Giant Food Stores, LLC v. Department of Health

Giant Food Stores, LLC, (Giant) petitions for review from the April 3, 2001 order of a Hearing Examiner for the Department of Health (Department) that affirmed the March 16, 2000 decision of the Departments Division of Special Food Programs to deny its application to participate in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). Giant raises two issues: whether the Departments decision is unsupported by substantial evidence because it relied on distinctions that are arbitrary and capricious and whether the Departments regulations effectively overturned our decision in Giant Food Stores, Inc. v. Department of Health, 554 A.2d 174 (Pa. Cmwlth. 1989) (Giant I). We affirm.