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OBARA v. MINNESOTA DEPT. OF HEALTH

No. A08-0085.

758 N.W.2d 873 (2008)

George Marita OBARA, Relator, v. MINNESOTA DEPARTMENT OF HEALTH, Respondent.

Court of Appeals of Minnesota.

December 23, 2008.

Attorney(s) appearing for the Case

Glenn Bruder, Mitchell, Bruder & Johnson, Edina, MN, for relator.

Lori Swanson, Attorney General, Jocelyn F. Olson, Assistant Attorney General, St. Paul, MN, for respondent.

Considered and decided by MINGE, Presiding Judge; SCHELLHAS, Judge; and CRIPPEN, Judge.

OPINION

MINGE, Judge.

Relator challenges the decision of the Minnesota Commissioner of Health (commissioner) to refuse to reconsider his disqualification from working as a registered nurse in a state-licensed program. Relator argues that (1) he has a due process right to an evidentiary hearing to challenge his disqualification; (2) the basis for his disqualification was arbitrary and capricious and violated his right to substantive due process; and (3) the...

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