reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-304 - Injunctions by the commission

(a)
Whenever it shall appear that any person is violating, or threatening to violate, any provision of this subchapter or any rule or order made thereunder by any act done in the operation of any well for the production of brine or the injection of effluent into an aquifer for disposal or injection purposes or by omitting any act required to be done thereunder, the Oil and Gas Commission, through its counsel or the Attorney General, may bring suit against that person in the circuit court in the county in which the well in question is located to restrain the person from continuing the violation or from carrying out the threat of violation. In that suit, the commission may obtain injunctions, prohibitory and mandatory, including temporary restraining orders and temporary injunctions as the facts may warrant, including, when appropriate, an injunction restraining any person from producing brine or injecting effluent into an aquifer.
(b)
If the defendant cannot be personally served with summons in that county, personal jurisdiction of that defendant in that suit may be obtained by service made on any employee or agent of that defendant working on or about any well involved in that suit and by the commission mailing a copy of the complaint in the action to the defendant at the address of the defendant then recorded with the Director of Production and Conservation.
Amended by Act 2019, No. 315,§ 1278, eff. 7/24/2019.
Acts 1979, No. 937, § 16; A.S.A. 1947, § 53-1316.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-305 - Injunctions against the commission

(a)
No temporary restraining order or injunction of any kind shall be granted against the Oil and Gas Commission or members thereof or against the Attorney General or against any agent, employee, or representative of the commission restraining the commission or any of its members, agents, employees, or representatives or the Attorney General from enforcing any provision of this subchapter or any rule, regulation, or order made hereunder, except after three (3) days' notice served upon some person in the principal office of the commission of the time, place, and court before which application for the order shall be made.
(b)
If the commission shall so request, it shall be entitled to a trial on the merits within ten (10) days after the granting of any temporary order. If the plaintiff is not ready for trial at that time, the court shall be authorized to dissolve the temporary restraining order.
Acts 1979, No. 937, § 15; A.S.A. 1947, § 53-1315.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-308 - Formation of brine production units

(a)
(1)
All producers, as defined in §
15-76-302
, may make application to the Oil and Gas Commission for the establishment of brine production units and brine expansion units.
(2)
Each application shall be scheduled for public hearing by the commission to be held no later than the next regularly scheduled hearing of the commission that will afford proper notice to be given.
(b)
Unless a smaller area is requested by a petitioner and established by order of the commission, a brine production unit or a brine expansion unit established by order of the commission shall comprise no fewer than one thousand two hundred eighty (1,280) contiguous surface acres which are reasonably established to be underlain by a common aquifer.
(c)
(1)
A proposed brine production unit shall be approved by the commission if the existing or proposed plan of development is such as to drain efficiently the area of the unit and to protect the correlative rights of each owner therein.
(2)
Each brine production unit as created by the commission under this subchapter shall constitute a brine production unit as long as a producing well is located therein which is capable of producing brine in paying quantities.
(d)
(1)
A proposed brine expansion unit shall be approved by the commission as a stand-alone brine expansion unit if the existing or proposed plan of development establishes that the operation of an existing brine production unit can be expanded, enhanced, or made more efficient by the placement of one (1) or more production wells or brine injection wells in an expanded area immediately adjacent to the existing brine production unit, if the plan of development is such as to:
(A)
Drain efficiently the area of the brine expansion unit; and
(B)
Protect the correlative rights of each owner of the brine expansion unit.
(2)
Each brine expansion unit as created by the commission under this subchapter shall constitute a unit as long as a producing well is located within:
(A)
The brine expansion unit; or
(B)
The adjacent brine production unit that is capable of producing brine in paying quantities.
Amended by Act 2015, No. 89,§ 3, eff. 2/13/2015.
Acts 1979, No. 937, § 5; A.S.A. 1947, § 53-1305.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-309 - Petition for formation of a brine production unit or a brine expansion unit

