95-004661 Dan Murtha And Beverly Murtha, D/B/A Beverly Transport, Inc. vs. Agency For Health Care Administration
 Status: Closed
Recommended Order on Tuesday, March 5, 1996.

View Dockets  
Summary: Agency should treat Petitioner's application for Medicaid re-enrollment as an medical transport service provider as timely filed and not terminate Petitioner's agreement.





13Petitioner, )


16vs. ) CASE NO. 95-4661





30Respondent. )



35Pursuant to notice, a formal hearing was conducted in this case on January

4823, 1996, before Stuart M. Lerner, a duly designated Hearing Officer of the

61Division of Administrative Hearings.


66For Petitioner: Peter E. Perettine, Esquire

72Comerica Bank Building, Suite 302

771800 Corporate Boulevard, Northwest

81Boca Raton, Florida 33431

85For Respondent: Moses E. Williams, Senior Attorney

92Agency for Health Care Administration

972727 Mahan Drive, Fort Knox Number 3

104Tallahassee, Florida 32308-5403


111Whether Petitioner's Medicaid provider number should be cancelled for the

121reason given in Respondent's June 16, 1995, letter to Petitioner?


133By letter dated June 16, 1995, the Agency for Health Care Administration

145(hereinafter referred to as the "Agency") notified Petitioner of its intention

157to cancel Petitioner's Medicaid provider number (0887757-00), effective June 15,

1671995. The Agency explained that such action was necessary because of

178Petitioner's "failure to successfully comply with the re-enrollment process."

187Petitioner ultimately requested a formal hearing on the matter. On September

19820, 1995, the Agency referred the case to the Division of Administrative

210Hearings for the assignment of a Hearing Officer to conduct the formal hearing

223Petitioner had requested.

226At the formal hearing, which was held on January 23, 1996, 1/ five

239witnesses testified: Daniel and Beverly Murtha, the co-owners of Petitioner;

249and Beverly Sawyer, Maria Hamann and Bette Hickey, all of whom are Agency

262employees involved in the Medicaid program. In addition to the testimony of

274these five witnesses, a total of fourteen exhibits (Petitioner's Exhibits 1

285through 7 and Respondent's Exhibits 1 through 7) were offered and received into


299At the conclusion of the evidentiary portion of the formal hearing, the

311Hearing Officer advised the parties of their right to file post-hearing

322submittals and established a deadline (15 days from the date of the hearing) for

336the filing of such submittals. Petitioner and the Agency filed their post-

348hearing submittals on January 29, 1996, and February 2, 1996, respectively.

359These post-hearing submittals have been carefully considered by the Hearing

369Officer. They each contain what are labelled as "findings of fact." These

"381findings of fact" proposed by the parties are specifically addressed in the

393Appendix to this Recommended Order.


401Based upon the evidence adduced at hearing, and the record as a whole, the

415following Findings of Fact are made:

4211. Petitioner is a provider of transportation services.

4292. It provides these services to residents of Delray Beach and surrounding


4423. From October of 1990, until June 15, 1995, Petitioner provided

453transportation services to Medicaid recipients pursuant to a Medicaid provider

463agreement, paragraphs 8 and 9 of which provided as follows:

4738. The provider and the Department [the

480Agency's predecessor] agree to abide by the

487Florida Administrative Code, Florida Statutes,

492policies, procedures, manuals of the Florida

498Medicaid Program and Federal laws and regulations.

5059. The agreement may be terminated upon thirty

513days written notice by either party. The Depart-

521ment may terminate this agreement in accordance

528with Chapter 120, Florida Statutes.

5334. Daniel Murtha and his wife, Beverly Murtha, own and operate Petitioner.

5455. On or about April 11, 1995, the Murthas received the following letter

558from the Agency's Medicaid Area Nine office (hereinafter referred to as the

"570Agency's Medicaid office"), which was sent by certified mail:

580Dear Transportation Provider:

583This letter is to inform you that our office

592is currently in the process of planning for

600Medicaid Transportation Services to become

605a part of the coordinated transportation

611disadvantaged program in your county.

