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11-2-114. Judicial review of rules.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-2-114. Judicial review of rules.
(a)(1) Any person aggrieved by a rule of the Director of the Division of Labor made pursuant to § 11-2-112 may commence an action in the Pulaski County Circuit Court against the Division of Labor, as defendant, to set aside the rule on the ground that it is unlawful or unreasonable.
(2) The action and the pleadings shall be governed by the laws and rules of practice applicable to other civil actions in the court.
(3) Any action brought under this section shall be commenced within thirty (30) days from the effective date of the rule.
(b)(1) All rules of the director shall be prima facie lawful and reasonable and shall not be held invalid because of any technical defect, provided there is substantial compliance with the provisions of this subchapter.
(2) All rules shall be conclusively presumed to be lawful and reasonable if the action is not commenced within thirty (30) days from the date of the rule as provided in this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-2-114
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:11-2-114
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2a663091114930455c8afecc95dd935be107be2a336692c4898d019c2c5d61fe
Source location: content.xml paragraph 285
Stored source content
11-2-114. Judicial review of rules.
(a)(1) Any person aggrieved by a rule of the Director of the Division of Labor made pursuant to § 11-2-112 may commence an action in the Pulaski County Circuit Court against the Division of Labor, as defendant, to set aside the rule on the ground that it is unlawful or unreasonable.
(2) The action and the pleadings shall be governed by the laws and rules of practice applicable to other civil actions in the court.
(3) Any action brought under this section shall be commenced within thirty (30) days from the effective date of the rule.
(b)(1) All rules of the director shall be prima facie lawful and reasonable and shall not be held invalid because of any technical defect, provided there is substantial compliance with the provisions of this subchapter.
(2) All rules shall be conclusively presumed to be lawful and reasonable if the action is not commenced within thirty (30) days from the date of the rule as provided in this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-2-112. Promulgation of rules.
(a) Before any rule is adopted, amended, or repealed, there shall be a public hearing thereon, notice of which shall be published at least once and not less than ten (10) days prior to the public hearing in such newspaper as the Director of the Division of Labor may prescribe.
(b)(1) All rules and all amendments and repeals thereof shall, unless otherwise prescribed by the director, take effect thirty (30) days after the first publication thereof, and certified copies shall be filed in the office of the Secretary of State.
(2) Every rule adopted and every amendment or repeal shall be published in such manner as the director may determine, and the director shall deliver a copy to every person making application therefor. The director shall include the text of each rule or amendment in an appendix to the annual report of the Division of Labor next following the adoption or amendment of the rule.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-2-112
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-2-112. This identifies an authority to review, not proof of applicability.