Claims Against the State

Ark. Code Ann. tit. 19, ch. 10

in effect

Ark. Code Ann. § 19-10-102 Legal representative for state agencies.

(a)(1) An attorney for a state agency against which a claim is filed shall represent his or her respective state agency before the Arkansas State Claims Commission. (2) The Attorney General shall represent all state agencies that have no special legal representatives before the Arkansas State Claims Commission. (b) Legal representation for a public employer before the Workers' Compensation Commission shall be in the manner prescribed in § 21-5-606.

Ark. Code Ann. § 19-10-103 State employee not to represent claimant.

The following shall not appear before the Arkansas State Claims Commission or the Workers' Compensation Commission as an attorney or representative for a claimant in the presentation or prosecution of a claim filed under this chapter: (1) A full-time employee of: (A) The State of Arkansas; or (B) A state agency; or (2) A member of a state agency.

Ark. Code Ann. § 19-10-104 Claims for late or lost warrants.

Before approving a claim for reissuance of a state warrant that has been lost or presented for payment after expiration of the legal date for redemption, the Arkansas State Claims Commission shall request proof from the Auditor of State that: (1) The original warrant was legally canceled because of late redemption presentation; or (2) In the case of a lost warrant, an official warrant cancellation procedure has been exercised.

Ark. Code Ann. § 19-10-201 Creation of commission — Members — Salary and expense reimbursement.

(a)(1)(A) There is created a commission to be known as the “Arkansas State Claims Commission”. (B) The commission shall consist of five (5) members to be known as “commissioners”. (C) All commissioners shall be public-spirited persons of recognized standing, and at least two (2) commissioners shall be attorneys licensed to practice law in the State of Arkansas. (2)(A)(i) The commissioners shall be appointed by the Governor and confirmed by the Senate. (ii) The commissioners shall serve for terms of five (5) years and thereafter until a successor has been appointed and qualified. (iii) A vacancy in the office of commissioner shall be filled by the Governor, and that appointee shall hold office during the unexpired portion of the term in which the vacancy occurred. (B) Commissioners may be appointed to and may serve successive terms. (b) Before entering upon the duties of his or her office, each commissioner shall take the constitutional oath of office. (c)(1) A commissioner shall not hear or participate in the consideration of a claim in which he or she is interested personally, either directly or indirectly. (2) If for reason of conflict of interest a commissioner disqualifies himself or herself or is absent for any reason from hearing a particular claim and if there are no other commissioners available to hear the claim or action, the interested parties may request that a special commissioner be appointed by the Governor to hear the specific claim or action. (d) The commission shall elect from its membership a chair or two (2) cochairs. (e)(1)(A) Each commissioner shall receive a salary as may be prescribed by law and appropriated by the General Assembly. (B) The salary shall be paid in the manner as are salaries of other state officials and employees. (2) In addition to salary, each commissioner may receive expense reimbursement in accordance with § 25-16-901 et seq. (f) The commission is considered an adjudicatory body when the commission applies or interprets: (1) A substantive procedural rule; or (2) Case law from an appellate court with jurisdiction to a pending claim or action.

Ark. Code Ann. § 19-10-202 Director — Personnel.

(a) The Director of the Arkansas State Claims Commission shall be designated by the Arkansas State Claims Commission and shall serve as both the Executive Secretary for the Arkansas State Claims Commission and the Clerk of the Arkansas State Claims Commission. (b) The commission may appoint other personnel as may be necessary to effectuate the operations of the commission and as may be authorized by biennial appropriation of the General Assembly.

Ark. Code Ann. § 19-10-203 Duties of director.

(a)(1) The duties of the Director of the Arkansas State Claims Commission shall include maintaining a system of filing and adjudicating of claims or actions against the state. (2) The director shall keep a docket of all claims or actions filed and shall present them to the Arkansas State Claims Commission in the chronological order of filing. (3) The director is responsible for maintenance and custody of the docket, files, and records of the commission, including the transcripts of testimony and exhibits, with all papers and requests filed in proceedings, the minutes of all actions taken, and all of the commission's findings, determinations, opinions, reports, orders, and rules. (4) The director shall prepare the docket of claims or actions to be considered by the commission and shall notify all parties of record of the time, date, and place of hearing in advance when a claim or action will be docketed for hearing before the commission. (5) The director shall be responsible for hiring personnel in the administration of the commission. (b) The commission shall authorize the director to sign or authenticate all orders and other actions of the commission.

