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DEPARTMENT OF HUMAN SERVICES v. BERRY

No. 88-120.

764 S.W.2d 437 (1989)

297 Ark. 607

DEPARTMENT OF HUMAN SERVICES; DIVISION OF SOCIAL SERVICES; OFFICE OF LONG TERM CARE, Appellant, v. Sammie BERRY, Appellee.

Supreme Court of Arkansas.

February 13, 1989.

Attorney(s) appearing for the Case

William F. Knight, Asst. Atty. Gen., Little Rock, for appellant.

Darryl Graves, Lawrence, Kan., for appellee.

GLAZE, Justice.

The appellee, Sammie Berry, is licensed by the State of Arkansas as a practical nurse and is also the owner-operator of a licensed residential care facility within this state. The appellant, Department of Human Services (DHS), through its Office of Long Term Care (OLTC), is empowered by law to make rules and regulations to control residential care facilities. Berry sought a declaratory judgment that certain regulatory provisions adopted by the OLTC...

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