Arkansas Administrative Code
Agency 006 - Department of Finance and Administration
Division 05 - Division of Revenues
Rule 006.05.98-021 - Regulation 1998-4 - Administration of Justice Fund

(1) Receive information relating to issues raised by the entity; and

(2) Answer questions relating to the administrative regulation.

(1) The base year, defined in Act 1256 of 1995 as amended by Act 1341 of 1997, used to calculate an entity's share of court costs and filing fees is not representative of the court's normal level of collections.

(2) A significant increase in filed cases in an entity's court.

(1) a letter requesting administrative review signed by the chief administrative officer;

(2) a resolution from the City Council or Quorum Court;

(3) a brief outline of the circumstances causing the need for administrative -r. review;

(4) documentary evidence substantiating the claim of gross inadequacy;

(5) a statement of the amount of money requested to correct the inadequacy; and

(6) a copy of the city or county budget allocations for the current year.

(1) that no additional information is needed by the Section to perform the Administrative Review, or

(2) that additional documentation or information is needed by the Section to perform the administrative review. In this instance, the Section will specifically describe the additional documentation or information requested. The entity shall, within sixty (60) days of the receipt of this letter from the Section, provide the requested documentation or information. This 60 day time period may be extended up to an additional fifteen (15) days by the Section upon receiving a written request by the entity. Any extensions granted hereunder must be requested by the Petitioner in writing on or before the initial due date for response to the Section's request for additional documentation or information. Any extensions granted hereunder must be done so in writing by the Section, and the Section may grant no more than one (1) extension hereunder.

(1) In order to receive relief under this regulation for the period beginning July 1, 1997, and ending December 31, 1998, the affected entity must file its Petition for Administrative Review by October 15,1998. Failure by an entity to file its Petition for Administrative Review by this due date shall bar the entity from receiving relief under this regulation for this period.

(2) In order to receive relief under this regulation for any calendar year subsequent to December 31, 1998, the affected entity must file its Petition for Administrative Review between October 15th and December 31 st of the year prior to the calendar year for which the relief is being requested. Failure by an entity to file its Petition for Administrative Review by this due date shall bar the entity from receiving relief under this regulation for the year in question.

(1) the entity's complete name, mailing address, telephone number, and facsimile number (if any);

(2) the complete name, mailing address, telephone number, and facsimile number (if any) of the contact person designated by the entity to receive notices, decisions, or other communication concerning the Administrative Adjudication process.

(3) the time period covered under the protest;

(4) a statement of the factual and legal grounds for the protest, and any contested factual issue;

(5) the specific relief requested;

(6) a description or copy of the decision protested; and

(7) a statement of whether oral presentation or argument are requested.

(1) Upon receipt of a timely filed written Petition for Administrative Adjudication, the Office of Hearings and Appeals shall review the Petition and, if requested by the entity, set an administrative hearing to be attended by the entity and the Department, where both sides shall be afforded an opportunity to respond and to present evidence and argument on all issues involved. This administrative hearing shall be held by a hearing officer from the Office of Hearings and Appeals, or such other hearing officer as may be designated by the Director. If the entity does not request an oral hearing, the Office of Hearings and Appeals shall issue an Administrative Adjudication Decision based upon the Petition presented and the response, if any, by the Department. Administrative hearings held under this regulation shall be held on the record. The Department's counsel shall be responsible for securing a court reporter who will be present at and prepare a verbatim transcript of the administrative hearing. The Department shall be responsible for paying the court reporter for this service.

(2) The Office of Hearings and Appeals shall have the authority to request such additional briefs or submissions of information it deems necessary to reach a decision concerning a petition.

(1) Any entity appearing in an administrative hearing under this regulation shall have the right to appear in person or by counsel or other qualified representative.

(2) Except as otherwise provided by law, the entity filing the Petition for Administrative Adjudication shall have the burden of proof. Irrelevant, immaterial, and unduly repetitious evidence shall be excluded. Any other oral or documentary evidence, not privileged, may be received if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted of record. When a hearing will be expedited and the interests of the parties will not be substantially prejudiced, any part of the evidence may be received in written form.