Browse Arkansas Code titles and sections
19-10-204. Jurisdiction.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-10-204. Jurisdiction.
(a) The Arkansas State Claims Commission has jurisdiction over:
(1) A claim or action that is barred by the doctrine of sovereign immunity under Arkansas Constitution, Article 5, § 20, from being litigated in a court of general jurisdiction, except as otherwise provided by law;
(2) A claim or action that solely addresses the receipting, processing, and reissuance of child support payments through the Arkansas Child Support Clearinghouse;
(3) A claim or action to contest eligibility, qualification, or election to serve as a member of the House of Representatives for the purpose of making a nonbinding recommendation on the claim or action to that chamber of the General Assembly; and
(4) A claim or action to recover reasonable attorney's fees and other litigation expenses reasonably incurred by a plaintiff who substantially prevails in an action under § 25-19-107 against the State of Arkansas or a state agency under the standard described in § 25-19-107(d)(1).
(b) The commission has no jurisdiction over a claim or action:
(1) Against a municipality, county, school district, or any other political subdivision of the state;
(2) Arising under:
(A) The Workers' Compensation Law, § 11-9-101 et seq.;
(B) The Division of Workforce Services Law, § 11-10-101 et seq.;
(C) The Arkansas Teacher Retirement System Act, Acts 1973, No. 427;
(D) The Arkansas Public Employees' Retirement System Act, Acts 1957, No. 177;
(E) The State Police Retirement System Act, § 24-6-201 et seq.; or
(F) Laws providing for old age assistance grants, child welfare grants, blind pensions, or any laws of a similar nature;
(3) Against the state for repayment of child support, except in cases in which the underlying support order is set aside as void ab ini
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-10-204
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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Stable record: arkansas_code:legal_authorities:19-10-204
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8e7039cb46c907f0f4b08a9e3713297045349760bce0febffe5a8108f1a47058
Source location: content.xml paragraph 14429
Stored source content
19-10-204. Jurisdiction.
(a) The Arkansas State Claims Commission has jurisdiction over:
(1) A claim or action that is barred by the doctrine of sovereign immunity under Arkansas Constitution, Article 5, § 20, from being litigated in a court of general jurisdiction, except as otherwise provided by law;
(2) A claim or action that solely addresses the receipting, processing, and reissuance of child support payments through the Arkansas Child Support Clearinghouse;
(3) A claim or action to contest eligibility, qualification, or election to serve as a member of the House of Representatives for the purpose of making a nonbinding recommendation on the claim or action to that chamber of the General Assembly; and
(4) A claim or action to recover reasonable attorney's fees and other litigation expenses reasonably incurred by a plaintiff who substantially prevails in an action under § 25-19-107 against the State of Arkansas or a state agency under the standard described in § 25-19-107(d)(1).
(b) The commission has no jurisdiction over a claim or action:
(1) Against a municipality, county, school district, or any other political subdivision of the state;
(2) Arising under:
(A) The Workers' Compensation Law, § 11-9-101 et seq.;
(B) The Division of Workforce Services Law, § 11-10-101 et seq.;
(C) The Arkansas Teacher Retirement System Act, Acts 1973, No. 427;
(D) The Arkansas Public Employees' Retirement System Act, Acts 1957, No. 177;
(E) The State Police Retirement System Act, § 24-6-201 et seq.; or
(F) Laws providing for old age assistance grants, child welfare grants, blind pensions, or any laws of a similar nature;
(3) Against the state for repayment of child support, except in cases in which the underlying support order is set aside as void ab initio by the court and the child support paid was retained by the state as reimbursement for public assistance paid on behalf of a child;
(4) Brought by a member of the uniformed armed services against the Department of the Military, the State Militia, or any subdivision of the State Militia, if the claim or action arises out of the performance of the claimant's military duty;
(5) Brought against the Division of Community Correction for acts committed by a person while that person is subject to conditions of parole or probation under Arkansas law;
(6) Brought against the Division of Correction for acts committed by inmates while on authorized release from the Division of Correction;
(7) Brought against the Division of Youth Services for acts committed by juveniles released by the Division of Youth Services, whether or not the juvenile is subject to conditions of aftercare or probation; or
(8) For state tax refunds under § 26-18-507, a claim or action challenging tax assessments under § 26-18-406, or a claim or action challenging tax laws under Arkansas Constitution, Article 16, § 13.
