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MT. OLIVE HOME HEALTH v. DEPT. OF HUMAN RES.

No. 8510DHR379.

336 S.E.2d 625 (1985)

MOUNT OLIVE HOME HEALTH CARE AGENCY, INC., Petitioner/Appellant, v. N.C. DEPARTMENT OF HUMAN RESOURCES, Respondent/Appellee, and Tar Heel Health Care Services, Respondent/Appellee.

Court of Appeals of North Carolina.

December 3, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Barbara P. Riley, Raleigh, for respondent-appellee, N.C. Department of Human Resources.

Jordan, Brown, Price & Wall by William R. Shenton, Raleigh, for intervenor-appellee, Tar Heel Health Care Services.

Smiley, Olson, Gilman & Pangia by William P. Harper, Jr., Raleigh, for petitioner-appellant.

MARTIN, Judge.

The two main issues on this appeal are whether the hearing officer erred in excluding the testimony of Mount Olive's expert witnesses, and whether the Agency's decision was supported by substantial evidence. We find no error in the exclusion of the expert testimony and conclude that the final decision of the Agency was supported by substantial evidence. Therefore, we affirm the decision of the Agency.

Petitioner first assigns error to the preclusion...

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