616Florida has a state law, Chapter 427, Florida

624Statutes, which requires all state and federally

631supported transportation disadvantaged services

635to be coordinated through a local community

642transportation coordinator (CTC). Our plan

647is to come under this coordinated transportation

654system in the near future.

659Once our plans with the CTC are finalized,

667Medicaid Transportation Services will be coord-

673inated through their office. Operators under

679the coordinated system will have to meet Trans-

687portation Disadvantaged and CTC Standards for

693insurance, licensing, vehicle safety inspections

698and driver drug-testing requirements.

702Our office will keep you informed as to our

711coordination progress. Thank you for your

717interest in our program and our clients.

7246. Approximately a month later, on May 16, 1995, the Agency's Medicaid

736office sent, by certified mail, return receipt requested, the following letter

747(hereinafter referred to as the "May 16 letter") to the Murthas:

759Dear Provider:

761This is to advise you that you must re-enroll

770as a Medicaid provider in order to maintain

778your eligibility to participate in the Medicaid


786In order to re-enroll, you must provide our office

795with the following documents:

7991. A completed, signed and dated application

806(blank attached)

8082. A signed and dated Non-Institutional

814Agreement (blank attached)

8173. Proof of insurance coverage of at least

825$100,000 per person and $300,00 per incident

834for all vehicles, whether owned by your company

842or subcontracted by you.

8464. Copies of current state, county and municipal

854licensing documents for each vehicle and driver for

862all cities, counties, and towns in which you will

871provide "pick-up" services.

874Failure to complete and return the application, the

882provider agreement and the requested documentation

888within 30 days of your receipt of this letter, will

898result in your disenrollment from the Medicaid

905program. You will no longer receive payment for

913any trips you provide after that date.






960have any questions, please call our Provider

967Relations Section at 840-3144.

971Thank you for your prompt attention to this matter.

9807. The Murthas received the May 16 letter on Wednesday, May 17, 1995.

9938. They wanted to maintain Petitioner's eligibility to participate in the

1004Medicaid program. (The provision of services to Medicaid recipients generated

1014approximately 15 to 20 percent of Petitioner's yearly revenue.)

10239. Accordingly, on the evening of Sunday, May 21, 1995, they filled out

1036the re-enrollment application form that the Agency's Medicaid office had sent

1047them with the May 16 letter and they gathered the necessary insurance and

1060licensing documents referenced in the letter, including a 1995 Vehicle for Hire

1072Business Permit (Number 95-0077) issued to Petitioner by Palm Beach County.

108310. The next day, Monday, May 22, 1995, they made copies of these

1096insurance and licensing documents.

110011. On the morning of Tuesday, May 23, 1995, Mr. Murtha reviewed, signed

1113and dated the re-enrollment application form and signed and dated the provider

1125agreement that he and his wife had received from the Agency with the May 16


114112. The Murthas then made copies of the completed, signed and dated re-

1154enrollment application and the signed and dated provider agreement.

116313. When he left for work that day (Tuesday, May 23, 1995), Mr. Murtha

1177took with him a manila envelope containing the completed, signed and dated re-

1190enrollment application, the signed and dated provider agreement, and copies of

1201the insurance and licensing documents, including the 1995 Vehicle for Hire

1212Business Permit, that the Agency had requested in the May 16, letter. The

1225envelope bore the "West Palm Beach address [of the Agency's Medicaid office]

1237listed at the bottom of th[e May 16] letter," as well as a return address.

1252Before leaving, Mr. Murtha told his wife that he intended to go to the post

1267office and mail the envelope to the Agency's Medicaid office by certified mail.

128014. It was not until 5:30 or 5:45 p.m. that afternoon that Mr. Murtha

1294arrived at the U.S. Postal Services's Delray Beach station. The station was

1306closed when he arrived. Rather than return the next day to mail the envelope by

1321certified mail, Mr. Murtha placed the envelope in a collection box (for regular

1334U.S. States mail) located outside the entrance to the station.

