2010 Arkansas Code
Title 19 - Public Finance
Chapter 10 - Claims Against the State
Subchapter 2 - Arkansas State Claims Commission
§ 19-10-204 - Jurisdiction.

19-10-204. Jurisdiction.

(a) Except as otherwise provided by law, the Arkansas State Claims Commission shall have exclusive jurisdiction over all claims against the State of Arkansas and its several agencies, departments, and institutions, but shall have no jurisdiction of claims against municipalities, counties, school districts, or any other political subdivisions of the state.

(b) (1) (A) (i) The commission shall have no jurisdiction of, or authority with respect to, claims arising under:

(a) The Workers' Compensation Law, 11-9-101 et seq.;

(b) The Department of Workforce Services Law, 11-10-101 et seq.;

(c) The Arkansas Teacher Retirement System Act, 24-7-201 et seq.;

(d) The Arkansas Public Employees' Retirement System Act, 24-4-101 et seq.;

(e) The State Police Retirement System Act, 24-6-201 et seq.; or

(f) Laws providing for old age assistance grants, child welfare grants, blind pensions, or any laws of a similar nature.

(ii) Additionally, the commission shall have no jurisdiction over claims against the state for repayment of child support, except in cases where the underlying support order is set aside as void ab initio by the court and the child support paid was retained by the state as reimbursement for public assistance paid on behalf of a child.

(iii) The commission shall have no jurisdiction over:

(a) A claim by a member of the uniformed armed services against the State Military Department, the State Militia, or any subdivision thereof, if the claim arises out of the performance of the claimant's military duty;

(b) Claims against the Department of Community Correction for acts committed by a person while that person is subject to conditions of parole or probation under Arkansas law; or

(c) Claims against the Department of Correction for acts committed by inmates while on authorized release from the Department of Correction.

(B) Claims solely addressing the receipting, processing, and reissuance of child support payments through the Arkansas child support clearinghouse shall remain within the jurisdiction of the commission.

(2) (A) The commission shall have jurisdiction only over those claims which are barred by the doctrine of sovereign immunity from being litigated in a court of general jurisdiction.

(B) The commission shall have no jurisdiction over claims for state tax refunds under 26-18-507, claims challenging tax assessments under 26-18-406, and claims challenging tax laws under Arkansas Constitution, Article 16, 13.

(3) (A) The commission shall make no award for any claim which, as a matter of law, would be dismissed from a court of law or equity for reasons other than sovereign immunity.

(B) Specifically, if the facts of a given claim would cause the claim to be dismissed as a matter of law from a court of general jurisdiction, then the commission shall make no award on the claim.

(c) The commission shall have jurisdiction over actions to contest eligibility, qualification, or election to serve as a member of the House of Representatives for the purpose of making a nonbinding recommendation thereon to that chamber of the General Assembly.

(d) The commission shall have jurisdiction over claims to recover reasonable attorney's fees and other litigation expenses reasonably incurred by plaintiffs who substantially prevailed in actions under 25-19-107 against the State of Arkansas or a department, agency, or institution of the state under the standard described in 25-19-107(d)(1).