CASE LAW UPDATE: Whether the denial of request to set aside disqualification was not arbitrary and capricious?
Relator was disqualified from withing with patients of licensed programs. Relator brought a request to set aside the disqualification. Relator’s request was denied. Relator appealed. Because the Commissioner must give preeminent weight to the safety of the residents, and because several relevant factors supported the Commissioner’s finding, the Minnesota Court of Appeals held that Commissioner’s denial of Relator’s request to set aside the disqualifications was neither arbitrary and capricious, but was supported by substantial evidence.
S.K. v. Minn. Dept. of Health, A20-1260, Minn. Dept. of Health.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.