16 CAR Part 50 — State Administration of Justice Fund

Chapter VII

Subchapter A

Subpart 1

16 CAR § 50-101 Filing fees and court costs {#sec-16-car-50-101 omnilex-key=us-ar-regs-official--title-16-part-50--16 CAR § 50-101}

16 CAR § 50-101. Filing fees and court costs.

(a) Filing fees and court costs for each type of case filed in general and limited jurisdiction courts in Arkansas are uniform and are assessed according to law.

(b) All court costs and filing fees for initiation or reopening a cause of action in the circuit courts or transferring a case from any district or circuit court to a circuit court (Arkansas Code § 21-6-403), initiating a cause of action in district court (Arkansas Code § 16-17-705), initiating a civil cause of action in city court (Arkansas Code § 16-10-303 [repealed]), and court costs (Arkansas Code § 16-10-305) that are assessed and collected in the city courts, district courts, and circuit courts in Arkansas are required to be remitted to the Administration of Justice Funds Section after deduction of an amount that is allowed by law to be retained to defray costs of administration of justice.

(c)(1) Each county treasurer maintains the county administration of justice fund.

(2) Each county is required to remit all sums received from initiating or reopening a cause of action in the circuit courts or transferring a case from any district or circuit court to a circuit court, and court costs that were collected during the previous month, less the amounts the county is allowed by law to retain to defray a part of the county administration of justice expenses.

(3) The net amount (amount collected minus amount retained) shall be remitted to the Administration of Justice Funds Section on or before the fifteenth day of the month following the month in which the fees were collected.

(4) This remittance amount will be supported by the Uniform Filing Fees Collection Remittance Form and Fine Report provided by the Administration of Justice Funds Section.

(d)(1) The city treasurer of each municipality that operates a city or district court maintains the city administration of justice fund.

(2) Each city is required to remit all sums received from initiating a cause of action in district court, initiating a cause of action in city court, and court costs that were collected during the previous month, less the amounts the city is allowed by law to retain to defray a part of the city administration of justice expenses.

(3) The net amount (amount collected minus amount retained) shall be remitted to the Administration of Justice Funds Section on or before the fifteenth day of the month following the month in which the fees were collected.

(4) This remittance amount will be supported by the Uniform Filing Fees Collection Remittance Form and Fine Report provided by the Administration of Justice Funds Section.

History

• Codification Notes: Arkansas Code § 16-10-303 was repealed by Acts 2007, No. 663, § 24. Authority: Arkansas Code § 25-8-102

16 CAR § 50-102 Fines and other miscellaneous fees {#sec-16-car-50-102 omnilex-key=us-ar-regs-official--title-16-part-50--16 CAR § 50-102}

16 CAR § 50-102. Fines and other miscellaneous fees.

(a) Certain statutory fines and fees are collected by city courts, district courts, and circuit courts in Arkansas.

(b) Each town, city, or county that collects these fines or fees is required to remit the fines or fees collected during the previous month to the Administration of Justice Funds Section on or before the tenth day of the month following the month in which the fines or fees were collected.

(c) This remittance amount will be supported by the Miscellaneous Fee/Fine Collection Report provided by the Administration of Justice Funds Section.

(d) Theses fines or fees include the following statutory fees and fines and any fines and fees that are subsequently required by law to be remitted to the Administration of Justice Funds Section:

(1) DNA Detection Fund, Arkansas Code § 12-12-1118;

(2) Sex and Child Offenders Registration Fund, Arkansas Code § 12-12-910;

(3) Installment payment fees (Judicial Fine Collection Enhancement Fund), Arkansas Code § 16-13-704;

(4) Unlawful littering to the Keep Arkansas Beautiful Fund Account, Arkansas Code § 8-6-404(d)(2);

(5) State Capitol Police enforcement fines, Arkansas Code § 12-14-105;

(6) Used Motor Vehicle Buyers Protection Act fines, Arkansas Code § 23-112-603(c)(1);

