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WASHINGTON STATE DEPT. OF HEALTH v. YOW

No. 61021-0-I.

199 P.3d 417 (2008)

WASHINGTON STATE DEPARTMENT OF HEALTH UNLICENSED PRACTICE PROGRAM, Appellant/Cross-Respondent, v. Dirk YOW, Respondent/Cross-Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered December 30, 2008.

Attorney(s) appearing for the Case

Geoffrey W. Hymans, Office of The Attorney General, Olympia, WA, for Appellant/Cross-Respondent.

Michael K. McCormack, Attorney at Law, Maple Valley, WA, for Respondent/Cross-Appellant.

COX, J.

¶ 1 The Department of Health appeals the superior court's order, which affirmed the Department's final order against Dirk Yow for the unlicensed practice of medicine except for the civil fine levied against him. We hold that the imposition of the $444,000 fine was not arbitrary and capricious.

¶ 2 Yow cross-appeals. We hold that the Department had statutory authority to use a health law judge to conduct the administrative hearing. The findings...

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