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

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.…