19-10-208. Complaints.

19-10-208. Complaints. (a)(1) A proceeding under this subchapter shall be commenced by a verified complaint, of which the original and three (3) copies shall be filed with the Director of the Arkansas State Claims Commission. (2) The party filing the claim or action shall be designated as the claimant, and the State of Arkansas, state agency, or applicable agent of the state shall be designated as the respondent. (b) Unless otherwise provided for under this section, the complaint shall state concisely the facts upon which the claim or action is based and shall set forth: (1) The address of the claimant and the claimant's attorney, if any; (2) The time and place of the circumstances giving rise to the claim or action; (3) The state agency whose action or inaction led to the origination of the claim or action; (4) The amount claimed or relief sought; and (5) All averments of fact necessary to state a cause of action against the state under this subchapter. (c) If the claim or action is based upon a contract or other instrument in writing, a copy of the contract or instrument in writing shall be attached to the complaint and the copies filed with the director. (d)(1) The claimant shall state in the complaint whether he or she has received any payment on account of the claim or action and, if so, the amount received. (2)(A) The claimant also shall state whether another person or business entity has an absolute or contingent interest in his or her claim or action. (B) If a person or corporation is interested in the claim, the claimant shall state the name and address of that person or corporation having the interest, the nature of the interest, and how and when it was acquired. (e) If the claimant is an executor, administrator, guardian, or other representative acting under judicial appointment, a duly certified copy of the record of appointment shall be filed with the complaint. (f)(1) A claimant who is an inmate in the Division of Correction or the Division of Community Correction at the time the claim or action is filed is limited to no more than: (A) Five (5) pages of written factual allegations and legal argument in his or her complaint; and (B) Five (5) additional pages of exhibits to accompany his or her complaint. (2)(A) An inmate filing a claim or action may file a motion to allow him or her to file additional pages of factual allegations, argument, or exhibits in excess of the limitations under subdivision (f)(1) of this section. (B) A motion filed under this subdivision (f)(2) may be granted only if the commissioners of the Arkansas State Claims Commission find that the inmate needs the additional pages to fully explain his or her claim or action or if the claim or action is sufficiently complex to warrant additional pages. (3)(A) If an inmate files a claim or action that exceeds the page limitations under this subsection, the commission shall: (i) Assign the inmate's claim a docket number; and (ii) Consider the inmate's claim filed, but mail the inmate's complaint and any attached exhibits back to him or her and give the inmate forty-five (45) days to: (a) Resubmit his or her complaint and any attached exhibits in compliance with this subsection; or (b) File a motion requesting permission to file a complaint and accompanying exhibits that exceed the page limitations under this subsection. (B) The forty-five-day time period under this subsection is excludable time in calculating the statute of limitations for the inmate's claim or action. (C) The commission may dismiss an inmate's complaint without prejudice if the inmate fails to: (i) Resubmit a complaint and attached exhibits that meet the page limitation requirements of this subsection; or (ii) File a motion requesting permission to file a complaint and attached exhibits that exceed the page limitation requirements of this subsection. (D)(i) If the commission grants a motion for a complaint and accompanying exhibits that exceed the page limitation requirements of this subsection, the commission shall set out in the order granting the motion the revised timeline for the inmate to file his or her complaint and accompanying exhibits. (ii) The commission may set a revised limit on the number of pages an inmate's complaint and accompanying exhibits may be.