132-00-15 Ark. Code R. § 27
GENERAL INFORMATION
These general rules shall govern practice and procedure before the Arkansas State Claims Commission in proceedings under Act 462 of 1949 as amended and Arkansas Code Annotated § 19-10-201 et seq., passed by the General Assembly of the State conferring the existence, composition, powers, duties and jurisdiction upon the Commission, unless otherwise directed by the Commission in any proceeding.
These rules and regulations shall be liberally construed to secure a simple, just and expeditious method for the consideration of claims against the State that because of the provisions of Article 5, Section 20 of the State Constitution cannot be determined in the regular courts of the State; and to provide for proceedings in which the State has a special interest.
Information as to practice and procedure under these rules and instructions supplementing these rules in special instances will be furnished upon application to the Director of the Claims Commission.
The principal office of the Arkansas State Claims Commission is in Little Rock. The office will be open during business hours each day between 7:30 a.m. and 4:30 p.m. (4:00 p.m. on Friday). Filings are accepted no later than 3:30 p.m. Monday - Friday. Legal holidays, those special holidays by proclamation of the Governor, Saturday and Sunday are excepted.
General meetings of the Commission for the purpose of hearing testimony and taking evidence will be held each month unless scheduled differently by the Commission Chair or Commission Director.
The Commission traditionally will meet in Little Rock, but may conduct hearings elsewhere in the State if the Commission deems such hearings relative to business before the Commission.
The Official Reporter shall take all oral testimony before the Commission on a recording device. Said testimony will be made available for transcription at the request and expense of interested parties.
The term "Act," unless the context otherwise indicates, shall mean any code or Act of the General Assembly which the Commission administers in whole or in part.
The term "Claimant" shall be the plaintiff bringing a claim against the State.
The term "Respondent" shall be the specific agency, board, commission or institution of the State a claim is lodged against.
The term "Commission" means the five-member panel appointed to serve as Commissioners.
The term "claim" means a claim authorized to be heard and considered by the Commission.
The term "disability benefit claim" applies to all claims filed by the governmental employees covered in Arkansas Code Annotated § 21-5-701 et seq, disabled in the official line of duty and no longer working in the position held at the time of the disabling injury.
The term "death benefit claim" applies to all claims filed by the surviving spouse and/or dependent children of any policeman, fireman, State Highway Department employee engaged in road construction or highway maintenance, constable, game warden or others as specified in Arkansas Code Annotated § 215 -704 et seq., killed in the official line of duty.
The term "approved claim" is a claim found by the Commission to be one that should be paid and has received a favorable recommendation by the Respondent Agency and the Commission.
The term "award" means the amount recommended by the Commission to be paid in satisfaction of an approved, but contested, claim.
The term "assumed receipt" means within three (3) days of the date material left the Commission office.
PLEADING SPECIFICATIONS
Each claim shall have a statement of facts sufficiently clear to identify the Claimant, the Respondent state agency or agencies, the circumstances giving rise to the claim and the amount of monetary damages sought. The Commission reserves the right to require further information before hearing the claim when, in its judgment, justice and equity may require additional information. The original copy of each claim form must be filed with the Commission.
Within thirty (30) days from the date that a claim has been served upon the Respondent agency, the Respondent shall file its responsive pleadings in original and three copies, unless granted an extension by the Director.
Unless the Commission directs otherwise, all motions filed by the parties after a hearing has been scheduled shall be filed at least fifteen (15) calendar days prior to the date of hearing.
Unless the Commission directs or permits otherwise, all motions shall be filed within thirty (30) days upon service of the complaint.
The Commission may, at its discretion and with proper notice to the parties, set a hearing for oral arguments on a claim motion.
NOTICE OF HEARINGS, SUBPOENAS, DEPOSITIONS
The Director shall issue all notices of hearings and other process as may be directed by the Commission. All notices of sessions and hearings shall be served upon the parties and such other interested parties as may be entitled to receive notice and shall show the date, time and place of the hearing with at least two (2) months advance notice when possible. All hearings before the Commission shall be open to the public and the press.
Subpoenas for the production of books, accounts, records or related documents, unless directed to be issued by the Commission upon its own motion, will only be issued at the discretion of the Commission which shall state as nearly as possible the information desired to be produced and the purpose of their production.
No subpoenas shall be issued by the Commission unless the applicant therefore first establishes a proper relation to the matter, provides the names and addresses of all witnesses for whose attendance the power of the Commission is invoked, and can be issued within the time periods required by lawprior to Commission hearings.
The testimony of a witness may be taken by deposition at the instance of any party in any proceeding pending before the Commission, or at the instance of the Commission. All depositions shall be taken and filed with the same formalities and notice as are required in instances where depositions are taken for use in Arkansas courts of law and equity, unless taken by consent.