A petition for formation of a brine production unit or a brine expansion unit may be filed by a producer and shall contain the following:
(1)
A description of the proposed brine production unit or brine expansion unit;
(2)
A statement of the plan of development and operation of the brine production unit or brine expansion unit;
(3)
All geological and engineering data necessary for the Oil and Gas Commission to be fully advised of the feasibility of the proposed plan;
(4)
A statement detailing all costs and expenses chargeable to the proposed brine production unit or a brine expansion unit and a statement of all credits due against costs and expenses;
(5)
A plat of each proposed brine production unit or brine expansion unit which indicates the tracts or parcels of land included in the plat and the location of each well then located within the proposed unit for the production of brine and the injection or disposal of effluent and the proposed location of each well that is proposed to be drilled for production and injection or disposal purposes;
(6)
A list of owners within the unit, including the brine, interest, and last known address of each such owner; and
(7)
(A)
A statement that the petitioner has valid and subsisting leases or otherwise owns or controls the right to produce brine from not less than seventy-five percent (75%) of the entire area of the proposed brine production unit or brine expansion unit.
(B)
The petitioner may not combine its leases or other rights to produce brine, relative to an adjacent brine production unit or brine expansion unit, with leases or other rights to produce brine necessary to achieve the seventy-five-percent lease requirement to form a separate brine production unit or brine expansion unit.
Amended by Act 2015, No. 89,§ 4, eff. 2/13/2015.
Acts 1979, No. 937, § 6; A.S.A. 1947, § 53-1306.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-310 - Order requiring unit operation - In general

(a)
The Oil and Gas Commission, upon the application of any producer and upon the circumstances set forth in this section and §§
15-76-311
and
15-76-313
-
15-76-315
shall enter its order integrating all tracts and interests in the unit, and all lands therein shall be developed and operated as a unit.
(b)
All orders requiring integration shall be made after notice and hearing and shall be upon just and reasonable terms and conditions and will afford the owner of each tract or interest in the unit the opportunity to recover or receive his or her just and equitable share of brine in the unit.
(c)
A copy of the order shall be sent or otherwise made available to each owner in the unit.
(d)
The order shall be effective from the date set by the commission as to and binding upon each person then or thereafter owning an interest in the unit, or in brine produced therefrom or the proceeds thereof.
Acts 1979, No. 937, § 6; A.S.A. 1947, § 53-1306.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-311 - Contents of order

The order requiring the operation of an area as a brine production unit or a brine expansion unit shall include:
(1)
A description of the area included within such a brine production unit or a brine expansion unit;
(2)
The surface area of each tract in the proposed unit;
(3)
A provision for any credits and charges to be made in the adjustment among the owners in the unit for their allocated costs of the total investment in each well within the unit, pipelines, pumps, machinery, materials, and equipment required by the brine operation;
(4)
A statement of the tangible and intangible expenses of the development and operation of the unit, including capital investments required in the development and operation of the brine production unit or the brine expansion unit, exclusive of the plant of the producer, to be charged to each owner in the unit in the same proportion as the owner's net material interest in brine production from the brine production unit or the brine expansion unit;
(5)
The time and manner in which all owners in the unit who may desire to pay their share of the costs outlined in subdivision (4) of this section and participate in the operations of the unit may elect to do so;
(6)
(A)
The time at which the unit operation shall commence and the approval by the Oil and Gas Commission of the plan of development and operation of the unit, including, but not limited to, the number and proposed location of each well to be drilled within such unit for production and injection or disposal purposes and the approximate date upon which the proposed plan of development is to be commenced and completed.
(B)
However, the commission shall have no authority to allow wells or other installations on the surface of lands without the consent of the surface owner;
(7)
The name of the operator who shall drill, complete, or operate the well or wells within the unit; and
(8)
Those additional provisions which are consistent with this subchapter and which the commission determines to be appropriate for the prevention of waste and the protection of correlative rights.
Amended by Act 2015, No. 89,§ 5, eff. 2/13/2015.
Acts 1979, No. 937, § 6; A.S.A. 1947, § 53-1306.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-312 - Unlawful drainage - Unit inclusion or accounting

