W. Va. Code R. § 65-32-11

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

Section 65-32-11 - Appeal of Certificate of Need Decision

11.1. Decisions issued by the Authority prior to June 30, 2022, relating to the issuance, denial, or withdrawal of a certificate of need, shall be appealed by an affected person to the Office of Judges, West Virginia Office of the Insurance Commissioner. 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.

11.2. For the purpose of administrative review of the Authority'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.

11.3. The Authority may stay the effect of the Authority's decision pending review. The stay shall be in writing and at the request of the person appealing the Authority's decision or the applicant seeking a certificate of need.

11.4. The person requesting a review of the Authority decision shall, as part of the request, include assignment(s) of error.

11.5. If a person requesting the review of the Authority'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.

11.6. The Office of Judges shall send its written findings to the person who requested the review, the person proposing the new health service, all other affected parties and the Authority. The Authority shall make copies of the decision available to others upon request.

11.7. If the Office of Judges remands the matter to the Authority, the remand order may establish a date by which the Authority shall complete further action. The order shall also state whether any findings of rulings of the Authority have been reversed or revised.

11.8. The Office of Judges may grant a continuance of a hearing upon a showing of good cause. 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 health service object, the Office of Judges may grant the request for a general continuance. The Office of Judges may dismiss the appeal with prejudice if the continuance continues for an unreasonable period of time and for good cause shown.

W. Va. Code R. § 65-32-11