Browse Arkansas Code titles and sections
27-16-913. Right of appeal to court of record.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-16-913. Right of appeal to court of record.
(a)(1) A person denied a license or whose license has been suspended, disqualified, or revoked by the Office of Driver Services, within thirty (30) days of receipt of the decision by the office to deny, suspend, disqualify, or revoke the license, may file a de novo petition of review in the Pulaski County Circuit Court or the circuit court in the county where the licensee or interested person resides.
(2) A copy of the decision of the office shall be attached to the petition.
(3) A copy of the petition shall be served upon the Secretary of the Department of Finance and Administration in accordance with the Arkansas Rules of Civil Procedure.
(4) A de novo petition to circuit court for review of a decision concerning a license under this section is not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(b) The filing of a petition of review shall not operate as an automatic stay of the decision of the hearing officer.
(c) If a court issues an order staying the decision or placing the decision in abeyance, the court shall transmit a copy of the order to the office in the same manner that convictions and orders relating to driving records are sent to the office under § 27-16-302.
(d)(1) The circuit judge is vested with jurisdiction to determine whether the petitioner is entitled to a license or whether the decision of the hearing officer should be affirmed, modified, or reversed.
(2) At the hearing, the burden of proof is on the state, and the decision shall be based on a preponderance of the evidence.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-16-913
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:27-16-913
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f825325435173e753235737f89ada495fa991309a77f3dae6c67d0b2edf6caf6
Source location: content.xml paragraph 6998
Stored source content
27-16-913. Right of appeal to court of record.
(a)(1) A person denied a license or whose license has been suspended, disqualified, or revoked by the Office of Driver Services, within thirty (30) days of receipt of the decision by the office to deny, suspend, disqualify, or revoke the license, may file a de novo petition of review in the Pulaski County Circuit Court or the circuit court in the county where the licensee or interested person resides.
(2) A copy of the decision of the office shall be attached to the petition.
(3) A copy of the petition shall be served upon the Secretary of the Department of Finance and Administration in accordance with the Arkansas Rules of Civil Procedure.
(4) A de novo petition to circuit court for review of a decision concerning a license under this section is not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(b) The filing of a petition of review shall not operate as an automatic stay of the decision of the hearing officer.
(c) If a court issues an order staying the decision or placing the decision in abeyance, the court shall transmit a copy of the order to the office in the same manner that convictions and orders relating to driving records are sent to the office under § 27-16-302.
(d)(1) The circuit judge is vested with jurisdiction to determine whether the petitioner is entitled to a license or whether the decision of the hearing officer should be affirmed, modified, or reversed.
(2) At the hearing, the burden of proof is on the state, and the decision shall be based on a preponderance of the evidence.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
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 25-15-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-16-302. Unlawful use of license.
(a) It is a misdemeanor for a person:
(1) To display, or cause or permit to be displayed, or have in the person's possession a cancelled, revoked, suspended, fictitious, or fraudulently altered driver's license;
(2) To knowingly assist or permit another person to apply for or obtain through fraudulent application or other illegal means an Arkansas driver's license;
(3) To lend the person's driver's license to another person or knowingly permit its use by another;
(4) To display or represent as one's own a driver's license not issued to the person;
(5) To fail or refuse to surrender to the Office of Driver Services, upon its lawful demand, a driver's license that has been suspended, revoked, or cancelled;
(6) To use a false or fictitious name in an application for a driver's license, to knowingly make a false statement, or to knowingly conceal a material fact or otherwise commit a fraud in an application;
(7) To permit an unlawful use of a driver's license issued to the person; or
(8) To do an act forbidden or fail to perform an act required by this chapter.
(b) The court in which a person is convicted under subsection (a) of this section shall send to the Office of Driver Services a record of the conviction within ten (10) days of the filing of the conviction with the court clerk.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-16-302
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 27-16-302. This identifies an authority to review, not proof of applicability.