Leon FL Lawyers | Kenneth Alan Hoffman -- eLawyers

04-002250RX OCEAN PROPERTIES, LTD. vs PUBLIC SERVICE COMMISSION (2004)

Division of Administrative Hearings, Florida Filed: Jun. 25, 2004

The issue is whether Florida Administrative Code Rule 25-6.109(4)(a), constitutes an invalid exercise of delegated legislative authority as defined in Sections 120.52(8)(b) and 120.52(8)(c), Florida Statutes.The rule challenge is dismissed because it sought to attack the rule`s application instead of the rule`s facial invalidity.

01-002526RP BOCA RATON COMMUNITY HOSPITAL, INC., AND ST. MAR vs AGENCY FOR HEALTH CARE ADMINISTRATION (2001)

Division of Administrative Hearings, Florida Filed: Jun. 29, 2001

Whether proposed rule amendments to Rule 59C- 1.033(7)(c) and (7)(d), Florida Administrative Code, published in the Notice of Change on June 15, 2001, constitute an invalid exercise of delegated legislative authority. Whether the proposed rule is invalid due to the absence of a provision specifying when the amendments will apply to the review of certificate of need applications to establish open heart surgery programs.

01-002665RP BETHESDA HEALTHCARE SYSTEM, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (2001)

Division of Administrative Hearings, Florida Filed: Jul. 05, 2001

Whether proposed rule amendments to Rule 59C- 1.033(7)(c) and (7)(d), Florida Administrative Code, published in the Notice of Change on June 15, 2001, constitute an invalid exercise of delegated legislative authority. Whether the proposed rule is invalid due to the absence of a provision specifying when the amendments will apply to the review of certificate of need applications to establish open heart surgery programs.Open heart surgery proposed rule, with notice of change of county need methodology into county preference and access provisions, is not an invalid exercise of delegated legislative authority.

94-000906RX UNIVERSITY HOSPITAL, LTD., D/B/A UNIVERSITY HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION (1994)

Division of Administrative Hearings, Florida Filed: Feb. 21, 1994

The issue for resolution in this case is whether rule 59C-1.004(2)(i), constitutes an invalid exercise of delegated legislative authority as asserted by petitioners.Existing rule on expedited Certificate Of Need review of license consolidations is invalid. No statutory authority and indirect conflict with the law it implements.

90-007295 SAVE TRAIL RIDGE AND THE ENVIRONMENT, INC. vs TRAIL RIDGE LANDFILL, INC., AND DEPARTMENT OF ENVIRONMENTAL REGULATION (1990)

Division of Administrative Hearings, Florida Filed: Nov. 19, 1990

The issues to be resolved in this proceeding concern whether the Applicant/Respondent, Trail Ridge Landfill, Inc., has provided reasonable assurances that its project, involving a proposed Solid Waste Class I and Class III landfill, access road, borrow areas, storm water and retention ponds, and other parts of its surface water management system, will comply with the various statutory and regulatory requirements cited herein and therefore whether a Management and Storage of Surface Waters (MSSW) permit, a dredge and fill permit and a permit for the solid waste disposal facility should be issued.Complex case with comprehensive plan concerning dedge and fill, solid waste management, storm water and storage of surface water permits; granted conditioned on economics

90-002034 FLAGLER HOSPITAL, INC. vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1990)

Division of Administrative Hearings, Florida Filed: Apr. 02, 1990

Whether either Petitioner is entitled to a certificate of need (CON) for inpatient cardiac catheterization services in HRS Service District IV.Need for only one inpatient cardiac catheter provider; all elements of rule balance; true identity of Certificate Of Need applicant and full timely financial disclosure.

90-002383RP VENICE HOSPITAL, INC. vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1990)

Division of Administrative Hearings, Florida Filed: Apr. 20, 1990

The ultimate issue is whether proposed Rules 10-5.002, 10-5.0025, 10-5.003, 10-5.004, 10-5.005, 10-5.008, 10-5.0085, 10-5.010, 10-5.0105, 10-5.020, and 10- 5.024, published in Volume 16, Number 13, Florida Administrative Weekly, are invalid exercises of delegated legislative authority.Various proposed rule amendments to HRS chapter 10-5 (regarding Certificate Of Need reviews are invalid.) Economic Impact Statement not defective.

90-001036RP FLORIDA LEAGUE OF HOSPITALS, INC. vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1990)

Division of Administrative Hearings, Florida Filed: Feb. 09, 1990

The issue in these consolidated cases is whether proposed amendments to Rule 10-5.011(1)(o), and (p) F.A.C. relating to certificates of need for hospital inpatient general psychiatric services, are invalid exercises of delegated legislative authority, as defined in Section 120.52(8), F.S.Proposed amendment to substance abuse Certificate Of Need rules abolish short/long term distinction and create separate adult/child registration-valid with a few exceptions

Kenneth Alan Hoffman