Division of Administrative Hearings, Florida
Filed: May 10, 1991
Whether the Certificate of Need ("CON") application, filed by Mederi of Alachua County, Inc. ("Mederi") erroneously with the Local Health Council for District IV, and received one day late by the correct Local Health Council for District III, was timely filed pursuant to Rule 10 Administrative Code. Whether the Respondent, Department of Health and Rehabilitative Services ("HRS") is estopped from rejecting the Mederi CON application as untimely due to representations made by the Executive Director of the Local Health Council for District III. Whether HRS' policy of waiving objections to untimely filings of CON applications resulting from misrepresentations of fact made by HRS employees is applicable or inapplicable to untimely filings resulting from misrepresentations of policy made by employees of a local health council.Certificate of need application not sent to correct local health council; estoppel; agency misrepresentations.
