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BAFFER v. DEPARTMENT OF HUMAN SERVICES

553 A.2d 659 (1989)

Roger BAFFER v. DEPARTMENT OF HUMAN SERVICES.

Supreme Judicial Court of Maine.

Decided January 30, 1989.

Attorney(s) appearing for the Case

John F. Lambert (orally), Black, Lambert, Coffin & Haines, Portland, for plaintiff.

James E. Tierney, Atty. Gen., Leigh Ingalls Saufley (orally), Asst. Atty. Gen., Augusta, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, CLIFFORD, HORNBY and COLLINS, JJ.

HORNBY, Justice.

In the context of foster home licensing denials, this case requires us to examine the authority of a Department of Human Services hearing officer under the state Administrative Procedure Act. We conclude that if the hearing officer's decision is to be the agency's final action he must, upon review of the relevant evidence, exercise the discretion of the Commissioner. The alternative is to have the hearing officer make a report and proposed findings...

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