Ark. Code Ann. § 8-1-310
This is the official text of Ark. Code Ann. § 8-1-310, part of Arkansas’s Code Ann — part of the compiled statutory law of Arkansas, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
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Burden of proof
Official statutory text
(a) A party asserting the environmental audit privilege under § 8-1-303 has the burden of proving the privilege, including if there is evidence of noncompliance with federal or state law or extensions thereof, and proof that appropriate efforts to achieve compliance were promptly initiated and pursued with reasonable diligence. (b) A party seeking disclosure under § 8-1-307 has the burden of proving the privilege is asserted for a fraudulent purpose. Acts 1995, No. 350, § 1; 1999, No. 871, § 6.
(a) A party asserting the environmental audit privilege under § 8-1-303 has the burden of proving the privilege, including if there is evidence of noncompliance with federal or state law or extensions thereof, and proof that appropriate efforts to achieve compliance were promptly initiated and pursued with reasonable diligence.
(b) A party seeking disclosure under § 8-1-307 has the burden of proving the privilege is asserted for a fraudulent purpose.
Acts 1995, No. 350, § 1; 1999, No. 871, § 6.
(a) A party asserting the environmental audit privilege under § 8-1-303 has the burden of proving the privilege, including if there is evidence of noncompliance with federal or state law or extensions thereof, and proof that appropriate efforts to achieve compliance were promptly initiated and pursued with reasonable diligence.
(b) A party seeking disclosure under § 8-1-307 has the burden of proving the privilege is asserted for a fraudulent purpose.
Acts 1995, No. 350, § 1; 1999, No. 871, § 6.
Status: in_force
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