Arkansas Administrative Code Agency 030 - Claims Commission, Arkansas State
1. What It Is
The Arkansas Administrative Code (AAC) is a collection of rules created by state agencies to implement state laws. These rules explain how the laws will actually be applied and enforced.
Agency 030 covers the Arkansas State Claims Commission, which is the body responsible for handling claims against the state of Arkansas.
In short, if someone wants to seek payment from the state for damages, injury, or loss, Agency 030 governs how that process works.
2. Purpose of Agency 030
The main purpose of the Claims Commission is to:
Review claims against the state – When someone believes the state caused them harm or financial loss.
Determine whether the state is liable – Decide if the state should pay compensation.
Award damages or settle claims – If a claim is valid, the Commission can authorize payment.
Ensure fair and consistent treatment – Apply rules so all claims are handled equally.
This is done under the Arkansas Constitution and state law, which gives the Commission authority to act as a neutral body to review these claims.
3. Structure of Agency 030
Agency 030 is divided into sections or rules that explain how the Commission operates. Key areas include:
a) Definitions
Explains important terms, such as:
Claim – A demand for money due to injury, loss, or damages caused by the state.
State agency – Any department or entity under the state government.
Commission – The Arkansas State Claims Commission.
b) Filing a Claim
A claim must be submitted in writing.
Requirements include:
Name and address of claimant
Date and location of the incident or loss
Description of damages
Amount claimed
Deadlines: Claims usually must be filed within a certain time after the event occurs.
c) Processing the Claim
The Commission reviews the claim to:
Verify that the claim is legitimate
Determine if the state has legal responsibility
Decide whether to settle, deny, or schedule a hearing
d) Hearings
Some claims are decided through hearings, which can include:
Oral testimony from the claimant and witnesses
Evidence from the state agency involved
Legal arguments from attorneys
Hearings are usually public, but some parts may be closed for privacy.
e) Awards and Settlements
If the Commission finds the state liable, it can award compensation for:
Personal injuries
Property damage
Wrongful acts by state employees
Settlements must follow state law and budget rules, so the Commission cannot pay unlimited amounts.
f) Appeals
Decisions of the Commission may be appealed to a higher court, typically the Arkansas Court of Appeals or Supreme Court.
g) Limitations and Exceptions
Some types of claims may not be eligible, such as:
Claims barred by law
Claims exceeding statutory limits
Claims against entities not under state authority
4. Key Points to Remember
The Claims Commission protects both citizens and the state, by handling claims fairly.
Filing a claim requires specific information and deadlines.
Hearings can include evidence, witnesses, and legal review.
The Commission has the authority to award damages but within legal limits.
Appeals are possible if a claimant or the state disagrees with the decision.
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