Judicial review of rules

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  1. (a)

    1. (1) Any person aggrieved by a rule of the Director of the Division of Labor made pursuant to § 11-2-112 may commence an action in the Pulaski County Circuit Court against the Division of Labor, as defendant, to set aside the rule on the ground that it is unlawful or unreasonable.

    2. (2) The action and the pleadings shall be governed by the laws and rules of practice applicable to other civil actions in the court.

    3. (3) Any action brought under this section shall be commenced within thirty (30) days from the effective date of the rule.

  2. (b)

    1. (1) All rules of the director shall be prima facie lawful and reasonable and shall not be held invalid because of any technical defect, provided there is substantial compliance with the provisions of this subchapter.

    2. (2) All rules shall be conclusively presumed to be lawful and reasonable if the action is not commenced within thirty (30) days from the date of the rule as provided in this section.


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