Arkansas Department of Finance and Administration Arkansas Alcoholic Beverage Control Division and Arkansas Medical…

Summary

The court held that the circuit court lacked subject-matter jurisdiction over challenges to the Medical Marijuana Commission's initial licensing selections because the selections were not adjudications reviewable under the Administrative Procedure Act, and the pleadings did not challenge the validity or applicability of an agency rule. The court also held that the circuit court's order was final and appealable because it nullified the licensing decision and ended the controversy, despite remanding for a new selection process. The court declined to decide whether the commission's Rule 19 conveyed jurisdiction because any license-denial issue was not ripe. Chief Justice Kemp, concurring, agreed with reversal and dismissal but urged the commission to review and cure deficiencies in its rules and procedures.