STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GLORIA DEAN ISAAC, )

)

Petitioner, )

)

vs. )

) Case No. 98-3632

AGENCY FOR HEALTH CARE )

ADMINISTRATION, )

)

Respondent. )

)

RECOMMENDED ORDER OF DISMISSAL

A hearing was held in this case in St. Petersburg, Florida, on February 5, 1999, before Arnold H. Pollock, an Administrative Law Judge with the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Was not present and was not

represented.

For Respondent: Thomas W. Caufman, Esquire

Agency for Health Care Administration

6800 North Dale Mabry Highway Suite 220

Tampa, Florida 33614 STATEMENT OF THE ISSUE

The issue for consideration in this case is whether Petitioner should be granted an exemption from disqualification from working with residents or patients of nursing homes, home health agencies, homemaker-companion-sitter services, or nursing registries, because of the matters set out in the Agency’s letter of denial dated June 29, 1998.

PRELIMINARY MATTERS

By letter dated June 29, 1998, Ann Menard, Manager of the Agency for Health Care Administration’s Home Care Unit, advised Petitioner that her request for exemption from disqualification from working with those services regulated by the Unit had been denied because of Petitioner’s arrest record. Thereafter, Petitioner requested a formal hearing on the denial, and a hearing was scheduled for November 5, 1998, in St. Petersburg, Florida.

All parties to the hearing, except the Petitioner, were present at the time, date, and location set for the hearing, of which Petitioner had been advised in writing. The Administrative Law Judge waited for 30 minutes past the scheduled hearing time but Petitioner did not appear. On November 9, 1998, the undersigned entered an order directing Petitioner to show cause why a Recommended Order of Dismissal should not be entered in this matter based on Petitioner’s failure to appear for the hearing she had requested. In response, on November 11, 1998, Petitioner submitted a letter to the undersigned in which she indicated she had been unable to find the location of the hearing. Based on this explanation, and affording Petitioner the benefit of the doubt, the undersigned rescheduled the hearing for February 5, 1999. An order notifying Petitioner of the time, date and location of this second hearing was sent to her on

December 31, 1998, by U.S. Mail and was not returned undelivered.

All parties except the Petitioner were again present at the time, date, and location set for this hearing. When, 30 minutes after the time scheduled for the commencement of the hearing, neither Petitioner nor anyone on her behalf had appeared, the undersigned requested counsel for Respondent to attempt to discover Petitioner’s location. Several minutes later, counsel returned to the hearing room and advised the undersigned that Petitioner was on the phone and desired to speak with him.

The undersigned spoke by telephone with Petitioner in the presence of counsel for Respondent. Petitioner’s excuse for not appearing or notifying the undersigned in advance of her inability to appear were not persuasive, and the undersigned advised Petitioner that a Recommended Order of Dismissal would be entered.

Based on Petitioner’s repeated failure to appear for hearing at the time, date, and place set therefor, after her request for hearing was granted, and her failure timely to request a postponement or rescheduling, it is recommended that the Agency for Health Care Administration enter a Final Order dismissing Petitioner’s request for formal hearing and denying her request for exemption from disqualification.

DONE AND ENTERED this 11th day of February, 1999, in Tallahassee, Leon County, Florida.

ARNOLD H. POLLOCK

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6947 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 11th day of February, 1999.

COPIES FURNISHED:

Thomas W. Caufman, Esquire Agency for Health Care

Administration

6800 North Dale Mabry Highway Suite 220

Tampa, Florida 33614

Gloria Dean Isaac 15231 Verona Avenue Apartment B

Clearwater, Florida 33760

Sam Power, Agency Clerk

Agency for Health Care Administration Fort Knox Building 3, Suite 3431

2727 Mahan Drive

Tallahassee, Florida 32308

Paul J. Martin, General Counsel Agency for Health Care

Administration

Fort Knox Building 3, Suite 3431

2727 Mahan Drive

Tallahassee, Florida 32308

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 98-003632

Orders for Case No: 98-003632