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  5. 118 Pa.Commw. 397 (1988)
 

CITIZEN CARE, INC. v. PennDPW.

No. 608 C.D. 1987.

118 Pa.Commw. 397 (1988)

545 A.2d 455

Citizen Care, Inc., d/b/a Robinson Development Center, a Pennsylvania corporation, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

August 5, 1988.

Attorney(s) appearing for the Case

Susan M. Mussman, with her, Robert B. Sommer, Kirkpatrick & Lockhart, for petitioner.

No appearance for respondent.

Submitted on briefs March 28, 1988, to President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., August 5, 1988:

A Department of Welfare (DPW) attorney examiner issued a recommended opinion which affirmed DPW's withholding of $340,000.00 from a monthly payment due Citizen Care, Inc., d/b/a Robinson Developmental Center (RDC). The Office of Hearings and Appeals (OHA) adopted the recommendation in its entirety. RDC appeals; we vacate and remand.

RDC is a duly licensed intermediate care facility for the mentally...

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