Legal Opinion
Department of Human Services v. Berry
Supreme Court of Arkansas
Decided February 13, 1989No. 88-120PublishedCited by 19 opinions
1Opinion of the Court
Tom Glaze, Justice.
The appellee, Sammie Berry, is licensed by the State of Arkansas as a practical nurse and is also the owner-operator of a licensed residential care facility within this state. The appellant, Department of Human Services (DHS), through its Office of Long Term Care (OLTC), is empowered by law to make rules and regulations to control residential care facilities. Berry sought a declaratory judgment that certain regulatory provisions adopted by the OLTC were arbitrary and in conflict with the authority granted to the Arkansas State Board of Nursing to regulate the nursing…
2Cases cited3 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Arkansas Pharmacists Association v. HarrisCourt of Appeals for the Eighth Circuit · 1980
- Rowell v. AustinSupreme Court of Arkansas · 1982
3Cited by19 opinions
- Arkansas Department of Human Services v. HowardSupreme Court of Arkansas · 2006
- McLane Co., Inc. v. DavisSupreme Court of Arkansas · 2003
- National Park Medical Center, Inc. v. Arkansas Department of Human ServicesSupreme Court of Arkansas · 1995
- Arkansas Health Services Commission v. Regional Care Facilities, Inc.Supreme Court of Arkansas · 2002
- Gurley v. MathisSupreme Court of Arkansas · 1993
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