§ 19-10-204 — Jurisdiction

Arkansas § 19-10-204

• Jurisdiction: Arkansas
• Title: 19

Text

(a) The Arkansas State Claims Commission has jurisdiction over: (1) A claim or action that is barred by the doctrine of sovereign immunity under Arkansas Constitution, Article 5, § 20, from being litigated in a court of general jurisdiction, except as otherwise provided by law; (2) A claim or action that solely addresses the receipting, processing, and reissuance of child support payments through the Arkansas Child Support Clearinghouse; (3) A claim or action to contest eligibility, qualification, or election to serve as a member of the House of Representatives for the purpose of making a nonbinding recommendation on the claim or action to that chamber of the General Assembly; and (4) A claim or action to recover reasonable attorney's fees and other litigation expenses reasonably incurred by a plaintiff who substantially prevails in an action under § 25-19-107 against the State of Arkansas or a state agency under the standard described in § 25-19-107(d)(1) . (b) The commission has no jurisdiction over a claim or action: (1) Against a municipality, county, school district, or any other political subdivision of the state; (2) Arising under: (A) The Workers' Compensation Law, § 11-9-101 et seq.; (B) The Division of Workforce Services Law, § 11-10-101 et seq.; (C) The Arkansas Teacher Retirement System Act, Acts 1973, No. 427; (D) The Arkansas Public Employees' Retirement System Act, Acts 1957, No. 177; (E) The State Police Retirement System Act, § 24-6-201 et seq.; or (F) Laws providing for old age assistance grants, child welfare grants, blind pensions, or any laws of a similar nature; (3) Against the state for repayment of child support, except in cases in which the underlying support order is set aside as void ab initio by the court and the child support paid was retained by the state as reimbursement for public assistance paid on behalf of a child; (4) Brought by a member of the uniformed armed services against the Department of the Military, the State Militia, or any subdivision of the State Militia, if the claim or action arises out of the performance of the claimant's military duty; (5) Brought against the Division of Community Correction for acts committed by a person while that person is subject to conditions of parole, post-release supervision, or probation under Arkansas law; (6) Brought against the Division of Correction for acts committed by inmates while on authorized release from the Division of Correction; (7) Brought against the Division of Youth Services for acts committed by juveniles released by the Division of Youth Services, whether or not the juvenile is subject to conditions of aftercare or probation; or (8) For state tax refunds under § 26-18-507 , a claim or action challenging tax assessments under § 26-18-406 , or a claim or action challenging tax laws under Arkansas Constitution, Article 16, § 13. (c) The commission shall not make an award for a claim or action that, as a matter of law, would be dismissed from a court of law for reasons other than sovereign immunity.

Legislative History

Amended by Act 2023, No. 659,§ 241, eff. 1/1/2024. Amended by Act 2019, No. 785,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 496, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 495, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 494, eff. 7/1/2019. Amended by Act 2013, No. 1478,§ 1, eff. 8/16/2013. Acts 1949, No. 462, § 2; 1983, No. 470, § 2; 1983, No. 677, § 7; A.S.A. 1947, § 13-1402; Acts 1991, No. 1014, § 2; 1997, No. 1298, § 1; 2001, No. 1625, § 1; 2003, No. 1282, § 1; 2003, No. 1468, § 1; 2009, No. 440, § 1.