Texas Department of Human Services v. Ara Living Centers of Texas, Inc.

JONES, Justice.

ARA Living Centers of Texas, Inc. (ARA), appellee, brought a declaratory-judgment action against the Texas Department of Human Services (TDHS), appellant, pursuant to section 12 of the Administrative Procedure and Texas Register Act (APTRA), Tex.Rev.Civ.Stat.Ann. art. 6252-13a (Pamph.1992). As a provider of nursing home services, ARA challenged the authority of TDHS to assess monetary penalties against it for alleged violations of state quality standards. The trial court granted ARA’s motion for summary judgment. On appeal to this Court, TDHS asserts two points of error: (1)…