(a)
Any owner of an interest in a tract which is adjacent to a brine production unit formed by the Oil and Gas Commission and which is not included in that unit may petition the commission to have the tract included in the unit, and the commission shall issue its order after reasonable notice and hearing to include the tract under the same terms and conditions as those then existing with respect to other tracts in the unit, provided that it is demonstrated to the satisfaction of the commission that the tract is being unlawfully drained or is in imminent danger of being so drained through the operations of the adjacent unit.
(b)
(1)
Any owner of an interest or interests in brine, which are neither included in nor adjacent to a unit and which are being unlawfully drained by the actions of any producer, may petition the commission for an accounting for royalty or other compensation due from the producer.
(2)
After investigating the claim presented in the petition and finding probable cause to believe the claims presented in the petition to be meritorious and after reasonable notice and hearing and subsequent finding that unlawful drainage has occurred, the commission shall issue its order:
(A)
Stating the amount of royalty or other compensation then due and owing, as well as the manner of calculating the amount of royalty or other compensation subsequently due and owing to the owner; and
(B)
Requiring the producer to pay over the amounts to the owner.
(3)
For purposes hereof, the amount of royalty or other compensation due and owing to the owner and the manner of calculating any subsequent amount of royalty or other compensation shall be determined in accordance with §
15-76-315
as if the owner were included in a unit.
(4)
In the event that the producer fails to account to the owner as provided in the order of the commission, the commission shall seek to enjoin the operations of the producer responsible for the unlawful drainage. The owner, in any action in a court of this state may recover up to three (3) times the amount of royalty or other compensation found to be due and owing by the commission upon a finding by a court that the interest in brine of the owner has been unlawfully drained by the actions of the producer.
(c)
As used in this section, "unlawful drainage" or "unlawfully drained" shall be the withdrawal or removal of brine by production or displacement which deprives the owner thereof of his or her fair and equitable share of brine in violation of his or her correlative rights.
Acts 1979, No. 937, § 6; A.S.A. 1947, § 53-1306.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-313 - Operator

(a)
The producer who either has incurred or shall incur the greater share or portion of the capital investment required under the plan of development and operation of the unit shall be designated by the Oil and Gas Commission as operator unless the producer refuses to serve as operator or agrees to the designation of another person to act in that capacity.
(b)
The operator so designated shall receive payments of amounts due and owing from owners and shall cause disbursements of amounts due and owing with respect to unleased interests in the unit, including the annual royalty provided for in §
15-76-314
.
(c)
Neither the order requiring operation of an area as a unit nor any other provision of this subchapter shall be construed as granting an operator any rights with respect to the surface of any tracts in a unit, nor does the subchapter deprive any landowner of any surface rights.
Acts 1979, No. 937, § 6; A.S.A. 1947, § 53-1306.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-316 - Production from tracts within unit

The portion of brine produced from a unit created under this subchapter and allocated to any particular tract shall be deemed, for all purposes, to have been actually produced from that tract, and operations for the production of brine from any part of the unit conducted pursuant to the order of the Oil and Gas Commission shall be deemed for all purposes to be operations for the production of brine from each separate tract in the integrated area of the unit.
Amended by Act 2015, No. 89,§ 11, eff. 2/13/2015.
Acts 1979, No. 937, § 9; A.S.A. 1947, § 53-1309.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-317 - Liability for unit expenses

(a)
The liability of each owner in a unit for the payment of unit expenses shall at all times be several and not joint or collective.
(b)
In no event shall an owner in a unit be chargeable with, directly or indirectly, more than the amount charged to his or her interests in such unit pursuant to the order of the Oil and Gas Commission requiring the operation of the area as a brine production unit or brine expansion unit.
Amended by Act 2015, No. 89,§ 12, eff. 2/13/2015.
Acts 1979, No. 937, § 10; A.S.A. 1947, § 53-1310.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-318 - Drilling permits - Fees

(a)
Before any well shall be drilled either in search of brine or for the injection of effluent, the person desiring to drill the well shall notify the Oil and Gas Commission upon the form the commission may prescribe and shall pay a fee of one hundred fifty dollars ($150) or the sum the commission may prescribe for each well. However, in no event shall the fee exceed three hundred dollars ($300). The drilling of any such well is prohibited until notice is given and the fee has been paid and permit granted.
(b)
Each application for the drilling of a well for the production of brine or for the purpose of injecting effluent into an aquifer shall include the complete mailing address of the applicant or each applicant, which address shall be the address of each person involved in accordance with the records of the director until the address is changed on the records of the commission after written request.
Acts 1979, No. 937, § 11; 1981, No. 264, § 2; A.S.A. 1947, § 53-1311.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-319 - Abandoned wells

