W. Va. Code R. § 65-26-18

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 65-26-18 - Reconsideration

If a hospital or affected party wants the Authority to reconsider a final order, it shall file its request in writing and shall detail the reasons for the request for reconsideration. The Authority shall consider the following as reasons to grant a request for reconsideration:

a) a presentation of significant, relevant information not previously considered by the Authority, and a demonstration that with reasonable diligence the information could not have been presented before the Authority issued its final order;

b)a demonstration that there have been significant changes in factors or circumstances relied upon by the Authority in issuing its final order;

c)a demonstration that the Authority has materially failed to follow its adopted procedures in issuing its final order; or

d)any other basis the Authority determines constitutes good cause. An affected party shall file a request for reconsideration within thirty (30) days of the receipt of the final order by the requesting party. An affected party may ask for reconsideration without a public hearing. The Authority shall respond to the request for reconsideration in writing and shall state its reasons for granting or denying the request. The Authority is not required to hold a public hearing in every reconsideration proceeding. Instead, if the Authority determines that the issues do not involve a factual dispute or otherwise do not require the taking of further evidence upon the record, the Authority may issue its reconsideration decision without conducting a public hearing. In the event the Authority grants a reconsideration request but determines that a public hearing is not required, the Authority may enter additional evidence into the record.

W. Va. Code R. § 65-26-18