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DEPT. OF HUMAN SERVICES v. ARA LIVING

No. 3-91-422-CV.

833 S.W.2d 689 (1992)

TEXAS DEPARTMENT OF HUMAN SERVICES, Appellant, v. ARA LIVING CENTERS OF TEXAS, INC., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled August 26, 1992.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Omar V. Guerrero, Asst. Atty. Gen., Austin, for appellant.

Phyllis B. Schunck, Clark, Thomas, Winters & Newton, Austin, for appellee.

Before CARROLL, C.J., and JONES and KIDD, JJ.

JONES, Justice.

ARA Living Centers of Texas, Inc. (ARA), appellee, brought a declaratoryjudgment action against the Texas Department of Human Services (TDHS), appellant, pursuant to section 12 of the Administrative Procedure and Texas Register Act (APTRA), Tex.Rev.Civ.Stat.Ann. art. 6252-13a (Pamph.1992). As a provider of nursing home services, ARA challenged the authority of TDHS to assess monetary penalties against it for alleged violations of state quality standards...

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