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Ark. Code Ann. § 22-3-310

Appeal of Capitol Zoning District Commission action

Applied in 1 court decision — leading case 2012 Ark. App. 619 - Capitol Zoning District Commission v. Cowan (2012)

Most recently applied in 2012 Ark. App. 619 - Capitol Zoning District Commission v. Cowan (October 2012)

Acts 1975, No. 267, § 7; A.S.A. 1947, § 5-241; Acts 2013, No. 1338, § 2; 2016, No. 228, § 4; 2019, No. 315, §§ 2352, 2353; 2019, No. 910, § 5681.

(1) 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.

(2) The secretary shall overturn the decision of the commission upon a finding that the commission's decision is clearly erroneous.

(3) The decision of the secretary may be appealed to the Pulaski County Circuit Court.

(4) The commission and the secretary shall provide the Pulaski County Circuit Court with a record of all proceedings concerning the action on appeal.

(5) The Pulaski County Circuit Court shall review the appeal of the secretary's decision de novo.

(6) 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.

(7) 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.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.