North Atlanta Scan Assocs. Inc. v. Department of Community Health

The superior court did not err in affirming an administrative order requiring the plaintiff to cease operation of its diagnostic imaging center until it obtains a certificate of need.

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North Atlanta Scan Associates, Inc. “NASA” filed a petition for judicial review of an administrative decision issued by the Georgia Department of Community Health. In that administrative decision, the Department determined that NASA’s operation of its diagnostic imaging center without a certificate of need violated the State Health Planning Act and ordered that NASA cease operations until it obtained a certificate of need. The Superior Court of Fulton County affirmed the Department’s decision, and we granted NASA’s ensuing application for discretionary appeal. On appeal, NASA contends the Department lacked the authority to reverse an earlier administrative ruling in which the Department determined that the diagnostic imaging center did not require a certificate of need and that the trial court accordingly erred in affirming the Department’s decision. NASA further contends that the trial court erred in failing to require the Department to comply with notice requirements for revocation of a license and in allowing Georgia Alliance of Community Hospitals, Inc. and Diagnostic Imaging of Atlanta, LLC to intervene. For the following reasons, we affirm. The Georgia Administrative Procedure Act, OCGA § 50-13-1 et seq., provides for the judicial review of final agency decisions and authorizes the superior court to reverse or modify the agency decision only if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: 1 In violation of constitutional or statutory provisions;

2 In excess of the statutory authority of the agency;

North Atlanta Scan Assocs. Inc. v. Department of Community Health

The superior court did not err in affirming an administrative order requiring the plaintiff to cease operation of its diagnostic imaging center until it obtains a certificate of need.

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