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11-5-109. Order to correct conditions — Conclusiveness — Action to set aside.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-5-109. Order to correct conditions — Conclusiveness — Action to set aside.
(a) The findings and orders shall be prima facie valid, reasonable, and just and shall be conclusive unless attacked and set aside in the manner provided in subsections (b) and (c) of this section.
(b)(1) The owner or owners, manager, superintendent, or other person in control or management of any place or establishment covered by this chapter, and directly affected by any finding or order provided for in §§ 11-5-107 and 11-5-108, may, within fifteen (15) days from the date of the delivery to him, her, or them of a copy of the order as provided for in §§ 11-5-107 and 11-5-108, file a petition setting forth the particular cause of objection to the order and findings in a court of competent jurisdiction against the Director of the Division of Labor.
(2) The action shall have precedence over all other causes of a different nature and shall be tried and determined as other civil causes in the court.
(3) If the court is in session at the time the cause of action arises, the suit may be filed during the term and stand ready for trial after ten (10) days' notice.
(c)(1) Either party may appeal but shall not have the right to sue out a writ of error from the trial court.
(2) The appeal shall at once be returnable to the proper appellate court at either of its terms and shall have precedence in the appellate court over other causes of a different nature.
(d) In any trial under this section, the burden shall be upon the plaintiff to show that the findings and order complained of are illegal, unreasonable, or unjust to the plaintiff.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-5-109
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:11-5-109
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: dc1ee404af786cf43dc4b5a159f5989d24b555df1144f9747d1dcbc765272d83
Source location: content.xml paragraph 1854
Stored source content
11-5-109. Order to correct conditions — Conclusiveness — Action to set aside.
(a) The findings and orders shall be prima facie valid, reasonable, and just and shall be conclusive unless attacked and set aside in the manner provided in subsections (b) and (c) of this section.
(b)(1) The owner or owners, manager, superintendent, or other person in control or management of any place or establishment covered by this chapter, and directly affected by any finding or order provided for in §§ 11-5-107 and 11-5-108, may, within fifteen (15) days from the date of the delivery to him, her, or them of a copy of the order as provided for in §§ 11-5-107 and 11-5-108, file a petition setting forth the particular cause of objection to the order and findings in a court of competent jurisdiction against the Director of the Division of Labor.
(2) The action shall have precedence over all other causes of a different nature and shall be tried and determined as other civil causes in the court.
(3) If the court is in session at the time the cause of action arises, the suit may be filed during the term and stand ready for trial after ten (10) days' notice.
(c)(1) Either party may appeal but shall not have the right to sue out a writ of error from the trial court.
(2) The appeal shall at once be returnable to the proper appellate court at either of its terms and shall have precedence in the appellate court over other causes of a different nature.
(d) In any trial under this section, the burden shall be upon the plaintiff to show that the findings and order complained of are illegal, unreasonable, or unjust to the plaintiff.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-5-107. Inspection of working place — Findings.
(a) The Director of the Division of Labor or any of his or her deputies or inspectors shall have the right to enter any factory, mill, workshop, mercantile establishment, laundry, or other establishment where three (3) or more persons are employed for the purpose of making inspections and enforcing the provisions of §§ 11-5-101 — 11-5-111.
(b) They are empowered upon finding any violation of §§ 11-5-101 — 11-5-111 by reason of unsanitary conditions which will endanger the health of the employees therein employed, by reason of neglect to remove and prevent fumes and gases or odor injurious to employees, by reason of the failure or refusal to comply with any requirement of §§ 11-5-101 — 11-5-111, or by reason of the inadequacy or insufficiency of any plan, method, practice, or device employed in assumed compliance with any of the requirements of §§ 11-5-101 — 11-5-111 to pass upon and to make a written finding as to the failure or refusal to comply with any requirement of §§ 11-5-101 — 11-5-111 or as to adequacy or sufficiency of any practice, plan, or method used in or about any place mentioned in §§ 11-5-101 — 11-5-111 in supposed compliance with any of the requirements of §§ 11-5-101 — 11-5-111.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-5-107
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 11-5-107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-5-108. Order to correct conditions — Issuance.
(a) The Director of the Division of Labor or any of his or her deputies or inspectors may issue a written order to the owner, manager, superintendent, or other person in control or management of the place or establishment for the correction of any condition caused or permitted in or about the place or establishment in violation of any of the requirements of §§ 11-5-101 — 11-5-111, or of any condition, practice, plan, or method used therein or thereabouts in supposed compliance with any requirement of §§ 11-5-101 — 11-5-111 but which are found to be inadequate or insufficient, in any respect, to comply therewith, and shall state in the order how the conditions, practices, plans, or methods, in any case, shall be corrected and the time within which they shall be corrected, a reasonable time being given in the order therefor.
(b) One (1) copy of the order shall be delivered to the owner, manager, superintendent, or other person in control or management of the place or establishment, and one (1) copy shall be filed in the office of the Division of Labor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-5-108
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 11-5-108. This identifies an authority to review, not proof of applicability.