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17-17-407. Jurisdiction.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-17-407. Jurisdiction.
(a) The Auctioneer's Licensing Board's jurisdiction and authority to award damages to an aggrieved party pursuant to § 17-17-405 is limited to actual compensatory damages. The board shall not award punitive or exemplary damages, nor shall it award interest on damages.
(b) The appellate jurisdiction of the circuit court is limited to the awarding of actual compensatory damages.
(c) The circuit court shall have no authority or jurisdiction to assess punitive or exemplary damages under this subchapter.
(d) The circuit court's jurisdiction over the Auctioneer Education and Recovery Fund shall be limited to appeals from the board's orders.
(e) The circuit court shall have no jurisdiction or authority to order payments from the fund in any amount in excess of either:
(1) The amount determined by the board; or
(2) The limits set forth in § 17-17-405.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-17-407
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:17-17-407
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 83c3a4796415518a84551424645de0ae869739f296c85548492f9c253e3da3ef
Source location: content.xml paragraph 3859
Stored source content
17-17-407. Jurisdiction.
(a) The Auctioneer's Licensing Board's jurisdiction and authority to award damages to an aggrieved party pursuant to § 17-17-405 is limited to actual compensatory damages. The board shall not award punitive or exemplary damages, nor shall it award interest on damages.
(b) The appellate jurisdiction of the circuit court is limited to the awarding of actual compensatory damages.
(c) The circuit court shall have no authority or jurisdiction to assess punitive or exemplary damages under this subchapter.
(d) The circuit court's jurisdiction over the Auctioneer Education and Recovery Fund shall be limited to appeals from the board's orders.
(e) The circuit court shall have no jurisdiction or authority to order payments from the fund in any amount in excess of either:
(1) The amount determined by the board; or
(2) The limits set forth in § 17-17-405.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-17-405. Disciplinary hearing — Recovery procedure.
(a)(1) In any disciplinary hearing before the Auctioneer's Licensing Board that involves a licensee who has allegedly violated any provision of this chapter, the board shall first determine whether a violation has occurred.
(2) If so, the board shall then determine the amount of damages, if any, suffered by the aggrieved party or parties. However, damages shall be limited to actual damages in accordance with § 17-17-407.
(3) The board shall then direct the licensee to pay that amount to the aggrieved party or parties.
(4)(A) If that amount has not been paid within thirty (30) calendar days following entry of the board's final order in the matter and the order has not been appealed to the circuit court, then upon request the board shall pay from the Auctioneer Education and Recovery Fund to the aggrieved party or parties the amount specified.
(B) However, the board shall not:
(i) Pay in excess of fifteen thousand dollars ($15,000) for any one (1) violation or continuing series of violations regardless of the number of licensees who participated in the violation or continuing series of violations; or
(ii) Pay an amount in excess of the fund balance.
(b) The question of whether certain violations constitute a continuing series of violations shall be a matter solely within the discretion and judgment of the board.
(c) Nothing within this subchapter shall obligate the fund for any amount in excess of a total of fifteen thousand dollars ($15,000) with respect to:
(1) The acts of any one (1) licensee; or
(2) Any group of related claims.
(d) Whether a claim is one (1) of a group of related claims shall be a matter solely within the discretion and judgment of the board.
(e) When unsatisfied or pendin
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-17-405
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 17-17-405. This identifies an authority to review, not proof of applicability.