Mosher v. Department of Inspections & Appeals, Health Facilities Division

How courts have described this case

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

• concluding agency’s finding that a person was a dependent adult was “not supported by substantial evidence”
• holding state agency’s general regulatory authority over health care facilities did not qualify as a legislative delegation of discretion to elaborate on the statutory definition of “dependent adult”
• concluding (1) agency had incorrectly interpreted the term “dependent adult” as used in governing statute and (2) agency’s finding that the nursing home resident was a “dependent adult” was not supported by substantial evidence
• finding “general regulatory authority ... does not qualify as a legislative delegation of discretion” to the agency
• finding “general regulatory authority . . . does not qualify as a legislative delegation of discretion” to the agency
• department of inspections and appeals’ interpretation of dependant adult abuse provisions

Source: CourtListener parenthetical corpus (CC0).