Ark. Code Ann. § 19-10-204 Jurisdiction.

(a) The Arkansas State Claims Commission has jurisdiction over: (1) A claim or action that is barred by the doctrine of sovereign immunity under Arkansas Constitution, Article 5, § 20, from being litigated in a court of general jurisdiction, except as otherwise provided by law; (2) A claim or action that solely addresses the receipting, processing, and reissuance of child support payments through the Arkansas Child Support Clearinghouse; (3) A claim or action to contest eligibility, qualification, or election to serve as a member of the House of Representatives for the purpose of making a nonbinding recommendation on the claim or action to that chamber of the General Assembly; and (4) A claim or action to recover reasonable attorney's fees and other litigation expenses reasonably incurred by a plaintiff who substantially prevails in an action under § 25-19-107 against the State of Arkansas or a state agency under the standard described in § 25-19-107(d)(1). (b) The commission has no jurisdiction over a claim or action: (1) Against a municipality, county, school district, or any other political subdivision of the state; (2) Arising under: (A) The Workers' Compensation Law, § 11-9-101 et seq.; (B) The Division of Workforce Services Law, § 11-10-101 et seq.; (C) The Arkansas Teacher Retirement System Act, Acts 1973, No. 427; (D) The Arkansas Public Employees' Retirement System Act, Acts 1957, No. 177; (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; (3) Against the state for repayment of child support, except in cases in which 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; (4) Brought by a member of the uniformed armed services against the Department of the Military, the State Militia, or any subdivision of the State Militia, if the claim or action arises out of the performance of the claimant's military duty; (5) Brought against the Division of Community Correction for acts committed by a person while that person is subject to conditions of parole, post-release supervision, or probation under Arkansas law; (6) Brought against the Division of Correction for acts committed by inmates while on authorized release from the Division of Correction; (7) Brought against the Division of Youth Services for acts committed by juveniles released by the Division of Youth Services, whether or not the juvenile is subject to conditions of aftercare or probation; or (8) For state tax refunds under § 26-18-507, a claim or action challenging tax assessments under § 26-18-406, or a claim or action challenging tax laws under Arkansas Constitution, Article 16, § 13. (c) The commission shall not make an award for a claim or action that, as a matter of law, would be dismissed from a court of law for reasons other than sovereign immunity.

Ark. Code Ann. § 19-10-205 Rulemaking authority.

The Arkansas State Claims Commission may make and alter or amend all rules governing the procedure before the commission that may be necessary and expedient for the orderly discharge of the commission's duties and that are not inconsistent with this subchapter or other laws.

Ark. Code Ann. § 19-10-206 Meetings.

(a)(1) The Arkansas State Claims Commission shall meet at the time and place designated by the Chair of the Arkansas State Claims Commission, the cochairs of the Arkansas State Claims Commission, or the Director of the Arkansas State Claims Commission. (2) General meetings of the commission for the purpose of hearing testimony and taking evidence shall be held each month unless scheduled differently by the chair, the cochairs, or the director. (b) The commission may hold a special meeting of the commission upon request by the interested parties. (c) The commission shall meet in Little Rock but may conduct hearings elsewhere in the state if the commission determines that a hearing is relevant to business before the commission. (d)(1) A majority of the commissioners shall constitute a quorum, and the concurrence of two (2) members of the commission shall be necessary for the allowance or disallowance of any claims. (2) A vacancy does not impair the right of the remaining two (2) commissioners assigned to a particular hearing to exercise all powers of the full commission.

Ark. Code Ann. § 19-10-207 Power to examine.

