Petition for Judicial Review of Agency Adjudication - Arkansas

PETITION FOR JUDICIAL REVIEW OF AGENCY ADJUDICATION

Filing Gate

Use this worksheet only after confirming that Ark. Code Ann. § 25-15-212 governs the Agency and adjudication.

Section 25-15-212(b)(1) requires filing within 30 days after service of the final decision. File in a circuit court of a county where Petitioner resides or does business, or in Pulaski County Circuit Court.

Caption

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS

[PETITIONER NAME], Petitioner

v. Case No. __________

[AGENCY NAME], Respondent

PETITION FOR JUDICIAL REVIEW

Petitioner states:

1. Petitioner is [name and address].

2. Respondent [agency] issued the final decision in Agency Case No. [number] on [__/__/____]. A copy is attached.

3. The final decision was served on Petitioner on [__/__/____].

4. Petitioner is injured in person, business, or property because:

[____________________________________________________________]

5. This petition is filed within 30 days after service.

6. Venue is proper because:

☐ Petitioner resides in this county;

☐ Petitioner does business in this county; or

☐ this is Pulaski County Circuit Court.

7. Petitioner exhausted required administrative remedies by:

[____________________________________________________________]

8. Petitioner seeks relief because the administrative findings, inferences, conclusions, or decision are:

☐ contrary to constitutional or statutory provisions

☐ beyond the Agency's statutory authority

☐ made upon unlawful procedure

☐ affected by other error of law

☐ unsupported by substantial evidence of record

☐ arbitrary, capricious, or characterized by abuse of discretion

WHEREFORE, Petitioner asks the Court to affirm in part, remand, reverse, or modify the decision as authorized by § 25-15-212(h), and grant other proper relief.

Dated: [__/__/____]

Signature: ______________________________

Name / Arkansas Bar No.: [________________________________]

Address / Telephone / Email: [________________________________]

Service

Serve the Agency and every other party of record under the Arkansas Rules of Civil Procedure.

Stay

Filing does not automatically stay enforcement. The Agency or reviewing court may grant a stay on just terms. Review of healing-arts professional licensing discipline has additional notice-and-hearing language in § 25-15-212(c).

☐ No stay requested

☐ Agency stay requested

☐ Court stay motion prepared

Record

The Agency generally transmits the original or certified record within 30 days after service of the petition, subject to a court extension not exceeding 90 aggregate days. The Agency initially bears preparation cost, but may recover it from the appealing party if the Agency prevails.

☐ Record transmitted

☐ Record shortening considered

☐ Missing items identified

☐ Additional-evidence request evaluated

Filing Checklist

☐ Agency is covered by the Arkansas APA

☐ Final agency action and service date confirmed

☐ Thirty-day period calculated

☐ Injury stated

☐ Correct circuit court selected

☐ Agency and every record party served

☐ Stay handled separately if needed

☐ Record and potential cost recovery monitored

Sources and References

• Arkansas Department of Health, Arkansas Administrative Procedure Act, including Ark. Code Ann. § 25-15-212 (September 2024 compilation): https://healthy.arkansas.gov/wp-content/uploads/8-Appendix-G-Administrative-Procedure-Act-September-2024-Final-Format.pdf