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Ark. Code Ann. § 8-4-223

Appeals — Notice

Known as the Arkansas Water and Air Pollution Control Act

The act spans §§ 8–8 (60 sections).

Applied in 4 court decisions — leading case Cash v. Arkansas Commission on Pollution Control & Ecology (1989)

Most recently applied in Nucor Steel-Arkansas v. Big River Steel, LLC (June 2016)

Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 1997, No. 896, § 1; 1997, No. 1219, § 5; 2013, No. 1021, § 3; 2019, No. 315, § 477.

How often courts cite this section

198920002010201610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Within thirty (30) days after service of a copy of the final order, rule, or other final determination of the Arkansas Pollution Control and Ecology Commission, the appellant may file a notice of appeal with the circuit court of the county in which the business, industry, municipality, or thing involved is situated.

(2) A copy of the notice of appeal shall be served upon the Secretary of the Arkansas Pollution Control and Ecology Commission by personal delivery or by mail with a return receipt requested within ten (10) days of filing with the circuit court.

(3) The notice of appeal: Shall state the action of the commission appealed from;

(4) Shall specify the grounds of the appeal, including points of both law and fact that are asserted or questioned by the appellant; and

(5) May contain any other allegations or denials of fact pertinent to the appeal.

(6) The notice of appeal shall state an address within the state at which service of a response to the notice of appeal and other papers in the matter may be made upon the appellant.

(7) Upon filing the notice of appeal with the clerk of the circuit court, the circuit court shall have jurisdiction of the appeal.

(8) Within ten (10) business days of service of the notice of appeal required under subdivision (a)(2) of this section, the owner or operator of the business, industry, municipality, or thing involved may file a motion to transfer the appeal from the circuit court to the Court of Appeals.

(9) Upon the filing of a motion under subdivision (d)(1) of this section, the appeal shall be transferred from the circuit court to the Court of Appeals.

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.