Arkansas State Highway Commission v. National Advertising Co.

Peter B. Heister, Special Justice,

dissenting. I am mindful of the policy which requires judicial review to be based upon a record created by the administrative agency; however, that policy does not address the issue presented here. In this case the Highway Commission has adopted the position that as there was no hearing there is no reviewable record. There is no doubt that Appellee was entitled to a hearing pursuant to the Administrative Procedure Act. Arkansas State Highway Commission v. Wood, 264 Ark. 425, 572 S.W. 2d 583 (1978). The Commission had provided notice of an “administrative…