(7) Fines for failure to register vehicle over sixty (60) days, Arkansas Code § 27-14-314(c) (repealed by Acts 2009, No. 633, effective July 31, 2009);

(8) Illegal parking in an area for disabled persons fine, Arkansas Code § 27-15-305;

(9) Fines for no liability insurance, Arkansas Code § 27-22-103(d)(1);

(10) Arkansas Child Passenger Protection Fund, Arkansas Code § 27-34-107;

(11) Fines for large trucks exceeding speed limits, Arkansas Code § 27-50-311(e);

(12) Fines for large truck z-tickets safety violations, Arkansas Code § 23-13-264;

(13) Fines for failure to license and register vehicle, Arkansas Code § 27-14-601(e)(2);

(14) Fees and penalties for overweight/over-length trucks, Arkansas Code § 27-35-211;

(15) Fines for fraudulently obtaining or applying for a commercial motor vehicle license, Arkansas Code § 27-23-114(h)(2);

(16) Fines for illegally operating a tow vehicle, Arkansas Code § 27-50-1212(d);

(17) Drug crime special assessment, Arkansas Code § 12-17-106;

(18) Fines for violation of the federal Unified Carrier Registration Act of 2005, Pub. L. No. 109-29, § 4301 et seq., Arkansas Code § 23-13-605(c)(1);

(19) Court technology fees for the Judicial Fine Collection Enhancement Fund, Arkansas Code § 21-6-416(c);

(20) Installment payment fees, in district court only, of an additional five dollars ($5.00), Arkansas Code § 16-13-704(b)(3)(E);

(21) Domestic violence fees for the Domestic Peace Fund, Arkansas Code § 16-10-305(g);

(22) Specialty court program user fee, Arkansas Code § 16-10-701(b)(1);

(23) Child victim crime fine for the Arkansas Children’s Advocacy Center Fund, Arkansas Code § 5-4-703(a); and

(24) Specialty court program public defender fee, Arkansas Code § 16-10-701(b)(2).

History

• Codification Notes: Arkansas Code § 27-14-314 was reinstated by Acts 2011, No. 876. Authority: Arkansas Code § 25-8-102

16 CAR § 50-103 State district court judges’ program {#sec-16-car-50-103 omnilex-key=us-ar-regs-official--title-16-part-50--16 CAR § 50-103}

16 CAR § 50-103. State district court judges’ program.

(a) The state shall pay the salary and benefits of pilot state district court judges.

(b) Each town, city, and county that has a pilot state district court judgeship created shall pay to the state an amount equal to its proportionate share of one-half (1/2) of the base salary established by law.

(c) Payments will be:

(1) Remitted to the Administration of Justice Funds Section beginning on the fifteenth day of the first month that the town, city, or county is participating in the pilot state district court judges’ program; and

(2) Supported by the form prescribed by the section.

(d) Payments may be made on an annual, semi-annual, quarterly, or monthly basis, whichever best suits the need of the submitting town, city, or county.

16 CAR § 50-104 Notices {#sec-16-car-50-104 omnilex-key=us-ar-regs-official--title-16-part-50--16 CAR § 50-104}

16 CAR § 50-104. Notices.

(a)(1) When any town, city, or county fails to timely report and/or remit the required fees, fines, or court costs, the Administration of Justice Funds Section will send notices to the mayor, district judge, district court clerk, circuit clerk, or other town, city, or county personnel stating which report and/or funds have not been received.

(2) When any town, city, or county fails to timely report and/or remit the required payments on the state district court judges’ program, the Administration of Justice Funds Section will send notices to the county judge, county treasurer, city or town mayor, city or town treasurer, or other town, city, or county personnel stating which report and/or funds have not been received.

(b)(1) If the Administration of Justice Funds Section does not receive the funds and/or reports required by law to be remitted within five (5) days of the statutory due date, the Fiscal Support Specialist will contact the individual responsible for submitting the required funds and/or reports to let them know which reports and/or funds have not been received.

