2020 Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Chapter 2 - Regulatory Commissions
Subchapter 4 - Procedure Before Commissions
§ 23-2-425. Appeals from department

Universal Citation: AR Code § 23-2-425 (2020)
  1. (a)

    1. (1) Within thirty (30) days after the entry on the record of the Arkansas Department of Transportation of any order made by it, any party aggrieved may file a written motion with the secretary of the department praying for appeal from the order to the Pulaski County Circuit Court.

    2. (2) Thereupon, the appeal shall be automatically deemed as granted as a matter of right without any further order.

    3. (3) Upon the granting of the appeal, the secretary shall at once make a full and complete transcript of all proceedings had before the department in the matter and of all evidence before it in the matter, including all files therein.

    4. (4) The secretary shall deposit the transcript in the office of the clerk of the circuit court immediately.

    5. (5) The appeal shall be given preference over all other cases on the docket of the circuit court.

    6. (6) Upon the filing of the motion of the appeal and at any time thereafter, the circuit court or its circuit judge shall have the right to issue such temporary or preliminary orders as to it or him or her may seem proper until a final decree is rendered.

    7. (7) The circuit court shall thereupon review the order upon the record presented in the case and enter its finding and order thereon. It shall cause the order to be certified to the department immediately. The order shall direct that action be taken by the department in conformity with it unless an appeal from the order to the Supreme Court shall be taken within the time specified in subsection (b) of this section and in case of such an appeal to await further orders of the circuit court.

  2. (b)

    1. (1) Within thirty (30) days after rendition of any order of any circuit court under the terms of this act, whether such an order is rendered on appeal of municipal council action, city commission action, or department action, any party aggrieved may file a motion in writing in the circuit court or in the office of the clerk thereof praying an appeal from such an order to the Supreme Court.

    2. (2) The motion, when so filed, shall be granted as a matter of right by the circuit court or by the clerk thereof.

    3. (3) The appeal to the Supreme Court shall be governed by the procedure and reviewed in the manner applicable to other appeals from the circuit court. However, any finding of fact by the circuit court shall not be binding on the Supreme Court, and the Supreme Court may and shall review all the evidence and make such findings of fact and law as it may deem just, proper, and equitable.

    4. (4) The record shall be lodged in the office of the Clerk of the Supreme Court within sixty (60) days from the rendition of the order in the circuit court.

    5. (5) All such cases shall be regarded and treated in the Supreme Court as cases involving public interest and shall be advanced and given preference on the docket of the court on motion of either party.

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