§ 23-115-208 — Sovereign immunity

(a) This chapter does not waive the sovereign immunity of the State of Arkansas. (b) (1) A claim in contract or in tort against the Office of the Arkansas Lottery or its employees shall be presented to the office. (2) The office shall promulgate rules concerning the consideration of claims in contract or in tort presented to the office, including without limitation rules concerning the conduct of hearings on claims in contract or in tort. (c) (1) A claimant may appeal the decision of the office under subsection (b) of this section to the Arkansas State Claims Commission. (2) The claimant may: (A) Within forty (40) days after the decision is rendered, file with the commission a notice of appeal of the decision of the office; (B) Within forty (40) days after the decision is rendered, file with the office a motion for reconsideration requesting the office to reconsider its decision; and (C) Within twenty (20) days after the office's reconsideration or denial of the motion for reconsideration, file with the commission a notice of appeal of the decision of the office. (3) When the office notifies parties of a decision of the office, it shall advise the parties of the right of appeal. (d) (1) (A) Except as provided in subdivisions (d)(2)-(4) of this section, appeals of claims in contract or in tort against the office or its employees shall be conducted by the commission in the same manner as a claim under § 19-10-201 et seq. (B) The commission shall consider an appeal de novo. (2) A decision of the commission relating to a claim in contract or in tort against the office or its employees shall not be appealed to the General Assembly. (3) (A) A valid claim in any amount against the office shall not be referred to the General Assembly for an appropriation. (B) The Clerk of the Arkansas State Claims Commission shall notify the office of the amount of the valid claim. (C) Upon receipt of notification from the clerk, the office shall deliver a check to the clerk, who shall deposit the sum as a nonrevenue receipt into the Miscellaneous Revolving Fund from which he or she shall disburse the amount of the claim to the claimant. (4) Written reports under § 19-10-212 shall be filed with the Legislative Council.

Legislative History

Amended by Act 2015, No. 1258,§ 25, eff. 7/22/2015. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.