Title 25 — State Government

(1) As used in this chapter:(1) “General Assembly” means the appropriate subcommittee of the Legislative Council or the Joint Budget Committee that is assigned to hear appealed claims or claims requiring approval before being considered by the Legislative Council, the Joint Budge…

(a) (1) As soon as the Secretary of the Department of Finance and Administration learns of facts from which the secretary concludes that a claim may be filed under this chapter against the state or a state agency, the secretary shall investigate and take evidence concerning the c…

(a) An attorney for a state agency against which a claim is filed shall represent his or her respective state agency before the Arkansas State Claims Commission. (b) The Attorney General shall represent all state agencies that have no special legal representatives before the comm…

(1) The following shall not appear before the Arkansas State Claims Commission as an attorney or representative for a claimant in the presentation or prosecution of a claim filed under this chapter:(1) A full-time employee of:(A) The State of Arkansas; or(B) A state agency; or(2)…

(1) Before approving a claim for reissuance of a state warrant that has been lost or presented for payment after expiration of the legal date for redemption, the Arkansas State Claims Commission shall request proof from the Auditor of State that:(1) The original warrant was legal…

(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) …

(a) The Director of the Arkansas State Claims Commission shall be designated by the Arkansas State Claims Commission and shall serve as both the Executive Secretary for the Arkansas State Claims Commission and the Clerk of the Arkansas State Claims Commission. (b) The commission …

(a) (1) The duties of the Director of the Arkansas State Claims Commission shall include maintaining a system of filing and adjudicating of claims or actions against the state.(2) The director shall keep a docket of all claims or actions filed and shall present them to the Arkans…

(a) The Arkansas State Claims Commission has jurisdiction over:(1) A claim or action that is barred by the doctrine of sovereign immunity under Arkansas Constitution, Article 5, § 20, from being litigated in a court of general jurisdiction, except as otherwise provided by law;(2)…

The Arkansas State Claims Commission may make and alter or amend all rules governing the procedure before the commission that may be necessary and expedient for the orderly discharge of the commission's duties and that are not inconsistent with this subchapter or other laws.

(a) (1) The Arkansas State Claims Commission shall meet at the time and place designated by the Chair of the Arkansas State Claims Commission, the cochairs of the Arkansas State Claims Commission, or the Director of the Arkansas State Claims Commission.(2) General meetings of the…

(a) The Director of the Arkansas State Claims Commission or a commissioner of the Arkansas State Claims Commission has the authority to administer oaths, to subpoena witnesses, to examine any books, documents, or records that may be relevant to any proceeding before the commissio…

(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,…

The Arkansas State Claims Commission shall not consider or allow a claim or action unless the claim or action has been filed with the Director of the Arkansas State Claims Commission as provided by this subchapter within the period allowed by law for the commencement of an action…

(a) (1) The Director of the Arkansas State Claims Commission shall notify each claimant and also the head of each state agency against which a claim or action is filed of the time and place set for a hearing on the claim or action, if a hearing on the matter is set by the Arkansa…

(a) (1) Within forty (40) days after the Arkansas State Claims Commission transmits a final order on a claim or action before the commission, a party to the claim or action may file with the commission a:(A) Notice of appeal of the final order to the General Assembly; or(B) (i) M…

(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 t…

(a) (1) When a claim or action is determined to be a valid claim or action against the state under this chapter and the claim or action is to be paid from funds not in the State Treasury, the Director of the Arkansas State Claims Commission shall notify the state agency against w…

(a) Arkansas State Claims Commission awards are state property and therefore:(1) Liens do not attach to commission awards; and(2) A commission award is not assignable. (1) Liens do not attach to commission awards; and (2) A commission award is not assignable. (b) (1) If the commi…

(a) With the exception of death and disability benefit claims paid under § 21-5-701 et seq., the Arkansas State Claims Commission shall not pay an award in excess of fifteen thousand dollars ($15,000). (b) If an award is greater than fifteen thousand dollars ($15,000), the commis…

(a) (1) When the Arkansas State Claims Commission dismisses a claim or action with a final order or issues a final order of a claim or action on the merits, the commission shall set forth specific findings of fact and conclusions of law to support its decision.(2) Citations to a …

(a) If the Arkansas State Claims Commission denies a motion, the party whose interests were adversely affected by the commission's denial may appeal the denial under § 25-44-211 so long as the legal issue or factual issue in dispute was preserved for appeal with a specific ruling…

(a) A party shall not file, and the Arkansas State Claims Commission shall not entertain, an interlocutory appeal of a legal issue. (b) (1) The Director of the Arkansas State Claims Commission shall reject an interlocutory motion.(2) An interlocutory motion shall not be included …

(a) (1) The Arkansas State Claims Commission may establish a small claims adjudication process for claims or actions seeking one thousand dollars ($1,000) or less.(2) The small claims adjudication process shall provide that claims or actions be given docket priority, and the use …

(a) The Arkansas State Claims Commission may appoint a special master with specialized knowledge and skill to assist the commission in achieving a more timely resolution of complex litigation arising from a claim or action. (b) (1) All or part of a special master's findings may b…

An inmate in the Division of Correction or the Division of Community Correction who has filed more than three (3) unsuccessful claims or actions under this subchapter within a period of two (2) years may have his or her subsequent claims or motions dismissed by the Arkansas State…

(a) Except as provided in subsection (b) of this section, a corporate or business entity created under the laws of this state or another state shall be represented at all times in a claim or action under this subchapter by an attorney licensed to practice law in this state. (b) R…

The Arkansas State Claims Commission may dismiss a claim or action without prejudice on the commission's own motion if the claimant has failed to submit with the claimant's initial complaint or claim filing documentation that the claimant has exhausted all available state or admi…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Insurer” means every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance; and(2) “Subrogation claim” means any claim filed with the Arkansas State Cl…

(a) The Arkansas State Claims Commission shall not dismiss a claim with prejudice on grounds that the claimant has received or is due benefits under a policy of insurance. However, the commission shall hear no claim until the claimant has exhausted all remedies against insurers, …

(a) If the Arkansas State Claims Commission awards damages to a claimant who has received benefits under any policy of insurance, the premium of which has not been paid by or on behalf of the claimant, the commission shall reduce its award by the amount of insurance benefits rece…

The Arkansas State Claims Commission shall not hear subrogation claims. This fact shall in no way alter or vary the operation or coverage of §§ 21-9-201 — 21-9-205.

(a) Officers and employees of the State of Arkansas are immune from liability and from suit, except to the extent that they may be covered by liability insurance, for damages for acts or omissions, other than malicious acts or omissions, occurring within the course and scope of t…

If an individual commences a civil action in any court of law within this state which arises out of the same subject matter or occurrence that is the subject matter of a complaint before the Arkansas State Claims Commission, the commission shall recognize any final judgment or or…