In the identification of the applicant as a person who had been ordered by OHFLAC in 1988 The investigation revealed that, contrary to the representations in theĪpplication, the true current surname of the applicant was Copley. See footnote 2 Following the filing, OHFLAC inspected and investigated the
#LAWRENCE COUNTY OHIO BUSINESS LICENSE LICENSE#
The name, Anna Sydenstricker, filed a license application for Sunnyvale on or about
#LAWRENCE COUNTY OHIO BUSINESS LICENSE FULL#
Phyllis Copley, whose full name is Phyllis Anna Sydenstricker Copley, using OHFLAC to operate a facility called the Sunnyvale Residential Board and Care Home, in Indicated, the present case grows out of the filing of an application by Phyllis Copley with Seq., relating to nursing, personal care, and residential board and care homes.
The Office of Health Facility Licensure and Certification (OHFLAC) is a StateĪgency within the West Virginia Department of Health and Human Resources and isĪuthorized to license health facilities in West Virginia. Remands with the recommendation that the circuit court's order be reformed to clarify the inquiry to be made before the case is submitted for the additional hearing deemed necessary Necessary to a proper determination of the issues appropriate to the licensure proceeding and That the circuit court's order does not completely define the further inquiries which are The order of the circuit court is, therefore, affirmed. Reviewing the issues presented and the documents filed, this Court cannot find reversibleĮrror. The licensing matter for that of the Department of Health and Human Resources. West Virginia Department of Health and Human Resources claims that by remanding theĬase the circuit court exceeded its scope of judicial review and substituted its judgment in In the present appeal, See footnote 1 the Phyllis Copley appealed to the Circuit Court of Cabell County,Īnd the circuit court remanded the case for further development. License to the appellee, Phyllis Copley, to authorize her to operate a residential board andĬare home in Cabell County. Human Resources/Office of Health Facility Licensure and Certification, refused to issue a The appellant in this proceeding, the West Virginia Department of Health and Or clearly unwarranted exercise of discretion." W.Va. On the whole record or (6) Arbitrary or capricious or characterized by abuse of discretion Jurisdiction of the agency or (3) Made upon unlawful procedures or (4) Affected by otherĮrror of law or (5) Clearly wrong in view of the reliable, probative and substantial evidence If the substantial rights of the petitioner or petitioners have been prejudiced because theĪdministrative findings, inferences, conclusions, decision or order are: (1) In violation ofĬonstitutional or statutory provisions or (2) In excess of the statutory authority or It shall reverse, vacate or modify the order or decision of the agency "The court may affirm the order or decision of the agency or remand the caseįor further proceedings. JUDGE RECHT sitting by temporary assignment. The Opinion of the Court was delivered PER CURIAM. OFFICE OF HEALTH FACILITY LICENSURE AND CERTIFICATION,Īppeal from the Circuit Court of Cabell County IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIAĭEPARTMENT OF HEALTH AND HUMAN RESOURCES/