Douglas D. Adkins, Executive Director, Dayspring Village; Petitioner sought a determination from the Department regarding the Agency for Health Care Administration's use of Section 429.28, Florida Statutes, as a legal mechanism to cite state-...

 

DEPARTMENT OF ELDER AFFAIRS
Federal Aging Programs

RULE NO.: RULE TITLE:
58A-5.0185: Medication Practices
58A-5.0191: Staff Training Requirements and Competency Test
NOTICE IS HEREBY GIVEN that The Department of Elder Affairs has declined to rule on the petition for declaratory statement filed by Douglas D. Adkins, Executive Director, Dayspring Village on October 19, 2012. The following is a summary of the agency's declination of the petition: Petitioner sought a determination from the Department regarding the Agency for Health Care Administration's use of Section 429.28, Florida Statutes, as a legal mechanism to cite state-licensed assisted living facilities for issues including, but not limited to, infection control. The Department has denied the Petition for Declaratory Statement because most or all of the questions posed to the Department by Petitioner fail to allege both a particularized set of circumstances as well as the specific statute, rule, or order of the agency claimed to apply to Petitioner's individualized set of circumstances, in contravention of the requirements as specified in Section 120.565, Florida Statutes. When an agency is called upon to issue a declaratory statement in response to a question which is not limited to specific facts and a specific petitioner, and which would require a response of such a general and consistent nature as to meet the definition of a rule, the agency may decline to issue the declaratory statement.
A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Anthony J. DePalma, Senior Attorney, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000, [e-mail].
Please refer all comments to: Anthony J. DePalma, Senior Attorney, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000, [e-mail].