Mileage audits and records reexaminations — Appeal

  1. Law
  2. Arkansas Code
  3. Transportation
  4. Motor Vehicle Registration and Licensing
  5. Motor Vehicle Administration, Certificate of Title, and Antitheft Act
  6. Commission for Reciprocal Agreements
  7. Mileage audits and records reexaminations — Appeal

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  1. (a) As used in this section, “member jurisdiction”, “mileage audit”, “record reexamination”, and “registrant” mean the same as defined in the International Registration Plan, as it existed on January 1, 2017.

  2. (b)

    1. (1)

      1. (A) A registrant who desires a hearing to appeal the findings of a mileage audit or a record reexamination shall notify the Secretary of the Department of Finance and Administration in writing within thirty (30) calendar days from the date the registrant is notified of the findings of the mileage audit or the record reexamination.

      2. (B) A hearing officer appointed by the secretary shall schedule a hearing in any city in which the Department of Finance and Administration maintains a field audit district office or in any other city that the secretary designates, unless the secretary and the registrant agree to another location for the hearing or agree that the hearing shall be heard by telephone.

      3. (C) A hearing conducted under this section is subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

      4. (D) The hearing officer handling the appeal under this section shall render his or her decision in writing to sustain, modify, or reverse the findings of the mileage audit or the record reexamination based upon the evidence presented at the hearing and shall serve a copy of the decision on the registrant.

    2. (2)

      1. (A) If the decision of the hearing officer under this section sustains, in whole or in part, the findings of the mileage audit or record reexamination, the registrant may file suit within thirty (30) days of receipt of the decision in the Pulaski County Circuit Court or the circuit court of the county of the registrant's principal place of business.

      2. (B) The registrant shall properly serve the secretary with a copy of any appeal to circuit court challenging the decision of the hearing officer under this section.

    3. (3) A registrant may appeal a decision of the circuit court in accordance with the laws governing appeals.

    4. (4)

      1. (A) At the conclusion of the appeals process, the secretary shall notify all affected member jurisdictions of the results of the appeal.

      2. (B) Any further challenge to the findings of a mileage audit or record reexamination shall be made under Section 1400 of the International Registration Plan, as it existed on January 1, 2017.

  3. (c) The secretary may promulgate rules to implement this section.


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