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

Summary

The concurrence agrees with the court's result solely because stare decisis required adherence to existing precedent. It reasons that the plain language of the governing statute permits a party to seek a declaratory judgment concerning an agency rule without first exhausting administrative remedies, and it criticizes the precedent imposing exhaustion. The concurrence would have dissented absent that precedent.