Albany Surgical, P.C. v. Department of Community Health

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• \courts have consistently held that [DCH] lacks authority to expand [the statutory] exceptions\ to the CON statute
• declaratory judgment action remanded for Superior Court of Gordon County to determine constitutional issues raised but not ruled upon
• “The test for the validity of administrative regulations is based upon a two-part analysis: (1) is the regulation authorized by statute; and (2) is the regulation reasonable?”
• “The test for the validity of administrative regulations is based upon a two-part analysis: (1) is the regulation authorized by statute; and (2) is the regulation reasonable?”
• “Although it is the function of the courts to evaluate the reasonableness of an agency rule, such evaluation should credit the relevant evidence offered to support the reasonableness of the rule.”
• “Although it is the function of the courts to evaluate the reasonableness of an agency rule, such evaluation should credit the relevant evidence offered to support the reasonableness of the rule.”

Source: CourtListener parenthetical corpus (CC0).