United States Eleventh Circuit
Emerald Shores Health Care Assocs. v. US Dept. of Health and Human Svcs., 0712404
Petition to review decision by the Departmental Appeals Board (DAB) to impose a civil monetary penalty for failing to maintain an effective pest control program is affirmed and DAB's decision is vacated where: 1) the facility's response was reasonable and sufficient based on the then-current understanding of effectiveness; and thus 2) the DAB's decision was not supported by substantial evidence.
Appellate Information
- Decided 10/22/2008
- Published 10/22/2008
Judges
Court
- United States Eleventh Circuit