Arkansas Department of Human Services v. Bradley Ledgerwood, Louella Jones, Peggy Sanders, Marcus St — Kemp, J…

Summary

The dissent agrees that the appeal concerning the temporary restraining order should be dismissed as moot but would affirm the circuit court's contempt finding against the Department of Human Services. It reasons that DHS deliberately used an emergency rule to implement the same RUGs methodology barred by the permanent injunction and failed to establish the statutory predicate of an imminent public peril. The dissent concludes that the emergency-rule procedure could not be used to evade the injunction's prohibition on using RUGs without proper notice and public comment.