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LaFORGE v. DEPT. OF HUMAN SERVICES

A142248.

241 P.3d 313 (2010)

237 Or. App. 500

Anita LaFORGE, Petitioner, v. DEPARTMENT OF HUMAN SERVICES, Respondent.

Court of Appeals of Oregon.

Decided September 29, 2010.

Attorney(s) appearing for the Case

Stephen Skipton , Eugene, argued the cause for petitioner. With him on the briefs were Lane County Legal Aid and Advocacy Center, and Karen A. Berkowitz , Deborah G. Weston , and Oregon Law Center.

Karla H. Ferrall , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

SCHUMAN, P.J.

Petitioner challenges a rule promulgated by the Department of Human Services (DHS). The rule establishes the criteria and procedures for obtaining a license to operate a residential care facility. According to petitioner, the rule is invalid because the statute that authorizes DHS to license residential care facilities requires the agency to consider the applicant's willingness to serve Medicaid recipients, and the rule permits the agency to grant a...

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