Opinion

Arkansas Department of Human Services v. Welborn

  • 66 Ark. App. 122
  • 987 S.W.2d 768
  • 1999 Ark. App. LEXIS 223
Court
Court of Appeals of Arkansas
Filed
Apr 7, 1999
Status
Published
Author
Crabtree
On the bench
Agree, Crabtree, Pittman, Robbins
Cited by
2 cases
Authority
More cited than 12.2%

The opinion

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

Terry Crabtree, Judge. In its petition for rehearing, the appellant, Arkansas Department of Human Services, asserts that we applied the wrong standard of review in reaching our decision in Arkansas Dept. of Human Services v. Welborn, 66 Ark. App. 122 , 987 S.W.2d 768 (1999). Appellant claims that we improperly applied a de novo standard of review rather than a “clearly wrong” standard of review as in Ramsey v. Dept. of Human Services, 301 Ark. 285 , 783 S.W.2d 361 (1990).

Appellant’s reliance on Ramsey is misplaced. We are not bound by the standard of review that the court applied in Ramsey because in that case, the administrative agency only interpreted state law. In the case at bar, the administrative law judge attempted to interpret federal law. For that reason, Ramsey is distinguishable.

Even if appellant was correct in its argument that we should apply the “clearly wrong” standard of review, the argument would have no effect because we expressly found that the ALJ clearly erred when we stated, “We find this interpretation to be clear error.” Welborn, 66 Ark. App. 122, 125 , 987 S.W.2d 768, 770 (emphasis added).

The petition for rehearing is denied

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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