Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:040 - Licensure hearings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.105
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040 and
				216B.105
				authorize the Cabinet for Health and Family Services to provide a due process
				hearing and issue a final determination on all actions by the Cabinet for
				Health and Family Services to deny, revoke, modify or suspend a license.
				Executive Order 96-862 reorganizes the Cabinet for Human Resources and creates
				the Office of Certificate of Need under the Cabinet for Health Services. This
				administrative regulation sets forth the hearing procedure for licensure
				actions.
Section 1. Notice of Action
			 and Request for Hearing. Any applicant or licensee who has been notified of the
			 cabinet's decision to deny, revoke, modify or suspend a license to operate a
			 health facility or health service may request an evidentiary hearing for the
			 purpose of appealing the cabinet's decision. The request must be filed with the
			 cabinet within thirty (30) days of the date of mailing of notice of the
			 cabinet's decision.
Section 2.
			 Notice of Hearing. The cabinet shall provide the appellant with notice of date,
			 time and location of the hearing by certified mail at least thirty (30) days
			 before the date of the hearing.
Section
			 3. Disqualification of Hearing Officer. No hearing officer shall
			 participate in any hearing in which the hearing officer has had within the past
			 twelve (12) months preceding the hearing, any ownership, employment, staff,
			 fiduciary, contractual, creditor, personal, consultative relationship that
			 would preclude the hearing officer from conducting a fair and impartial hearing
			 with the applicant or licensee.
Section
			 4. Hearing Procedure.
(1) Each
			 party shall have the opportunity to present its case, make opening statements,
			 call and examine witnesses, offer documentary evidence into the record and make
			 closing statements. Every party shall also have the opportunity to
			 cross-examine opposing witnesses on matters covered in direct examination and,
			 at the discretion of the hearing officer, upon other matters relevant to the
			 issues. A party that is a corporation shall be represented by an attorney
			 licensed to practice in the Commonwealth of Kentucky.
(a) The hearing officer may allow testimony
			 or other evidence on issues that may arise during the course of the hearing,
			 including any additional petitions for intervention which may be filed. The
			 hearing officer may act to exclude irrelevant, immaterial or unduly repetitious
			 evidence, and may question any party or witness.
(b) The hearing officer is not bound by the
			 Kentucky rules of evidence and may allow hearsay evidence in his discretion if
			 it is relevant to the issue.
(c)
			 The applicant or licensee may be allowed to open and close the presentation of
			 evidence and arguments. The hearing officer shall designate the order of
			 presentations, in the preliminary order.
(d) Witnesses may appear through deposition
			 or in person. Witnesses shall be examined under oath or affirmation. If the
			 hearing officer determines that the hearing will be expedited and the interests
			 of the parties will not be prejudiced, any part or all of the evidence may be
			 received in written form. Written testimony of a witness in the form of
			 questions and answers or a narrative statement may be received in lieu of
			 direct examination, provided that the witness authenticates the document under
			 oath. The witness shall then be subject to cross-examination.
(e) A written statement from any party, or a
			 statement or resolution of a political subdivision, trade association, civic
			 organization or other organization may be received without cross examination,
			 but will be considered only as argument, and not as proof of any matter
			 addressed in these documents unless the party against whom the document is
			 being offered is allowed to cross-examine the proponent of the
			 document.
(f) The hearing officer
			 may accept documentary evidence in the form of copies of excerpts if the
			 original is not readily available, provided that upon request parties shall be
			 given an opportunity to compare the copy with the original. Documents to be
			 considered for acceptance shall be filed with the hearing officer and other
			 parties at least seven (7) days before the hearing.
(g) A document may not be incorporated into
			 the record by reference without the permission of the hearing officer. Any
			 reference document shall be precisely identified.
(h) The hearing officer may permit a party to
			 offer or request a party to produce additional evidence or briefs of issues as
			 part of the record within a designated time, not to exceed the ten (10) days
			 after the conclusion of the hearing. During this period, the hearing record
			 shall remain open, and the conclusion of the hearing shall occur when the
			 additional information is filed.