STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IRA SOCHET, d/b/a )

ROCKY CREEK VILLAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 90-0543

) DEPARTMENT OF HEALTH AND ) REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was convened in this case in Tampa, Florida on May 22, 1990, before Arnold H. Pollock, a Hearing Officer with the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Was not present and was not

represented by counsel.

For Respondent: Edward A. Haman, Esquire

DHRS, Office of Licensure and Certification

7827 North Dale Mabry Highway Tampa, Florida 33614

STATEMENT OF THE ISSUES

The issue for consideration was to be whether Petitioner was properly denied a license to operate an Adult Congregate Living Facility, (ACLF), with Limited Nursing Service.

PRELIMINARY STATEMENT

By letter dated October 4, 1989, Connie D. Cheren, Director of the Department of Health and Rehabilitative Services', (Department), Office of Licensure and Certification, advised Petitioner's representative, William Lupo, Administrator of Rocky Creek Village, that the facility's application for a license to operate as an ACLF with Limited Nursing Service, (LNS), was denied for the reasons stated therein. In a response letter dated October 25, 1989, Mr. Lupo, on behalf of Petitioner, requested a formal hearing, and on January 26, 1990, the file was forwarded to the Division of Administrative Hearings for appointment of a Hearing Officer.

After response by Respondent to the Division's Initial Order, Hearing Officer J. Lawrence Johnston, by Notice of Hearing dated March 5, 1990 set the case for hearing on April 17, 1990 in Tampa. Mr. Johnston thereafter, in

response to the Department's Request For Continuance on March 23, 1990, reset the case for hearing on May 22, 1990, at which time it was convened by the undersigned to whom it had been reassigned in the interim.

At the date, time and place scheduled for the hearing, the Department's representative and witnesses, the undersigned, and the court reporter were present and ready to proceed. Notwithstanding the undersigned allowed Petitioner or his representative an additional half hour, no one appeared for Petitioner, and when the undersigned placed a call to Petitioner's office, he was advised that Petitioner had communicated to "someone in Tallahassee" the fact that he no longer desired a hearing. No such communication was received by either the undersigned or counsel for the Department.

FINDINGS OF FACT

Petitioner presented no evidence, nor did the Department.

CONCLUSIONS OF LAW

1. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter in this case. Section 120.57(1), Florida Statutes.

   
   

2. Petitioner had the burden to establish, by a preponderance of the evidence, his entitlement to the license requested He presented no evidence in support of his position and thereby failed to satisfy his burden.

RECOMMENDATION

Based on the foregoing, it is, therefore:

RECOMMENDED that a Final Order be entered denying Petitioner's application for licensure as an ACLF with LNS.

RECOMMENDED this 18th day of June, 1990, in Tallahassee, Florida.

ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 18th day of June, 1990.

COPIES FURNISHED:

Edward A. Haman, Esquire DHRS, Office of Licensure and

Certification

7827 North Dale Mabry Highway Tampa, Florida 33614

William Lupo Administrator

Rocky Creek Village 8606 Boulder Court

Tampa, Florida 33615

John Miller General Counsel DHRS

1323 Winewood Blvd.

Tallahassee, Florida 32399-0700

Sam Power Agency Clerk DHRS

1323 Winewood Blvd.

Tallahassee, Florida 32399-0700

Docket for Case No: 90-000543

Orders for Case No: 90-000543