Arkansas Administrative Code › Agency 030 - Claims Commission, Arkansas State › Rule2 132.00.15-027 - Regulation 1030 Certification of Law Enforcement Canine Certifying Offical

Current through Register Vol. 49, No. 6, June, 2024
GENERAL INFORMATION
Rule 1.1. Scope of Rules
These general rules shall govern practice and procedure before the Arkansas State Claims Commission in proceedings under Act 462 of 1949 as amended and Arkansas Code Annotated §
								19-10-201 et seq., passed by the General Assembly of the State conferring the existence, composition, powers, duties and jurisdiction upon the Commission, unless otherwise directed by the Commission in any proceeding.
Rule 1.2. Liberal Construction
These rules and regulations shall be liberally construed to secure a simple, just and expeditious method for the consideration of claims against the State that because of the provisions of Article 5, Section 20 of the State Constitution cannot be determined in the regular courts of the State; and to provide for proceedings in which the State has a special interest.
Rule 1.3. Information, Special Instructions
Information as to practice and procedure under these rules and instructions supplementing these rules in special instances will be furnished upon application to the Director of the Claims Commission.
Rule 1.4. Office of the Commission, Business Hours
The principal office of the Arkansas State Claims Commission is in Little Rock. The office will be open during business hours each day between 7:30 a.m. and 4:30 p.m. (4:00 p.m. on Friday). Filings are accepted no later than 3:30 p.m. Monday - Friday. Legal holidays, those special holidays by proclamation of the Governor, Saturday and Sunday are excepted.
Rule 1.5. Communications and Pleadings Generally
(a)
How Addressed.
All communications should be addressed to the Commission as follows: Arkansas State Claims Commission, 101 East Capitol Avenue, Suite 410. Little Rock, AR 72201-3823
(b)
Complaint Form and Contents.
All claims filed with the Commission must be typewritten, printed or legibly written on forms provided by the Commission office. The original copy must be filed with the Commission office within the statutory time limits for filing.
If attachments to the provided forms exceed six (6) pages, three copies of each attachment must be submitted.
The date of receipt in the Commission office and not the date of deposit in the mail is determinative. (See "j." Defective Complaints)
(c)
Numbers Assigned to Complaint.
The Director of the Commission shall assign to each proceeding filed a claim number consisting of the year filed, title descriptive of the type of claim, which number and title will be placed on all notices issued, orders made and subsequent papers filed in each proceeding.
(d)
Cause of Action to be Stated.
Each complaint filed with the Commission must state a cause of action against the State in ordinary and concise language.
(e)
Monetary Damages Stated.
A demand for monetary damages must be perfected in the complaint, if known. An itemized outline of the damages sought and the overall total claimed in monetary figures is required prior to a hearing on the merits of a claim.
(f)
Specific Agency Named.
The specific agency, board, Commission, or institution of the 'State" must be stated within the complaint and all known officers and/or agents of the State named.
(g)
Notary Seal Required.
Each complaint filed with the Commission must bear the seal and signature of a Notary Public.
(h)
Attorney's Signature.
If a party is represented by an attorney, each complaint, pleading or paper of such party shall be signed in ink by one such attorney whose address and phone number shall be stated. The signature of an attorney constitutes a certificate by him that he has read the pleading, document or paper; that he is authorized to file it; that to the best of his knowledge, information and belief there is good ground for it; and that, with respect to a complaint, he files it with the distinct knowledge and specific consent of his client. The complaint shall have the seal of a Notary Public affixed.
(i)
No Attorney.
A complaint, pleading or paper not signed by an attorney must be signed in ink by the Claimant with the address and phone number stated. The facts alleged in the pleading must be verified by the seal and signature of a Notary Public. Any pleading, complaint or paper filed on behalf of a corporation or other organization must be verified by an executive officer of such corporation or organization and have the seal of a Notary Public affixed.
(j)
Defective Complaints.
In any complaint when, upon inspection, the Commission is of the opinion that the complaint, document or pleading tendered for filing does not comply with these rules, does not sufficiently set forth required information or is otherwise insufficient, the Commission may decline to accept the complaint, document or paper and may return it unfiled, or the Commission may accept it for filing and advise the person tendering it of the deficiency and require the deficiency be corrected. Simple "receipt" in the Commission office in no way implies an attempted claim as been "filed" with the Commission. The decision to accept or decline for filing an attempted, but deficient, claim is solely that of the Commission.