Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-7-18 - Appeal of Certificate of Need Decision18.1. 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.