Good Samaritan Hospital, Inc. v. Department of Health & Rehabilitative Services

District Court of Appeal of Florida

Good Samaritan Hospital, Inc. v. Department of Health & Rehabilitative Services

485 So. 2d 871, 11 Fla. L. Weekly 741, 1986 Fla. App. LEXIS 7003

CourtDistrict Court of Appeal of Florida

DecidedMarch 26, 1986

DocketNo. 85-1577

StatusPublished

Cited by1 cases

This text of 485 So. 2d 871 (Good Samaritan Hospital, Inc. v. Department of Health & Rehabilitative Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Good Samaritan Hospital, Inc. v. Department of Health & Rehabilitative Services, 485 So. 2d 871, 11 Fla. L. Weekly 741, 1986 Fla. App. LEXIS 7003 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

We affirm and, in doing so, acknowledge that we have approved the appellee administrative agency’s interpretation of its rule, Rule 10-5.08(l)(e), to allow for a grace period for competing applicants for a certificate of need only where no other letter of intent has been filed more than five working days prior to the filing deadline. In other words, the agency permits a grace period for seeking certificates of need for competing applicants when the only other applications have been filed within five days of the deadline. We believe this to be a fair and reasonable interpretation of the rule. An agency’s interpretation of its own rule is entitled to deference and the party challenging the agency’s interpretation must establish that the interpretation * is clearly erroneous. Pan American World Airways, Inc. v. Florida Public Service Commission, 427 So.2d 716 (Fla.1983).

ANSTEAD and WALDEN, JJ., and CO-WART, EDWARD D., Associate Judge, concur.

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PER CURIAM.

We affirm and, in doing so, acknowledge that we have approved the appellee administrative agency’s interpretation of its rule, Rule 10-5.08(l)(e), to allow for a grace period for competing applicants for a certificate of need only where no other letter of intent has been filed more than five working days prior to the filing deadline. In other words, the agency permits a grace period for seeking certificates of need for competing applicants when the only other applications have been filed within five days of the deadline. We believe this to be a fair and reasonable interpretation of the rule. An agency’s interpretation of its own rule is entitled to deference and the party challenging the agency’s interpretation must establish that the interpretation * is clearly erroneous. Pan American World Airways, Inc. v. Florida Public Service Commission, 427 So.2d 716 (Fla.1983).

ANSTEAD and WALDEN, JJ., and CO-WART, EDWARD D., Associate Judge, concur.

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485 So. 2d 871, 11 Fla. L. Weekly 741, 1986 Fla. App. LEXIS 7003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/good-samaritan-hospital-inc-v-department-of-health-rehabilitative-fladistctapp-1986.

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