§ 23-115-609 - Judicial relief.
23-115-609. Judicial relief.
(a) (1) If the decision of the hearing officer under 23-115-608 is to affirm the closure of the business, the decision shall be submitted in writing and delivered by the United States Postal Service or by hand to the retailer.
(2) The retailer may seek judicial relief from the decision by filing suit within twenty (20) calendar days of the date of the decision.
(b) (1) Jurisdiction for a suit under this section to contest a determination of the director shall be in Pulaski County Circuit Court, where the matter shall be tried de novo.
(2) (A) If the circuit court finds that the business closure order was appropriately issued by the director, the circuit court shall issue an injunction against the retailer prohibiting the further operation of the business.
(B) If a business subject to an injunction issued by the circuit court as provided in this subchapter continues in operation, upon conviction, any person responsible for the decision to operate the business after the issuance of the injunction shall be guilty of a Class A misdemeanor.
(3) An appeal may be made from the circuit court to the appropriate appellate court, as provided by law.
(c) The procedures established by 23-115-608 and this section are the sole methods for seeking relief from a written decision to close the business of a retailer for failure to comply with 23-115-605(b).
(d) The decision to close the business of a retailer shall be final:
(1) If the retailer fails to:
(A) Request an administrative hearing under 23-115-608; or
(B) Seek judicial relief under this section; or
(2) Upon the final decision of a circuit court or an appellate court.
(e) (1) It is unlawful for a business to continue in operation after a business closure order is issued that is:
(A) Upheld on appeal under this subchapter; or
(B) Not appealed by the retailer under this subchapter.
(2) Upon conviction, any person responsible for the decision to operate the business in violation of this subchapter shall be guilty of a Class A misdemeanor.