STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BERNICE PARR, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1104

) STATE OF FLORIDA, DEPARTMENT ) OF HEALTH AND REHABILITATIVE ) SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings, at Room 205, Building "B", 6501 Arlington Expressway, Jacksonville, Florida, commencing at 10:15 A.M., August 24, 1978.

APPEARANCES

For Respondent: Mrs. Bernice Parr

9029 Galveston Avenue

Jacksonville, Florida 32211

For Petitioner: Robert Eisenberg, Esquire

Legal Counsel, District IV Department of Health and

Rehabilitative Services Post Office Box 2417-F Jacksonville, Florida 32231

ISSUE

Whether or not the Petitioner, Bernice Parr, is entitled to be licensed by the Respondent, Department of Health and Rehabilitative Services, to provide foster care for adults.

FINDINGS OF FACT

1. The Petitioner is a resident of Duval County, Florida. The Respondent is a governmental agency of the State of Florida. This cause comes on for consideration based upon the Petitioner's request for a license to provide foster care for adults and denial of that request by the Respondent.

   
   

2. At the time prescribed for the hearing, evidence, to include in-hearing testimony, was entertained by the undersigned. When the parties had concluded their presentations, they were advised of the procedures which would be followed subsequent to the hearing. When this explanation was made, the Petitioner

   indicated to the undersigned that she had changed her mind about her request for licensure, stating that she did not wish to be licensed as requested, nor to be involved with Respondent on the question of providing foster care for adults in the premises adjacent to her residence.

   
   

3. This statement by the Petitioner made at the close of the hearing was treated as a motion by the Petitioner for voluntary dismissal and was unopposed by the Respondent's attorney. Therefore, it will be recommended that the action be dismissed pursuant to the voluntary motion. (This action taken by the undersigned was explained to the Petitioner before this outcome.)

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction in this cause.

   
   

5. Based on the facts as stated, a request for voluntary dismissal has been made and it is concluded as a matter of law that the Petitioner's request should be denied and no further consideration be given to the request for providing foster care for adults at this time.

RECOMMENDATION

In consideration of the foregoing, it is RECOMMENDED:

That the petition for licensure to provide foster care for adults be DENIED.

DONE and ENTERED this 30th day of August, 1978, in Tallahassee, Florida.

CHARLES C. ADAMS

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

COPIES FURNISHED:

Mrs. Bernice Parr Robert M. Eisenberg, Esquire 9029 Galveston Avenue Legal Counsel, HRS District IV Jacksonville, Florida 32211 Post Office Box 2417-F

Jacksonville, Florida 32231

Docket for Case No: 78-001104

Orders for Case No: 78-001104