Press Releases

Question 1: Under Arkansas law, if a hearing is requested, would the hearing properly be conducted by the court or the sheriff’s office on behalf of the court?

Brief Response: If a debtor requests an administrative hearing under A.C.A. § 26-36-310(a), either the Garland County Circuit Court or the Garland County Sheriff’s Office may conduct the administrative hearing as the claimant agency.

Question 2: Pursuant to A.C.A. §§ 26-36-309 and -310, if the validity of the debt and the amount are the only relevant issues to be considered at the hearing, and if the amount is not correct, an adjustment shall be made:

(a) In the event that the sheriff’s office is authorized to conduct the hearing, what authority does the sheriff’s office have to adjust a prior court order setting fines and fees?

(b) In the event that the court conducts the hearing, is the court’s authority to make an adjustment limited to correcting errors in the calculation of the amount owed, such as credits or debits inaccurately recorded, or may the court reduce, waive, or eliminate previously ordered fines and fees for reasons other than correcting errors?

Brief Response: The hearing officer’s authority is restricted to correcting errors in the calculation of the amount owed. The hearing officer may not reduce, waive, or eliminate previously ordered fines and fees for any other reason.

Question 3: Under Arkansas law, is there a deadline for the agency to conduct a hearing after it has been requested, and if so, what is the applicable deadline?

Brief Response: There is no specific deadline in A.C.A. §§ 26-36-301 through -321 for the claimant agency to conduct an administrative hearing after it has been requested.

Question 4: Further, if a court conducts the hearing, should the hearing proceed through the existing criminal case in which the fines and fees were originally assessed, and a record be maintained in that case, or should it be conducted through a separate, administrative proceeding?

Brief Response: The administrative hearing should proceed through an administrative process that is separate from the criminal case in which fines and fees were assessed.

Question 5: In the event of a hearing, what procedures should be used to conduct the hearing, and what is the standard of proof?

Brief Response: Sections 26-36-301 through -321 do not prescribe specific procedures for conducting these administrative hearings. The applicable standard of proof for an administrative hearing is a preponderance of the evidence.

Question 6: In the event of a hearing, does the Administrative Procedure Act apply?

Brief Response: Yes. Under A.C.A. § 26-36-310(a), the claimant agency “shall grant a hearing according to procedures established under the Arkansas Administrative Procedure Act.”

Question 7: If the sentencing court is the same court that conducts the hearing, is there any conflict of interest or appearance of impartiality that should be of concern to the hearing judge?

Brief Response: Absent additional circumstances, the same person acting as the circuit court judge and then as the hearing officer does not create a conflict of interest or an appearance of bias.

Question 8: What is the applicable statute of limitations to use the setoff procedure authorized by A.C.A. § 26-36-301, et seq.? May this procedure be used to collect fines and fees that are more than five years old, but remain unpaid and uncollected?

Brief Response: Neither the ten-year nor the five-year statutes of limitations apply to criminal judgments for fines and costs. Accordingly, the county may continue to use the state income tax refund setoff procedures under A.C.A. §§ 26-36-301 through -321 until the criminal judgments for fines and costs are satisfied.