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JENNY WILEY HEALTH CARE CENTER v. COM.

No. 91-SC-310-DG.

828 S.W.2d 657 (1992)

JENNY WILEY HEALTH CARE CENTER, Appellant, v. COMMONWEALTH of Kentucky CABINET FOR HUMAN RESOURCES, Appellee.

Supreme Court of Kentucky.

April 9, 1992.

Attorney(s) appearing for the Case

Maria Alagia Cull and David H. Vance, Frankfort, for appellant.

James M. Deep, Frankfort, for appellee.

STEPHENS, Chief Justice.

The sole issue in this appeal is whether the act of depositing in the mail a written request for a hearing concerning a citation issued by the Cabinet for Human Resources, pursuant to 900 KAR 2:020, Sec. 2(1), amounts to a "filing," when receipt of the request by the Cabinet exceeds the twenty-day filing requirement by one day, according to 900 KAR 2:020, Sec. 2(2). The Circuit Court and Court of...

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