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MATTER OF LEISURE HILLS HEALTH CARE CTR.

No. C5-93-2343.

518 N.W.2d 71 (1994)

In the Matter of an ASSESSMENT ISSUED TO LEISURE HILLS HEALTH CARE CENTER ON MARCH 2, 1992 and in the matter of Assessments Issued to Leisure Hills Health Care Center on April 6, 1992.

Court of Appeals of Minnesota.

Review Denied September 16, 1994.

Attorney(s) appearing for the Case

Thomas J. Barrett, Louis N. Smith, Meredith M. McQuaid, Minneapolis, for Leisure Hills Health Care Center.

Hubert H. Humphrey, III, Atty. Gen., Mary L. Stanislav, Maria C. Christu, Asst. Attys. Gen., St. Paul, for Dept. of Health.

Considered and decided by HARTEN, P.J., and KALITOWSKI and PETERSON, JJ.

OPINION

KALITOWSKI, Judge.

Relator Leisure Hills Health Care Center (Leisure Hills) seeks review of three nursing home penalty assessments issued by respondent Minnesota Department of Health. Leisure Hills contends: (1) the Department must promulgate its nursing home inspection procedures as rules pursuant to the Minnesota Administrative Procedure Act (Minnesota APA); (2) the Department's inspection of Leisure Hills was arbitrary and capricious; and (3)...

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