(a)
Each abandoned well shall be plugged in the manner and within the time required by rules prescribed by the Oil and Gas Commission, and the owner of the well shall give notice, upon the form the commission may prescribe, of the owner's intention to abandon any well.
(b)
No well shall be abandoned until notice has been given, and no fee shall be required to be paid with the notice.
Amended by Act 2019, No. 315,§ 1282, eff. 7/24/2019.
Acts 1979, No. 937, § 12; 1981, No. 264, § 4; A.S.A. 1947, § 53-1312.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-320 - Antitrust

The formation of a brine production unit or brine expansion unit as provided in this subchapter and the operation of the unit under order of the Oil and Gas Commission shall not be a violation of any statute of this state relating to trusts, monopolies, contracts, or combinations in restraint of trade.
Amended by Act 2015, No. 89,§ 13, eff. 2/13/2015.
Acts 1979, No. 937, § 13; A.S.A. 1947, § 53-1313.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-321 - Judicial review

(a)
Any interested person adversely affected by any provisions of this subchapter or by any rule or order made by the Oil and Gas Commission hereunder, or by any act done or threatened hereunder, and who has exhausted his or her administrative remedy, may obtain court review and seek relief by a suit for injunction against the commission, as defendant, or the members thereof, by suit in the circuit court of the county in which the property involved is located.
(b)
The suit shall have precedence over all other causes, proceedings, or suits on the docket of a different nature, and the attorney representing the commission may have the case set for trial after ten (10) days' notice to the plaintiff or his or her attorney.
(c)
In the trial, the burden of proof shall be upon the plaintiff, and all pertinent evidence with respect to the validity and reasonableness of the order of the commission complained of shall be admissible.
(d)
The statute, provision of this subchapter, or rule or order complained of shall be taken as prima facie valid, and the presumption shall not be overcome, in connection with any application for injunctive relief, including a temporary restraining order, by a verified bill or affidavit of, or in behalf of, the applicant.
(e)
The right of review accorded by this section shall be inclusive of all other remedies, but the right of appeal shall lie as hereinafter set forth.
Amended by Act 2019, No. 315,§ 1284, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1283, eff. 7/24/2019.
Acts 1979, No. 937, § 14; A.S.A. 1947, § 53-1314.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-322 - Appellate procedure

In all proceedings brought under authority of this subchapter or of any rule or order issued hereunder, and in all proceedings instituted for the purpose of contesting the validity of any provisions of this subchapter or of any rule or order issued hereunder, appeals may be taken in accordance with the general laws of the State of Arkansas relating to appeals. However, in all appeals from judgments or decrees in suits to contest the validity of any provision of this subchapter or any rule or order of the Oil and Gas Commission hereunder, the appeals, when docketed in the Supreme Court, shall take precedence over other cases on the docket of the Supreme Court and may be advanced as the Supreme Court may order and direct.
Amended by Act 2019, No. 315,§ 1285, eff. 7/24/2019.
Acts 1979, No. 937, § 17; A.S.A. 1947, § 53-1317.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-323 - Subpoena power of the commission

(a)
The Oil and Gas Commission is empowered to issue subpoenas for witnesses, to require their attendance in the giving of testimony before it, and to require the production of books, papers, and records in any proceeding before the commission as may be material upon questions lawfully before the commission. The subpoena shall be served by the sheriff or any other officer authorized by law to serve process in this state. No person shall be excused from attending and testifying or from producing books, papers, and records before the commission or court or from obedience to the subpoena of the commission or a court on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture.
(b)
Nothing contained in this section shall be construed as requiring any person to produce any books, papers, or records or to testify in response to any inquiry not pertinent to some question lawfully before the commission or court for determination. No natural person shall be subjected to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she may be required to testify or produce evidence, documentary or otherwise, before the commission or court, or in obedience to its subpoena. No person testifying shall be exempted from prosecution and punishment for perjury committed in so testifying.
(c)
In case of failure or refusal on the part of any person to comply with any subpoena issued by the commission, or in case of the refusal of any witness to testify or answer as to any matter regarding which he or she may be lawfully interrogated, any circuit court in this state, on application of the commission, may in term time or vacation issue an attachment for the person and compel him or her to comply with the subpoena and to attend before the commission and produce the documents and give his or her testimony upon matters, as may be lawfully required. The court shall have the power to punish for contempt as in case of disobedience of like subpoena issued by or from the court, or for a refusal to testify therein.
Acts 1979, No. 937, § 18; A.S.A. 1947, § 53-1318.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 76 - BRINE (§§ 15-76-201 — 15-76-324) › Subchapter 3 - BRINE PRODUCTION (§§ 15-76-301 — 15-76-324) › Section 15-76-324 - Division of Environmental Quality

