Supreme Court of Arkansas

Arkansas Oil & Gas Commission Lawrence Bengal

December 20, 20182018 Ark. 397

Summary

The court held that sovereign immunity does not bar judicial review of an administrative adjudication because the agency acts as a quasi-judicial decision-maker rather than as a real party in interest. It therefore reversed the circuit court's dismissal, its declaration that the APA adjudicatory provisions were unconstitutional, and its voiding of the agency orders. The court remanded for the circuit court to consider the petition for review, including the statutory-authority arguments, under the APA.