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MATTER OF SURVEILLANCE & INTEGRITY REVIEW

A22-0183.

996 N.W.2d 178 (2023)

In the MATTER OF the SURVEILLANCE AND INTEGRITY REVIEW (SIRS) Appeals by Trinity Home Health Care Services and Etyane Ayana.

Supreme Court of Minnesota.

Filed: October 11, 2023.

Attorney(s) appearing for the Case

Matthew J. Schaap , Cassandra C. Wolfgram , Dougherty, Molenda, Solfest, Hills & Bauer P.A., Apple Valley, Minnesota, for appellants.

Keith Ellison , Attorney General, Leonard J. Schweich , Assistant Attorney General, Saint Paul, Minnesota, for respondent.

Keith Ellison , Attorney General, Rachel Bell-Munger , Assistant Attorney General, Saint Paul, Minnesota, for amici curiae Commissioners of the Minnesota Departments of Health, Labor and Industry, and Veterans Affairs.

Brianna Boone , Russell Squire , Southern Minnesota Regional Legal Services, Saint Paul, Minnesota, for amicus curiae Southern Minnesota Regional Legal Services.

OPINION

The question in this case is whether the Department of Human Services (DHS) appropriately remanded a case to an administrative law judge (ALJ) under the Minnesota Administrative Procedure Act, Minn. Stat. § 14.62 (2022). We conclude that DHS did not have the authority to remand the case to the ALJ. Accordingly...

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