(a)
Nothing contained in this subchapter shall affect the jurisdiction of the Division of Environmental Quality over owners or producers of brine or the processing and disposal of brine with respect to water or air pollution control or other matters within its jurisdiction or the requirement that owners, producers, and processors apply for and obtain a permit from the division as provided by the Arkansas Water and Air Pollution Control Act, as amended, §
8-4-101
et seq.
(b)
Nothing contained in this subchapter confers upon the Arkansas Pollution Control and Ecology Commission any authority or jurisdiction conferred by law upon the division or shall be deemed to amend the Arkansas Water and Air Pollution Control Act, as amended, §
8-4-101
et seq.
Amended by Act 2019, No. 910,§ 3183, eff. 7/1/2019.
Acts 1979, No. 937, § 21; A.S.A. 1947, § 53-1320; Acts 1999, No. 1164, § 155.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 1 - GENERAL PROVISIONS (§ 16-1-101) › Section 16-1-101 - Recidivism definition and reporting

(a)
As used in this title, "recidivism" means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with a new sentence or a revocation from parole or post-release supervision during a three-year period following the person's release from custody.
(b)
An entity that makes a recidivism report under this title shall use the definition of recidivism in this section for purposes of the recidivism report.
Amended by Act 2023, No. 659,§ 117, eff. 1/1/2024.
Added by Act 2013, No. 1030,§ 3, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 2 - OATHS AND AFFIRMATIONS (§§ 16-2-101 — 16-2-104) › Section 16-2-101 - Methods of administration

(a)
The usual mode of administering oaths practiced by the person who swears, laying his or her hand on and kissing the Gospels, shall be observed in all cases in which an oath is or may be required by law to be administered, except as otherwise provided in this chapter.
(b)
Every person who shall desire it shall be permitted to swear with an uplifted hand in the following form: "You do solemnly swear, etc."
(c)
Every person who shall declare that he or she has conscientious scruples against taking an oath or swearing in any form shall be permitted to make his or her solemn declaration or affirmation in the following form: "You do solemnly and truly declare and affirm".
(d)
Whenever the court or magistrate by whom any person is about to be sworn, shall be satisfied that the person has any peculiar mode of swearing connected with or in addition to any of the forms mentioned in this section, which mode is more solemn and obligatory in the opinion of the person, the court or magistrate may adopt that mode of swearing.
(e)
Every person believing in any religion other than the Christian religion shall be sworn according to the peculiar ceremonies of his or her religion, if there are any such ceremonies, instead of any of the other modes prescribed in this section.
Rev. Stat., ch. 105, §§ 1-5; C. & M. Dig., §§ 4175-4179; Pope's Dig., §§ 5185-5189; A.S.A. 1947, §§ 40-101 -- 40-105.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 2 - OATHS AND AFFIRMATIONS (§§ 16-2-101 — 16-2-104) › Section 16-2-102 - Officials who may administer

Every court and judge, including former judges of courts of record who served at least four (4) years, justices and clerks thereof, and all justices of the peace, shall have the power to administer oaths and affirmations to witnesses and others concerning any thing or proceeding pending before them.
Rev. Stat., ch. 105, § 9; C. & M. Dig., § 4180; Pope's Dig., § 5190; Acts 1983, No. 850, § 4; A.S.A. 1947, § 40-106.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 2 - OATHS AND AFFIRMATIONS (§§ 16-2-101 — 16-2-104) › Section 16-2-103 - Perjury

