246-310-500  <<  246-310-560 >>   246-310-570

WAC 246-310-560

Provision for reconsideration decision.

(1) Any interested or affected person may, for good cause shown, request a public hearing for the purpose of reconsideration of the decision of the secretary's designee on a certificate of need application or withdrawal of a certificate of need.1
(2) The department shall conduct a reconsideration hearing if it finds the request is in accord with the following requirements:
(a) The request for a reconsideration hearing shall be written, be received by the department within twenty-eight days of the department's decision on the certificate of need application or withdrawal of the certificate of need, state in detail the grounds which the person requesting the hearing believes to show good cause, and be signed by the person making the request.
(b) Grounds which the department may deem to show good cause for a reconsideration hearing shall include but not be limited to the following:
(i) Significant relevant information not previously considered by the department which, with reasonable diligence, could not have been presented before the department made its decision;
(ii) Information on significant changes in factors or circumstances relied upon by the department in making its findings and decision; or
(iii) Evidence the department materially failed to follow adopted procedures in reaching a decision.
(3) Scheduling of a reconsideration hearing shall occur within thirty days after receipt of an approved request for a hearing.
(4) Notification of a public reconsideration hearing on a certificate of need application or withdrawal of a certificate of need shall be sent prior to the date of such hearing by the department to the following:
(a) The person requesting the reconsideration hearing;
(b) The person submitting the certificate of need application which is under reconsideration or the holder of the certificate of need;
(c) Health care facilities and health maintenance organizations located in the health service area where the project is proposed to be located providing services similar to the services under review;
(d) In the case of a concurrent review, other applicants competing as described in WAC 246-310-080; and to
(e) Other persons requesting the department to send them such notification.
(5) The department shall, within forty-five days after the conclusion of a reconsideration hearing, make written findings stating the basis of the decision made after such hearing.
(6) The secretary's designee may, upon the basis of the department's findings on a reconsideration hearing, issue or reissue, amend, revoke, or withdraw a certificate of need or impose or modify conditions on a certificate of need for the project about which the reconsideration hearing was conducted.
(7) An applicant requesting a reconsideration hearing under the provisions of this section does not forfeit his or her rights to an adjudicative appeal under the provisions of WAC 246-310-610.
Note:
1No fee will be charged for a reconsideration hearing.
[Statutory Authority: Chapter 70.38 RCW. WSR 98-10-053, § 246-310-560, filed 4/29/98, effective 5/30/98; WSR 96-24-052, § 246-310-560, filed 11/27/96, effective 12/28/96. Statutory Authority: RCW 70.38.135 and 70.38.919. WSR 92-02-018 (Order 224), § 246-310-560, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-310-560, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.38.135. WSR 86-06-030 (Order 2344), § 248-19-430, filed 2/28/86; WSR 81-09-012 (Order 210), § 248-19-430, filed 4/9/81, effective 5/20/81. Statutory Authority: Chapter 70.38 RCW. WSR 79-12-079 (Order 188), § 248-19-430, filed 11/30/79.]
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