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MN. ASS'N FOR HOMES FOR AGING v. HUMAN SERV.

No. C5-85-1891.

385 N.W.2d 65 (1986)

MINNESOTA ASSOCIATION OF HOMES FOR THE AGING, et al., Relators, v. DEPARTMENT OF HUMAN SERVICES, Respondent.

Court of Appeals of Minnesota.

Review Denied June 13, 1986.

Attorney(s) appearing for the Case

William E. Flynn, Margaret M. Van Valkenburg, O'Connor & Hannan, David Feinwachs, Kristin K. Larson, Minneapolis, for relators.

Samuel D. Orbovich, Broeker & Grant, Bloomington, for amicus curiae Minnesota Ass'n of Health Care Facilities.

Hubert H. Humphrey, III, Atty. Gen., Gary Van Cleve, Sp. Asst. Atty. Gen., St. Paul, for Dept. of Human Services, respondent.

Heard, considered and decided by NIERENGARTEN, P.J., and FORSBERG and LESLIE, JJ.

OPINION

FORSBERG, Judge.

Relators seek a judgment pursuant to Minn.Stat. § 14.44 (1984) declaring Minn.R. 9549.0060, subp. 11.C.(3) invalid because it exceeds the Minnesota Department of Human Services' statutory authority and was adopted without compliance with rulemaking requirements. Relators also seek to have the Minnesota Department of Human Services' interpretation and application of Minn.Stat. § 256B.431, subd. 4, as amended by 1985 Minn...

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