Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59C - Certificate of Need › Chapter 59C-1 - PROCEDURES FOR THE ADMINISTRATION OF SECTIONS 408.031-408.045, FLORIDA STATUTES, HEALTH FACILITY AND SERVICES DEVELOPMENT ACT › Section 59C-1.012 - Administrative Hearing Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Administrative Hearings shall be conducted pursuant to the timeframes and
				conditions specified in Section
				408.039(5),
				F.S. A request for an Administrative Hearing shall be filed with the Agency
				within 21 days after publication of the Notice of Intent in the F.A.R. by the
				Agency. The failure of a noticed intended denied applicant to timely file a
				proper request for Administrative Hearing challenging the denial of its
				application shall result in the denial becoming final Agency action with
				respect to such applicant, and the application being severed from the remainder
				of the batch.
(2) If a valid
				request for Administrative Hearing is timely filed challenging the noticed
				intended award of any Certificate of Need application in the batch, that
				challenged granted applicant shall have ten days from the date the notice of
				litigation is published in the Florida Administrative Register to file a
				petition challenging any or all other cobatched applications.
(a) If no valid request for Administrative
				Hearing is timely filed challenging the noticed intended award of a Certificate
				of Need to an applicant, there is no pending challenge to the applicable
				published Fixed Need Pool projection, and there has been no petition filed
				pursuant to subsection (2), the noticed intended granted application shall be
				severed from the rest of the batch and become final Agency action with respect
				to such application. If there are pending challenges to the applicable
				published Fixed Need Pool projection, no noticed intended granted application
				can be severed from the batch and become final Agency Action, unless the
				application is withdrawn.
(b) If
				all requests for Administrative Hearings challenging a noticed intended award
				of a CON, and all challenges to the relevant published Fixed Need Pool
				projection, if any, are subsequently voluntarily dismissed, the unchallenged
				noticed intended granted application shall be severed from the remainder of the
				batch and the noticed intended award shall become final Agency action with
				respect to such applicant. If there remain any pending challenges to the
				applicable published Fixed Need Pool projection, no noticed intended granted
				application can be severed from the batch and become final Agency Action,
				unless the application is withdrawn.
(c) For purposes of comparative hearing on
				any remaining applications in the batch, the beds or services awarded to
				unchallenged noticed intended granted applications in the batch which have
				become final Agency Action shall automatically be subtracted from the
				unchallenged numeric Fixed Need Pool projection applicable to the batch, even
				if the projection is zero, and it shall be conclusively presumed that the award
				of Beds or Services in the batch which have become final Agency action will
				become operative in the service area in accordance with the representations
				contained in the Certificate of Need application leading to
				approval.