4302 PUBLIC HEARINGS

4302.1 SHPDA may call a public hearing on its own initiative on an application during the first thirty (30) days of the CON application review period.

4302.2 SHPDA shall also call a public hearing at the request of an affected person. The request for public hearing shall be in writing and submitted no later than thirty (30) days after the beginning of the review period or the date of notice required pursuant to Subsection 4302.6, whichever is later.

4302.3 For the purposes of this section, an affected person includes:

1. (a) The applicant;
2. (b) A person who participated in the proceedings before SHPDA or the Office of Administrative Hearings;
3. (c) A person who is a recipient of the types of services proposed in the CON application;
4. (d) A person who resides within the boundaries of the Advisory Neighborhood Commission where the facility or service will be located or provide services;
5. (e) An HCF or HMO located in the health service area in which the project is proposed to be located that provides services similar to the services of the facility under review;
6. (f) An HCF or HMO that, prior to SHPDA's receipt of the proposal being reviewed, has formally indicated an intention to provide similar services in the future;
7. (g) A third party payer who reimburses an HCF for services in the health service area in which the project is proposed to be located; and
8. (h) A person who regularly uses an HCF within the geographic area where the facility or service is to be located or provided.

4302.4 An affected person shall have the right to be represented by counsel and to present oral or written testimony and evidence relevant to the matter that is the subject of the public hearing.

4302.5 SHPDA shall maintain a verbatim electronic record of the public hearing.

4302.6 RESERVED

4302.7 The notice shall include:

(a) The name of the applicant;

(b) The service to be provided;

(c) The proposed location of the service to be provided;

(d) The date, time, and location of the meeting;

(e) The planned hearing agenda; and

(f) A description of matter to be discussed.

4302.8 SHPDA shall hold the public hearing no sooner than fourteen (14) days after the date of the notice of the public hearing.

4302.9 SHPDA shall not charge a fee to hold a public hearing.

SOURCE: Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014).