Musheno v. Department of Public Welfare

DISSENTING OPINION BY

Senior Judge MIRARCHI.

I must respectfuhy dissent.

I would gladly join with the majority opinion had the facts shown or suggested that the Department issued to Petitioner a provisional certificate despite the fact that Petitioner was in full comphance with the Code and ah apphcable regulations. In such a case, there would arguably have been a violation of the Code and/or an abuse of the Department’s discretion, necessitating a remedy. When as here, however, the Department’s inspection detects violations of its regulations, it has grounds to deny the issuance of a…