Whether Respondent committed the offenses alleged in the Administrative Complaint and, if so, the penalties that should be imposed, against his license to practice medicine in the State of Florida.Retired physician disciplined for self-prescribing medication while in North Carolina on vacation.

Whether respondent discriminated against petitioner by failing to hire her because of her race?Prima facie case proven despite absence of formal job application but proof did not show discriminatory intent motivated nonhire.

Pursuant to notice, this cause came on for hearing before P. Michael Ruff, duly designated Hearing Officer in Tallahassee, Florida on June 21, 1988. APPEARANCES For Petitioner: Cecil Howard, Esquire Assistant General Counsel Florida League of Cities Post Office Box 1757 Tallahassee, Florida 32302Changes to proposed rule should have been published in Florida Admininstrative Weekly. Changes violated stipulation without notice.

These proceedings arose following a request for proposals (RFP) issued by the Respondent, Department of Administration (Department), hereby the Department sought to contract for health maintenance organization (HMO) services for employees of the State of Florida. Based on the responses to its RFP, the Department proposed to award a contract to Health Options, Inc., d/b/a Health Options of South Florida (Health Options) and Heritage Health Plan of South Florida, Inc., (Heritage) for HMO services for state employees residing in south Florida (Dade, Broward, and Palm Beach Counties). Petitioners, Humana Health Care Plan (Humana) and Gulfstream Health Plan (Gulfstream), protested the proposed award. The parties presented 32 joint exhibits, which were marked as Hearing Officer's exhibits 1-21, 23-29, and 34-37, and received into evidence. Humana presented the testimony of Lloyd Rhodes; Wesley Burbank, accepted as an expert in actuarial underwriting science and the development, operation and administration of employee medical plans with special emphasis on health maintenance organizations; and, Robert Dobson, accepted as an expert in actuarial underwriting science and the development, operation and administration of employee medical plans with special emphasis on health maintenance organizations. Humana's exhibits 1, 2, and 4-7 were received into evidence.Agency's failure to comply with law requiring that it state the relative importance of the criteria in its Request For Proposal departed from the essentials of law.