(a) The Director of the Arkansas State Claims Commission or a commissioner of the Arkansas State Claims Commission has the authority to administer oaths, to subpoena witnesses, to examine any books, documents, or records that may be relevant to any proceeding before the commission, and to require the production of any such materials. (b) In an action to contest the election of a member of the House of Representatives, the commission's general authority to subpoena witnesses and documents shall specifically include the authority to subpoena election officers and to subpoena any ballots cast or other election records in the election at issue. (c) If a claimant or witness to whom an oath has been administered as provided under this section swears falsely to a fact material to the investigation of a claim, the false swearing shall constitute perjury, and the person swearing falsely shall be subject to prosecution. (d)(1)(A) If a person or entity fails or refuses to obey a commission subpoena or order or refuses to testify or produce any books, papers, or other documents, the commission may present its petition setting forth the facts to any court of record. (B) After being presented with a petition under this subsection, the court of record shall issue its subpoena to the person or entity, requiring his or her or its attendance before the court of record to testify or produce the books, papers, or documents as may be deemed necessary and pertinent. (C) A person or entity failing or refusing to obey the subpoena or order of the court of record may be proceeded against in the same manner as for refusal to obey any other subpoena, as provided by the Arkansas Rules of Civil Procedure. (2) The commission may use the Attorney General and the services of the prosecuting attorneys for the county and district in which the enforcement of a subpoena under this subsection is required.

Ark. Code Ann. § 19-10-208 Complaints.

(a)(1) A proceeding under this subchapter shall be commenced by a verified complaint, of which the original and three (3) copies shall be filed with the Director of the Arkansas State Claims Commission. (2) The party filing the claim or action shall be designated as the claimant, and the State of Arkansas, state agency, or applicable agent of the state shall be designated as the respondent. (b) Unless otherwise provided for under this section, the complaint shall state concisely the facts upon which the claim or action is based and shall set forth: (1) The address of the claimant and the claimant's attorney, if any; (2) The time and place of the circumstances giving rise to the claim or action; (3) The state agency whose action or inaction led to the origination of the claim or action; (4) The amount claimed or relief sought; and (5) All averments of fact necessary to state a cause of action against the state under this subchapter. (c) If the claim or action is based upon a contract or other instrument in writing, a copy of the contract or instrument in writing shall be attached to the complaint and the copies filed with the director. (d)(1) The claimant shall state in the complaint whether he or she has received any payment on account of the claim or action and, if so, the amount received. (2)(A) The claimant also shall state whether another person or business entity has an absolute or contingent interest in his or her claim or action. (B) If a person or corporation is interested in the claim, the claimant shall state the name and address of that person or corporation having the interest, the nature of the interest, and how and when it was acquired. (e) If the claimant is an executor, administrator, guardian, or other representative acting under judicial appointment, a duly certified copy of the record of appointment shall be filed with the complaint. (f)(1) A claimant who is an inmate in the Division of Correction or the Division of Community Correction at the time the claim or action is filed is limited to no more than: (A) Five (5) pages of written factual allegations and legal argument in his or her complaint; and (B) Five (5) additional pages of exhibits to accompany his or her complaint. (2)(A) An inmate filing a claim or action may file a motion to allow him or her to file additional pages of factual allegations, argument, or exhibits in excess of the limitations under subdivision (f)(1) of this section. (B) A motion filed under this subdivision (f)(2) may be granted only if the commissioners of the Arkansas State Claims Commission find that the inmate needs the additional pages to fully explain his or her claim or action or if the claim or action is sufficiently complex to warrant additional pages. (3)(A) If an inmate files a claim or action that exceeds the page limitations under this subsection, the commission shall: (i) Assign the inmate's claim a docket number; and (ii) Consider the inmate's claim filed, but mail the inmate's complaint and any attached exhibits back to him or her and give the inmate forty-five (45) days to: (a) Resubmit his or her complaint and any attached exhibits in compliance with this subsection; or (b) File a motion requesting permission to file a complaint and accompanying exhibits that exceed the page limitations under this subsection. (B) The forty-five-day time period under this subsection is excludable time in calculating the statute of limitations for the inmate's claim or action. (C) The commission may dismiss an inmate's complaint without prejudice if the inmate fails to: (i) Resubmit a complaint and attached exhibits that meet the page limitation requirements of this subsection; or (ii) File a motion requesting permission to file a complaint and attached exhibits that exceed the page limitation requirements of this subsection. (D)(i) If the commission grants a motion for a complaint and accompanying exhibits that exceed the page limitation requirements of this subsection, the commission shall set out in the order granting the motion the revised timeline for the inmate to file his or her complaint and accompanying exhibits. (ii) The commission may set a revised limit on the number of pages an inmate's complaint and accompanying exhibits may be.

Ark. Code Ann. § 19-10-209 Time for filing.

The Arkansas State Claims Commission shall not consider or allow a claim or action unless the claim or action has been filed with the Director of the Arkansas State Claims Commission as provided by this subchapter within the period allowed by law for the commencement of an action for the enforcement of the same type of claim or action.

