Final orders — Findings of fact and conclusions of law required

1. Law
2. Arkansas Code
3. Public Finance
4. Claims Against the State
5. Arkansas State Claims Commission
6. Final orders — Findings of fact and conclusions of law required

1. (a)

   1. (1) When the Arkansas State Claims Commission dismisses a claim or action with a final order or issues a final order of a claim or action on the merits, the commission shall set forth specific findings of fact and conclusions of law to support its decision.

   2. (2) Citations to a party's motion or argument do not fulfill the requirements of this subsection unless otherwise supported by an explanation, with particularity, as to why the party's motion or argument is determinative to the outcome of the claim or action.

   3. (3) When the commission bases its decision on a specific rule of civil procedure, rule of evidence, statute, or controlling appellate court decision, the commission shall cite the rule, statute, or appellate court decision.

   4. (4) The General Assembly shall not accept a claim or action on appeal when the claim or action has as its final adjudication findings of fact and conclusions of law that do not comply with this section.

2. (b) Failure to comply with this section shall result in the General Assembly's sending the claim or action back to the commission for further action until the requirements of subsection (a) of this section are met.

3. (c) A claim or action filed by a person who at the time of filing is an inmate of the Division of Correction is exempted from the requirements of this section.

4. (d) The findings of fact and conclusions of law contained in a final order under this section are presumed to be correct for the purposes of review by or appeal to the General Assembly.

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