GOOD SAMARITAN HOSPITAL, INC., APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, BOCA RATON COMMUNITY HOSPITAL, INC., AND ST. MARY'S HOSPITAL, INC., APPELLEES

Fla. 4th DCA | 1986-03-26
No. 85-1577
ANSTEAD and WALDEN, JJ., and CO-WART, EDWARD D., Associate Judge, concur.
485 So. 2d 871 Florida District Court of Appeal, Fourth District (1986) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

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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