Whether or not the Respondent, State of Florida, Department of Health and Rehabilitative Services, which purportedly was acting in accordance with the directives of John E. Pipes, Director, Office of Long Term Care Standards Enforcement, Region IV, Department of Health, Education and Welfare; may forever foreclose the right of the Petitioner to request a variance from the requirements of Section 405.1134(e), Code of Federal Regulations (CFR), once the patients in the seven-patient room of its skilled nursing facility, which exceed the four-patient limit in numbers, have been removed from that room. A collateral question to this issue is the ability of the State of Florida, Department of Health and Rehabilitative Services, to make its own judgment on the subject of the propriety of the variance as set forth in the above referenced Section 405.1134(e), Code of Federal Regulations (CFR), without the necessity to gain the approval from officials of the United States, Department of Health, Education and Welfare. If the Petitioner may request variances after normal attrition of the three patients who would constitute numbers over the limit allowed by Section 405.1134(e), Code of Federal Regulations (CFR), has the Petitioner demonstrated a right to such a variance under the terms and conditions of the aforementioned section, on the subject of those patients who were currently in the seven-bed ward at the time of the hearing before the undersigned?Variance in number of skilled nursing beds in a ward cannot be granted without adequate facilities, but cannot be denied arbitrarily either.