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OVERLAKE HOSP. ASS'N v. DEPARTMENT OF HEALTH

No. 60554-2-I.

200 P.3d 248 (2008)

OVERLAKE HOSPITAL ASSOCIATION and Overlake Hospital Medical Center, a Washington nonprofit corporation; and King County Public Hospital District No. 2, d/b/a Evergreen Healthcare, a Washington Public Hospital District, Appellants, v. DEPARTMENT OF HEALTH of the State of Washington, Respondent.

Court of Appeals of Washington, Division 1.

Publication Ordered January 20, 2009.

Attorney(s) appearing for the Case

James Scott Fitzgerald, Gregory A. McBroom, Kirkland, WA, for King County Public Hosp.

Donald W. Black, Jeffrey Duane Dunbar, E. Ross Farr, Ogden Murphy Wallace, Seattle, WA, for Overlake Hosp. Ass'n and Overlake Hosp. Medical Center.

Brian William Grimm, Peter Scott Ehrlichman, Seattle, WA, for Swedish Health Services.

Richard Arthur McCartan, Atty. Gen., Olympia, WA, for Dept. of Health.

GROSSE, J.

¶1 Although a high level of deference is accorded to an agency's determination under the Administrative Procedure Act,1 such deference will not lie where an agency's decision is based on an implausible interpretation of its regulations. Here, the Department of Health promulgated rules for determining whether a need exists for additional ambulatory surgical facilities in Bellevue that employ a flawed mathematical formula...

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