W457 PIER STATE OF FLORIDA lov tc - AGENCY FOR HEALTH CARE ADMINISTRATION ~ oS DEPARTMENT STATE OF FLORIDA, AGENCY FOR AY HEALTH CARE ADMINISTRATION, \ . Petitioner, caseno. 95-4483 JDP-ClWoS RENDITION NO.: AHCA-95- 1666 -FOF-OLC vs. Oo . aa “ “ W. T. HOLDING, INC. d/b/a v4 GO ARIES RETIREMENT LIVING, BA oc BE. PO. ORS. 2 Respondent. VK, “ : ft ty mk She FINAL ORDER In a previous Final Order the agency imposed fines for violat ons of ACLF rules. In a subsequent Motion For Relief from the Final Order, the Respondent maintained that it did not receive the Final Order and requested that the agency re-enter the Final Order so it could file a timely Notice of Appeal.1 The motion was referred to the Division of Administrative Hearings for further proceedings. The hearing officer entered an order recommending that the Motion For Relief be dismissed. In its exceptions, the Respondent challenges the legal foundation for the hearing officer’s recommendation of dismissal. The hearing officer noted that the Respondent has not attempted to invoke appellate jurisdiction? and further noted that the Administrative Procedure Act does not authorize an agency to re-eriter a Final Order as requested by the Respondent. Although excepting to the Reccmmended Order of 1 similar allegations of lack of notice and failure to receive mail were found not to be credible in paragraph 24 of the Recommended Order of April 5, 1995, which was adopted in the Final Order challenged in the current proceeding. In that same Recommended Order in paragraph 36 the hearing officer found that the Respondent’s failure to cooperate with the agency constituted “. . . gross indifference to the agency's authority to verify and enforce the standards set by law.” 2 Section 120.68(6), Florida Statutes, gives the reviewing court the authority tc remand for fact finding proceedings where the validity of an agency action depends upon disputed facts. Dismissal, the Respondent does not state the relief it seeks. The exceptions are denied. The Recommended Order of Dismissal of October 23, 1995, by the Honorable Joyous D. Parrish is adopted and incorporated by reference. DONE and ORDERED this) lay of , , 1995, in Tallahassee, Florida. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION y Douglas M. Cook, Director A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY ALONG WITH FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Linda Parkinson, Esquire Senior Attorney, Agency for Health Care Administration 400 West Robinson Street, Suite S-309 Orlando, FL 32801-1976 Esther A. Zaretsky, Esquire 1655 Palm Beach Lakes Boulevard Forum Ill, Suite 900 West Palm Beach, FL 33401 Joyous D. Parrish, Hearing Officer The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 -2- CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the feregoing has been furnished to the above named addresses by U. S. Mail this _/ 7 day of , 1995. tt -<——___- R. S. Power, Agency Clerk State of Florida, Agency for Health Care Administration 2727 Mahan Drive Fort Knox Building 3, Suite 3431 Tallahassee, FL 32308-5403 (904)922-3808 power/1 1/6/95 -3-

Docket for Case No: 95-004483

Orders for Case No: 95-004483