Imposing An Administrative Moratorium of Finite Duration
In Balsam v. Department of Health & Rehabilitative Servs. (452 So 2d 976 [Fla Dist Ct App, 1st Dist]), appellants sought review of a ruling by the State of Florida's Department of Health and Rehabilitative Services which determined that an administrative moratorium of finite duration had been imposed on Certificate of Need application (CON) applications, and, therefore, refused to process appellant's application.
The court held that the moratorium was an invalid rule under Florida's equivalent of New York's State Administrative Procedure Act.
The logic is even more compelling here where the moratorium is of indefinite duration.