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 65-7-18 - Appeal of Certificate of Need Decision

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. The Office of Judges, Bureau of
				Employment Programs shall review a final decision of the board relating to the
				issuance, denial or withdrawal of a certificate of need, upon request by an
				affected person. If a reconsideration request was not filed with the board by
				an affected person, a request for review must be received by the Office of
				Judges within thirty (30) days after the date upon which the affected person
				filing the request for review received notice of the board's decision. If a
				reconsideration request was filed with the board by an affected person, the
				time within which to file a request for review is governed by subsection 17.10
				of this rule.
18.2. Affected
				persons shall address or deliver a request for review to: West Virginia Health
				Care Authority/Office of Judges, P.O. Box 3585, Charleston, West Virginia
				25328. Affected persons shall also address or deliver a copy of the request to
				the board.
18.3. To the extent not
				inconsistent with section 10 of the Act, for the purpose of administrative
				review of the board's decision, the Office of Judges shall conduct its
				proceedings in conformance with the West Virginia Rules of Civil Procedure and
				the Local Rules for the Circuit Court of Kanawha County, and its review of
				appeals in accordance with the provisions governing the judicial review of
				contested administrative cases in W. Va. Code §
									29A-5-4.
18.4. The board may stay the effect of the
				board's decision pending review. The stay shall be in writing and at the
				request of the person appealing the board's decision or the applicant seeking a
				certificate of need.
18.5. The
				person requesting a review of the board's decision shall, as part of the
				request, include an assignment of errors.
18.6. If a person requesting the review of
				the board's decision fails to appear at the date, time and place of the
				hearing, the Office of Judges shall, unless good cause is shown, dismiss the
				request for review.
18.7. The
				Office of Judges shall send its written findings to the person who requested
				the review, the person proposing the new institutional health service, all
				other affected parties and the board. The board shall make copies of the
				decision available to others upon request.
18.8. If the Office of Judges remands the
				matter to the board, the remand order may establish a date by which the board
				shall complete further action. The order shall also state whether any findings
				or rulings of the board have been reversed or revised.
18.9. The Office of Judges may grant a
				continuance of a hearing. If a request for a general continuance is made, and
				neither the person requesting the review or the applicant seeking the
				certificate of need for a new institutional service object, the Office of
				Judges may grant the request for a general continuance. If the continuance
				continues for more than one (1) year, the review is withdrawn with
				prejudice.