Ark. Code Ann. § 19-10-210 Notice and hearings.

(a)(1) The Director of the Arkansas State Claims Commission shall notify each claimant and also the head of each state agency against which a claim or action is filed of the time and place set for a hearing on the claim or action, if a hearing on the matter is set by the Arkansas State Claims Commission. (2) A party to a claim or action is not entitled to a hearing as a matter of law but may request a hearing before the commission. (b)(1) The commission is not bound by the formal rules of evidence and shall conduct all hearings publicly and in a fair and impartial manner, giving the parties full opportunity for presentation of evidence, cross-examination of witnesses, and argument. (2) To the extent practicable, the commission shall adopt the procedure used by the circuit courts, and a hearing before the commission shall be conducted in a judicial manner. (c) Hearings on a motion filed by a party shall be set: (1) Upon request of one (1) of the parties; and (2) If the commission finds that oral argument or witness testimony, or both, will benefit the commission in deciding on the motion.

Ark. Code Ann. § 19-10-211 Appeals of decisions — Jurisdiction — Time periods to file.

(a)(1) Within forty (40) days after the Arkansas State Claims Commission transmits a final order on a claim or action before the commission, a party to the claim or action may file with the commission a: (A) Notice of appeal of the final order to the General Assembly; or (B)(i) Motion requesting that the commission reconsider its final order. (ii)(a) If a motion for reconsideration is denied, a party may file with the commission a notice of appeal of the claim to the General Assembly within twenty (20) days of the commission's transmitting the order denying the motion for reconsideration. (b) Subdivision (a)(1)(B)(ii)(a) of this section applies only if the commission's reconsideration constitutes a final order. (2) The commission shall advise parties of the right of appeal under this section when the commission notifies the parties of the commission's final order. (3) The General Assembly has exclusive jurisdiction to hear appeals under this section. (b)(1)(A) The commission shall timely notify the General Assembly and all parties to the claim or action when a notice of appeal to the General Assembly is filed with the commission within the number of days permitted to file a notice of appeal. (B) If a notice of appeal is submitted outside the number of days permitted to file a notice of appeal, the commission shall not: (i) Accept the notice of appeal for filing; or (ii) Transmit the notice of appeal to the General Assembly for consideration. (C) If an untimely notice of appeal is submitted under subdivision (b)(1)(B) of this section, the commission shall notify all parties to the claim or action that the notice of appeal: (i) Was submitted outside the number of days permitted to file a notice of appeal; and (ii) Will not be transmitted to the General Assembly for consideration. (2)(A) Notice provided to the General Assembly under subdivision (b)(1) of this section terminates the commission's jurisdiction over the claim or action. (B) Unless ordered to do so by the General Assembly, the commission is prohibited from doing anything further on the claim or action aside from ordinary ministerial duties. (3) The commission shall regain jurisdiction over the claim or action if, in consideration of an appeal of a final order, the General Assembly sends the claim or action back to the commission: (A) For further proceedings consistent with any order of the General Assembly; or (B) To notify the claimant that the award has been upheld, reversed, or amended.

Ark. Code Ann. § 19-10-212 Reports of state agency liability.

(a) When a state agency admits liability to a claim filed with the Arkansas State Claims Commission, the state agency shall file a written report of the claim with the Litigation Reports Oversight Subcommittee of the Legislative Council if the claim: (1) Involves a contract with the state agency; or (2) Exceeds fifteen thousand dollars ($15,000). (b) The state agency shall include in its report a concise statement of facts with an explanation of the state agency's liability. (c) The state agency shall file its report within thirty (30) days after the claim or action has been adjudicated and a final order has been issued by the commission.

Ark. Code Ann. § 19-10-213 State agency to pay claim — Employment compensation claims — Director disbursing officer.

