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DeLEON, INC. v. DHS

A132259.

188 P.3d 354 (2008)

220 Or. App. 542

DeLEON, INC., Petitioner, v. DEPARTMENT OF HUMAN SERVICES, Respondent.

Court of Appeals of Oregon.

Decided June 18, 2008.

Attorney(s) appearing for the Case

Jack Oswald argued the cause and filed the briefs for petitioner.

Michael C. Livingston, Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

The Department of Human Services (DHS) penalized petitioner DeLeon, Inc., the owner and operator of a grocery store, for violating rules governing the federally sponsored Women, Infants, and Children (WIC) Program. Petitioner seeks judicial review, arguing that DHS incorrectly construed and applied the rules. We agree with petitioner. We therefore reverse and remand.

The WIC Program provides nutrition education and counseling, nutritious supplemental...

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