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VAN ORDEN v. STATE, DEPT. OF HEALTH & WELF.

No. 13269.

637 P.2d 1159 (1981)

102 Idaho 663

C. Lynn VAN ORDEN and Mary Van Orden, husband and wife, individually, and d/b/a Canyon Care Center, Plaintiffs-Respondents, v. STATE of Idaho, DEPARTMENT OF HEALTH AND WELFARE, and Milton G. Klein, its Director, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied December 22, 1981.

Attorney(s) appearing for the Case

David H. Leroy, Atty. Gen., Lynn E. Thomas, Sol. Gen., Stanley R. Voyles, Deputy Atty. Gen., Dept. H & W, Boise, for defendants-appellants.

Ray Wendell Rigby, Gordon S. Thatcher, and Breck H. Barton of Rigby, Thatcher, Andrus, Barton & Walters, Rexburg, for plaintiffs-respondents.

SHEPARD, Justice.

This is an appeal from a reversal of an order of the Department of Health and Welfare suspending a provisional license and denying a full license for a shelter home. The district court reversed the Department's order on the basis that the Van Ordens had been denied procedural due process. We reverse the order of the district court.

Since the decision of the district court was based solely on alleged procedural irregularities, it is necessary...

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