Ramzi, Inc., et al. v. Department of Public Health (Lawyers Weekly No. 11-053-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 12‑P‑1450 Appeals Court RAMZI, INC.,[1] & others[2] vs. DEPARTMENT OF PUBLIC HEALTH. No. 12‑P‑1450. Worcester. December 6, 2013. ‑ May 28, 2014. Present: Fecteau, Sullivan, & Maldonado, JJ. Department of Public Health. Public Welfare, Food stamp benefits. Regulation. Notice. Commonwealth, Contracts. Contract, With Commonwealth. Administrative Law, Agency’s interpretation of regulation. Civil action commenced in the Superior Court Department on October 20, 2010. The case was heard by Richard T. Tucker, J., on a motion for judgment on the pleadings. John M. Goggins for the plaintiffs. Iraida J. Alvarez, Assistant Attorney General, for the defendant. SULLIVAN, J. Ramzi, Inc., doing business as North End Market, Nahed Benyamin, and Emad Benyamin (collectively, Ramzi) appeal from a judgment of the Superior Court affirming, in pertinent part, a decision of the Division of Administrative Law Appeals (DALA) upholding a determination of the Department of Public Health (department) to disqualify Ramzi as a WIC vendor for three years and to terminate Ramzi’s WIC vendor status. On appeal, Ramzi contends that the judge erred as a matter of law in affirming the DALA decision. We conclude that an amendment to the governing statute, and ensuing regulatory changes, require a remand to DALA for further consideration of so much of its decision disqualifying Ramzi for a three-year period. Accordingly, we affirm in part and reverse in part. Background. The undisputed facts are set forth in the administrative record and are summarized as follows. 1. The regulatory scheme. WIC is a federally funded supplemental food program for income-eligible women, infants, and children. The program, which is administered by the States, provides WIC checks redeemable in grocery stores, pharmacies, and farmers’ markets for approved foods. See 42 U.S.C. § 1786 (2012); 7 C.F.R. § 246.1 (2009). In the Commonwealth, WIC is administered by the department, subject to regulations promulgated by the United States Department of Agriculture (Department of Agriculture). See 42 U.S.C. § 1786(b)(12) & (f); 7 C.F.R. §§ 246.1 & 246.3(b). 2. Vendor agreements and compliance monitoring. The department’s vendor agreement incorporates pertinent regulatory requirements applicable to WIC vendors. The department and Ramzi entered into a vendor agreement, which outlines the responsibilities of a WIC vendor and potential violations and penalties for those violations, as set forth in the Federal regulations. 7 C.F.R. § 246.12(h)(1)(i) & (h)(3)(i)-(xxv). Upon entering into the vendor […]
Theophilopoulos, et al. v. Board of Health of Salem, et al. (Lawyers Weekly No. 11-028-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 13‑P‑100 Appeals Court ARTHUR THEOPHILOPOULOS & others[1] vs. BOARD OF HEALTH OF SALEM & another.[2] No. 13‑P‑100. Essex. October 4, 2013. ‑ March 18, 2014. Present: Cypher, Katzmann, & Maldonado, JJ. Department of Environmental Protection. Solid Waste Management. Municipal Corporations, Board of health. Department of Environmental Quality Engineering. Administrative Law, Regulations, Agency’s interpretation of regulation, Judicial review. Statute, Construction. Civil action commenced in the Superior Court Department on March 18, 2010. The case was heard by Howard J. Whitehead, J., on a motion for judgment on the pleadings, and a motion for reconsideration was also heard by him. Thomas A. Mackie for the intervener. Leonard F. Femino for the defendant. Seth Schofield, Assistant Attorney General, for the Commonwealth. Carl D. Goodman for the plaintiffs. CYPHER, J. The question presented for review is whether the Salem board of health (board) properly classified the joint application of the city of Salem (city) and Northside Carting, Inc. (NCI), as one for a minor modification of a site assignment. On appeal to the Superior Court pursuant to G. L. c. 30A, § 14(7), a judge concluded that it had not, and nullified the decision of the board approving the application.[3] We reverse. History of the site. In June, 1960, the board assigned city-owned land in Salem for use as a refuse incineration plant (site).[4] As was common for the time, the board did not place any capacity or volume limitations in the site assignment. Once the incinerator was built, the city disposed of the ash on site in a landfill. By 1968, incineration and landfilling operations had ceased. No governmental entity at any time thereafter sought to rescind, suspend, or modify the site assignment through the imposition of conditions. On September 9, 1975, the Department of Environmental Quality Engineering (DEQE), the predecessor agency of the Massachusetts Department of Environmental Protection (department), approved the city’s plan to construct a solid waste transfer station at the site.[5] DEQE’S plan approval was subject to five conditions, including a weight-receipt limit of 100 tons of refuse per day.[6] On June 3, 1994, the department approved the city’s application, pursuant to 310 Code Mass. Regs. § 19.023(3) (1992), for a permit by rule, finding that the existing transfer station met the department’s design and operations standards.[7] See 310 Code […]
South End’s MALE Center Merging Corporate Structure with Fenway Health
Two local health resources in Boston for preventing the spread of HIV/AIDS and for those who are living with HIV/AIDS are merging into one corporate structure, the organizations announced last week. The Boards of Directors at Fenway Health and AID South End Patch News
City Opens Emotional and Mental Health Drop-In Support Center
The Boston Public Health Commission has opened a new drop-in center to provide emotional support to anyone affected by the bombings at the Boston Marathon. People have experienced a wide range of emotions following the bombing and the BPHC is offering sessions with trained clinicians to speak with anyone who needs to talk. This free service is available at the Boston Area Health Education Center at 729 Massachusetts Avenue from 2 to 6 p.m. through Friday this week. Free parking is available at the adjacent garage at 35 Northampton Street. The center will offer one-on-one time with trained clinicians as well as facilitation of group conversations. The city encourages groups from particular workplace or community members affected by the attack. The Mayor’s Health Line will continue to provide free trauma counseling and support over the phone. They can be reached at 617-534-5050, Monday through Friday, 9 a.m. to 5 p.m.. South End Patch
Things to Know in the South End Today, March 27: Community Meeting on South End Health
1. Weather: The National Weather Service is predicting a mostly sunny day with a high near 51 degrees. 2. South End Health: The South End Healthy Boston Coalition (SEHB) and the Boston Public Health Commission are hosting a community health forum from 6:30-8 p.m. Blackstone Community Center, (50 W Brookline St.) They’ll be sharing Health of Boston, South End Quality of Life results, hearing from District 4 Police Officers about community initiatives, and conducting an interactive forces of change session. See here for more information. 3. Two Upcoming Easter Egg Hunts: There is not one, but two upcoming Easter Egg hunts this weekend, one at the South End Library and one at Titus Sparrow Park. The Ringgold Park hunt was cancelled for this year. 4. Street Sweeping On for This Week: The city has not yet cancelled street sweeping for this week, so it is on! Make sure you move your cars during your street’s designated street sweeping time. 5. Running the Marathon? Share Your Story: If you’re planning to run 26.2 straight miles, chances are you’ve got a good reason to do it. Share your own story by uploading your photo and more about yourself and your charity. Things you can do every day on South End Patch: Share your news with the rest of the community. Click here to add an announcement. Add your events to our events calendar. Click here to sign up for breaking news updates. Want up-to-the-minute news? Click here to follow us on Facebook or Twitter. Share your thoughts on your community in a blog. Click here to get started. South End Patch
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