STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

SUPER STAR HOME CARE,

FILED

AHCA

AGENCY CLERK

20!0 JUN 23 A 1: 5 t ,

Petitioner, DOAH CASE NO. 10-0113 AHCA CASE NO. 2009010565

V.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

                                                                      I

FINAL ORDER

This case was referred to the Division of Administrative Hearings (DOAH) where the assigned Administrative Law Judge (ALJ), John D.C. Newton, II, issued a Recommended Order of Dismissal after the Petitioner had failed to respond to the Respondent's discovery requests and failed to appear at the final hearing. The Recommended Order of Dismissal dated June 1, 2010 is attached to this final order and incorporated herein by reference.

RULINGS ON EXCEPTIONS

The parties did not file any exceptions to the Recommended Order of Dismissal.

FINDINGS OF FACT

The Agency hereby adopts the findings of fact set forth in the Recommended Order of Dismissal.

CONCLUSIONS OF LAW

The Agency adopts the conclusions of law set forth in the Recommended Order of Dismissal.

Filed June 23, 2010 2:48 PM Division of Administrative Hearings.

ORDER

Based upon the foregoing, the Petitioner's request for hearing is hereby dismissed with prejudice and the Agency's September 18, 2009 Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review is hereby upheld. The parties shall govern themselves accordingly.

DONE and ORDERED this Z..,"Z.--day of           , 2010, in Tallahassee, Florida.

TrviAS W. ARNOLD, SECRETARY

AGENCY FOR HEALTH CARE ADMINISTRATION

NOTICE OF RIGHT TO JUDICIAL REVIEW

AP ARTY 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 THE 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.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been hed by U.S,ei, or by the method indicated, to the persons named below on this

/45 day of ::i) , 201                                                                                                                                                                     

RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS #3

Tallahassee, Florida 32308-5403

(850) 412-3630

COPIES FURNISHED TO:

Honorable John D.C. Newton, II Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

Mayra Ruiz

Super Star Home Care

1490 West 49th Place, Suite 445

Hialeah, Florida 33012

Carlton D. Enfinger, II, Esquire Assistant General Counsel

Agency for Health Care Administration 2727 Mahan Drive, MS #3

Tallahassee, Florida 32308

Elizabeth Dudek

Health Quality Assurance

Jan Mills

Facilities Intake Unit

Docket for Case No: 10-000013

Orders for Case No: 10-000013