Change of Bed Category of Tieszen Memorial Home, Inc., Marion, Matter of, No. 14155-

CourtSupreme Court of South Dakota
Writing for the CourtFOSHEIM
Citation343 N.W.2d 97
PartiesIn the Matter of the Application for CHANGE OF BED CATEGORY OF TIESZEN MEMORIAL HOME, INC., MARION, South Dakota. a-JF.
Decision Date18 January 1984
Docket NumberNo. 14155-

Page 97

343 N.W.2d 97
In the Matter of the Application for CHANGE OF BED CATEGORY
OF TIESZEN MEMORIAL HOME, INC., MARION, South Dakota.
No. 14155-a-JF.
Supreme Court of South Dakota.
Argued Nov. 28, 1983.
Decided Jan. 18, 1984.

Mark Smith, Asst. Atty. Gen., Mark V. Meierhenry, Atty. Gen., on brief, Pierre, for appellant South Dakota Dept. of Health.

John H. Zimmer of Zimmer, Richter & Duncan, Parker, for appellee Tieszen Memorial Home, Inc.

FOSHEIM, Chief Justice.

The South Dakota Department of Health (Department) appeals a circuit court determination that Tieszen Memorial Home, Inc. (Home) of Marion, South Dakota was not required to obtain a certificate of need. We affirm.

The Home is licensed to operate with thirty-three supervised and thirty-one intermediate personal care beds. It seeks permanent conversion of five supervised to five intermediate beds. The conversion would not require a capital expenditure.

On January 29, 1982, the Home applied for a certificate of need from the Department pursuant to SDCL ch. 34-7A. The

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application was denied with a finding that no need was shown for additional intermediate care beds in the Marion area. That determination was not appealed. On August 10, 1982, the Home applied for a new license which would permit the change in bed categories. The Department denied the request, stating that a certificate of need must precede a license change. The trial court reversed the Department.

It is the position of the Department that we must give its interpretation of SDCL 34-7A-33(3) great weight. We disagree. Construing a statute is a question of law. Therefore, the decisions of an administrative agency and the circuit court are both fully reviewable. Nash Finch Co. v. South Dakota Department of Revenue, 312 N.W.2d 470 (S.D.1981). We give great weight to agency interpretation of a statute only when the agency charged with its administration is given express statutory authority to interpret a statute necessary for its efficient administration. Accordingly, in Matter of Sales Tax or Use Tax, Etc., 290 N.W.2d 865 (S.D.1980), we gave great weight to the Commissioner of Revenue's construction of SDCL 10-46-1(6) because of the express statutory authorization for the Commissioner's interpretation. The certificate of need statutes do not give the Secretary of Health such authority.

At the time of the Home's request for change of license, SDCL 34-7A-33(3) stated, in pertinent part:

A certificate of need is...

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17 practice notes
  • Permann v. South Dakota Dept. of Labor, Unemployment Ins. Div., No. 15390
    • United States
    • Supreme Court of South Dakota
    • April 21, 1987
    ...law, the decisions of the administrative agency and the circuit court are fully reviewable. Matter of Change of Bed Category of Tieszen, 343 N.W.2d 97 (S.D.1984); Nash Finch Co. v. South Dakota Dept. of Rev., 312 N.W.2d 470 (S.D.1981). When the issue is a question of fact, we ascertain whet......
  • Aliberti v. Solem, No. 16017
    • United States
    • Supreme Court of South Dakota
    • May 26, 1988
    ...law, the decisions of the administrative agency and the circuit court are fully reviewable. Matter of Change of Bed Category of Tieszen, 343 N.W.2d 97 (S.D.1984); Nash Finch Co. v. South Dakota Dept. of Rev., 312 N.W.2d 470 (S.D.1981). When the issue is a question of fact, we ascertain whet......
  • Petition of Famous Brands, Inc., No. 14269
    • United States
    • South Dakota Supreme Court
    • February 16, 1984
    ...The questions concerning the suitability of the applicant were deferred from consideration. 2 Application of Tieszen Memorial Home, 343 N.W.2d 97 (S.D.1984); Application of Leo's Bus Service, Inc., 342 N.W.2d 228 (S.D.1984); Application of Southern Hills Bank of Edgemont, 339 N.W.2d 310 (S.......
  • Allred v. Buttke (In re Buttke), Bankr. No. 10-10263
    • United States
    • United States Bankruptcy Courts. Eighth Circuit. U.S. Bankruptcy Court — District of South Dakota
    • February 17, 2012
    ...and Use Tax Liability of Pam Oil, Inc., 459 N.W.2d 251, 256 (S.D. 1990); and In re Change of Bed Category of Tieszen Memorial Home, Inc., 343 N.W.2d 97, 98 (S.D. 1984). See Kasten v. Saint-Gobain Performance Plastics Corp., 131 S.Ct. 1325, 1335 (2011) (agency views that are reasonable, cons......
  • Request a trial to view additional results
17 cases
  • Permann v. South Dakota Dept. of Labor, Unemployment Ins. Div., No. 15390
    • United States
    • Supreme Court of South Dakota
    • April 21, 1987
    ...law, the decisions of the administrative agency and the circuit court are fully reviewable. Matter of Change of Bed Category of Tieszen, 343 N.W.2d 97 (S.D.1984); Nash Finch Co. v. South Dakota Dept. of Rev., 312 N.W.2d 470 (S.D.1981). When the issue is a question of fact, we ascertain whet......
  • Aliberti v. Solem, No. 16017
    • United States
    • Supreme Court of South Dakota
    • May 26, 1988
    ...law, the decisions of the administrative agency and the circuit court are fully reviewable. Matter of Change of Bed Category of Tieszen, 343 N.W.2d 97 (S.D.1984); Nash Finch Co. v. South Dakota Dept. of Rev., 312 N.W.2d 470 (S.D.1981). When the issue is a question of fact, we ascertain whet......
  • Petition of Famous Brands, Inc., No. 14269
    • United States
    • South Dakota Supreme Court
    • February 16, 1984
    ...The questions concerning the suitability of the applicant were deferred from consideration. 2 Application of Tieszen Memorial Home, 343 N.W.2d 97 (S.D.1984); Application of Leo's Bus Service, Inc., 342 N.W.2d 228 (S.D.1984); Application of Southern Hills Bank of Edgemont, 339 N.W.2d 310 (S.......
  • Allred v. Buttke (In re Buttke), Bankr. No. 10-10263
    • United States
    • United States Bankruptcy Courts. Eighth Circuit. U.S. Bankruptcy Court — District of South Dakota
    • February 17, 2012
    ...and Use Tax Liability of Pam Oil, Inc., 459 N.W.2d 251, 256 (S.D. 1990); and In re Change of Bed Category of Tieszen Memorial Home, Inc., 343 N.W.2d 97, 98 (S.D. 1984). See Kasten v. Saint-Gobain Performance Plastics Corp., 131 S.Ct. 1325, 1335 (2011) (agency views that are reasonable, cons......
  • Request a trial to view additional results

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