§ 23-115-209 — Appealing administrative orders of Office of the Arkansas Lottery

Arkansas § 23-115-209

• Jurisdiction: Arkansas
• Title: 23

Text

(a) A retailer, a vendor, or an applicant for a contract or a retailer license aggrieved by an administrative order of the Office of the Arkansas Lottery may appeal that decision to Pulaski County Circuit Court. (b) The circuit court shall hear appeals from administrative orders of the office, and based upon the record of the proceedings before the office, may reverse the administrative order of the office only if the person appealing the administrative order proves the administrative order to be: (1) Clearly erroneous; (2) Procured by fraud; (3) A result of substantial misconduct by the office; or (4) Contrary to the United States Constitution, the Arkansas Constitution, or this chapter. (c) The circuit court may remand an appeal to the office to conduct further hearings. (d) (1) A person who appeals the award of a contract, including without limitation a major procurement contract, is liable for all costs of appeal and defense if the appeal is denied or the contract award upheld. (2) If upon the motion of the office the circuit court finds the appeal to have been frivolous, the cost of appeal and defense shall include without limitation the following expenses of the office resulting from institution of the appeal: (A) Court costs; (B) Bond; (C) Legal fees; and (D) Loss of income. (3) A person appealing the award of a contract may be entitled to the reasonable costs incurred in connection with the contract solicitation, including without limitation bid preparation costs.

Legislative History

Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, §§ 29, 30.