Iowa Admin. Code rr. 641-202.6

Current through Register Vol. 46, No. 24, May 15, 2024

Rule 641-202.6 - [Effective 6/5/2024] Public hearing on application

Public hearings conducted pursuant to Iowa Code section 10A.716(3)"b" are not contested cases. Judicial review pursuant to Iowa Code section 17A.19 of final agency decisions under Iowa Code section 10A.719 will be treated as other agency action.

(1) The council will use the following meeting format:

a. Announcement of application under review.

b. Presentation of department report.

c. Applicant presentation.

d. Affected persons' presentation.

e. Applicant's rebuttal.

f. Council discussion, motion and final decision.

(2) The notice of an accepted application issued pursuant to Iowa Code section 10A.716(2) will inform the applicant and affected persons of the deadlines for the electronic submission to the department of written statements or other materials. These deadlines will also be posted on the certificate of need web page.

Written submissions received by the department after the deadlines established in this notice will not be considered by the department or the council unless submitted at the public hearing solely to support oral testimony or upon a showing of good cause.

(3) The applicant, affected persons, or their designated representatives will be given the opportunity to make oral presentations to the council. Other interested persons may be given the opportunity to make oral presentations to the council.

(4) Oral testimony that simply duplicates material received in writing will not be heard. The applicant and affected persons will present only one witness for each issue raised unless permission is requested and granted by the chair.

(5) All questions to an applicant or affected person presenting oral testimony will be directed from the council or council staff unless permission is requested and granted by the chair. Persons making oral presentations to the council are not expected to be placed under oath.

(6) The council may designate technical consultants or experts to assist in its activities as defined by the council.

Iowa Admin. Code rr. 641-202.6

Amended by IAB December 10, 2014/Volume XXXVII, Number 12, effective 1/14/2015

Adopted by IAB May 1, 2024/Volume XLVI, Number 22, effective 6/5/2024