134415. Although the Murthas acted in a manner that was reasonably calculated

1356to "re-enroll [Petitioner] as a Medicaid provider," through no fault of their

1368own, such re-enrollment was not accomplished inasmuch as the Agency's Medicaid

1379office did not receive the materials Mr. Murtha had mailed to it on May 23,


139516. Not having received any response to its May 16 letter within the 30-

1409day period prescribed in the letter, the Agency's Medicaid office, on June 16,

14221995, sent, by certified mail, return receipt requested, another letter

1432(hereinafter referred to as the "June 16 letter") to the Murthas. The letter,

1446which was signed by Bette Hickey, the Medicaid Program Administrator, read as


1459Letter to Beverly Transport, Transportation

1464Provider, advising you that your Medicaid

1470provider number has been terminated due to

1477failure to complete re-enrollment process.

1482Dear Provider:

1484This letter is to inform you that effective

14926-15-95, your Medicaid transportation provider

1497number has been terminated due to your failure

1505to successfully comply with the re-enrollment


1512Currently, there is a moratorium in Palm Beach

1520County for accepting and processing new appli-

1527cations to become a Medicaid transportation

1533provider. You are considered to be a new

1541applicant to the Medicaid Transportation Program,

1547therefore, we will not process your application

1554to become a new provider.

1559We will advise you when the moratorium for

1567accepting applications is removed.

157117. The Murthas received the June 16 letter on June 21 1995. They were

"1585shocked" to learn of their "failure to complete [the] re-enrollment process."

1596Before receiving the letter, they had had no idea that there was any problem

1610with their application for re-enrollment.

161518. The same day he and his wife received the June 16 letter, Mr. Murtha

1630twice telephoned the Agency's Medicaid office to speak with Bette Hickey. He

1642left messages on both occasions inasmuch as Hickey was unavailable to speak with


165619. Mr. Murtha spoke with Hickey later that day when she returned his

1669calls. He told Hickey that he had mailed the necessary re-enrollment materials

1681to her office the previous month. He also mentioned to her that he had

1695maintained a copy of those materials.

170120. The following day (June 22, 1995), at around 2:10 p.m., Mr. Murtha

1714went to the Agency's Medicaid office and hand-delivered the copy of the re-

1727enrollment materials (about which he had spoken to Hickey the day before), along

1740with a cover letter, which read as follows:

1748I have attached copies of the forms we mailed on

17585/23/95 (postmark would be 5/24) to your office.

1766In addition, we have enclosed our business envelope

1774to help in your search. My wife Beverly and I are

1785going to the Delray Post Office today to see if

1795they can initiate some level of investigation. 2/

1803We appreciate your time on the phone yesterday.

1811I guess we just needed to talk about [what] Bev

1821and I are very concerned.

1826Hope to hear positively from you soon.

183321. The Murthas did not hear again from the Agency's Medicaid office until

1846they received ("via certified mail") a letter from Hickey, dated August 7, 1995

1861(hereinafter referred to as the "August 7 letter"), which read as follows:

1874Re: Terminated Medicaid Provider NO. 0887757-00

1880Dear Provider:

1882This letter is a follow up to our letter dated

1892June 15 [sic], 1995, advising you that your

1900Medicaid provider number has been terminated

1906due to the failure to respond to the re-enrollment

1915request for documents required for transportation

1921providers, pursuant to the Florida Administrative

1927Code Rule 59G-4.330, Section 409.907(2), Florida

1933[S]tatutes, and Medicaid Transportation Provider


1939If you wish to appeal this decision, a copy of

1949Standards for requesting an Administrative Hearing

1955is attached. Please note that a request for either

1964a formal or informal hearing must be received by

1973this agency within 21 days of your receipt of this

1983notice at the address on the attached copy of


1993Please accept our sincere appreciation for your

2000services to the Medicaid recipients of our State.

2008If you have any further questions regarding this

2016letter, please contact me at (407) 840-3142.

