Certificate of Need (CON) Appeal Panel

MEETING OF THE CERTIFICATE OF NEED APPEAL PANEL

Meeting Date: July 28, 2022

Time:              10:00 a.m.

Location:        Virtual

• There was no in-person attendance at the Department of Community Health, 2 Peachtree Street for this meeting

Agenda:  

1. Certificate of Need Appeal Panel Vote on Revised & Enhanced Notice of Proposed Rulemaking to Amend Certificate of Need Appeal Panel Rule 274-1-.04, Appeal Filing fees; Provisions for Amount and Payment

Documents:

• Notice of Proposed Rulemaking Ch. 274-1 - Updated 08/16/22
• Notice of Proposed Rulemaking 274-1-.04  - Updated 08/16/22
• CON Appeal Panel Meeting Minutes May 23, 2022  - Posted 05/24/22
• Revised and Enhanced Notice of Proposed Rulemaking to Amend Certificate of Need Appeal Panel Rule 274-1-.04, Appeal Filing Fees; Provisions for Amount and Payment - Posted 06/27/22
• CON Appeal Panel Meeting Minutes June 23, 2022 - Posted 08/01/22
• Order Adopting CON Appeal Panel Rule Amendments (.01-.03, .06, .10-.12) - Posted 08/01/22
• Rule 274-1 - Administration Various Effective September 1, 2022 - Posted 08/16/22
• Rule 274-1-.04 - Appeal Filing Fees Provision for Amount and Payment Effective September 1, 2022 - Posted 08/16/22
  • Order Adopting Rule 274-1-.04 - Posted 08/25/22

 

The Certificate of Need Appeal Panel consists of independent hearing officers appointed by the Governor in order to review the Department of Community Health’s initial decisions to grant or deny a Certificate of Need.

The Certificate of Need Appeal Panel approved the following rules on September 25, 2008 for final adoption.  These rules became effective October 15, 2008.

• 274-1-01 Administration
• 274-1-02 Definitions
• 274-1-03 Request for Initial Administrative Appeal Hearing or Intervention
• 274-1-04 Appeal Filing Fees; Provisions for Amount and Payment
• 274-1-05 Assignment of Hearings; Review of Initial Administrative Appeal and Intervention Requests
• 274-1-06 Scheduling and Notice of Initial Administrative Appeal Hearing
• 274-1-07 Time of Initial Administrative Appeal Hearing
• 274-1-08 Place of Initial Administrative Appeal Hearing
• 274-1-09 Scope of Initial Administrative Appeal Hearing
• 274-1-10 Conduct of Initial Administrative Appeal Hearing
• 274-1-11 Decision of Hearing Officer
• 274-1-12 Finality of Hearing Officer's Decision; Optional Review of Hearing Officer's Decision by Department
• 274-1-13 Commissioner (Or His or Her Designee) Review
• 274-1-14 (Repealed)
• 274-1-15 (Repealed)
• 274-1-16 (Repealed)
• 274-1-17 (Repealed)
• 274-1-18 Prohibition Against Ex-Parte Contact
• 274-1-19 Record of Proceedings
• 274-1-20 Judicial Review