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REM, INC. v. DEPT. OF HUMAN SERVICES

No. CO-85-1703

382 N.W.2d 539 (1986)

In the Matter of the Contested Case of REM, INC., d.b.a. REM-Beltrami, Inc., REM-Bemidji, Inc., REM-Bloomington, Inc., REM-Canby, Inc., REM-Fairmont, Inc., REM-Lyndale, Inc., Mankato, Inc., REM-Marshall, Inc., REM-Montevideo, Inc., REM-Pillsbury, Inc., REM-Pleasant, Inc., REM-Redwood Falls, Inc., REM-Rochester, Inc., REM-Roseau, Inc., REM-St. Cloud, Inc., REM-Southeast, Inc., REM-Tyler, Inc., REM-Waite Park, Inc., Relators, v. DEPARTMENT OF HUMAN SERVICES, Respondent.

Court of Appeals of Minnesota.

February 25, 1986.

Attorney(s) appearing for the Case

Gerald S. Duffy, Charles C. Jensch, Jeffrey G. Stephenson, St. Paul, for relators.

Hubert H. Humphrey, III, Atty. Gen., John L. Kirwin, Sp. Asst. Atty. Gen. St. Paul, for respondent.

Heard, considered and decided by FORSBERG, P.J., and LANSING and RANDALL, J.

OPINION

FORSBERG, Judge.

Relators, providers of intermediate care facilities for mentally retarded persons, appeal the Commissioner of Human Services' determination that they are not entitled to receive a 93 percent occupancy incentive and that their 1981 and 1982 per diem rates are correct. They contend that the Commissioner's decision was arbitrary, not supported by substantial evidence, made in violation of constitutional provisions and based upon an...

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