West Virginia Code of State Rules › Agency 65 - Health Care Authority › Title 65 - LEGISLATIVE RULE HEALTH CARE AUTHORITY › Series 65-07 - Certificate Of Need Rule › Section 65-7-16 - Exemption Review Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Any person seeking an exemption pursuant to section 15 of this rule or pursuant
				to rules promulgated by the board shall file with the board a letter of intent
				to do so at least fifteen (15) days before the submission of a formal request
				for exemption. The letter of intent shall contain sufficient information to
				advise the board of the nature of the exemption sought and outline the grounds
				for the exemption.
16.2. Upon
				receipt of the letter of intent, the board shall publish a notice in the
				Saturday Charleston newspapers and the State Register. The notice shall
				identify the legal entity seeking an exemption, the type of exemption requested
				and a description of the proposal. The notice shall also state the rights of
				affected parties to a hearing.
16.3. The applicant shall file an exemption
				application with the board no sooner than the fifteenth day or later than the
				thirtieth day following the filing of a letter of intent. The chief executive
				officer and the person or persons who prepared the application shall each sign
				a verification and attach it to the application. Upon receipt of the
				application, the board has fifteen (15) days in which to determine whether or
				not the application is complete. If the application is not complete, the board
				may request additional information. Upon receipt of the additional information,
				the board has fifteen (15) days to determine if the application is
				complete.
16.4. Upon determining
				that the application is complete, and after the date has passed in which an
				affected person may request a hearing, the board shall publish a notice in the
				Saturday Charleston newspapers and the State Register. The notice shall
				identify the legal entity seeking the exemption, the type of exemption
				requested and describe the proposal. If a hearing has been requested, the
				notice shall also state the time, date and place of hearing.
16.5. If no hearing has been requested by an
				affected party, the board shall render its decision on the exemption request
				within ten (10) days of the publication required by subsection 16.4. of this
				rule.
16.6. If a hearing has been
				requested by an affected party, the board shall hold a hearing within thirty
				(30) days of the request unless the board sets a later date upon a showing of
				good cause. At the conclusion of the hearing, the parties may submit proposed
				findings of fact and conclusions of law or legal briefs within five (5) days of
				the receipt of the transcript and the board may extend this period only with
				the consent of the applicant. The board then has ten (10) days from the receipt
				of these items, or the closure of the record if those items are not tendered,
				to render its written decision.
16.7. The board may conduct a prehearing
				conference in accordance with Rule 16 of the West Virginia Rules of Civil
				Procedure. The affected parties may engage in discovery as provided by the West
				Virginia Rules of Civil Procedure. The scope of any discovery permitted by this
				section is limited to relevant and admissible evidence. Affected parties shall
				file a copy of the certificate of service attached to the discovery request and
				a copy of the certificate of service attached to the response to the discovery
				with the board. Affected parties shall not file copies of the actual discovery
				or responses with the board.
16.8.
				Only an affected party may request a hearing and the affected party shall file
				the request, in writing, with the board within ten (10) days of the publication
				of the notice in the Charleston Saturday newspapers as described in subsection
				16.2 of this rule.