2012 Arkansas Code
Title 11 - Labor and Industrial Relations
Chapter 4 - Wage and Hour Regulations Generally
Subchapter 2 - -- Minimum Wage Law
§ 11-4-219 - Judicial review.

(a) Any interested person in any occupation for which any administrative regulation has been issued under the provisions of this subchapter who may be aggrieved by any regulation may obtain a review thereof in the circuit court of the county of the residence of the aggrieved party by filing in the court within twenty (20) days after the date of publication of the regulation a written petition praying that the regulation be modified or set aside.

(b) A copy of the petition shall be served upon the Director of the Department of Labor.

(c) (1) The court shall review the record of the proceedings before the director, and the director's findings of fact shall be affirmed if supported by substantial evidence. The court shall determine whether the regulation is in accordance with law.

(2) If the court determines that the regulation is not in accordance with law, it shall remand the case to the director with directions to modify or revoke the regulation.

(d) (1) If application is made to the court for leave to adduce additional evidence by any aggrieved party, the party shall show to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence before the director.

(2) If the court finds that the evidence is material and that reasonable grounds exist for failure of the aggrieved party to adduce the evidence in prior proceedings, the court shall remand the case to the director with directions that the additional evidence be taken before the director.

(3) The director may modify his or her findings and conclusions, in whole or in part, by reason of the additional evidence.

(e) Hearings in the circuit court on all appeals taken under the provisions of this subchapter shall take precedence over all matters except matters of the same character. The jurisdiction of the court shall be exclusive, and its judgment and decree shall be final, except that it shall be subject to review by the Supreme Court.

(f) (1) The commencement of proceedings under subsections (a)-(d) of this section, unless specifically ordered by the court, shall not operate as a stay of an administrative regulation issued under the provisions of this subchapter.

(2) The court shall not grant any stay of an administrative regulation unless the person complaining of the regulation shall file an amount in the court, undertaking with a surety satisfactory to the court, for payment to the employees affected by the regulation in the event that the regulation is affirmed. The surety shall be in an amount by which the compensation the employees are entitled to receive under the regulation exceeds the compensation they actually receive while the stay is in effect.