(a)(1) When a claim or action is determined to be a valid claim or action against the state under this chapter and the claim or action is to be paid from funds not in the State Treasury, the Director of the Arkansas State Claims Commission shall notify the state agency against which the claim or action is to be charged of the amount of the claim or action. (2) Upon receipt of the notification under subdivision (a)(1) of this section, the state agency shall deliver a check to the director who shall deposit the funds as a nonrevenue receipt into the Miscellaneous Revolving Fund from which the director shall disburse the amount of the claim or action to the claimant. (b)(1) The director shall distribute a warrant for the payment of a valid claim against the state for employment compensation claims in the manner provided by this subsection. (2) If an employment compensation claim is determined to be a valid claim against the state, the director shall notify the state agency against which the claim is to be charged and the Office of Personnel Management of the amount of the claim. (3) Upon receipt of the notification under this subsection, the state agency against which the claim is charged shall process the award through the state mechanized payroll system. (c)(1) The director shall be the disbursing officer for the funds appropriated for expense reimbursements for the Firefighter Benefit Review Panel. (2) Expense reimbursements under this subsection shall be paid to the panel as certified in writing to the Arkansas State Claims Commission by the Chair of the Firefighter Benefit Review Panel. (3) The commission may pay expense reimbursements for all unpaid meetings in prior state fiscal years.

Ark. Code Ann. § 19-10-214 Effect on liens.

(a) Arkansas State Claims Commission awards are state property and therefore: (1) Liens do not attach to commission awards; and (2) A commission award is not assignable. (b)(1) If the commission and the General Assembly approve appeals or claims or actions above fifteen thousand dollars ($15,000) and name as payees, in addition to the claimant, other individuals or entities who would normally have liens in a court of law, other than insurance company subrogation claims, then the commission may deposit the amount approved into the registry of the Pulaski County Circuit Court. (2) After reasonable notice to the claimant and any named payees, the court shall establish the validity and priority to the moneys upon petition of the claimant or any named payee.

Ark. Code Ann. § 19-10-215 Restrictions on awards.

(a) With the exception of death and disability benefit claims paid under § 21-5-701 et seq., the Arkansas State Claims Commission shall not pay an award in excess of fifteen thousand dollars ($15,000). (b) If an award is greater than fifteen thousand dollars ($15,000), the commission shall refer the claim or action to the General Assembly for approval and, if approved, an appropriation.

Ark. Code Ann. § 19-10-216 Final orders — Findings of fact and conclusions of law required.

(a)(1) When the Arkansas State Claims Commission dismisses a claim or action with a final order or issues a final order of a claim or action on the merits, the commission shall set forth specific findings of fact and conclusions of law to support its decision. (2) Citations to a party's motion or argument do not fulfill the requirements of this subsection unless otherwise supported by an explanation, with particularity, as to why the party's motion or argument is determinative to the outcome of the claim or action. (3) When the commission bases its decision on a specific rule of civil procedure, rule of evidence, statute, or controlling appellate court decision, the commission shall cite the rule, statute, or appellate court decision. (4) The General Assembly shall not accept a claim or action on appeal when the claim or action has as its final adjudication findings of fact and conclusions of law that do not comply with this section. (b) Failure to comply with this section shall result in the General Assembly's sending the claim or action back to the commission for further action until the requirements of subsection (a) of this section are met. (c) A claim or action filed by a person who at the time of filing is an inmate of the Division of Correction is exempted from the requirements of this section. (d) The findings of fact and conclusions of law contained in a final order under this section are presumed to be correct for the purposes of review by or appeal to the General Assembly.

Ark. Code Ann. § 19-10-217 Motions — Grounds required to preserve for appeal.

(a) If the Arkansas State Claims Commission denies a motion, the party whose interests were adversely affected by the commission's denial may appeal the denial under § 19-10-211 so long as the legal issue or factual issue in dispute was preserved for appeal with a specific ruling, in writing, by the commission. (b)(1)(A) It is the responsibility of the party whose interests were adversely affected by the commission's ruling on the motion to ask the commission to file a written order denying the motion if the commission had previously denied the motion and has not already filed a written order on the motion before the commission issues its final order. (B) If a party requests that the commission file a written order denying a motion under this subsection, the commission shall do so before issuing a final order. (2) If the basis of a ground for appeal by a party is that a motion was erroneously granted, a filed written order by the commission is not necessary.

Ark. Code Ann. § 19-10-218 Interlocutory appeals prohibited.

(a) A party shall not file, and the Arkansas State Claims Commission shall not entertain, an interlocutory appeal of a legal issue. (b)(1) The Director of the Arkansas State Claims Commission shall reject an interlocutory motion. (2) An interlocutory motion shall not be included in the record of the case. (c) All legal issues or factual issues in dispute that have been raised and addressed by the commission may be included in a party's appeal of the commission's final order.

