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STATE HEALTH v. SENTARA NORFOLK GEN. HOSP.

Record No. 992018.

534 S.E.2d 325 (2000)

STATE HEALTH COMMISSIONER v. SENTARA NORFOLK GENERAL HOSPITAL.

Supreme Court of Virginia.

September 15, 2000.

Attorney(s) appearing for the Case

Ashley L. Taylor, Jr., Deputy Attorney General (Mark E. Earley, Attorney General; Jane D. Hickey, Senior Assistant Attorney General; Carol S. Nance, Assistant Attorney General, on briefs), for appellant.

Thomas W. McCandlish, Richmond, (Jamie B. Martin, Mary Jane Hall, Norfolk; McCandlish Kaine & Grant, on brief), for appellee.

Present: CARRICO, C.J., LACY, HASSELL, KEENAN, KOONTZ, and KINSER, JJ., and COMPTON, Senior Justice.

LACY, Justice.

In this appeal, we consider whether the Court of Appeals erred in concluding the State Health Commissioner (Commissioner) exceeded his statutory authority and committed reversible error by relying on evidence outside the record and on a mistake of fact when he denied a Certificate of Public Need (COPN) for creation of an additional liver transplant program in Virginia.

On July 31, 1996, Sentara Norfolk...

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