In all cases in which an oath is required or authorized by law, it may be taken in any of the forms prescribed in this chapter. Every person swearing, affirming, or declaring in any such form, or any form authorized by law, shall be deemed to have been lawfully sworn and to be guilty of perjury for corruptly and falsely swearing, affirming, or declaring, in the same manner as if he or she had sworn by laying his or her hand on the Gospels and kissing them.
Rev. Stat., ch. 105, § 10; C. & M. Dig., § 4181; Pope's Dig., § 5191; A.S.A. 1947, § 40-107.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 2 - OATHS AND AFFIRMATIONS (§§ 16-2-101 — 16-2-104) › Section 16-2-104 - Persons in armed services

(a)
Any person in any branch of the armed services of the United States of America may make oath to any affidavit before any commissioned officer of any branch of the services, and the certificate of the officer before whom the oath may be made shall be proof of the making of the oath.
(b)
The officer shall show in his or her certificate his or her rank, the branch of service in which he or she is an officer, his or her outfit, and, if and when permissible, the place where the oath was made.
Acts 1945, No. 19, § 1; A.S.A. 1947, § 40-108.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 2 - UNIFORM UNSWORN FOREIGN DECLARATIONS ACT (§§ 16-2-201 — 16-2-208) › Section 16-2-201 - Short title

This subchapter may be cited as the Uniform Unsworn Foreign Declarations Act.
Added by Act 2017, No. 889,§ 3, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 2 - UNIFORM UNSWORN FOREIGN DECLARATIONS ACT (§§ 16-2-201 — 16-2-208) › Section 16-2-202 - Definitions

In this subchapter:
(1)
"Boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
(2)
"Law" includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order, and an administrative rule, regulation, or order.
(3)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(4)
"Sign" means, with present intent to authenticate or adopt a record:
(A)
to execute or adopt a tangible symbol; or
(B)
to attach to or logically associate with the record an electronic symbol, sound, or process.
(5)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(6)
"Sworn declaration" means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit.
(7)
"Unsworn declaration" means a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
Added by Act 2017, No. 889,§ 3, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 2 - UNIFORM UNSWORN FOREIGN DECLARATIONS ACT (§§ 16-2-201 — 16-2-208) › Section 16-2-203 - Applicability

This subchapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This subchapter does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.
Added by Act 2017, No. 889,§ 3, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 2 - UNIFORM UNSWORN FOREIGN DECLARATIONS ACT (§§ 16-2-201 — 16-2-208) › Section 16-2-204 - Validity of unsworn declaration

(a)
Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this subchapter has the same effect as a sworn declaration.
(b)
This subchapter does not apply to:
(1)
a deposition;
(2)
an oath of office;
(3)
an oath required to be given before a specified official other than a notary public;
(4)
a declaration to be recorded pursuant to:
(A)
Title 16, Chapter 47;
(B)
Title 18, Subtitle 2; or
(C)
Title 26, Chapter 60; or
(5)
an oath required by §
28-25-106
.
Added by Act 2017, No. 889,§ 3, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 2 - UNIFORM UNSWORN FOREIGN DECLARATIONS ACT (§§ 16-2-201 — 16-2-208) › Section 16-2-205 - Required medium

If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.
Added by Act 2017, No. 889,§ 3, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 2 - UNIFORM UNSWORN FOREIGN DECLARATIONS ACT (§§ 16-2-201 — 16-2-208) › Section 16-2-206 - Form of unsworn declaration

An unsworn declaration under this subchapter must be in substantially the following form:
I declare under penalty of perjury under the law of Arkansas that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
Executed on the __________________ day of __________________, __________________, at __________________
(date) (month) (year)
__________________, __________________
(city or other location, and state) (country)
__________________
(printed name)
__________________
(signature)
Added by Act 2017, No. 889,§ 3, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 2 - UNIFORM UNSWORN FOREIGN DECLARATIONS ACT (§§ 16-2-201 — 16-2-208) › Section 16-2-207 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by Act 2017, No. 889,§ 3, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 2 - UNIFORM UNSWORN FOREIGN DECLARATIONS ACT (§§ 16-2-201 — 16-2-208) › Section 16-2-208 - Relation to Electronic Signatures In Global And National Commerce Act

This subchapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act,
15 U.S.C. Section 7001
, et seq., as it existed on January 1, 2017, but does not modify, limit, or supersede Section 101(c) of that act,
15 U.S.C. Section 7001(c)
, as it existed on January 1, 2017, or authorize electronic delivery of any of the notices described in Section 103(b) of that act,
15 U.S.C. Section 7003(b)
, as it existed on January 1, 2017.
Added by Act 2017, No. 889,§ 3, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 3 - LEGAL NOTICES AND ADVERTISEMENTS (§§ 16-3-101 — 16-3-108) › Section 16-3-101 - Publication of required advertisements generally

