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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 22. HEALTH |
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SubTilte 22-B. PUBLIC HEALTH AND MEDICINE |
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Chapter 22-B43. CERTIFICATE OF NEED REVIEW PROCEDURES |
Section 22-B4305. EX PARTE CONTACTS
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4305.1There shall be no ex parte contacts between:
(a)A person acting on behalf of the applicant or a CON holder, or any person opposed to or in support of issuing or modifying a CON or in favor of withdrawing a CON; and
(b)A person in SHPDA who exercises responsibility for reviewing the application or withdrawing the application.
4305.2There shall be no oral ex parte contacts after the commencement of a hearing for an application for a CON, a proposed modification, or withdrawal of a CON and until SHPDA makes a decision. An interested person, including the applicant, may make written ex parte contacts to the SHPDA after commencement of the hearing if SHPDA keeps the hearing record open after the hearing.
4305.3When SHPDA will not hold a hearing for a CON, a proposed modification, or a withdrawal, there shall be no oral ex parte contacts after the conclusion of the project review committee meeting for that application. An interested person, including the applicant, may make written ex parte contacts after the conclusion of the project review committee meeting if the project review committee allows additional time for an interested party to supply additional information.
4305.4If a SHPDA staff person or SHCC member receives an ex parte contact prohibited under this section, he or she shall, within forty-eight (48) hours after first having reason to believe that there was a prohibited contact, prepare and deliver a written statement summarizing the substance of an oral contact or the written communication, or a copy, to the Director’s designee, or deliver to the person the Director designates.
4305.5The Director or his or her designee shall make the statements or contacts available for inspection by placing them in a file separate from the public record of the application or proposed withdrawal under review.
4305.6If a member of SHCC occupies an employment, fiduciary, consulting, or other similar relationship (as described in the SHCC by-laws provision governing conflict of interest) with an applicant or a CON holder, the SHCC member shall be considered to be acting on behalf of the applicant or CON holder; and any contact between the SHCC member and SHPDA staff, Director, or other SHCC members occurring in the period specified in Subsection 4305.2 shall be subject to the ex parte contacts prohibition of this section, provided that the contacts are related to the matter in question.
4305.7For purposes of this section, the phrase “SHPDA staff” shall include the Director, staff, and the SHCC.
4305.8A request for information concerning the status of a review made in accordance with Section 4201 shall not be considered an ex parte contact.