The issue for determination at hearing is whether Respondent committed the offenses set forth in the administrative complaint, and if so, what action should be taken.Respondent excluded and ejected from and by pari-mutuel facility/Respondent therefore excluded from all pari-mutuel facilities in state.
Whether this case presents "not normal circumstances" that lead to award to St. Anthony's Hospital, Inc., of a certificate of need for an Open Heart Surgery program?Not normal circumstances not present in open heart surgery case that would lead to grant of a Certificate of Need.
Whether or not Respondent engaged in proscribed conduct in violation of Sections 482.161(1)(a), (e) and (f), Florida Statutes and Chapter 10D-55, Florida Administrative Code to wit, used a fumigant product and failed to give the required notice to the Petitioner; utilized improper warning and safety signs on a fumigation tent as is more particularly set forth in the administrative complaint filed herein dated October 16, 1991.Whether respondent used a fumigant without giving adequate notice as required.
Whether or not existing Rule 21A-20.012 F.A.C. is an invalid exercise of delegated legislative authority. See, Sections 120.52(8) and 120.56 F.S.Accountants' "holding out" rule declared invalid under numerous subsections of Sec 120.52(8) FS; order declines to discuss constitutionality.
