Arkansas Code § 11-10-301 - Department of Workforce Services -- Creation -- Director

(a) (1) There is created a department to be known as the Department of Workforce Services that shall be administered by a full-time salaried director who shall be appointed by and serve at the pleasure of the Governor.

(2) The Director of the Department of Workforce Services shall have resided in the state for at least five (5) years and shall be a qualified elector.

(b) Before entering upon his or her duties, the director shall take and subscribe, and file in the office of the Secretary of State, an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter.

(c) The director shall have such power and authority as he or she deems reasonable and proper for the effective administration of this chapter and will faithfully perform his or her duties and properly account for all funds received and disbursed by him or her under authority of this chapter.

(d) The director shall be the agent for service of process for all legal actions arising under this chapter or to which the department shall be named a party.

(e) The director shall procure an official seal, and every paper executed by the director in pursuance of law and sealed with the seal of his or her office shall be received in evidence in any court or other tribunal in this state and may be recorded in the same manner and with like effect as instruments regularly acknowledged.

(f) (1) The director shall have the authority to institute and prosecute in his or her name, as such, all suits, certificates of assessment, and other proceedings necessary for the collection of any taxes or overpayments collectible by him or her and which have become delinquent.

(2) No deposits of advance costs shall be required of the director in any suit or proceedings, nor shall he or she be required to give bond for costs, indemnity, or stay as a condition to the institution of any suit or proceedings, or to the issuance, service, or execution of any process therein, or ancillary thereto, or the appeal from any adverse action.

(g) (1) The director shall not be required to advance or pay any court costs to any court clerk for the institution or prosecution of any suit filed in his or her official capacity.

(2) No bond shall be required of the director in obtaining restraining orders, injunctions, or in any other cases where a bond is required to be made by a litigant, including supersedeas bond upon appeal.

Section: 11-10-303  11-10-304  11-10-305  11-10-306  11-10-307  11-10-308  11-10-309  11-10-310  11-10-311  11-10-312  11-10-313  11-10-314  11-10-315  11-10-316  Next

Last modified: November 15, 2016