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LIBERTY DIALYSIS-HAWAII v. RAINBOW DIALYSIS

No. SCAP-12-0000018.

306 P.3d 140 (2013)

130 Haw. 95

LIBERTY DIALYSIS-HAWAII, LLC, a Delaware limited liability company, Petitioner/Appellant-Appellant/Cross-Appellee, v. RAINBOW DIALYSIS, LLC, a Delaware limited liability company, Respondent/Appellee-Appellee/Cross-Appellant, and State Health Planning & Development Agency, Department of Health, State of Hawai`i, an administrative agency of the State of Hawai`i, Respondent/Appellee-Appellee.

Supreme Court of Hawai`i.

Reconsideration Denied July 16, 2013.

Attorney(s) appearing for the Case

Daniel P. Collins , for petitioner.

Ellen Godbey Carson , Honolulu, for respondent Rainbow Dialysis, LLC.

Ann V. Andreas , Honolulu, for respondent State of Hawaii.

RECKTENWALD, C.J., NAKAYAMA, and McKENNA, JJ., with ACOBA, J., dissenting, with whom POLLACK, J., joins.

Opinion of the Court by RECKTENWALD, C.J.

This appeal requires us to consider whether the Department of Health's general administrative rules concerning disqualification apply to State Health Planning & Development Agency (SHPDA) committees that are established to reconsider the agency's approval of a Certificate of Need. Briefly stated, SHPDA granted Rainbow Dialysis, LLC a conditional Certificate of Need to establish two outpatient dialysis facilities at Kaiser...

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