Appeal of Capitol Zoning District Commission action

  1. Law
  2. Arkansas Code
  3. Public Property
  4. Public Buildings and Other Facilities
  5. Capitol Zoning District
  6. Appeal of Capitol Zoning District Commission action

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  1. (a)

    1. (1)

      1. (A) Any person aggrieved by any rule, decision, or order of the Capitol Zoning District Commission may appeal the action to the Secretary of the Department of Parks, Heritage, and Tourism.

      2. (B) The secretary shall overturn the decision of the commission upon a finding that the commission's decision is clearly erroneous.

    2. (2)

      1. (A) The decision of the secretary may be appealed to the Pulaski County Circuit Court.

      2. (B) The commission and the secretary shall provide the Pulaski County Circuit Court with a record of all proceedings concerning the action on appeal.

      3. (C) The Pulaski County Circuit Court shall review the appeal of the secretary's decision de novo.

  2. (b) The filing of an appeal shall in no respect suspend the operation of any rule, decision, or order, nor shall the secretary or the Pulaski County Circuit Court order any suspension without a full hearing.

  3. (c) This section does not preclude enforcement of the commission's rules by the City of Little Rock in Little Rock District Court under an agreement with the commission under § 22-3-308.


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