§ 11-5-109 - Order to correct conditions -- Conclusiveness -- Action to set aside. - Arkansas Statutes

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Statutes > Arkansas > Title-11 > Chapter-5 > Subchapter-1 > 11-5-109

11-5-109. Order to correct conditions -- Conclusiveness -- Action to set aside.

(a) The findings and orders shall be prima facie valid, reasonable, and just and shall be conclusive unless attacked and set aside in the manner provided in subsections (b) and (c) of this section.

(b) (1) The owner or owners, manager, superintendent, or other person in control or management of any place or establishment covered by this chapter, and directly affected by any finding or order provided for in 11-5-107 and 11-5-108, may, within fifteen (15) days from the date of the delivery to him, her, or them of a copy of the order as provided for in 11-5-107 and 11-5-108, file a petition setting forth the particular cause of objection to the order and findings in a court of competent jurisdiction against the Director of the Department of Labor.

(2) The action shall have precedence over all other causes of a different nature and shall be tried and determined as other civil causes in the court.

(3) If the court is in session at the time the cause of action arises, the suit may be filed during the term and stand ready for trial after ten (10) days' notice.

(c) (1) Either party may appeal but shall not have the right to sue out a writ of error from the trial court.

(2) The appeal shall at once be returnable to the proper appellate court at either of its terms and shall have precedence in the appellate court over other causes of a different nature.

(d) In any trial under this section, the burden shall be upon the plaintiff to show that the findings and order complained of are illegal, unreasonable, or unjust to the plaintiff.

State Codes and Statutes

Statutes > Arkansas > Title-11 > Chapter-5 > Subchapter-1 > 11-5-109

11-5-109. Order to correct conditions -- Conclusiveness -- Action to set aside.

(a) The findings and orders shall be prima facie valid, reasonable, and just and shall be conclusive unless attacked and set aside in the manner provided in subsections (b) and (c) of this section.

(b) (1) The owner or owners, manager, superintendent, or other person in control or management of any place or establishment covered by this chapter, and directly affected by any finding or order provided for in 11-5-107 and 11-5-108, may, within fifteen (15) days from the date of the delivery to him, her, or them of a copy of the order as provided for in 11-5-107 and 11-5-108, file a petition setting forth the particular cause of objection to the order and findings in a court of competent jurisdiction against the Director of the Department of Labor.

(2) The action shall have precedence over all other causes of a different nature and shall be tried and determined as other civil causes in the court.

(3) If the court is in session at the time the cause of action arises, the suit may be filed during the term and stand ready for trial after ten (10) days' notice.

(c) (1) Either party may appeal but shall not have the right to sue out a writ of error from the trial court.

(2) The appeal shall at once be returnable to the proper appellate court at either of its terms and shall have precedence in the appellate court over other causes of a different nature.

(d) In any trial under this section, the burden shall be upon the plaintiff to show that the findings and order complained of are illegal, unreasonable, or unjust to the plaintiff.

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State Codes and Statutes

Statutes > Arkansas > Title-11 > Chapter-5 > Subchapter-1 > 11-5-109

11-5-109. Order to correct conditions -- Conclusiveness -- Action to set aside.

(a) The findings and orders shall be prima facie valid, reasonable, and just and shall be conclusive unless attacked and set aside in the manner provided in subsections (b) and (c) of this section.

(b) (1) The owner or owners, manager, superintendent, or other person in control or management of any place or establishment covered by this chapter, and directly affected by any finding or order provided for in 11-5-107 and 11-5-108, may, within fifteen (15) days from the date of the delivery to him, her, or them of a copy of the order as provided for in 11-5-107 and 11-5-108, file a petition setting forth the particular cause of objection to the order and findings in a court of competent jurisdiction against the Director of the Department of Labor.

(2) The action shall have precedence over all other causes of a different nature and shall be tried and determined as other civil causes in the court.

(3) If the court is in session at the time the cause of action arises, the suit may be filed during the term and stand ready for trial after ten (10) days' notice.

(c) (1) Either party may appeal but shall not have the right to sue out a writ of error from the trial court.

(2) The appeal shall at once be returnable to the proper appellate court at either of its terms and shall have precedence in the appellate court over other causes of a different nature.

(d) In any trial under this section, the burden shall be upon the plaintiff to show that the findings and order complained of are illegal, unreasonable, or unjust to the plaintiff.