Petition for notice of receivership
Arkansas Code § 20-10-203; Arkansas Code § 20-10-216; Arkansas Code § 20-10-224
- (a) The Department of Human Services, Attorney General, or prosecuting attorney or duly appointed deputy prosecuting attorney of the district in which the facility is located may file in circuit court of the county in which the facility is located a complaint requesting the appointment of a receiver.
(b)
- (1) The summons, complaint, and notice of hearing shall be served on the owner and administrator or licensee of the facility.
- (2) The summons, complaint, and notice may be served by any means set forth in the Arkansas Rules of Civil Procedure, Rule 4, giving actual notice to the owner and administrator or licensee.
(c) Emergency appointment.
- (1) If the complaint filed under Arkansas Code § 20-10-905 is filed by the department and alleges that grounds set out in Arkansas Code § 20-10- 904(a) exist within the facility, and is accompanied by a verified affidavit setting forth facts which would constitute such a ground, a temporary receiver shall be appointed with or without notice to the owner or licensee.
(2)
- (A) The temporary appointment of a receiver without notice to the owner, licensee, or administrator may be made only if the court is satisfied that the department has made a diligent attempt to provide reasonable notice under the circumstances.
- (B) The delivery of a copy of the complaint to the facility upon filing shall constitute reasonable notice for issuance of a temporary receivership order by the court.
- (3) Upon appointment of a temporary receiver, the department shall proceed forthwith to obtain the service as provided in Arkansas Code § 20-10-905(d).
- (4) If the department does not proceed with the complaint, the court shall dissolve the temporary receivership after ten (10) days.