[Download] "Slack Nursing Home v. Department Social" by Court of Appeals of New York * eBook PDF Kindle ePub Free

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eBook details

• Title: Slack Nursing Home v. Department Social
• Author : Court of Appeals of New York
• Release Date : January 03, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

The Department of Social Services (Department) appeals a finding and order of the district court for Lancaster County, dated June 22, 1993. Slack Nursing Home, Inc., appealed to the district court from the finding and order of the director of the Department dated May 29, 1992. The district court conducted its review de novo on the record of the Department. The Department contends that the district court should have limited its review to a determination of whether the Departments order was supported by substantial evidence, whether the Department acted within the scope of its authority, and whether the Departments decision was arbitrary, capricious, or unreasonable. The Department asserts that the district courts broader review violated Nebraskas separation of powers doctrine. See Neb. Const. art. II, § 1. We hold that the legislatively mandated de novo standard of review in contested case proceedings under the Administrative Procedure Act (APA) does not violate the separation of powers doctrine. However, in this case the district court erred in rejecting the Departments interpretation of its own regulation absent a showing that the Departments interpretation was plainly erroneous or inconsistent. We, therefore, reverse the decision of the district court and reinstate the finding and order made by the Department dated May 29, 1992.

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