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AR SB702

Bill

Status

Passed

4/4/2011

Primary Sponsor

Jim Luker

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Origin

Senate

88th General Assembly (2011 Regular)

AI Summary

  • Repeals Arkansas Code § 12-12-1715(d) which previously allowed the chief counsel to issue subpoenas in administrative hearings for the department or alleged offenders.

  • Amends Arkansas Code § 12-18-802 to clarify subpoena procedures in child welfare cases, including requirements that requests must be granted if testimony or documents are necessary and material without being unduly repetitious, and requiring notice to children's attorneys ad litem.

  • Repeals Arkansas Code § 20-10-208(g) and replaces it with provisions allowing hearing officers to subpoena witnesses and documentary evidence at either party's request, with circuit court enforcement available for non-compliance.

  • Repeals Arkansas Code § 20-76-103 which addressed subpoenas in benefit determination hearings.

  • Creates new Arkansas Code § 25-10-141 establishing comprehensive subpoena procedures for all Department of Human Services administrative adjudications, including requirements that administrative law judges issue subpoenas upon request if evidence is necessary and material, and allowing courts to quash subpoenas based on relevance, confidentiality, burden, or redundancy.

Legislative Description

To Assure Due Process And Provide Administrative Simplification In Department Of Human Services Adjudications.

Last Action

Senate Notification that SB702 is now Act 1139

4/4/2011

Committee Referrals

Public Health, Welfare and Labor3/14/2011
Judiciary3/1/2011

Full Bill Text

No bill text available