(a)

1. (1) Pursuant to Arkansas Code § 6-20-2513, a school district may appeal any written determination of the Division of Public School Academic Facilities and Transportation made under the provisions of the Arkansas Public School Academic Facilities Funding Act, Arkansas Code § 6-20-2501 et seq., to the Academic Facilities Review Board.
2. (2) For the purpose of this section, the phrase “Written Determination” includes the division’s notice of approval of construction projects eligible for state financial participation under Arkansas Code § 6-20-2507.

(b)

1. (1) A school district may request in writing, and the division shall provide within twenty (20) calendar days, a written determination concerning a matter directly affecting the school district that is covered under Arkansas Code §§ 6-20-2501– 6-20-2516.
2. (2) A school district may not utilize the procedures outlined in this subsection to request a written determination that is in effect a request for reconsideration of an earlier written determination.

(c)

1. (1) If the school district wishes to appeal the written determination of the division, the school district shall, within sixty (60) calendar days of receipt of the division’s written determination, submit to the Department of Education’s Office of General Counsel with a copy to the division, a written request for an appeal or an appeal and hearing with the board.

2. (2) With its written request, the school district shall submit a brief written statement of no more than ten (10) pages explaining in clear and express terms:

   1. (A) The facts of the case; and
   2. (B) How the division’s determination is:

(i) Not supported by substantial evidence; or

1. (ii) Outside the legal authority vested in the division.
2. (3) At the time of submitting its initial brief, the school district shall indicate whether it requests a formal hearing before the board.

3. (4) If the appeal or appeal and request for hearing are not received within sixty (60) calendar days of the division’s written determination, the board shall deny the appeal on the grounds that it is untimely.

   1. (d)

4. (1)

   1. (A) Upon timely receipt of the school district’s written request for an appeal or an appeal and hearing, the division may prepare a brief written statement in response.
   2. (B) The division’s written response is limited to ten (10) pages.
5. (2) The division shall provide its written response to the department’s Office of General Counsel, with a copy to the school district, within thirty (30) calendar days of receipt of the school district’s written request for an appeal.

(e)

1. (1) If the school district does not request a hearing, the board shall meet upon the call of the chair to consider the appeal.
2. (2) Except for good cause shown, the chair of the board shall schedule the meeting within thirty (30) calendar days of receipt of the division’s written response.

3. (3) Notice of the date, time, and location of the meeting shall be sent to the:

   1. (A) Appealing school district; and
   2. (B) Division.

(f)

1. (1) If the school district requests a hearing or if the board determines that a hearing is necessary, the board shall meet upon the call of the chair.
2. (2) Except for good cause shown, the chair of the board shall schedule the hearing within thirty (30) calendar days of receipt of the division’s written response.

3. (3) Notice of the date, time, and location of the hearing shall be sent to the:

   1. (A) Appealing school district; and
   2. (B) Division.
4. (4) Hearings shall be conducted pursuant to subsection (h) of this section.

(h)

1. (1)

   1. (A) For each hearing, the appealing school district and the division each shall have five (5) minutes to present an opening statement, beginning with the appealing school district.
   2. (B) The chair of the board may allow either party additional time to present an opening statement.

2. (2)

   1. (A) The appealing school district and the division each shall have fifteen (15) minutes to present their cases-in-chief to the board, beginning with the appealing district, which bears the burden of proof.
   2. (B) The chair of the board may allow either party additional time to present their cases-in-chief.

3. (3)

   1. (A) The appealing school district and the division each shall have five (5) minutes to present a closing statement, beginning with the appealing school district.
   2. (B) The chair of the board may allow either party additional time to present a closing statement.
4. (4) Members of the board may, at any time during the proceedings, ask questions to representatives of either party.

5. (5) For the purposes of the record, documents offered during the hearing shall be marked in:

   1. (A) Sequential, numeric order; and
   2. (B) A manner identifying the party offering the document.

6. (6)

   1. (A) Following a hearing, the board shall make a final determination accepting, rejecting, or modifying the determination of the division.

   2. (B) The board may:

      1. (i) Deliberate and announce its determination at the close of the hearing; or
      2. (ii) Take the matter under advisement.
   3. (C) The board shall provide to the school district and the division its written final determination within ten (10) business days of the hearing.