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 65-7-25 - Declaratory Ruling or Ruling of Reviewability

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. A health care facility, health care
				provider or health maintenance organization regulated by the Act, or any person
				planning to acquire, offer or develop any new institutional health service may
				apply to the board for a declaratory ruling on any matter regulated by the Act
				or any rule promulgated under the Act.
25.2. Any person acquiring, offering or
				developing an institutional health service may apply to the board for a ruling
				regarding reviewability of the proposed institutional health service.
25.3. Persons who request a declaratory
				ruling or a ruling regarding reviewability shall make the request in writing.
				They shall address the request to: Chairman, West Virginia Health Care
				Authority, 100 Dee Drive, Suite 201, Charleston, West Virginia 25311. The
				request shall contain a verification signed by the Chief Executive
				Officer.
25.4. Upon receipt of a
				request for declaratory ruling or a ruling regarding reviewability, the board
				shall issue its ruling within sixty (60) days of its receipt of the request.
				The board shall serve the ruling upon the person requesting the ruling and
				shall make the ruling available to any other person upon request and on payment
				of the cost set out in the fee schedule adopted by the board.
25.5. The board shall publish notice of its
				declaratory ruling or ruling regarding reviewability in the Saturday Charleston
				newspapers.
25.6. Any affected
				person may, within ten (10) days of the published notice, request a
				reconsideration of the board's ruling regarding reviewability. The affected
				person shall make the request for reconsideration in writing and shall set
				forth with particularity the reasons for the request. The affected person shall
				address the request to: General Counsel, West Virginia Health Care Authority,
				100 Dee Drive, Suite 201, Charleston, West Virginia 25311.
25.7. Upon receipt of a request for
				reconsideration, the board shall, within thirty (30) days, determine whether
				the request will be granted. If the board grants the request, it shall
				determine whether sufficient grounds are established to hold a public hearing
				or whether the reconsideration is upon the record and any written matters
				submitted to the board pursuant to the requirements of subsection 25.10 of this
				rule. The board shall serve notice of the board's decision regarding
				reconsideration upon all affected persons.
25.8. The board's determination of whether to
				hold a public hearing or to consider the request upon the record and other
				written matters submitted pursuant to section 25.10 is final and
				nonreviewable.
25.9. The board
				shall publish notice of its decision regarding reconsideration in the Saturday
				Charleston newspapers. The notice shall identify the person or entity
				requesting the ruling, the nature of the original ruling, and the date, time
				and place of a public hearing on the matter if one is to be held.
25.10. If the board determines that a review
				shall be upon the record, it shall establish a schedule for the submission of
				written matters. Any affected person may submit proposed findings of fact and
				conclusions of law and/or legal briefs within the time established by the
				board. The board must issue a final ruling on or before the forty-fifth day
				after the submission of all written matters.
25.11. If the board determines that it should
				hold a hearing on the request for reconsideration, the hearing shall be held
				within thirty (30) days of the publication required by subsection 25.9 of this
				rule unless the board, for good cause shown, sets a later date.
25.12. The board may conduct a prehearing
				conference in accordance with Rule 16 of the West Virginia Rules of Civil
				Procedure. The parties may engage in discovery as provided by the West Virginia
				Rules of Civil Procedure. The scope of any discovery is limited to relevant and
				admissible evidence.
25.13. At the
				conclusion of any hearing, the parties shall submit proposed findings of fact
				and conclusions of law or legal briefs if required by the board. The board has
				forty-five (45) days from the receipt of those items or the closure of the
				record if those items are not tendered to make its determination in
				writing.