Ark. Code Ann. § 25-15-212
Judicial review of administrative decisions: the cases that interpreted this section
Later opinions, including Koontz v. Hobbs and Whiteside v. Arkansas Parole Board, recognize the same constitutional exception.
203 citing cases reviewed of 295 in the citation index: 155 interpreted the section (annotated below), 48 cited it only in passing. Cases filed after 2026-04-01 may not have been reviewed yet.
Have a situation under Ark. Code Ann. § 25-15-212?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Administrative record
Section 25-15-212(d)(1) allows the circuit court to extend the agency's time to transmit the administrative record beyond 30 days, up to an aggregate of 90 days.
Snyder v. Ark. Dep't of Human Servs. · filed 2018-10-03(d)(1)
Additionally, the statute clearly provides that the circuit court may allow up to an aggregate of 90 days in which to transmit the entire record of the agency proceeding that is being reviewed. Snyder does not argue DHS failed to transmit the entire record within the 90-day limitation of the statute. The circuit court allowed more than 30 days but less than 90 days, which conforms with the statute. We find no error on this point.Read the full opinion on CourtListener →
Section 25-15-212(d)(1) requires the agency to file the administrative record in circuit court; when the agency fails to do so, a finding that its decision is supported by substantial evidence cannot stand.
Webb v. Sex Offender Assessement Committee · filed 2021-02-03(d)(1)
Because the SOAC failed to file the administrative record as is required under the statute, we reverse the circuit court’s finding of substantial evidence.Read the full opinion on CourtListener →
Sovereign immunity
Section 25-15-212 allows judicial review of a final agency adjudication when the agency acts as a tribunal and sovereign immunity is not implicated.
ARKANSAS OIL & GAS COMMISSION LAWRENCE BENGAL, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE ARKANSAS OIL & GAS COMMISSION · filed 2018-12-20(a)
Appellees sought judicial review of the AOGC’s final agency action; they alleged no additional claims against the AOGC or any other state actor. Under these circumstances, sovereign immunity is not implicated because the AOGC is not “made a defendant” as contemplated by article 5, section 20, of the Arkansas Constitution.Read the full opinion on CourtListener →
Section 25-15-212(a) permits judicial review of a final agency adjudication when the agency acts as a tribunal and the review does not implicate sovereign immunity.
Ark. Oil & Gas Comm'n v. Hurd · filed 2018-12-20(a)
Appellees sought judicial review of the AOGC's final agency action; they alleged no additional claims against the AOGC or any other state actor. Under these circumstances, sovereign immunity is not implicated because the AOGC is not "made a defendant" as contemplated by article 5, section 20, of the Arkansas Constitution.Read the full opinion on CourtListener →
Service of petition for review
Section 25-15-212(b)(2) requires a party seeking judicial review to serve the petition on the agency that issued the decision, even when the petitioner is another agency.
Arkansas Department of Human Services, Division of Medical Services v. Northwest Health System · filed 2022-03-02(b)(2)
In this case, we hold that the APA required DHS to serve its petition for review on DOH.Read the full opinion on CourtListener →
Notes 151–155 of 155, oldest cases first.
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