MARSTILLER, J.
Appellant is a developmentally disabled client of the Agency for Persons with Disabilities ("Agency"), receiving services through the Home and Community-Based ("HCB") Services Medicaid Waiver Program. He asserts that the Agency's final order assigning him to Tier Three of the program instead of Tier One must be reversed under this court's decision in Newsome v. Agency for Persons with Disabilities,
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