(c) The commission shall not make an award for a claim or action that, as a matter of law, would be dismissed from a court of law for reasons other than sovereign immunity.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-101. Title.
This chapter shall be known and may be cited as the “Division of Workforce Services Law”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-101
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 11-10-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-9-101. Title — Purpose.
(a) This chapter shall be cited as the “Workers' Compensation Law”.
(b) The primary purposes of the workers' compensation laws are to pay timely temporary and permanent disability benefits to all legitimately injured workers who suffer an injury or disease arising out of and in the course of their employment, to pay reasonable and necessary medical expenses resulting therefrom, and then to return the worker to the work force; to improve workplace safety through safety programs; to improve health care delivery through use of managed care concepts; to encourage the return to work of injured workers; to deter and punish frauds of agents, brokers, solicitors, employers, and employees relating to procurement of workers' compensation coverage or the provision or denial of benefits; to curtail the rise in medical costs associated with the provision of workers' compensation benefits; and to emphasize that the workers' compensation system in this state must be returned to a state of economic viability.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-101
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 11-9-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
24-6-201. Definitions.
As used in this subchapter:
(1) “Accumulated contributions” means the sum of all amounts deducted from the salaries of a member and credited to his or her individual account in the members' deposit account, together with regular interest credited thereon;
(2) “Beneficiary” means any person, except a retirant, who is in receipt of, or who is entitled to receive, a pension or other benefit payable from funds of the State Police Retirement System;
(3) “Board” means the Board of Trustees of the State Police Retirement System;
(4) “Contributory member” means a state police officer who was a member of the system prior to January 1, 1978, and who continues to contribute six percent (6%) of his or her compensation to the system;
(5) “Credited service” means the service credited a member by the board to the extent provided in this subchapter;
(6) [Repealed.]
(7) [Repealed.]
(8)(A) “Final average compensation” for contributory service means the average of the annual salaries paid a member for the three (3) years of credited service rendered by the member immediately preceding his or her last termination of employment with the Division of Arkansas State Police, but the final average compensation shall not exceed that of the highest permanent rank.
(B)(i) “Final average compensation” for Tier I noncontributory service means the average of the highest annual compensation paid a member during any period of sixty (60) calendar months of credited service with the division.
(ii) Should a member have less than sixty (60) calendar months of credited service, “final average compensation” means the monthly average paid to the member during his or her total years of credited service;
(9) “Member” means any state police officer who is included in
Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-6-201
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 24-6-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-19-107. Appeal from denial of rights — Attorney's fees.
(a) Any citizen denied the rights granted to him or her by this chapter may appeal immediately from the denial to the Pulaski County Circuit Court or to the circuit court of the residence of the aggrieved party, if the State of Arkansas or a department, agency, or institution of the state is involved, or to any of the circuit courts of the appropriate judicial districts when an agency of a county, municipality, township, or school district, or a private organization supported by or expending public funds, is involved.
(b) Upon written application of the person denied the rights provided for in this chapter, or any interested party, it shall be mandatory upon the circuit court having jurisdiction to fix and assess a day the petition is to be heard within seven (7) days of the date of the application of the petitioner, and to hear and determine the case.
(c) Those who refuse to comply with the orders of the court shall be found guilty of contempt of court.
(d)(1) In any action to enforce the rights granted by this chapter, or in any appeal therefrom, the court shall assess against the defendant reasonable attorney's fees and other litigation expenses reasonably incurred by a plaintiff who has substantially prevailed unless the court finds that the position of the defendant was substantially justified .
(2) If the defendant has substantially prevailed in the action, the court may assess expenses against the plaintiff only upon a finding that the action was initiated primarily for frivolous or dilatory purposes.
(e)(1) Notwithstanding subsection (d)(1) of this section, the court shall not assess reasonable attorney's fees or other litigation expenses reasonably incurred by a plaintiff against the State o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-19-107
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 25-19-107. This identifies an authority to review, not proof of applicability.