Case Notes: 2011-BHS-0263-DHS May 17, 2012 Wherein, the office of the director, Arizona Department of Health Services, fast tracks the final decision; the next step is clear.
Hot off the press: The administrative law judge in the above case, which was reviewed under the authority of the Arizona Office of Administrative Hearings (OAH [Phoenix, AZ]) on May 17, 2012, refused to reasonably apply the full merits of submitted evidence, including directly applicable law that was cited in at least three well detailed documents, and opted to dismiss this appeal in part (certain aspects of the original case were not determined at this time; I will reappeal those specific aspects of the case within 30 days); following which, a woman named Lynn Golder, operating out of the office of the director, Arizona Department of Health Services, under the title of "director's designee," signed off on a very cursory review of the administrative judge's findings, affecting a furtherance of the judge's dismissal to the same capacity as determined in her findings.
This is OK, we expected this, in effect, and we have already determined what the next best curse of action for this case is; and in no uncertain terms, this fast food-burrito stand issuance of the final decision actually expedites the broader process, which I welcome at this point.
Of note, however: There are several deviations from applicable procedural law in both the judge's finding as well as the language of the ADHS decision that definitely deserve a closer look. My people are already on it (sic). More later.
IN CLOSING: I don't know how many times I said it while I was hospitalized at The Arizona State Hospital for thirteen months between early January, 2011, and late February, 2012:
"I am telling you, you will likely not get away with this."
So indeed, the past performance (or lack thereof) of every associated office/agency in relation to this story has already made clear what we can expect of the affiliated state authorities as this process plays out. These cases in the Arizona Office of Administrative Hearings are somewhat bound to be mismanaged in the same way, in other words. No problem, for therein: Text book confirmation of my express intent to see that these matters eventually become part and parcel to federal oversight, whether in the courts or through direct federal agency intervention. All things in their time.
paoloreed@gmail.com
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I would really love input of any kind from anybody with any interest whatsoever in the issues that I am sharing in this blog. I mean it, anybody, for I will be the first one to admit that I may be inaccurately depicting certain aspects of the conditions
at ASH, and anonymous comments are fine. In any case, I am more than willing to value anybody's feelings about my writing, and I assure you that I will not intentionally exploit or otherwise abuse your right to express yourself as you deem fit. This topic is far, far too important for anything less. Thank you, whoever you are. Peace and Frogs.