Ark. Code Ann. § 19-10-219 Small claims adjudication.

(a)(1) The Arkansas State Claims Commission may establish a small claims adjudication process for claims or actions seeking one thousand dollars ($1,000) or less. (2) The small claims adjudication process shall provide that claims or actions be given docket priority, and the use of informal discovery, hearings utilizing teleconferencing or other off-site communications technology, and relaxed procedural rules are encouraged to facilitate efficient and timely resolution. (b)(1) A claim or action seeking one thousand dollars ($1,000) or less may be: (A) Assigned to be heard by one (1) commissioner of the commission; and (B) Decided by the commissioner on the basis of the pleadings alone. (2) If a claimant objects to having the claim or action heard as a small claims adjudication under this section, the claimant may request that the claim or action be heard in the usual manner for similar claims or actions. (c) Before a proposed written final order of a small claims adjudication under this section is considered final for the purposes of award or appeal, the proposed written final order shall be reviewed by a panel consisting of: (1) The commissioner of the commission assigned to the claim or action; and (2) Two (2) other commissioners of the commission.

Ark. Code Ann. § 19-10-220 Special masters authorized.

(a) The Arkansas State Claims Commission may appoint a special master with specialized knowledge and skill to assist the commission in achieving a more timely resolution of complex litigation arising from a claim or action. (b)(1) All or part of a special master's findings may be included as part of or in addition to a commission's final order. (2) The special master's findings, if disputed by a party, may be raised on appeal.

Ark. Code Ann. § 19-10-221 Abuse of process by litigants.

An inmate in the Division of Correction or the Division of Community Correction who has filed more than three (3) unsuccessful claims or actions under this subchapter within a period of two (2) years may have his or her subsequent claims or motions dismissed by the Arkansas State Claims Commission upon receipt as abuse of process, for one (1) year from the date of dismissal of the inmate's third unsuccessful claim.

Ark. Code Ann. § 19-10-222 Corporate or business entity to be represented by attorney.

(a) Except as provided in subsection (b) of this section, a corporate or business entity created under the laws of this state or another state shall be represented at all times in a claim or action under this subchapter by an attorney licensed to practice law in this state. (b) Representation by an attorney licensed to practice law in this state is not required under this section if: (1) The amount of money at issue is less than two thousand dollars ($2,000); or (2) The claim is: (A) An uncontested claim for the reissuance of a warrant; or (B) For the refund of a liquor license permit application fee.

Ark. Code Ann. § 19-10-223 Failure to exhaust available state or administrative remedy.

The Arkansas State Claims Commission may dismiss a claim or action without prejudice on the commission's own motion if the claimant has failed to submit with the claimant's initial complaint or claim filing documentation that the claimant has exhausted all available state or administrative remedies.

Ark. Code Ann. § 19-10-301 Definitions.

As used in this subchapter, unless the context otherwise requires: (1) “Insurer” means every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance; and (2) “Subrogation claim” means any claim filed with the Arkansas State Claims Commission by an insurer or its insured, or both, to recover money paid or owed by an insurer to any individual under a contract of insurance.

Ark. Code Ann. § 19-10-302 Exhaustion of remedies against insurer.

(a) The Arkansas State Claims Commission shall not dismiss a claim with prejudice on grounds that the claimant has received or is due benefits under a policy of insurance. However, the commission shall hear no claim until the claimant has exhausted all remedies against insurers, including the claimant's insurer. (b) Every claim filed with the commission shall be accompanied by a sworn affidavit, on a form to be provided by the commission, signed by the claimant and witnessed by the claimant's insurer and legal counsel, if any, that the claimant has exhausted all remedies against insurers, including the claimant's insurer. The affidavit shall further state the total amount of insurance benefits paid to the claimant.

Ark. Code Ann. § 19-10-303 Reduction of award.

(a) If the Arkansas State Claims Commission awards damages to a claimant who has received benefits under any policy of insurance, the premium of which has not been paid by or on behalf of the claimant, the commission shall reduce its award by the amount of insurance benefits received by the claimant. (b) The commission shall not reduce awards for damages to a claimant who has received benefits under a policy of insurance, the premium of which has been paid by or on behalf of the claimant.

Ark. Code Ann. § 19-10-304 Subrogation claims not heard.