HEARINGS
The Commission, while not bound by the formal rules of evidence as stated in Arkansas Code Annotated § 19-10-201 et seq., has adopted where applicable the procedure used by the Arkansas Circuit Courts and its hearings shall be conducted in a judicial nature.
Because the Commission is a fact-finding body for the General Assembly, the simplification and defining of the issues in question before the Commission is encouraged prior to hearing. The propriety of prior mutual exchange of testimony, exhibits or such matters that may be stipulated for the purpose of clarification, amplification or limitation is strongly encouraged.
If the interested parties prior to the hearing of a claim on the merits are unable to agree upon the facts or issues or cannot stipulate the questions of fact in issue, the Commission will arrange a pre-hearing conference to rule upon Motions pending or determine the evidential value to assist the parties in determining the factual basis of a claim.
Any individual may appear for himself in his own behalf or have his claim presented by counsel, duly admitted as such to practice law in the State of Arkansas.
Any individual who elects to represent himself without the aid of counsel shall be held accountable in the same manner, and to the same degree, as qualified counsel entitled to practice before the Commission.
No witness will be allowed to testify unless a list of the names of any and all witnesses is furnished to the Claims Commission office and the opposing party or parties seven (7) days prior to the scheduled hearing on the merits of a claim, without leave of the Commission and upon a showing of good cause.
Witnesses will be orally examined under oath before the Commission unless their testimony is taken by deposition. The procedure of direct and cross-examination of a witness shall be the same as in courts of law and equity unless the Commission directs otherwise. After questioning under direct and cross-examination, the Commission members may question the witness to ascertain any points or facts.
The order of presentation may be varied by the Commission Chair, who may designate the order of witness presentation in any type of proceeding.
Any evidence which would be admissible under the general code of the State of Arkansas, or under the rules of evidence governing proceedings in matters not involving trial by jury in the courts of the State, shall be admissible in hearings before the Commission. The formal rules of evidence shall be applied to any proceeding to the end that needful and proper evidence shall be conveniently, inexpensively and speedily produced. The Commission may, at its own discretion, deviate from the formal rules of evidence whenever it deems necessary to ascertain all pertinent facts in any proceeding.
The Commission reserves the right to limit the number of witnesses whose testimony may be repetitious and cumulative.
No documents will be allowed into evidence unless an original and three (3) copies are provided to the Claims Commission office and additional copies are exchanged by the parties seven (7) days prior to the scheduled hearing of a claim, without leave of the Commission and upon a showing of good cause.
Material and relevant matter offered in evidence at hearing will be received by the Commission after inspection by the opposing party and shall be designated as an exhibit by the Claimant or Respondent an received accordingly as introduced by the Commission Director. The Commission or its designee will designate each exhibit tendered with the appropriate number in the order as introduced. A reasonable number of copies shall be furnished to counsel for the opposing party at the hearing.
Exhibits should not be argumentative and should be limited to statements of acts, and be relevant and material to the issue, which can better be shown in that form than by oral testimony. Documents introduced as exhibits become property of the Commission but may be returned to the interested parties upon request if so deemed by the Commission.
In a claim which has been the subject of hearing, the Commission may desire briefs or when good cause for the submission of briefs is shown by the interested parties the Commission may allow briefs to be submitted on points and at times as ordered by the Commission.
After claims have been scheduled for hearing, continuances will be granted only upon showing of good cause by the party moving for a continuance as determined by the Commission or Commission Director.
The Commission, at its own discretion, shall dismiss claims with or without prejudice for failure to prosecute.
Upon the conclusion of all testimony and evidence-taking the Commission shall consider the claim submitted for decision, unless time has been granted for submission of additional materials.
Petitions for Re-Hearing and/or Motions for Reconsideration will only be entertained if they set forth new or additional evidence which was not available to the moving party at the time of the scheduled hearing.
Such petitions for Re-Hearing or Motions for Reconsideration shall be filed with the Commission within 40 days from the date of the assumed receipt by parties to the claim of the Commission's findings and determinations. No claim which was contested at hearing and requires subsequent action by the General Assembly will be forwarded to that body within the aforementioned 40 day period without the written approval of the Claimant(s) and Respondent(s).
The Rules of Civil Procedure as adopted by the Circuit Courts of the State of Arkansas will apply in the Arkansas Claims Commission unless the Rules of Practice and Procedure of the Arkansas State Claims Commission are to the contrary in which cases these rules shall take priority. Two exceptions adopted by the Commission are:
132.00.15 Ark. Code R. § 027