Arkansas Department of Human Services v. Bradley Ledgerwood, Louella Jones, Peggy Sanders, Marcus Strope, Winnie…

Summary

The court held that DHS did not violate the permanent injunction because it adopted the emergency rule through the procedure authorized by the Administrative Procedure Act, which permitted adoption without prior notice and public comment under the circumstances identified by the agency. Because the injunction required only that the methodology be properly promulgated, the circuit court erred in holding DHS in criminal contempt. The court dismissed as moot DHS's challenge to the temporary restraining order because a later final rule superseded the emergency rule and the permanent injunction had been dissolved. Chief Justice Kemp, joined by Justice Hart, dissented from reversal of the contempt finding, asserting that DHS deliberately used the emergency procedure to evade the injunction.