Ark. Code Ann. § 8-4-213

Conclusiveness of commission actions

Known as the Arkansas Water and Air Pollution Control Act

The act spans §§ 8–8 (60 sections).

Applied in 1 court decision — leading case Hamilton v. Arkansas Pollution Control & Ecology Commission (1998)

Most recently applied in Hamilton v. Arkansas Pollution Control & Ecology Commission (May 1998)

Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 1993, No. 163, § 18; 1993, No. 165, § 18; 2019, No. 315, § 474.

(1) If no appeal is taken from an order, a rule, or other decision of the Arkansas Pollution Control and Ecology Commission as provided in §§ 8-4-222 — 8-4-229, or if the action of the commission is affirmed on appeal, then the action of the commission in the matter shall be deemed conclusive, and the validity and reasonableness thereof shall not be questioned in any other action or proceeding.

(2) However, this section shall not preclude the authority of the commission to modify or rescind its actions.

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.