, by reason of the additional evidence. (e) Hearings in the circuit court on all appeals taken under the provisions of this subchapter shall take precedence over all matters except matters of the same character. The jurisdiction of the court shall be exclusive, and its judgment and decree shall be final, except that it shall be subject to review by the Supreme Court. (f) (1) The commencement of proceedings under subsections (a)-(d) of this section, unless specifically ordered by the court, shall not operate as a stay of an administrative rule issued under the provisions of this subchapter. (2) The court shall not grant any stay of an administrative rule unless the person complaining of the rule shall file an amount in the court, undertaking with a surety satisfactory to the court, for payment to the employees affected by the rule in the event that the rule is affirmed. The surety shall be in an amount by which the compensation the employees are entitled to receive under the rule exceeds the compensation they actually receive while the stay is in effect.

Legislative History

Amended by Act 2019, No. 315,§ 768, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 767, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 766, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5320, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 25, § 10; A.S.A. 1947, § 81-328; Acts 2001, No. 1423, § 10.