The Arkansas State Claims Commission shall not hear subrogation claims. This fact shall in no way alter or vary the operation or coverage of §§ 21-9-201 — 21-9-205 .

Ark. Code Ann. § 19-10-305 Immunity of state officers and employees — Status as employee.

(a) Officers and employees of the State of Arkansas are immune from liability and from suit, except to the extent that they may be covered by liability insurance, for damages for acts or omissions, other than malicious acts or omissions, occurring within the course and scope of their employment. (b) For purposes of this chapter, agreements between the State of Arkansas and a state of the United States or the District of Columbia entered into pursuant to the Interlocal Cooperation Act, § 25-20-101 et seq., shall confer status of an employee for purposes of this chapter on persons acting pursuant to such agreement. (c) For purposes of this chapter, persons acting individually or on behalf of charitable organizations, other than motor carriers as defined by § 23-13-203(a)(13), shall have the status of an employee while transporting persons as a service of the Transitional Employment Assistance Program. (d) For purposes of this chapter, dental residents and faculty of a pediatric dentistry program in an adjoining state shall have the status of an employee while on duty and performing assigned responsibilities in a pediatric dentistry program located within a hospital dental clinic in this state.

Ark. Code Ann. § 19-10-306 Res judicata or collateral estoppel.

If an individual commences a civil action in any court of law within this state which arises out of the same subject matter or occurrence that is the subject matter of a complaint before the Arkansas State Claims Commission, the commission shall recognize any final judgment or order rendered in the civil action as a bar to further consideration of the claim in accordance with principles of res judicata and collateral estoppel.

Ark. Code Ann. § 19-10-401 Reports of personal injury or death.

All state officers, heads of agencies, departments, and institutions shall file a report with the Workers' Compensation Commission, within ten (10) days after knowledge of any personal injury or death of any employee of the state or any of its agencies, departments, or institutions. This report shall be made on forms approved by the commission and shall give the date, place, and time of day of any such injury or death, briefly stating the circumstances and extent thereof, the name of the injured or deceased person, and the names of any and all witnesses.

Ark. Code Ann. § 19-10-402 Jurisdiction and procedure.

(a)(1) The Workers' Compensation Commission shall have exclusive jurisdiction, as limited in this subchapter, of all claims against the State of Arkansas and its several agencies, departments, and institutions for personal injuries and deaths of employees and officers of the State of Arkansas and its agencies, departments, and institutions arising out of and in the course of employment or service. (2)(A) Awards for these injuries and deaths shall be made by the commission in the same amounts and on the same terms and conditions as if such injuries and deaths had arisen out of and in the course of private employment covered by the Workers' Compensation Law, § 11-9-101 et seq. (B) The procedure to be followed in the presentation, hearing, and determination of claims shall, in all respects, be the same as in claims for compensation for injuries and deaths arising out of and in the course of private employment covered by the Workers' Compensation Law, § 11-9-101 et seq. (b) The General Assembly shall at each session appropriate, from such sources as it may see fit, a sum sufficient to satisfy such claims as are or probably will be payable during the following fiscal year under awards made under this section. The commission shall direct the distributions of this fund and make disbursements upon the vouchers issued against it.

Ark. Code Ann. § 19-10-403 Workers' Compensation Revolving Fund.

(a) There is created in the State Treasury a special fund to be known as the “Workers' Compensation Revolving Fund”. All sums appropriated by the General Assembly pursuant to this subchapter shall be deposited by the Treasurer of State to the account of the fund. (b) The Workers' Compensation Commission shall draw all vouchers against the fund in payment of awards made by it under this subchapter.

Ark. Code Ann. § 19-10-404 State deemed self-insurer.

For the purposes of this subchapter, the State of Arkansas shall be considered a self-insurer and shall be exempt from all fees and tax as such.

Ark. Code Ann. § 19-10-405 Awards and expenses.

In the event an award is made, the Workers' Compensation Commission shall immediately take the necessary steps to pay the award and all expenses incidental to the claim from any funds previously made available by the General Assembly for such purpose.

Ark. Code Ann. § 19-10-406 Report of findings.

Upon the allowance or disallowance of any claim, the Workers' Compensation Commission shall immediately transmit a copy of its findings to the Secretary of the Department of Finance and Administration and interested parties.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.19.htmlFetched: 11/8/2026