Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 352
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5 By: Senator Irvin
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7 For An Act To Be Entitled
8 AN ACT TO AMEND THE LAW CONCERNING THE CAPITOL ZONING
9 DISTRICT COMMISSION; CONCERNING THE APPEAL PROCESS OF
10 A CAPITOL ZONING DISTRICT COMMISSION ACTION; AND FOR
11 OTHER PURPOSES.
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14 Subtitle
15 TO AMEND THE LAW CONCERNING THE CAPITOL
16 ZONING DISTRICT COMMISSION; AND
17 CONCERNING THE APPEAL PROCESS OF A
18 CAPITOL ZONING DISTRICT COMMISSION
19 ACTION.
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22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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24 SECTION 1. Arkansas Code 22-3-303(a), concerning the Capitol Zoning
25 District Commission, is amended to read as follows:
26 (a) There is created and established at the seat of government a
27 commission to be known as within the Division of Arkansas Heritage of the
28 Department of Parks, Heritage, and Tourism the Capitol Zoning District
29 Commission.
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31 SECTION 2. Arkansas Code 22-3-310(a), concerning an appeal of a
32 Capitol Zoning District Commission action, is amended to read as follows:
33 (a)(1)(A) Any A person aggrieved by any a rule, decision, or order of
34 the Capitol Zoning District Commission may appeal the action to the Secretary
35 of the Department of Parks, Heritage, and Tourism Pulaski County Circuit
36 Court under the Arkansas Administrative Procedure Act, 25-15-201 et seq.
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SB352
1 (B) The secretary shall overturn the decision of the
2 commission upon a finding that the commission's decision is clearly
3 erroneous.
4 (2)(A) The decision of the secretary may be appealed to the
5 Pulaski County Circuit Court.
6 (B) The commission and the secretary shall provide the
7 Pulaski County Circuit Court with a record of all proceedings concerning the
8 action on appeal.
9 (C) The Pulaski County Circuit Court shall review the
10 appeal of the secretary's decision de novo.
11 (b) The filing of an appeal shall in no respect suspend the operation
12 of any rule, decision, or order, nor shall the secretary Secretary of the
13 Department of Parks, Heritage, and Tourism or the Pulaski County Circuit
14 Court order any suspension without a full hearing.
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Statutes affected:
SB 352: 22-3-303(a), 22-3-310(a)