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FAIR REST HOME v. DEPT. OF HEALTH

No. 2432 C.D. 1977.

43 Pa.Commw. 106 (1979)

Fair Rest Home, Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent.

Commonwealth Court of Pennsylvania.

May 29, 1979.

Attorney(s) appearing for the Case

James H. Owen, with him Nickleach and Owen, for petitioner.

David F. Phifer, Assistant Attorney General, with him Jennifer A. Stiller, Assistant Attorney General, and Arthur T. McDermott, Assistant Attorney General, for respondent.

Argued February 9, 1979, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., May 29, 1979:

Fair Rest Home (Petitioner) appeals an order of the Department of Health (Department) which revoked its license to operate a nursing home. It calls for remand and we so order.

The Department, without hearing and in reliance on an adjudication after full hearing by the Industrial Board of the Department of Labor and Industry (Industrial Board), revoked Petitioner's license.

Did the Department violate due...

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