202322. After receiving Hickey's August 7 letter, the Murthas, through

2033counsel, filed with the Agency a Petition for Formal Review Hearing challenging

2045the decision of the Agency's Medicaid office to terminate Petitioner's provider



206023. "Medicaid is a governmental health care program that provides to

2071eligible needy persons assistance in meeting the cost of medical care. The

2083program is financed from county, state and federal funds." Rule 59G-1.002, Fla.

2095Admin. Code.

209724. Effective July 1, 1993, by operation of Section 58 of Chapter 93-129,

2110Laws of Florida, the Agency was transferred "[a]ll powers, duties and functions,

2122records, personnel, property, and unexpended balances of appropriations,

2130allocations, or other funds of the Medicaid program within the Department of

2142Health and Rehabilitative Services, as well as the infrastructure and support

2153services that support the program, including, but not limited to, investigative,

2164licensing, legal, and administrative activities."

216925. Among the powers transferred to the Agency was the authority to

2181regulate provider enrollment in the Medicaid program.

218826. Pursuant to Section 409.907, Florida Statutes, Medicaid providers must

2198enter into a provider agreement which "shall be effective for a stipulated

2210period of time, shall be terminable by either party after reasonable notice, and

2223shall be renewable by mutual agreement."

222927. Petitioner entered into such a provider agreement in October of 1990.

224128. The Agency now seeks to take final action to terminate this agreement

2254and cancel Petitioner's Medicaid provider number on the ground that Petitioner

"2265fail[ed] to successfully comply with the re-enrollment process." 3/ According

2275to the express terms of the agreement, such action may be taken only "in

2289accordance with Chapter 120, Florida Statutes."

229529. Inasmuch as the termination of Petitioner's provider agreement and the

2306cancellation of its Medicaid provider number will affect Petitioner's

2315substantial interests, the Agency must comply with the provisions of Section

2326120.57, Florida Statutes, before it can effectively take such action. This

2337includes giving Petitioner the opportunity to request a Section 120.57(1) formal

2348hearing on the matter to challenge disputed issues of material fact and

2360providing such a hearing if requested, which the Agency has done. See Florida

2373League of Cities v. Administration Commission, 586 So.2d 397, 413 (Fla. 1st DCA


238730. Although the provider agreement that the Agency seeks to terminate

2398allows either party, in its discretion, to terminate the agreement "upon thirty

2410days written notice," "in accordance with Chapter 120, Florida Statutes," the

2421Agency had "the burden [at the Section 120.57(1) formal hearing that was held in

2435this case at Petitioner's request] of demonstrating proof justifying the

2445exercise of that discretion." Gonzalez v. Department of Health and

2455Rehabilitative Services, 418 So.2d 1128, 1129-30 (Fla. 1st DCA 1982).

246531. The Agency failed to meet this burden.

247332. According to the June 16 and August 7 letters it sent the Murthas, the

2488Agency seeks to its exercise its discretion to terminate Petitioner's provider

2499agreement and cancel Petitioner's Medicaid number on the ground that the Murthas

2511did not provide the Agency's Medicaid office with the necessary re-enrollment

2522materials within the 30-day time period prescribed in the May 16 letter it had

2536previously sent them.

253933. This 30-day time period prescribed in the May 16 letter, however, like

2552the 20-day time limitation for appealing an agency determination of abandonment

2563of position that was analyzed by the Florida Supreme Court in Machules v.

2576Department of Administration, 523 So.2d 1132 (Fla. 1988), "is not jurisdictional

2587in the sense that failure to comply is an absolute bar to [the Agency's

2601consideration of Petitioner's re-enrollment application] but is more analogous

2610to statute[s] of limitations which are subject to equitable considerations such

2621as tolling." Id. at 1133, n.2.

