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Home / Opinion Digests / Administrative / Administrative  – CON – Deference to Agency Decision – ALJ Review – MRI Machine (access required)

Administrative  – CON – Deference to Agency Decision – ALJ Review – MRI Machine (access required)

  Even though there was evidence that petitioner’s MRI machine was superior to the machine that respondent Duke University Health System would use, it was within the respondent-agency’s discretion not to consider this criterion. We reverse the administrative law judge’s (ALJ’s) ruling, which overturned the decision of the Division of Health Care Regulation, Healthcare Planning and Certificate ...

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