Mahmood Ahmad, M.d., Appellant v. Joseph M. Beck, M.d., Chairman, Arkansas State Medical Board; and Arkansas State…

Summary

The court held that Dr. Ahmad could not pursue a separate declaratory-judgment action challenging statutes and medical-board regulations while his administrative proceedings and appeal were pending, because he had not exhausted available administrative remedies and no exception applied. The court also held that the circuit court lacked jurisdiction to enjoin the Board from initiating administrative proceedings within its statutory authority. Justice Hart concurred in the result based on stare decisis but would have reversed because she viewed the governing declaratory-judgment statute as permitting direct judicial review of rule validity.