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Ark. Code Ann. § 8-4-229

Appeals, proceedings, etc. — Presumptions

Known as the Arkansas Water and Air Pollution Control Act

The act spans §§ 8–8 (60 sections).

Applied in 1 court decision — leading case Louisiana v. Joint Pipeline Group (2010)

Most recently applied in Louisiana v. Joint Pipeline Group (October 2010)

Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 2019, No. 315, § 481.

(1) In any appeal or other proceeding involving any order, rule, or other decision of the Arkansas Pollution Control and Ecology Commission, the action of the commission shall be prima facie evidence reasonable and valid, and it shall be presumed that all requirements of the law pertaining to the taking thereof have been complied with.

(2) All findings of fact made by the commission shall be prima facie evidence of the matters therein stated.

(3) The burden of proving the contrary of any provision of this section shall rest upon the appellant or other party questioning the action of the commission.

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.