Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.115 - APPEAL PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Any affected
				person who requests a hearing to reconsider the department's decision must
				submit a check for $500 to the department along with the request. No hearing
				will be scheduled or held unless the department has received the fee.
(2) Immediately after receipt of a request
				for a hearing, a copy of the request will be sent to all affected persons, as
				defined in
				50-5-101,
				MCA, who participated in any informational hearing that was held concerning the
				affected proposal.
(3) Notice of
				the date and time of a reconsideration hearing will be sent to the affected
				person requesting the hearing and, if the applicant did not request the
				hearing, the applicant as well.
(4)
				If a hearing to reconsider a decision is requested, any affected person, other
				than the requestor of the hearing, who wishes to participate in the hearing
				must, at least two weeks after the date the request for hearing is received,
				submit a written notice of intent to participate to the department along with a
				check for $500, unless the affected person is an applicant whose proposal was
				approved and is the subject of the hearing, in which case only the notice of
				intent must be received by the department.
(5) The fees required by (1) and (4) above
				must be paid by check made out to the department of public health and human
				services.
(6) Counsel for the
				department and the health planning staff may participate in the hearing to
				provide testimony and exhibits, and to cross-examine witnesses, but are not
				considered parties for the purposes of
				2-4-613,
				MCA.
(7) A copy of any pre-hearing
				motion filed by an affected person must be served by mail upon the department
				and any other affected person participating in the hearing.
(8) The department's hearing officer may
				require the direct testimony of the witnesses of each affected person
				participating in the hearing to be in writing and filed prior to hearing with
				the department, with copies served upon the department and every other
				participating affected person.
(9)
				At the reconsideration hearing, the parties or their counsel will be given the
				opportunity to present written or oral evidence or statements concerning the
				department's action and the grounds upon which it was based.
(10) The department shall send the written
				findings of fact and conclusions of law that state the basis for its decision
				to all parties participating in the hearing. Any other person upon request may
				receive a copy for cost.
(11) The
				decision of the department following the reconsideration hearing shall be
				considered the department's final decision for the purpose of appealing the
				decision to district court.
(12)
				The hearing, any discovery, and other related matters are subject to the
				Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA, and ARM
				1.3.215 through
				1.3.225 and ARM
				1.3.230 through
				1.3.233.
(13) The department hereby adopts and
				incorporates by reference ARM
				1.3.215 through
				1.3.225 and ARM
				1.3.230 through 1.3.233, which
				contain attorney general's model rules for contested cases, implementing the
				Montana Administrative Procedure Act. Copies of the rules may be obtained from
				the Department of Public Health and Human Services, Office of Legal Affairs,
				1400 Broadway, P.O. Box 202951, Helena, MT 59620-2951, phone:
				(406)444-9503.
Sec.
					 50-5-103
					 and
					 50-5-306,
					 MCA; IMP, Sec.
					 50-5-306
					 and
					 50-5-310,
					 MCA;