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21-5-802. Right to payment — Claims and awards.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-5-802. Right to payment — Claims and awards.
(a) Any state officer or state employee who has been subjected to a lawsuit based on an act or omission of the officer or employee while acting within the course and scope of the office or employment and in performance of his or her other official duties shall be entitled to payment from the state for reasonable attorney's fees and court costs incurred by the officer or employee in the action if:
(1) The Attorney General declined to represent the officer or employee; and
(2) The officer or employee acted without malice and in good faith.
(b) Claims for payment shall be filed with the Arkansas State Claims Commission and shall be governed by the laws pertaining to proceedings before the commission.
(c)(1) Awards made by the commission pursuant to this subchapter may be paid from the appropriation and supporting funds of the state agency from which the state officer or state employee is supported if the Chief Fiscal Officer of the State approves payment from the funds after determining that there is sufficient appropriation and funds available for paying the award.
(2) Awards not paid from the appropriation and funds of the state agency shall be paid pursuant to the laws governing payment of claims allowed by the commission.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-5-802
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:21-5-802
Source file: gov.ar.code.title.21.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a92b9eb5dfbbdd0cdf94f7ea273b350d127e30f54983e34babc0e4fa713d9a47
Source location: content.xml paragraph 4603
Stored source content
21-5-802. Right to payment — Claims and awards.
(a) Any state officer or state employee who has been subjected to a lawsuit based on an act or omission of the officer or employee while acting within the course and scope of the office or employment and in performance of his or her other official duties shall be entitled to payment from the state for reasonable attorney's fees and court costs incurred by the officer or employee in the action if:
(1) The Attorney General declined to represent the officer or employee; and
(2) The officer or employee acted without malice and in good faith.
(b) Claims for payment shall be filed with the Arkansas State Claims Commission and shall be governed by the laws pertaining to proceedings before the commission.
(c)(1) Awards made by the commission pursuant to this subchapter may be paid from the appropriation and supporting funds of the state agency from which the state officer or state employee is supported if the Chief Fiscal Officer of the State approves payment from the funds after determining that there is sufficient appropriation and funds available for paying the award.
(2) Awards not paid from the appropriation and funds of the state agency shall be paid pursuant to the laws governing payment of claims allowed by the commission.
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