On July 15, 2003, Deliris Betancourt, as Personal Representative of the Estate of Rey A. Pagan (Rey), a deceased minor, filed a petition with the Division of Administrative Hearings (DOAH) to resolve whether Rey suffered an injury compensable under the Florida Birth-Related Neurological Injury Compensation Plan (Plan) and, if so, whether the hospital (Osceola Regional Hospital) at which his birth occurred, complied with the notice provisions of the Plan. DOAH served Respondent, Florida Birth-Related Neurological Injury Compensation Association (NICA), with a copy of the petition on July 17, 2003,1 and on August 12, 2003, NICA filed a Motion for Summary Final Order, pursuant to Section 120.57(1)(h).2 The predicate for NICA's motion was its assertion that, indisputably, the physician named in the petition as having provided obstetrical services at Rey's birth (Heidy Puig, M.D.) was not, at the time, a "participating physician," as defined by law, since she had neither paid the assessment required for participation nor was she exempt from payment of the assessment. Section 766.302(7). Attached to the motion was an affidavit of the Custodian of Records for NICA attesting to such facts. On October 16, 2003, a teleconference was held to address NICA's motion. Notably, at hearing, Petitioners, Osceola Regional Hospital, and Dr. Puig agreed with NICA that, at the time of Rey's birth, Dr. Puig was not a "participating physician" in the Plan since she had neither paid the assessment required for participation nor was she exempt from payment of the assessment. Given the record, it is undisputed the physician who provided obstetrical services at Rey's birth was not, at the time, a "participating physician," as that term is defined by Section 766.302(7). Consequently, NICA's Motion for Summary Final Order is, for reasons appearing more fully in the Conclusions of Law, meritorious.Since it was undisputed that the physician who provided obstetrical services at infant`s birth was not a "participating physician" in the Neurological Injury Compensation Plan, the Association`s Motion for Summary Final Order of Dismissal was granted.