Creation of commission — Members — Salary and expense reimbursement

  1. Law
  2. Arkansas Code
  3. Public Finance
  4. Claims Against the State
  5. Arkansas State Claims Commission
  6. Creation of commission — Members — Salary and expense reimbursement

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  1. (a)

    1. (1)

      1. (A) There is created a commission to be known as the “Arkansas State Claims Commission”.

      2. (B) The commission shall consist of five (5) members to be known as “commissioners”.

      3. (C) All commissioners shall be public-spirited persons of recognized standing, and at least two (2) commissioners shall be attorneys licensed to practice law in the State of Arkansas.

    2. (2)

      1. (A)

        1. (i) The commissioners shall be appointed by the Governor and confirmed by the Senate.

        2. (ii) The commissioners shall serve for terms of five (5) years and thereafter until a successor has been appointed and qualified.

        3. (iii) A vacancy in the office of commissioner shall be filled by the Governor, and that appointee shall hold office during the unexpired portion of the term in which the vacancy occurred.

      2. (B) Commissioners may be appointed to and may serve successive terms.

  2. (b) Before entering upon the duties of his or her office, each commissioner shall take the constitutional oath of office.

  3. (c)

    1. (1) A commissioner shall not hear or participate in the consideration of a claim in which he or she is interested personally, either directly or indirectly.

    2. (2) If for reason of conflict of interest a commissioner disqualifies himself or herself or is absent for any reason from hearing a particular claim and if there are no other commissioners available to hear the claim or action, the interested parties may request that a special commissioner be appointed by the Governor to hear the specific claim or action.

  4. (d) The commission shall elect from its membership a chair or two (2) cochairs.

  5. (e)

    1. (1)

      1. (A) Each commissioner shall receive a salary as may be prescribed by law and appropriated by the General Assembly.

      2. (B) The salary shall be paid in the manner as are salaries of other state officials and employees.

    2. (2) In addition to salary, each commissioner may receive expense reimbursement in accordance with § 25-16-901 et seq.

  6. (f) The commission is considered an adjudicatory body when the commission applies or interprets:

    1. (1) A substantive procedural rule; or

    2. (2) Case law from an appellate court with jurisdiction to a pending claim or action.


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