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WAGNON v. ARKANSAS HEALTH SERVICES AGENCY

No. CA 00-317.

40 S.W.3d 849 (2001)

73 Ark.App. 269

Sheila WAGNON, d/b/a Ouachita Valley Nursing Center, Inc. v. ARKANSAS HEALTH SERVICES AGENCY, et al.

Court of Appeals of Arkansas, Division III.

April 11, 2001.

Attorney(s) appearing for the Case

Cross, Gunter, Witherspoon & Galchus, P.C., by Janie W. McFarlin, Little Rock, for appellant.

Mark Pryor, Att'y Gen., by Warren T. Readnour, Ass't Att'y Gen., Little Rock, for appellees Arkansas Health Services Agency; Sandra Winston, Director, Arkansas Health Services Agency; and Arkansas Health Services Commission.

Robert D. Smith, III, Little Rock, and Tom Tanner, North Little Rock, for appellees Quality Care Nursing Center, Inc., and Quapaw Nursing Center, Inc.

ANDREE LAYTON ROAF, Judge.

This is an appeal from an order of the Pulaski County Circuit Court declaring an emergency rule enacted by appellee Arkansas Health Services Commission (hereafter "Commission") invalid and affirming the Commission's subsequent decision to repeal it. The Commission, which is vested with authority to approve permits of approval for nursing homes, and appellee Arkansas Health Services Agency (hereafter "Agency"), which reviews and processes...

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