§ 27-16-913 — Right of appeal to court of record

(a) (1) A person denied a license or whose license has been suspended, disqualified, or revoked by the Office of Driver Services, within thirty (30) days of receipt of the decision by the Office of Driver Services to deny, suspend, disqualify, or revoke the license, may file a de novo petition of review in the Pulaski County Circuit Court or the circuit court in the county where the licensee or interested person resides. (2) A copy of the decision of the Office of Driver Services shall be attached to the petition. (3) A copy of the petition shall be served upon the Secretary of the Department of Finance and Administration in accordance with the Arkansas Rules of Civil Procedure. (4) A de novo petition to circuit court for review of a decision concerning a license under this section is not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) The filing of a petition of review shall not operate as an automatic stay of the decision of the hearing officer. (c) If a court issues an order staying the decision or placing the decision in abeyance, the court shall transmit a copy of the order to the Office of Driver Services in the same manner that convictions and orders relating to driving records are sent to the Office of Driver Services under § 27-16-302 . (d) (1) The circuit judge is vested with jurisdiction to determine whether the petitioner is entitled to a license or whether the decision of the hearing officer should be affirmed, modified, or reversed. (2) At the hearing, the burden of proof is on the state, and the decision shall be based on a preponderance of the evidence.

Legislative History

Amended by Act 2019, No. 910,§ 4669, eff. 7/1/2019. Acts 1937, No. 280, § 34; Pope's Dig., § 6858; A.S.A. 1947, § 75-338; Acts 1987, No. 976, § 2; 2011, No. 194, § 8.