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23-115-208. Sovereign immunity.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-115-208. Sovereign immunity.
(a) This chapter does not waive the sovereign immunity of the State of Arkansas.
(b)(1) A claim in contract or in tort against the Office of the Arkansas Lottery or its employees shall be presented to the office.
(2) The office shall promulgate rules concerning the consideration of claims in contract or in tort presented to the office, including without limitation rules concerning the conduct of hearings on claims in contract or in tort.
(c)(1) A claimant may appeal the decision of the office under subsection (b) of this section to the Arkansas State Claims Commission.
(2) The claimant may:
(A) Within forty (40) days after the decision is rendered, file with the commission a notice of appeal of the decision of the office;
(B) Within forty (40) days after the decision is rendered, file with the office a motion for reconsideration requesting the office to reconsider its decision; and
(C) Within twenty (20) days after the office's reconsideration or denial of the motion for reconsideration, file with the commission a notice of appeal of the decision of the office.
(3) When the office notifies parties of a decision of the office, it shall advise the parties of the right of appeal.
(d)(1)(A) Except as provided in subdivisions (d)(2)-(4) of this section, appeals of claims in contract or in tort against the office or its employees shall be conducted by the commission in the same manner as a claim under § 19-10-201 et seq.
(B) The commission shall consider an appeal de novo.
(2) A decision of the commission relating to a claim in contract or in tort against the office or its employees shall not be appealed to the General Assembly.
(3)(A) A valid claim in any amount against the office shall not be referred to the General
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-115-208
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:23-115-208
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 92c9fed67d723feb6dbc7934a9301f90cedfd06388dbccd319782769ccbd27e4
Source location: content.xml paragraph 65925
Stored source content
23-115-208. Sovereign immunity.
(a) This chapter does not waive the sovereign immunity of the State of Arkansas.
(b)(1) A claim in contract or in tort against the Office of the Arkansas Lottery or its employees shall be presented to the office.
(2) The office shall promulgate rules concerning the consideration of claims in contract or in tort presented to the office, including without limitation rules concerning the conduct of hearings on claims in contract or in tort.
(c)(1) A claimant may appeal the decision of the office under subsection (b) of this section to the Arkansas State Claims Commission.
(2) The claimant may:
(A) Within forty (40) days after the decision is rendered, file with the commission a notice of appeal of the decision of the office;
(B) Within forty (40) days after the decision is rendered, file with the office a motion for reconsideration requesting the office to reconsider its decision; and
(C) Within twenty (20) days after the office's reconsideration or denial of the motion for reconsideration, file with the commission a notice of appeal of the decision of the office.
(3) When the office notifies parties of a decision of the office, it shall advise the parties of the right of appeal.
(d)(1)(A) Except as provided in subdivisions (d)(2)-(4) of this section, appeals of claims in contract or in tort against the office or its employees shall be conducted by the commission in the same manner as a claim under § 19-10-201 et seq.
(B) The commission shall consider an appeal de novo.
(2) A decision of the commission relating to a claim in contract or in tort against the office or its employees shall not be appealed to the General Assembly.
(3)(A) A valid claim in any amount against the office shall not be referred to the General Assembly for an appropriation.
(B) The Clerk of the Arkansas State Claims Commission shall notify the office of the amount of the valid claim.
(C) Upon receipt of notification from the clerk, the office shall deliver a check to the clerk, who shall deposit the sum as a nonrevenue receipt into the Miscellaneous Revolving Fund from which he or she shall disburse the amount of the claim to the claimant.
(4) Written reports under § 19-10-212 shall be filed with the Legislative Council.
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Arkansas Code — all titles (historical 2020) · legal_authorities
19-10-201. Creation of commission — Members — Salary and expense reimbursement.
(a)(1)(A) There is created a commission to be known as the “Arkansas State Claims Commission”.
(B) The commission shall consist of five (5) members to be known as “commissioners”.
(C) All commissioners shall be public-spirited persons of recognized standing, and at least two (2) commissioners shall be attorneys licensed to practice law in the State of Arkansas.
(2)(A)(i) The commissioners shall be appointed by the Governor and confirmed by the Senate.
(ii) The commissioners shall serve for terms of five (5) years and thereafter until a successor has been appointed and qualified.
(iii) A vacancy in the office of commissioner shall be filled by the Governor, and that appointee shall hold office during the unexpired portion of the term in which the vacancy occurred.
(B) Commissioners may be appointed to and may serve successive terms.
(b) Before entering upon the duties of his or her office, each commissioner shall take the constitutional oath of office.
(c)(1) A commissioner shall not hear or participate in the consideration of a claim in which he or she is interested personally, either directly or indirectly.
(2) If for reason of conflict of interest a commissioner disqualifies himself or herself or is absent for any reason from hearing a particular claim and if there are no other commissioners available to hear the claim or action, the interested parties may request that a special commissioner be appointed by the Governor to hear the specific claim or action.
(d) The commission shall elect from its membership a chair or two (2) cochairs.
(e)(1)(A) Each commissioner shall receive a salary as may be prescribed by law and appropriated by the General Assembly.
(B) The s
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-10-201
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 19-10-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-10-212. Reports of state agency liability.
(a) When a state agency admits liability to a claim filed with the Arkansas State Claims Commission, the state agency shall file a written report of the claim with the Litigation Reports Oversight Subcommittee of the Legislative Council if the claim:
(1) Involves a contract with the state agency; or
(2) Exceeds fifteen thousand dollars ($15,000).
(b) The state agency shall include in its report a concise statement of facts with an explanation of the state agency's liability.
(c) The state agency shall file its report within thirty (30) days after the claim or action has been adjudicated and a final order has been issued by the commission.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-10-212
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 19-10-212. This identifies an authority to review, not proof of applicability.