2010 Arkansas Code
Title 25 - State Government
Chapter 16 - State Officers
Subchapter 7 - Attorney General
§ 25-16-708 - Appointment of special counsel to collect moneys due state.

25-16-708. Appointment of special counsel to collect moneys due state.

(a) When there shall be past due and unpaid any special license fee, franchise tax, privilege tax, or other moneys due the state by individuals, officers, companies, firms, or corporations, and when in his or her judgment it would be for the best interest of the state to do so, the Attorney General shall have the authority to appoint special counsel to take any steps which shall be necessary for the collection of all those sums which are due and unpaid.

(b) In all cases in which the Attorney General may appoint special counsel under the provisions of this section, the special counsel shall receive a reasonable compensation for his or her services, dependent on recovery, to be fixed by the Attorney General where collection is made without suit, and by the court or judge trying the cause where suits are instituted. The compensation shall in no case be more than twenty-five percent (25%) of the amount recovered.

(c) The venue of all suits contemplated by the provisions of this section shall be in the circuit court of any county in Arkansas where legal service of summons can be made.

(d) In cases in which the Attorney General deems it for the best interest of the state to do so, he or she is given authority to make any compromises of delinquent taxes or moneys, as herein described, as in his or her judgment shall secure for the state the most advantageous settlement.

(e) All moneys collected under the provisions of this section, less the compensation of special counsel fixed under authority of subsection (b) of this section, shall be paid over promptly to the Treasurer of State, who shall issue his or her receipt therefor to the Attorney General.

(f) This section shall not be so construed as to repeal 22-5-401.