Rule 274-1-.03 - Request for Initial Administrative Appeal Hearing or Intervention(1) Any Applicant for a project, and any party that is permitted to oppose an application pursuant to paragraph (2) of subsection (d) of O.C.G.A. § 31-6-43 and has timely notified the Department, as required by the applicable certificate of need rules, prior to its decision that such party is opposed to the application before the Department, shall have the right to an initial administrative appeal hearing before an appeal panel hearing officer or to intervene in such hearing.(2) Such request for hearing or intervention shall be filed with the Chairperson of the Appeal Panel within thirty (30) days of the date the Department decision is issued, pursuant to O.C.G.A. § 31-6-43, or within thirty (30) days after the date the application is deemed to have been approved, if no decision is issued. A request for intervention shall be filed with the Chairperson of the Appeal Panel within ten (10) days of any request for hearing. Without exception to the status of the party, the request shall state with specificity which Certificate of Need application(s) is being appealed. Unless agreed otherwise by all of the parties or determined otherwise by the hearing officer to whom the case is assigned, an appeal of one application which was joined with one or more other applications by the Department, or an application which was reviewed concurrently in a batching review cycle by the Department, shall serve as an appeal of all of the joined or batched applications.(3) A request for an initial administrative appeal hearing before a hearing officer or to intervene in such a hearing shall be in writing and filed via the Department's web portal within the applicable thirty (30) day period. If the thirtieth (30th) day falls on a weekend or a federal or state holiday, the time for requesting an appeal or intervention shall be extended to the next business day. The date of receipt shall be the official date and timestamp stated on the electronic mail receipt confirmation for the web portal submission.Ga. Comp. R. & Regs. R. 274-1-.03
O.C.G.A. §§31-6, 31-6-44.
Original Rule entitled "Scope of Appeal Hearing" adopted as ER. 274-1-0.1-.03. F. July 21, 1983; eff. July 20, 1983, the date of adoption.Amended: Permanent Rule of same title adopted. F. Nov. 8, 1983; eff. Nov. 28, 1983.Repealed: New Rule entitled "Request for Initial Administrative Appeal Hearing or Intervention" adopted. F. Dec. 19, 1994; eff. Jan. 8, 1995.Amended: F. Aug. 15, 2002; eff. Sept. 4, 2002.Repealed: New Rule of same title adopted. F. Dec. 16, 2004; eff. Jan. 5, 2005.Amended: F. Sept. 29, 2006; eff. Oct. 19, 2006.Repealed: New Rule of same title adopted. F. Sept. 25, 2008; eff. Oct. 15, 2008.Amended: F. Aug. 12, 2022; eff. Sep. 1, 2022.