(2) This contact:

(A) May be by:

(i) Telephone;

(ii) Fax;

(iii) Email; or

(iv) Letter; and

(B) Will be documented in the Administration of Justice Funds Section files.

(3) If the required funds and/or reports are received within thirty (30) days of the statutory due date, no further action is required.

(c)(1) If the Administration of Justice Funds Section does not receive the funds and/or reports required by law to be remitted within thirty (30) days of the statutory due date, the Fiscal Support Analyst will send a first-notice letter to the mayor, district judge, district court clerk, circuit clerk, or other town, city, or county personnel stating which report and/or funds have not been received.

(2) The town, city, or county will have thirty (30) days from the date of the first-notice letter to remit the required funds and/or reports.

(3) If the required reports and funds are received in the Administration of Justice Funds Section within the thirty (30) days of the first-notice letter, no further notices will be sent.

(d)(1) If the Administration of Justice Funds Section does not receive the funds and/or reports within thirty (30) days of the date of the first-notice letter, the Program Manager will send a second-notice letter to the mayor, district judge, district court clerk, circuit clerk, or other town, city, or county personnel notifying the town, city, or county that the Chief Fiscal Officer of the State may withhold from the town’s, city’s, or county’s share of the state turnback funds until the delinquent funds have been paid.

(2) The town, city, or county will have thirty (30) days from the date of the second-notice letter to report and remit the funds before turnback withholding begins.

(e)(1) In all instances where second-notice letters are sent to cities that are operating a city court, a copy of the letter will also be forwarded to the Legislative Joint Auditing Committee.

(2) In accordance with Acts 2009, No. 488, this will be their notice that the Department of Finance and Administration has determined that the city court is not in substantial compliance with Arkansas Code § 16-10-306 or Arkansas Code § 16-10-308.

(f)(1) If the required funds and/or reports are not received within thirty (30) days of the second-notice letter or there is not otherwise an acceptable response to the Administration of Justice Funds Section in response to the second-notice letter, the Chief Fiscal Officer of the State will send a third-notice letter stating that, in accordance with Arkansas Code § 16-10-309, the town’s, city’s, or county’s share of turnback funds will be withheld from month to month until the reports and funds required to be paid have been received in the Administration of Justice Funds Section.

(2) If a town, city, or county makes full payment of the delinquent funds and files all required reports but again becomes delinquent in submitting the funds and/or reports required by law during the six-month period immediately following payment in full, the Chief Fiscal Officer of the State may immediately implement withholding of the town’s, city’s, or county’s share of the turnback funds without further notification.

(3) If a town, city, or county makes full payment of the delinquent funds and files all required reports but again becomes delinquent in submitting the funds and/or reports more than six (6) months following payment in full, the Administration of Justice Funds Section will follow the notification process as outlined in subsection (f) of this section before withholding turnback funds.

16 CAR § 50-105 Judicial remedies to collect delinquent funds {#sec-16-car-50-105 omnilex-key=us-ar-regs-official--title-16-part-50--16 CAR § 50-105}

16 CAR § 50-105. Judicial remedies to collect delinquent funds.

(a) The Chief Fiscal Officer of the State may request that the Attorney General file a civil suit in circuit court against the town, city, or county that fails to comply with the provisions of Arkansas Code § 16-10-309.

(b) The action may be brought in the circuit court of the subject county or the Circuit Court of Pulaski County.

(c) If the town, city, or county is found by the court to have failed to submit the required funds and reports, the court shall impose a civil penalty on such town, city, or county of ten percent (10%) of the amount required to be remitted for the period of time the town, city, or county has failed to be in compliance.

(d) The Attorney General shall be allowed to recover costs and attorney’s fees associated with the civil suit from the town, city, or county found to have failed to be in compliance.

(e) Turnback funds that are being withheld at the time the lawsuit is filed will continue to be withheld pending resolution of the action.