(a)
All advertisements and orders of publication required by law or order of any court, or in conformity with any deed of trust, or real estate mortgage, or chattel mortgage where the amount therein received exceeds the sum of three hundred fifty dollars ($350), or power of attorney or administrators' notices, to be made, shall be published in at least one (1) newspaper published and having a bona fide circulation in the county in which the proceedings are had, to which the advertisement or order of publication shall pertain.
(b)
If there is no newspaper published in the county, then publication shall be made by posting five (5) written or printed notices in five (5) of the most public places in the county.
(c)
If there is more than one (1) legal newspaper in a county, publication may be made in each newspaper.
(d)
(1)
As to amounts under three hundred fifty dollars ($350), written or printed notices may be posted in five (5) conspicuous places in the county.
(2)
Notice shall be served in all cases upon the debtor as summons are served.
(e)
This section shall not apply to warning orders governed by Rule 4(f) of the Arkansas Rules of Civil Procedure.
Acts 1891, No. 157, § 4, p. 269; 1893, No. 181, § 1, p. 329; 1899, No. 189, § 1, p. 333; C. & M. Dig., § 6807; Pope's Dig., § 8776; Acts 1969, No. 116, § 4; A.S.A. 1947, § 15-101; Acts 2003, No. 1185, § 37.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 3 - LEGAL NOTICES AND ADVERTISEMENTS (§§ 16-3-101 — 16-3-108) › Section 16-3-102 - Time advertisement to run

(a)
When any legal advertisement or notice is required by law to be published and no definite time is given for it to run, it shall be construed to mean for one (1) week.
(b)
When a definite time is specified, it shall be construed to mean once a week during the time so specified, except that when a definite time is specified for publication of constitutional amendments proposed by the General Assembly, it shall be construed to mean publication in four (4) weekly issues of some newspaper in each county as is provided by law.
Acts 1891, No. 157, § 6, p. 269; 1893, No. 181, § 2, p. 329; C. & M. Dig., § 6809; Pope's Dig., § 8785; Acts 1969, No. 116, § 5; A.S.A. 1947, § 15-106; Acts 1991, No. 798, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 3 - LEGAL NOTICES AND ADVERTISEMENTS (§§ 16-3-101 — 16-3-108) › Section 16-3-103 - Payment and rates

(a)
(1)
When any notice or advertisement relating to any cause, matter, or thing in any court of record shall be required by law or the order of any court to be published, the notice or advertisement, when duly published, shall be paid for by the party at whose instance it was published. This payment, or so much thereof as is deemed reasonable, may be taxed as other costs otherwise allowed by the proper courts in the course of the proceedings to which the advertisement relates.
(2)
Where there is more than one (1) newspaper published in any county, the advertisement shall be made in the newspaper designated by the attorney for the party causing the advertisement to be made.
(b)
When any advertisement shall be made by a public officer thereunto authorized by law, the reasonable expense for advertising shall be allowed and paid out of the state or county treasury as other demands and charges of a like nature are allowed and paid.
(c)
When a publication of a legal notice of any kind is allowed or required by law, except real property and personal property delinquent tax rates, a newspaper publishing the notice shall charge and receive not more than its regular classified advertising rate for publication.
Acts 1891, No. 157, §§ 1-3, p. 269; C. & M. Dig., §§ 6803-6805; Acts 1929, No. 92, § 1; 1933, No. 66, § 1; 1937, No. 169, § 1; Pope's Dig., §§ 8772-8774; Acts 1947, No. 123, § 1; 1955, No. 60, § 1; 1969, No. 116, § 1; 1977, No. 547, § 1; A.S.A. 1947, §§ 15-102 -- 15-104.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 3 - LEGAL NOTICES AND ADVERTISEMENTS (§§ 16-3-101 — 16-3-108) › Section 16-3-104 - Proof of publication