262734. In Machules, the Florida Supreme Court made the following observations

2638regarding the doctrine of equitable tolling:

2644The doctrine of equitable tolling was developed

2651to permit under certain circumstances the filing

2658of a lawsuit that otherwise would be barred by a

2668limitation period. The tolling doctrine is used

2675in the interests of justice to accommodate both

2683a defendant's right not to be called upon to

2692defend a stale claim and a plaintiff's right to

2701assert a meritorious claim when equitable circum-

2708stances have prevented a timely filing. Equitable

2715tolling is a type of equitable modification which

"2723'focuses on the plaintiff's excusable ignorance

2729of the limitations period and on (the) lack of

2738prejudice to the defendant.'" Contrary to the

2745analysis of the majority below, equitable tolling,

2752unlike estoppel, does not require active deception

2759or employer misconduct, but focuses rather on the

2767employee with a reasonably prudent regard for his

2775rights. As Judge Zehmer notes in his dissent below:

"2784The doctrine (of equitable tolling) serves to

2791ameliorate harsh results that sometimes flow

2797from a strict, literalistic construction and

2803application of administrative time limits

2808contained in statutes and rules."

2813Id. at 1133-34 (Citations and footnotes omitted).

282035. The proof submitted in the instant case establishes that, as the

2832Agency has alleged, the Agency's Medicaid office did not receive the requisite

2844re-enrollment materials from the Murthas within the 30-day "return" period

2854prescribed in the May 16 letter (the last day of which was Friday, June 16,

28691995) and that it was not until Thursday, June 22, 1995, that these materials

2883were received. The evidence further establishes, however, that the Murthas

2893acted "with a reasonably prudent regard for [their] rights" in responding to the

2906May 16 letter. In accordance with the instructions given in the letter they

"2919complete[d] and return[ed, by placing in the mail,] the [re-enrollment]

2930application, the provider agreement and the requested documentation within 30

2940days of [their] receipt of this letter." Pursuant to the directions provided in

2953the letter, they "[s]en[t] the above information to the West Palm Beach address

2966listed at the bottom of this letter." Although they mailed these materials on

2979May 23, 1995, the sixth day of the 30-day "return" period prescribed in the May

299416 letter, through no fault of their own, the materials were not delivered to

"3008the West Palm Beach address" to which they had been mailed within this 30-day

3022period. Upon learning, shortly after the expiration of the 30-day period, that

3034the materials had not been received by the Agency's Medicaid office, the Murthas

3047acted swiftly to remedy the situation by hand-delivering, on June 22, 1995, a

3060copy of the materials to the office. The Murthas' failure to have furnished the

3074Agency's Medicaid office with these materials any sooner has not resulted in any

3087apparent prejudice to the Agency.

309236. Under such circumstances, even if the 30-day "return" period

3102prescribed in the May 16 letter is viewed as having imposed a "filing" deadline

3116as opposed to a "mailing" deadline, 4/ the Agency, in the interest of justice,

3130should apply the doctrine of equitable tolling and deem Petitioner's re-

3141enrollment application to have been timely filed and process it accordingly.

3152Cf. General Motors Corporation v. Gus Machado Buick-GMC, Inc., 581 So.2d 637,

3164638 (Fla. 1st DCA 1991)("appellate courts have not viewed favorably arguments

3176that short delays in requesting a hearing should result in a forfeiture of

3189substantive rights"); Stewart v. Department of Corrections, 561 So.2d 15, 16

3201(Fla. 4th DCA 1990)(where career service employee filed his notice of appeal

3213with the Public Employees Relations Commission one business day after the time

3225limitation had run and the delay in filing did not cause the employing agency

3239prejudice, doctrine of equitable tolling should have been applied and employee

3250should have been permitted to pursue his appeal); Rothblatt v. Department of

3262Health and Rehabilitative Services, 520 So.2d 644, 645 (Fla. 4th DCA

32731988)(appellant was entitled to an administrative hearing, notwithstanding that

3282the request therefor was filed six days after the deadline prescribed by agency

3295rule, where the late filing was the result of "excusable neglect").

