STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CENTRO ASTURIANO HOSPITAL, )

)

Petitioner, )

)

vs. ) CASE NO. 89-2410

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

The final hearing in this case was held on June 30, 1989, in Tallahassee, Florida, before Donald D. Conn, Hearing Officer, Division of Administrative Hearings.

APPEARANCES

For Petitioner: No Appearance

For Respondent: Deanna Eftoda, Legal Representative

Ft. Knox Executive Center 2727 Mahan Drive, Suite 103

Tallahassee, Florida 32308 STATEMENT OF THE ISSUE

The issue in this case is whether the Department of Health and Rehabilitative Services (Respondent) should approve an application for a Certificate of Need filed by Centro Asturiano Hospital (Petitioner) to convert fifteen general acute care beds to community nursing home beds in Hillsborough County, Florida.

PRELIMINARY STATEMENT

The Petitioner did not make an appearance at final hearing. The Respondent had filed Motions for Official Recognition and for Non-Attorney Representation prior to the commencement of the hearing, and Respondent's Motions were granted. In addition, the State Agency Action report concerning this application was admitted into evidence on behalf of the Respondent. No transcript was filed, and the parties did not file post-hearing proposed recommended orders.

FINDINGS OF FACT

1. On March 10, 1989, the Respondent issued its State Agency Action- Report denying the application of the Petitioner far a Certificate of Need (CON 5789) which proposed to change the use of fifteen general acute care hospital beds to fifteen community nursing home beds in Tampa, Hillsborough County, Florida.

2. Petitioner timely sought review of the Respondent's decision by requesting an administrative hearing. This case was initially set for hearing to commence on June 13, 1989, but at the request of the Petitioner, the final hearing was continued and rescheduled for June 30, 1989.

   
   

3. The Petitioner did not appear and was not represented at hearing. Therefore, no evidence in support of the application was received. Subsequent to hearing, there has been no filing in this matter on behalf of the Petitioner.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

5. As the applicant for a Certificate of Need, the Petitioner has the burden of proving its entitlement to this requested CON by an affirmative showing that it has met the review criteria set forth in Section 381.705, Florida Statutes. Florida Department of Transportation v. J. W. C., Co., 396 So.2d 778 (Fla. 1st DCA 1981); Irvine v. Duval County Planning Commission, et al., 466 So.2d 357, 360 (Fla. 1st DCA 1985). Since the Petitioner did not appear at hearing, no evidence was received which would support its CON application. Therefore, the Petitioner has not met its burden of proof in this proceeding.

RECOMMENDATION

Based upon the foregoing, it is recommended that the Respondent enter a Final Order denying Petitioner's application for CON 5789.

DONE AND ENTERED this 12th day of July, 1989 in Tallahassee, Florida.

DONALD D. CONN

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

Filed with the Clerk of the Division of Administrative Hearings this 12th day of July, 1989.

COPIES FURNISHED:

Deanna Eftoda

Legal Representative

Ft. Knox Executive Center 2727 Mahan Drive, Suite 103

Tallahassee, Florida 32308

Lanny Erickson, Administrator Centro Asturiano Hospital 1302 East 21st Avenue

Tampa, Florida 33605

R. S. Power, Agency Clerk 1323 Winewood Boulevard

Tallahassee, Florida 32399-0700

Greg Coler, Secretary 1323 Winewood Boulevard

Tallahassee, Florida 32399-0700

John Miller, General Counsel 1323 Winewood Boulevard

Tallahassee, Florida 32399-0700

Docket for Case No: 89-002410

Orders for Case No: 89-002410