Tommy Reed, Executive Director of the Arkansas Professional Bail Bond Licensing Board, and Arkansas — Brown, J…

Summary

The concurring opinion agrees that the Administrative Procedure Act governs the appeal but concludes that the APA permits review of the appellees' constitutional challenge under the provision authorizing correction of an administrative decision affected by legal error. It reasons that requiring a judge to serve on a licensing board exercising legislative functions violates separation of powers, but would remove the ineligible member and uphold the Board's licensing decision. Chief Justice Hannah, dissenting, would affirm the circuit court's constitutional ruling and disagrees that the APA framework is relevant to the appeal.