Supreme Court of Arkansas

Landmark Novelties, Inc. v. Arkansas State Board of Pharmacy

January 28, 20102010 Ark. LEXIS 53

Summary

The court affirmed the circuit court’s order upholding the Pharmacy Board’s suspension of Landmark’s license and $175,000 civil penalty. It held that the suspicious-transaction statute and regulation were not unconstitutionally vague as applied because they provided fair notice through statutory factors, additional regulatory criteria, and a reasonable-person standard. The court also held that substantial evidence supported the Board’s findings and that its decision was not arbitrary or capricious.