D.C. Mun. Regs. tit. 22, r. 22-B4308

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 22-B4308 - REVIEW DECISIONS

The Director's decision to approve, deny, modify, or revoke a CON shall be in writing and shall be based on the following:

(a) The review conducted pursuant to the Act and rules promulgated pursuant to the Act; and

(b) The record established in an administrative proceeding related to a CON application review, reconsideration, or a SHPDA proposal to revoke or modify a CON application. For the purposes of this section the record shall include SHPDA staff research, testimony from a public hearing, and the information the applicant has provided.

4308.2

The written decision shall state the findings of fact related to the CON, including:

(a) Whether the project is needed;

(b) Whether the project will meet SHPDA's CON application review criteria and standards; and

(c) Whether the applicant has complied or will be able to comply with uncompensated care requirements.

4308.3

SHPDA shall provide a copy of the written decision to the applicant and make a copy available to any other person upon request.

4308.4

If SHPDA approves the CON application the CON shall constitute the decision document.

4308.5

The Director shall not issue a CON unless the Director finds that the applicant has satisfied all of the requirements specified in Subsection 4308.2.

D.C. Mun. Regs. tit. 22, r. 22-B4308

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)

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.)).