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CHOICES INSTITUTE v. HEALTH CARE AUTHORITY

No. 107,533. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

241 P.3d 705 (2010)

2010 OK CIV APP 117

CHOICES INSTITUTE, Plaintiff/Appellant, v. OKLAHOMA HEALTH CARE AUTHORITY and Mike Fogarty, In His Capacity of Chief Executive Officer of the Oklahoma Health Care Authority, Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 3.

September 24, 2010.

Attorney(s) appearing for the Case

Tom Q. Ferguson , James R. Bullard , Doerner, Saunders, Daniel & Anderson, L.L.P., Oklahoma City, OK, for Plaintiff/Appellant.

Christopher J. Bergin , Heather M. Poole , Oklahoma Health Care Authority, Oklahoma City, OK, for Defendant/Appellee.

BAY MITCHELL, Judge.

¶ 1 This is an appeal by Choices Institute (Institute) from an order of the district court dismissing Institute's appeal from a decision of the Administrator of the Oklahoma Health Care Authority (OHCA).1 OHCA sought dismissal on the basis of Institute's failure to have summons issued and failure to file proof of service within ten (10) days which, OHCA claims, violates § 318(C) of the Administrative Procedures...

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