In the Matter of the Surveillance and Integrity Review (sirs) Appeals by Trinity Home Health Care Services And…

Summary

The court held that the Department of Human Services lacked authority to remand a contested case to the administrative law judge after the judge issued a final recommendation. Under the governing administrative procedure statute, the agency could accept, modify, or reject the recommendation within the applicable period, but remand was not an available option. Because the remand was unauthorized, the administrative law judge’s first report became the binding final decision, and the court did not reach whether the later agency order was supported by substantial evidence or was arbitrary and capricious.