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BRITTHAVEN, INC. v. DEPT. OF HUMAN RESOURCES

No. 9410DHR502.

455 S.E.2d 455 (1995)

118 N.C. App. 379

BRITTHAVEN, INC., d/b/a Britthaven of Morganton, Petitioner-Appellant, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, DIVISION OF FACILITY SERVICES, Respondent-Appellee, and Valdese Nursing Home, Inc., Respondent-Intervenor-Appellee.

Court of Appeals of North Carolina.

April 4, 1995.

Attorney(s) appearing for the Case

Bode, Call & Green by Robert V. Bode, Nancy O. Mason, and Diana E. Ricketts, Raleigh, for petitioner appellant.

Atty. Gen. Michael F. Easley by Associate Atty. Gen. Sherry L. Cornett, for respondent North Carolina Dept. of Human Resources.

Smith, Helms, Mullis & Moore, L.L.P. by Maureen Demarest Murray and Terrill Johnson Harris, Greensboro, for respondent Valdese Nursing Home, Inc.

ARNOLD, Chief Judge.

Petitioner Britthaven's first assignment of error is that the Agency's initial decision was improperly reviewed, thereby restricting the applicant's statutory hearing rights. Specifically, petitioner argues that the ALJ's Recommended Decision and the Director's Final Decision afforded a "presumption of correctness" as to the Agency's initial decision, rather than providing a de novo hearing as to all disputed issues. Petitioner's argument...

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