State of Ark. Sex Offender Risk Assessment Comm. v. Wallace ( 2014 )

Cite as 2014 Ark. App. 18
ARKANSAS COURT OF APPEALS
DIVISIONS I & IV
No. CV-13-297
Opinion Delivered January 8, 2014
STATE OF ARKANSAS SEX
OFFENDER RISK ASSESSMENT APPEAL FROM THE GARLAND
COMMITTEE COUNTY CIRCUIT COURT
APPELLANT [NO. CV-11-58-1]
V. HONORABLE JOHN HOMER
WRIGHT, JUDGE
MICHAEL G. WALLACE SUPPLEMENTAL OPINION ON
APPELLEE DENIAL OF REHEARING
KENNETH S. HIXSON, Judge
In his petition for rehearing, appellee Michael G. Wallace contends that our opinion
in State of Arkansas Sex Offender Risk Assessment Committee v. Wallace, 2013 Ark. App. 654,
contains errors of law or fact requiring rehearing. In that opinion, we affirmed the agency’s
decision to assess Wallace at a Level 2 notification to the public, reversing the circuit court’s
order setting the public notification at Level 1.
We deny Wallace’s petition for rehearing to the extent that Wallace reargues
the substantiality of evidence to support the agency decision, which we have heretofore
considered and rejected. This is not a valid basis to support rehearing, as stated in Ark. Sup.
Ct. R. 2-3(g) (2013).
Wallace’s petition for rehearing also contends that we ignored and failed to address
whether the agency decision was “arbitrary and capricious.” We deny Wallace’s petition on
Cite as 2014 Ark. App. 18
this basis as well, although we provide this supplemental opinion upon denial of Wallace’s
petition to clarify our holding. See Huth v. Div. of Soc. Servs. of Dep’t of Human Servs., 287
Ark. 294, 700 S.W.2d 367 (1985). In short, we need not decide whether the agency’s action
was arbitrary and capricious because it automatically follows that where substantial evidence
is found, a decision cannot be classified as unreasonable or arbitrary. See Wright v. Ark. State
Plant Bd., 311 Ark. 125, 842 S.W.2d 42 (1992); Capitol Zoning Dist. Comm’n v. Cowan, 2012
Ark. App. 619, S.W.3d ; Lamar Co. v. Ark. State Highway & Transp. Dep’t, 2011 Ark.
App. 695, 386 S.W.3d 670.
Petition for rehearing denied.
WALMSLEY, HARRISON, GRUBER, WHITEAKER, and BROWN, JJ., agree.
Dustin McDaniel, Att’y Gen., by: Amy L. Ford, Ass’t Att’y Gen., for appellant.
Hurst, Morrissey & Hurst, PLLC, by: Q. Byrum Hurst, Jr., for appellee.
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