330737. Because the Agency has failed to demonstrate that it would be

3319justified in exercising its discretion to terminate Petitioner's provider

3328agreement and cancel Petitioner's Medicaid number on the ground that Petitioner

3339did not timely provide the Agency's Medicaid office with the re-enrollment

3350materials requested in the May 16 letter, the Agency should not take such



3365Based upon the foregoing Findings of Fact and Conclusions of Law, it is

3378RECOMMENDED that the Agency for Health Care Administration (1) treat as

3389timely filed, and process accordingly, Petitioner's application for re-

3398enrollment in the Medicaid program as a provider of transportation services, and

3410(2) not terminate Petitioner's provider agreement and cancel Petitioner's

3419Medicaid number on the ground that Petitioner did not timely provide the re-

3432enrollment materials requested in the May 16 letter.

3440DONE AND ENTERED in Tallahassee, Leon County, Florida, this 5th day of

3452March, 1996.


3455STUART M. LERNER, Hearing Officer

3460Division of Administrative Hearings

3464The DeSoto Building

34671230 Apalachee Parkway

3470Tallahassee, Florida 32399-1550

3473(904) 488-9675

3475Filed with the Clerk of the

3481Division of Administrative Hearings

3485this 5th day of March, 1996.


34921/ The hearing was originally scheduled for December 8, 1995, but, at

3504Petitioner's request, was rescheduled for January 23, 1996.

35122/ The Murthas went to the "Delray Post Office" on June 26, 1995, and filled

3527out a Mail Loss/Rifling Report (Form 1510) in which they reported that the

3540envelope that Mr. Murtha had mailed to the Agency's Medicaid office on May 23,

35541995, had yet to be delivered. The Murthas have not received any response from

3568the U.S. Postal Service indicating that the mail they reported "los[t]" has been


35823/ Although both the June 16 letter and August 7 letter suggest that the

3596Agency has already taken such final action, the action that the Agency has

3609heretofore taken to terminate Petitioner's provider agreement and cancel

3618Petitioner's Medicaid provider number must be regarded "as only preliminary

3628irrespective of its tenor." Capeletti Brothers, Inc., v. Department of

3638Transportation, 362 So.2d 346, 348 (Fla. 1st DCA 1978). "Until proceedings are

3650had satisfying section 120.57, or an opportunity for them is clearly offered and

3663waived, there can be no agency action affecting the substantial interests of a

3676person." Florida League of Cities v. Administration Commission, 586 So.2d 397,

3687413 (Fla. 1st DCA 1991). In the instant case, Petitioner has timely requested,

3700and been granted, "proceedings satisfying section 120.57," but these proceedings

3710have not been completed and no final action has yet been taken.

37224/ The letter is reasonably susceptible to differing interpretations on this

3733point. Contrast with Environmental Resource Associates of Florida, Inc. v.

3743Department of General Services, 624 So.2d 330, 332 (Fla. 1st DCA

37541993)(concurring opinion of Judge Ervin)("[b]y using the term 'filed,' rather

3766than 'served,' the notice unambiguously advised appellant that any request for

3778hearing must be received by the agency within the time specified following the

3791appellant's receipt of the notice of the letter terminating appellant's

3801contract;" "[t]he term 'filed,' when used to denote a limitation period, is a

3815legal term generally understood to mean that the agency must receive the matter

3828required no later than the date stated").


3844The following are the Hearing Officer's specific rulings on the "findings

3855of facts" proposed by the parties in their post-hearing submittals:

3865Petitioner's Proposed Findings

38681. Accepted and incorporated in substance, although not necessarily

3877repeated verbatim, in this Recommended Order.

38832-7. Rejected as findings of fact because they are more in the nature of

3897summaries of testimony adduced at hearing than findings of fact. See T.S. v.

3910Department of Health and Rehabilitative Services, 654 So.2d 1028, 1030 (Fla. 1st

3922DCA 1995)(hearing officer's factual findings which "merely summarize[d] the

3931testimony of witnesses" were "insufficient").

39378-9. Accepted and incorporated in substance.

3943The Agency's Proposed Findings

39471. Rejected as a finding of fact because it is more in the nature of a

3963statement of law.

39662-3 Accepted and incorporated in substance.

