State Administrative Appeal - Arkansas

PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISION

(Arkansas Administrative Procedure Act, Ark. Code Ann. Section 25-15-212)

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS

Case No.: _________________

[PETITIONER],
Petitioner,

v.

[RESPONDENT STATE AGENCY],
Respondent.

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Jurisdiction, Venue & Governing Law
4. Parties
5. Exhaustion of Administrative Remedies
6. Statement of Facts
7. Claims for Relief
8. Prayer for Relief
9. Verification
10. Signature Block

1. DOCUMENT HEADER

1.1 Effective Date. This Petition for Judicial Review (the "Petition") is deemed filed on the date reflected by the Clerk's endorsement.

1.2 Recitals.
(a) Respondent [STATE AGENCY] ("Agency") issued a final decision dated [DATE OF DECISION] (the "Decision") imposing [DESCRIBE PENALTY/ORDER] against Petitioner.
(b) Petitioner timely seeks judicial review pursuant to the Arkansas Administrative Procedure Act, Ark. Code Ann. Section 25-15-212.
(c) Petitioner additionally seeks declaratory and injunctive relief pending final determination.

2. DEFINITIONS

"Administrative Record" - the complete record of the underlying agency proceeding.

"Agency" - [RESPONDENT STATE AGENCY FULL FORMAL NAME] and its officers, employees, agents, subdivisions, boards, and successors.

"Decision" - the final administrative decision issued by Agency on [DATE] in Case No. [AGENCY CASE NO.].

"Petitioner" - [PETITIONER FULL LEGAL NAME], including its officers, directors, employees, agents, successors, and assigns.

3. JURISDICTION, VENUE & GOVERNING LAW

3.1 Statutory Basis. This Court has jurisdiction under Ark. Code Ann. Section 25-15-212.

3.2 Venue. Venue is proper in this Court because Petitioner resides in [COUNTY] County and/or the Agency is located in this county, or the conduct occurred in this county.

3.3 Governing Law. This Petition is governed by the Arkansas Constitution and the Arkansas Administrative Procedure Act (Ark. Code Ann. Section 25-15-201 et seq.).

4. PARTIES

4.1 Petitioner. Petitioner [PETITIONER NAME] is a [DESCRIBE ENTITY TYPE] with its principal place of business at [ADDRESS].

4.2 Respondent. Respondent [STATE AGENCY] is a state administrative agency established under [CITE ENABLING STATUTE], with principal offices at [ADDRESS].

5. EXHAUSTION OF ADMINISTRATIVE REMEDIES

5.1 Petitioner participated fully in the underlying agency proceeding and preserved each objection stated herein.

5.2 The Agency issued its final Decision on [DATE]. No further intra-agency review is available; all administrative remedies are exhausted.

5.3 This Petition is filed within the statutory 30-day limitations period prescribed by Ark. Code Ann. Section 25-15-212(a).

6. STATEMENT OF FACTS

6.1 Overview. On [DATE], Agency commenced administrative enforcement against Petitioner alleging [SUMMARY OF ALLEGED VIOLATIONS].

6.2 Evidentiary Hearing. An evidentiary hearing was conducted on [DATE(S)] before [ALJ/HEARING OFFICER NAME].

6.3 The Decision. On [DATE], the Agency issued its final Decision finding [FINDINGS] and imposing [SANCTIONS].

6.4 Prejudice. The Decision adversely affects Petitioner by [DESCRIBE HARM].

7. CLAIMS FOR RELIEF

7.1 FIRST CAUSE OF ACTION - Judicial Review (Ark. Code Ann. Section 25-15-212)

Under Ark. Code Ann. Section 25-15-212(h), 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

7.2 SECOND CAUSE OF ACTION - Declaratory Relief

Petitioner seeks a judicial declaration that the Decision is void and unenforceable.

7.3 THIRD CAUSE OF ACTION - Injunctive Relief

Petitioner seeks injunctive relief barring enforcement of the Decision pending resolution.

8. PRAYER FOR RELIEF

WHEREFORE, Petitioner prays for judgment as follows:
A. Reversal or modification of the Agency Decision;
B. Declaratory judgment that the Decision is null and void;
C. Preliminary and permanent injunctive relief;
D. Stay of enforcement per Ark. Code Ann. Section 25-15-212(d);
E. Costs and attorney's fees as permitted;
F. Other relief as just and proper.

9. VERIFICATION

I, [NAME], am the [TITLE] of Petitioner. I have read the foregoing Petition and the matters stated therein are true to my knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on [DATE], at [CITY, STATE].

___________________________________
[NAME], [Title]

10. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
Attorneys for Petitioner

By: ___________________________________
[ATTORNEY NAME]
Arkansas Bar No. [####]
[ADDRESS]
[PHONE] | [EMAIL]

Dated: ____________________

ARKANSAS-SPECIFIC PROCEDURAL NOTES

• The petition must be filed within 30 days after service of the final agency decision.
• The agency must transmit the administrative record within 30 days of receiving the petition.
• The court conducts review without a jury on the basis of the agency record.
• The court may grant a stay of the agency decision pending review under Ark. Code Ann. Section 25-15-212(d).
• Appeals from circuit court go to the Arkansas Court of Appeals.