Legal Opinion

Park Haven, Inc. v. Texas Department of Human Services

Texas Court of Appeals, 3rd District (Austin)

Decided June 13, 2002No. 03-01-00329-CVPublishedCited by 13 opinions

1Opinion of the Court

LEE YEAKEL, Justice.

Appellant Park Haven, Inc. d/b/a Park Haven Healthcare Center (“Park Haven”) appeals from a district-court judgment upholding a final order of appellee Texas Department of Human Services (“TDHS”). TDHS assessed $98,400 in penalties against Park Haven for violations of TDHS rules. See 40 Tex. Admin. Code §§ 19.901, .1601(1)(A) (2002) (Tex. Dep’t of Human Servs.). 1 On appeal, Park Haven contends that (1) the agency’s order is not supported by substantial evidence and (2) the agency’s failure to follow a statutory mandate renders an agency rule invalid. Because we agree that…

2Cases cited5 opinions

  1. United States v. LarionoffSupreme Court of the United States · 1977
  2. Texas Health Facilities Commission v. Charter Medical-Dallas, Inc.Texas Supreme Court · 1984
  3. Public Utility Commission v. Gulf States Utilities Co.Texas Supreme Court · 1991
  4. Lone Star Salt Water Disposal Co. v. Railroad Commission of TexasCourt of Appeals of Texas · 1990
  5. Sharp v. International Business MacHines Corp., Texas Court of Appeals, 3rd District (Austin)1996

3Cited by13 opinions

  1. CenterPoint Energy Houston Electric, LLC v. Gulf Coast Coalition of Cities, Texas Court of Appeals, 3rd District (Austin)2008
  2. Fleetwood Community Home v. Bost, Texas Court of Appeals, 3rd District (Austin)2003
  3. Aetna Life Insurance Company, Inc. v. Michael Nazarian MD Assoc. LLC, Texas Court of Appeals, 2nd District (Fort Worth)2022
  4. All by Grace Home Health Care, Inc. v. Texas Health and Human Services Commission, Texas Court of Appeals, 8th District (El Paso)2023
  5. Carl M. Patton v. Employees Retirement System of Texas, Texas Court of Appeals, 3rd District (Austin)2007

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