39724. To the extent that this proposed finding states that this advisement

3984was received by Petitioner on May 11, 1995, as opposed to May 17, 1995, it has

4000been rejected because it lacks sufficient evidentiary/record support.

4008Otherwise, it has been accepted and incorporated in substance.

40175. Accepted and incorporated in substance.

40236. To the extent that this proposed finding states that Petitioner

"4034submitted a . . . Medicaid provider application with a handwritten cover letter

4047on June 22, 1995," it has been accepted and incorporated in substance. To the

4061extent that it states that the application was "incomplete," it has been

4073rejected because it is contrary to the greater weight of the evidence.


4087Peter E. Perettine, Esquire

4091Comerica Bank Building, Suite 302

40961800 Corporate Boulevard, Northwest

4100Boca Raton, Florida 33431

4104Moses E. Williams, Senior Attorney

4109Agency for Health Care Administration

41142727 Mahan Drive, Fort Knox Number 3

4121Tallahassee, Florida 32308-5403

4124Jerome W. Hoffman, General Counsel

4129Agency for Health Care


41342727 Mahan Drive, Fort Knox Number 3

4141Tallahassee, Florida 32308-5403

4144Sam Power, Agency Clerk

4148Agency for Health Care


41532727 Mahan Drive, Fort Knox Number 3

4160Tallahassee, Florida 32308-5403


4169All parties have the right to submit written exceptions to this Recommended

4181Order. All agencies allow each party at least 10 days in which to submit

4195written exceptions. Some agencies allow a larger period within which to submit

4207written exceptions. You should contact the agency that will issue the final

4219order in this case concerning agency rules on the deadline for filing exceptions

4232to this Recommended Order. Any exceptions to this Recommended Order should be

4244filed with the agency that will issue the final order in this case.

Select the PDF icon to view the document.
Date: 04/17/1996
Proceedings: Final Order filed.
Date: 04/16/1996
Proceedings: Agency Final Order
Date: 04/16/1996
Proceedings: Recommended Order
Date: 03/05/1996
Proceedings: Recommended Order sent out. CASE CLOSED. Hearing held 1/23/96.
Date: 02/05/1996
Proceedings: Respondent`s Proposed Recommended Order filed.
Date: 02/02/1996
Proceedings: Respondent`s Proposed Recommended Order filed.
Date: 02/01/1996
Proceedings: (Respondent) Notice of Filing Exhibits filed.
Date: 01/29/1996
Proceedings: (Petitioner) Findings of Fact; (Petitioner) Closing Argument; Cover Letter filed.
Date: 01/23/1996
Proceedings: CASE STATUS: Hearing Held.
Date: 01/19/1996
Proceedings: (Petitioners) Unilateral Pre-Trial Stipulation w/cover letter filed.
Date: 12/21/1995
Proceedings: Response of Agency for Healthcare Administration to Dan Murtha and Beverly Murtha d/b/a Beverly Transport, Inc.`s Request to Produce filed.
Date: 12/14/1995
Proceedings: (Petitioners) Request to Produce filed.
Date: 12/07/1995
Proceedings: Order Granting Continuance and Rescheduling Hearing sent out. (hearing rescheduled for 1/23/96; 10:15am; West Palm Beach)
Date: 12/01/1995
Proceedings: Agency for Health Care Administration`s Response to the Order of Prehearing Instructions filed.
Date: 10/18/1995
Proceedings: Order of Prehearing Instructions sent out.
Date: 10/18/1995
Proceedings: Notice of Hearing sent out. (hearing set for 12/8/95; 2:00pm; Boca Raton)
Date: 09/27/1995
Proceedings: Initial Order issued.
Date: 09/20/1995
Proceedings: Notice; Petition for Formal Review Hearing; Cover letter From Dan Murtha; Agency Action letter filed.

Case Information

Date Filed:
Date Assignment:
Last Docket Entry:
West Palm Beach, Florida

Related DOAH Cases(s) (1):

Related Florida Statute(s) (2):

Related Florida Rule(s) (1):