GOOD SAMARITAN HOSP. v. DEPT. OF HLT., 485 So.2d 871 (Fla.App. 4 Dist. 1986)

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

No. 85-1577.District Court of Appeal of Florida, Fourth District.
March 26, 1986. Rehearing Denied April 25, 1986.

Appeal from the State of Florida Department of Health
Rehabilitative Services.

Catherine A. Gaudreau of McDermott, Will Emery, Miami, for appellant.

R. Bruce McKibben, Jr. and Richard A. Patterson, Tallahassee, for appellee Dept. of Health and Rehabilitative Services.

Charles A. Stampelos of McFarlain, Bobo, Sternstein, Wiley
Cassedy, P.A., Tallahassee, for appellee Boca Raton Community Hosp.

Sydney H. McKenzie and M. Christopher Bryant of Oertel
Hoffman, P.A., Tallahassee, for appellee St. Mary’s Hosp., Inc.

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(1)(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 COWART, EDWARD D., Associate Judge, concur.