§ 23-115-210 - Removal of commission member.
23-115-210. Removal of commission member.
(a) (1) A member of the Arkansas Lottery Commission may be removed by the appointing authority for:
(A) Misconduct;
(B) Incompetence; or
(C) Any malfeasance in office.
(2) The appointing authority shall appoint a qualified individual to replace the removed member of the commission to serve the remainder of his or her term.
(b) An order of removal of a commission member by the appointing authority shall:
(1) Be in writing;
(2) Be delivered to the removed commission member or counsel for the removed commission member; and
(3) Specifically set out the grounds relied upon for removal.
(c) (1) A removed commission member may institute proceedings for review by filing a petition in Pulaski County Circuit Court within thirty (30) days after delivery to him or her or his or her attorney of the appointing authority's order of removal.
(2) This petition shall not supersede or stay the order of removal, nor shall any court enter an order to this effect or one that would impair the authority of the appointing authority to appoint a commission member whose service begins immediately upon fulfillment of the normal requirements for assuming office.
(d) (1) When the matter is heard by the circuit court, it shall be tried de novo without a jury.
(2) The appointing authority shall have the burden of proof to show by clear and convincing evidence that cause under subdivision (a)(1) of this section existed for removal of the commission member.
(3) (A) If the circuit court determines that cause has been shown, it shall enter an order removing the commission member in question from office.
(B) If the circuit court determines that cause under subdivision (a)(1) of this section has not been shown by clear and convincing evidence, the circuit court shall order the removed commission member reinstated to his or her position and upon request shall award a reasonable attorney's fee and court costs to the reinstated party.
(e) (1) Subject to the restrictions of subsection (c) of this section on supersedeas or stay orders, a removed commission member may appeal the decision of the circuit court to the Supreme Court.
(2) The appointing authority may appeal the decision of the circuit court to the Supreme Court, but the appeal shall not preclude the circuit court, in its discretion, from entering an order reinstating the removed member.
(f) A commission action in which the appointed replacement commission member participates is not void, voidable, or in any way subject to invalidation on grounds of participation of the appointed replacement commission member or lack of participation by the removed commission member if the circuit court or the Supreme Court orders the removed commission member reinstated.