PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISION

(Ark. Code Ann. Section 25-15-212)

CAPTION

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS
[PETITIONER/LICENSEE], Petitioner,
v.
[AGENCY/BOARD NAME], Respondent.
Case No.: [___]

INTRODUCTION

• Petition for judicial review challenging Respondent's [Denial/Discipline/Suspension/Revocation] of [License Type] issued [DATE] pursuant to the Arkansas Administrative Procedure Act, Ark. Code Ann. Section 25-15-201 et seq.

JURISDICTION, VENUE, AND TIMELINESS

• Jurisdiction under Ark. Code Ann. Section 25-15-212; venue proper in [County] Circuit Court.
• Petition timely filed within 30 days of service of final administrative decision as required by Ark. Code Ann. Section 25-15-212(a).
• Administrative remedies exhausted per Ark. Code Ann. Section 25-15-212.

PARTIES

• Petitioner [Name], license number [___].
• Respondent [Agency/Board], state agency located at [Address].

PROCEDURAL HISTORY

• Summary of accusation/notice, hearing date(s), ALJ proposed decision (if applicable), Board adoption/modification, and service of final decision on [DATE].

STANDARD OF REVIEW AND GROUNDS (Ark. Code Ann. Section 25-15-212)

The court shall reverse, vacate, or modify the agency decision if substantial rights of the petitioner have been prejudiced because the agency findings, inferences, conclusions, or decisions are:
- ☐ In violation of constitutional or statutory provisions
- ☐ In excess of the statutory authority of the agency
- ☐ Made upon unlawful procedure
- ☐ Affected by other error of law
- ☐ Not supported by substantial evidence of record
- ☐ Arbitrary, capricious, or characterized by abuse of discretion

ALLEGATIONS (SUMMARY)

• [Facts showing evidentiary gaps, legal errors, bias, or procedural defects].

RELIEF REQUESTED

• Reverse or modify the agency decision and [reinstate license/issue license/remand].
• Stay enforcement pending review per Ark. Code Ann. Section 25-15-212(d).
• Costs and attorney's fees as permitted and other relief as just.

ADMINISTRATIVE RECORD

• Request preparation/certification of the administrative record per Ark. Code Ann. Section 25-15-212(e); Petitioner will arrange for record filing and pay costs as required.

VERIFICATION AND SIGNATURE

• Verification per Arkansas Rules of Civil Procedure; signature of Petitioner/counsel; proof of service on Respondent and Arkansas Attorney General.

ARKANSAS-SPECIFIC PROCEDURAL NOTES

• The petition for review must be filed within 30 days after the date of service of the final agency decision.
• The agency must transmit the original or certified copy of the record within 30 days after receipt of the petition.
• The review is conducted by the court without a jury based on the record made before the agency.
• The court may grant a stay of the agency decision upon appropriate terms pending completion of the review proceedings.
• Appeals from circuit court decisions are taken to the Arkansas Court of Appeals.

[// GUIDANCE: For Arkansas licensing appeals, Ark. Code Ann. Section 25-15-212(d) permits the court to stay enforcement upon appropriate terms. The standard of review is whether the decision is supported by substantial evidence and not arbitrary or capricious.]