1. (a) An applicant for a certificate of need whose application was denied in whole or in part by the commissioner may appeal that decision by requesting a hearing under this section. A request for a hearing must

   1. (1) be filed no later than 30 days after the date of publication of the notice under 7 AAC 07.072; and
   2. (2) clearly state, in writing, the basis for the hearing.
2. (b) No later than 30 days after the department receives a written request for a hearing, the commissioner will refer the matter to a hearing officer.
3. (c) A hearing under this section must be based solely upon the record that existed at the time of the department's decision.

4. (d) At the hearing the applicant may

   1. (1) call or cross-examine witnesses;
   2. (2) present expert testimony to refute the department's decision, including the department's calculation of need;

   3. (3) present additional evidence that was not part of the agency record if that evidence

      1. (A) was available to the department during the application and decision process, but was not properly considered; or
      2. (B) was unknown to the applicant or the department at the time of the decision, but is available at the time a request for hearing is made under this section.
5. (e) After consideration of all evidence and testimony, the hearing officer shall submit to the commissioner a recommended decision. The commissioner will adopt, reject, remand to the hearing officer, or modify the decision.

6. (f) Parties to a hearing conducted under this section are limited to

   1. (1) the department;
   2. (2) the applicant who requested a hearing; and
   3. (3) if there was a concurrent review, the applicants who were included in the concurrent review.
7. (g) A hearing under this section will be conducted in accordance with AS 44.64.010 - 44.64.200.

(Eff. 10/26/77, Register 64; am 8/13/80, Register 75; am 6/3/88, Register 106; am 8/14/2005, Register 175; am 8/11/2010, Register 195)

Authority: AS 18.07.081, AS 18.07.101