Baber v. Arkansas State Medical Board, 2010 Ark. 243

Summary

The Arkansas Supreme Court dismissed Dr. James R. Baber’s appeal because the Arkansas State Medical Board had not issued a final agency action. Baber voluntarily surrendered his medical license before the Board ruled on his requests for a restricted license and a closed disciplinary hearing, leaving the circuit court and appellate court without jurisdiction under the Administrative Procedure Act.

Holdings

1. Judicial review under Ark. Code Ann. § 25-15-212 requires final agency action. Because the Board had not adjudicated Baber's requests before he surrendered his license, there was no final agency action for the circuit court to review.
2. The Board attorney's letter stating that Baber's request for a closed hearing would be denied did not constitute final action by the Board itself.
3. The Board's inaction on Baber's request for a restricted license was not final agency action because Baber surrendered his license before the request was presented to the Board for consideration or a vote.
4. Because the circuit court lacked jurisdiction in the absence of final agency action, the Arkansas Supreme Court likewise lacked jurisdiction and was required to dismiss the appeal.

Questions Presented

1. Whether the circuit court had jurisdiction under the Arkansas Administrative Procedure Act to review the Board's attorney's letter stating that Baber's request for a closed hearing would be denied.
2. Whether the circuit court had jurisdiction to review the Board's failure to rule on Baber's request for a restricted medical license.
3. Whether Baber's voluntary surrender of his medical license before the disciplinary hearing constituted or resulted in final agency action subject to judicial review.

Disposition

dismissed