Section 22-B4310. RECONSIDERATION OF REVIEW DECISIONS

 

4310.1An affected person may request reconsideration of the review decision within thirty (30) days after the date of decision.

 

4310.2The Director shall grant a request for reconsideration and shall hold a public hearing, if good cause is shown.

 

4310.3For purposes this section “good cause” may be demonstrated as follows:

 

(a)By presenting significant and relevant information not previously considered by SHPDA. Information that could have been presented during the course of review with reasonable diligence shall not be considered good cause for the purpose of this section;

 

(b)  By demonstrating that there has been a significant change in a factor or circumstance the Director relied on to reach a review decision. Those factors may include the opening or closure of other facilities, changes in reimbursement policies of major third party payers, or changes in SHPDA’s criteria or standards or the HSP after the date of the review decision (but before expiration of the period to request reconsideration);

 

(c)By demonstrating that SHPDA materially failed to follow its review procedures as specified in the Act and this title. A “material failure” is one that may reasonably be believed to have affected the outcome of the Director’s review decision, that prevented the presentation of relevant information in time to be considered by the Director, or that involves an alleged violation of the prohibition on ex parte contacts specified in D.C. Official Code § 44-409(i); or

 

(d) By presenting other information that leads the Director to conclude that “good cause” is shown and a public hearing for reconsideration is in the public interest.

 

4310.4If the Director finds good cause and grants reconsideration, the Director shall convene a public hearing within forty-five (45) days after a finding of good cause.

 

4310.5The Director shall give notice of the hearing to the person requesting the hearing, the applicant for the CON in question, SHCC, and the general public.

 

4310.6Notice of the public hearing shall be published in a newspaper of general distribution within the District.

 

4310.7There shall be no ex parte contacts between any party and any member of SHPDA staff or SHCC related to the decision after the reconsideration hearing adjourns.

 

4310.8A reconsideration public hearing is an informational hearing at which the CON applicant and any other person may submit oral or written testimony. The hearing is not a “contested case” hearing as that term is defined in D.C. Official Code § 2-502.

 

4310.9A person proposing to give oral testimony at a public hearing for reconsideration (except the person requesting the hearing and the applicant or CON holder being reconsidered) shall schedule testimony with SHPDA at least one (1) business day before the hearing.

 

4310.10A person who does not schedule oral testimony in advance shall be permitted to testify after all scheduled testimony has been presented.

 

4310.11The person who requested reconsideration and the CON holder (if different from the person requesting reconsideration) shall each have one (1) hour to make a presentation. One (1) or more persons may present testimony on behalf of the applicant or the person who requested the reconsideration.

 

4310.12Any other person or group shall be permitted to present oral testimony for up to ten (10) minutes.

 

4310.13A member of SHPDA staff may address questions, at the discretion of the hearing officer, to a person presenting oral testimony.

 

4310.14The time spent asking and responding to questions shall not count against the time limit of the person testifying.

 

4310.15A person may submit written testimony to SHPDA before the hearing, at the hearing, or at any time before the hearing record closes.

 

4310.16The hearing officer may close the record at the end of all oral testimony or hold the record open for a period of time not to exceed fourteen (14) days following the end of oral testimony.

 

4310.17The Director or the hearing officer may, under special circumstances, extend the time limits for presentations prescribed in this section.

 

4310.18The Director may limit the scope of the hearing as follows:

 

(a)To the matters for which “good cause” was demonstrated in the reconsideration request; 

 

(b)To issues of substantial progress or justification for lack of progress for a CON proposed to be withdrawn because of lack of progress; or

 

(c)To evidence of subsequent occurrences or information not previously available.

 

4310.19SHPDA shall maintain a verbatim record of the hearing by making a sound recording or by making a transcription of the proceeding.

 

4310.20SHPDA shall make a copy of the recorded hearing available upon payment of a reasonable fee to cover the cost of duplication.

 

4310.21The Director shall issue a written decision, including findings of fact and conclusions of law, within thirty (30) days following the close of the hearing record.

 

4310.22The Director may affirm, modify, or reverse the original SHPDA decision.

 

4310.23  The Director’s decision shall constitute the final decision of SHPDA for all purposes.

 

 

authority

§ 22 of the Health Services Planning Program Re-establishment Act of 1996 (Act), effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-421 (2012 Repl.)).

source

Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014).