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22-3-310. Appeal of Capitol Zoning District Commission action.
Arkansas Code — all titles (historical 2020) · legal_authorities
22-3-310. Appeal of Capitol Zoning District Commission action.
(a)(1)(A) Any person aggrieved by any rule, decision, or order of the Capitol Zoning District Commission may appeal the action to the Secretary of the Department of Parks, Heritage, and Tourism.
(B) The secretary shall overturn the decision of the commission upon a finding that the commission's decision is clearly erroneous.
(2)(A) The decision of the secretary may be appealed to the Pulaski County Circuit Court.
(B) The commission and the secretary shall provide the Pulaski County Circuit Court with a record of all proceedings concerning the action on appeal.
(C) The Pulaski County Circuit Court shall review the appeal of the secretary's decision de novo.
(b) The filing of an appeal shall in no respect suspend the operation of any rule, decision, or order, nor shall the secretary or the Pulaski County Circuit Court order any suspension without a full hearing.
(c) This section does not preclude enforcement of the commission's rules by the City of Little Rock in Little Rock District Court under an agreement with the commission under § 22-3-308.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-3-310
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:22-3-310
Source file: gov.ar.code.title.22.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f60607dd7cb8efcb11ca0486672d5082a08a2bb84e99095f2d0ec97f6a2960f6
Source location: content.xml paragraph 1158
Stored source content
22-3-310. Appeal of Capitol Zoning District Commission action.
(a)(1)(A) Any person aggrieved by any rule, decision, or order of the Capitol Zoning District Commission may appeal the action to the Secretary of the Department of Parks, Heritage, and Tourism.
(B) The secretary shall overturn the decision of the commission upon a finding that the commission's decision is clearly erroneous.
(2)(A) The decision of the secretary may be appealed to the Pulaski County Circuit Court.
(B) The commission and the secretary shall provide the Pulaski County Circuit Court with a record of all proceedings concerning the action on appeal.
(C) The Pulaski County Circuit Court shall review the appeal of the secretary's decision de novo.
(b) The filing of an appeal shall in no respect suspend the operation of any rule, decision, or order, nor shall the secretary or the Pulaski County Circuit Court order any suspension without a full hearing.
(c) This section does not preclude enforcement of the commission's rules by the City of Little Rock in Little Rock District Court under an agreement with the commission under § 22-3-308.
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Arkansas Code — all titles (historical 2020) · legal_authorities
22-3-308. Coordination by Capitol Zoning District Commission with other agencies.
(a) The Capitol Zoning District Commission is authorized and encouraged to coordinate the comprehensive master zoning plan, to the greatest extent it deems practical, with city, county, and other area planning agencies.
(b)(1) Subject to the requirements of due process and consistent with any applicable federal restrictions and regulations as in effect on January 1, 2013, the commission may enter into agreements with the City of Little Rock providing for mutual cooperation and joint regulation within the Capitol Zoning District with respect to:
(A) Planning and zoning;
(B) Permission to build upon or otherwise use land;
(C) Enforcement through stop work orders, citations, fines, and inspection to ensure compliance of building, safety, zoning, and health codes; and
(D) Other matters within the jurisdiction of the commission.
(2)(A) Except to the extent enforcement by the City of Little Rock is authorized in this section, an agreement under subdivision (b)(1) of this section between the City of Little Rock and the commission does not cede the commission's final authority and responsibility over the matters entrusted to it by law.
(B) All enforcement actions undertaken by the City of Little Rock under this section shall require authorization by the commission prior to the commencement of the enforcement action.
(3)(A) A violation of the commission's rules is enforceable in Little Rock District Court in the same manner as the enforcement of a violation of a municipal ordinance.
(B) Subdivision (b)(3)(A) of this section applies only to violations that occur on or after August 16, 2013, and does not apply to work in place prior to August 16, 2013.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-3-308
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 22-3-308. This identifies an authority to review, not proof of applicability.