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MURPHY v. SENIOR SERVICES DIV.

CA A35334 (Control), CA A36438.

767 P.2d 104 (1989)

94 Or.App. 725

Dennis MURPHY, Dba Hood View Residential Care Home and Mt. Scott Residential Care Home, Petitioner, v. SENIOR SERVICES DIVISION, Respondent. Dennis Murphy, Dba Hood View Residential Care Home and Mt. Scott Residential Care Home, Petitioner, v. Mental Health Division, Respondent. and the Department of Human Resources, Respondent.

Court of Appeals of Oregon.

Decided January 11, 1989.

Attorney(s) appearing for the Case

Montgomery W. Cobb, Portland, argued the cause for petitioner. With him on the brief were Arden E. Shenker, Portland, and Tooze Marshall Shenker Holloway & Duden, Portland.

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J. Pro Tem., and GRABER and RIGGS, JJ.

RIGGS, Judge.

Petitioner brings this action under ORS 183.400 to challenge administrative rules adopted by the Department of Human Resources (DHR) and two of its divisions, the Senior Services Division (SSD) and the Mental Health Division (MHD). We hold the challenged rules valid.

Petitioner operates two private residential care facilities that provide protective, supervised room and board to residents not in need of medical treatment or nursing care. Before...

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