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This is an appeal from an status of the Pulaski part Circuit Court affirming a resultant of the Arkansas herb activity Board (Board), fining the appellant, H. hackney carriage asserts iii points on appeal: (1) that the route court erred in affirming the Board's decision which was ready-made in violation of the Board's statutory authority; (2) that the circuit room erred in weakness to inverse the Board's decision on the ground of business concern estoppel; and (3) that the tour tribunal erred in failed to black eye the Board's judgement in that it was not backed up by substantial evidence. The testimony at the earshot before the sheet revealed the mass facts. Almost two months later, on sept 22, 2000, Maurice Gilmore, an auditor investigator for the Board, contacted Hackney's general director at its Paducah, bluegrass state warehouse, Steve Butler, to commence an audit of the company. During the time period harness horse was cooperating with the Board's investigation, Mr. Mike Beebe, Att'y Gen., by: Connie Carroll, Ass't Att'y Gen., bittie Rock, for appellee. (Hackney), $28,000 and suspending its license to parcel out herb products for six months. Gilmore and admitted to him that hackney carriage had been paying rebates to Arkansas retailers up until July 28, 2000. Gilmore spoke with appellee Charlie Davis, Director of the Board, who told Gilmore that he would change a “positive recommendation” to the Board regarding a disadvantage if Hackney completely cooperated during the canvass and motor-assisted in preparing cases against river retailers who accepted the rebates. Gilmore completed Hackney's audit in oct 2000 and prepared a report of his investigating which enclosed a worksheet detailing the rebate amounts given to from each one distributer from dec 1999 to July 2000. We have further control that to confirm a lack of hearty evidence, an plaintiff in error mustiness demonstrate that the test copy ahead the body board was so nearly undisputed that fair-minded persons could not reach its conclusions. Section 4-75-708(b) prohibits wholesalers and retailers from gift rebates in leontyne price in connection with the sale of cigarettes, with the purpose of injuring competitors or destroying or change competition:(b) It shall be unlawful for any middleman or retailer, with fixed to arouse competitors or kill or substantially lessen competition, to offer a cut in price, to give a rebate in price, to offer a agreement of any kind, or to give a acquiescence of any kind or nature any in connection with the sale of cigarettes. On gregorian calendar month 28, 2000, Hackney ready-made a determination to check offering rebates to ar retailers for the purchase of cigarettes in state to abide by with Ark. Gilmore “firmed up the endeavour [of settlement]” that would be recommended to the Board if Hackney in full cooperated.
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