(a)
When any notice or advertisement shall be required by law or the order of any court to be published in any newspaper or made in conformity with any mortgage, deed of trust, power of attorney, or administrator's notice, the affidavit of the editor, proprietor, manager, or chief accountant, with a copy of the advertisement annexed, stating the number of times and the date of the papers in which the advertisement was published, shall be sufficient evidence of publication.
(b)
If the notice is given by five (5) written or printed notices, according to the provisions of §
16-3-101
, then the affidavit of the party giving the notice, properly verified before some officer authorized to administer oaths and showing the time and manner of giving the notice, shall be sufficient evidence of publication.
(c)
No editor, proprietor, manager, or chief accountant shall be required to make the affidavit until his or her legal fee is paid.
Acts 1891, No. 157, § 5, p. 269; 1899, No. 189, § 2, p. 333; C. & M. Dig., § 6808; Pope's Dig., § 8784; A.S.A. 1947, § 15-105.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 3 - LEGAL NOTICES AND ADVERTISEMENTS (§§ 16-3-101 — 16-3-108) › Section 16-3-106 - Authorized publications - Newspapers of general circulation

All statutes requiring publication of legal notices by insertions in newspapers published either in the applicable town or county, and also requiring general circulation of the newspapers in the town or county, may be complied with, if no such newspaper is actually published in the town or county, by publication in a newspaper having general circulation in the town or county, irrespective of whether the newspaper is published and printed in the town or county or outside the boundaries of the State of Arkansas.
Acts 1979, No. 18, § 1; A.S.A. 1947, § 15-116.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 3 - LEGAL NOTICES AND ADVERTISEMENTS (§§ 16-3-101 — 16-3-108) › Section 16-3-107 - Authorized publications - Weekly newspapers of patriotic organizations

(a)
Any weekly newspaper published in the State of Arkansas by any statewide patriotic organization and having a circulation of five hundred (500) or more in the county in which the newspaper is published is declared to be a medium or forum in which there may be published all legal and judicial advertisements, notices, orders, reports, judgments, decrees, and sales in the county.
(b)
All legal and judicial advertisements, notices, orders, reports, judgments, decrees, and sales published in such weekly newspapers are, and shall be deemed to have been, properly published within the meaning of the acts governing the publication of legal and judicial advertisements, notices, orders, reports, judgments, decrees, and sales.
Acts 1931, No. 32, §§ 1, 2; Pope's Dig., §§ 8787, 8788; A.S.A. 1947, §§ 15-113, 15-114.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 3 - LEGAL NOTICES AND ADVERTISEMENTS (§§ 16-3-101 — 16-3-108) › Section 16-3-108 - Authorized publications - Trade journals

Whenever it appears to any state, county, or municipal agency or department that a special class of readers should be reached in order to obtain a wider range of bids, the department or agency may, in addition to the legal notices and advertising provided by law, place the advertising or notices in any recognized trade publication or construction journal published in the State of Arkansas reaching the special class. The rates regularly charged by the trade publication or construction journal may be paid by the state, county, or municipal department or agency.
Acts 1937, No. 222, § 1; Pope's Dig., § 8783; A.S.A. 1947, § 15-115.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-7-207) › Chapter 4 - UNIFORM INTERSTATE AND INTERNATIONAL PROCEDURE ACT (§§ 16-4-101 — 16-4-109) › Section 16-4-101 - Personal jurisdiction of Arkansas courts

A.
Definition of "Person".
As used in this section, "person" includes an individual or his or her executor, administrator, or other personal representative, or a corporation, partnership, association, or any other legal or commercial entity, whether or not a citizen or domiciliary of this state and whether or not organized under the laws of this state.
B.
Personal Jurisdiction.
The courts of this state shall have personal jurisdiction of all persons, and all causes of action or claims for relief, to the maximum extent permitted by the due process of law clause of the Fourteenth Amendment of the United States Constitution.
C.
Service.
When the exercise of personal jurisdiction is authorized by this section, service may be made either within or outside this state.
D.
Inconvenient Forum.
When the court finds that in the interest of substantial justice the action should be heard in another forum, the court may stay or dismiss the action in whole or in part on any conditions that may be just.
Acts 1963, No. 101, § 1; 1975, No. 252, § 1; A.S.A. 1947, § 27-2502; Acts 1993, No. 7, § 1; 1995, No. 486, § 1.