711 S.W.3d 799
Ark. Ct. App.2025Background
- Charity Tarr, a registered nurse and advanced practice registered nurse, was found to have engaged in an unprofessional relationship with a patient, according to her employer’s investigation.
- Tarr’s licenses expired in November 2020 and she did not attempt to renew them.
- In June 2021, the Arkansas State Board of Nursing sent Tarr a letter of reprimand (LOR) requiring her to complete a “Nurse and Professional Behaviors” course within six months.
- Tarr did not comply with the LOR, and after a further warning in March 2022, the Board scheduled a disciplinary hearing, ultimately suspending her license until she completed the required course.
- Tarr argued she never received proper notice of the LOR, contending the Board’s service was improper; she also claimed the Board’s sanction was unduly harsh.
- The circuit court affirmed the Board’s decision, and Tarr appealed to the Arkansas Court of Appeals.
Issues
| Issue | Tarr's Argument | Board's Argument | Held |
|---|---|---|---|
| Proper notice/Service of LOR | Never received LOR or hearing notice; board failed to properly serve her, so she couldn't comply | LOR sent by certified mail and nurse portal; green card signed by Tarr; Board credited this over Tarr's testimony | Substantial evidence supported Board’s finding Tarr received notice; affirmed |
| Harshness of sanction | Suspension was unduly harsh for failing to complete course, amounting to arbitrary/capricious action | Suspension was temporary and only until course was completed; not comparable to revocation cases | Suspension upheld as not arbitrary/capricious; sanction was proportionate |
| Standard of review (after Loper Bright) | Argues for de novo review based on new Supreme Court precedent | Argues only legal/statutory interpretation is reviewed de novo; Board’s factual findings remain deferentially reviewed | Affirmed deferential, substantial-evidence review for factfinding |
| Due process | Alleged due process violation due to lack of notice and hearing opportunities | Board followed lawful procedures, notice reasonably afforded | No due process violation; affirmed |
Key Cases Cited
- Bohannon v. Ark. St. Bd. of Nursing, 320 Ark. 169 (substantial evidence standard applies in review of Board of Nursing decisions)
- Brown v. Ark. State Heating, Ventilation, Air Conditioning, and Refrigeration Licensing Bd., 336 Ark. 34 (notice in agency proceedings may be provided by regular mail)
- Baxter v. Ark. St. Bd. of Dental Exam’rs, 269 Ark. 67 (agency penalty may be arbitrary/capricious if unduly harsh)
- Collie v. Arkansas State Medical Board, 370 Ark. 180 (revocation requires a clear showing of willful violation, not just a rule violation)
- Arkansas State Board of Pharmacy v. Patrick, 243 Ark. 967 (permanent bar from a profession requires heightened proof)