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Alaska Administrative Code (Last Updated: January 12, 2017) |
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Title 7. Health and Social Services. |
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Part 7.1. Administration. |
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Chapter 7.07. Certificate of Need. |
Section 7.07.082. Hearing for modification, suspension, or revocation of an existing certificate of need.
Latest version.
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(a) The department, a member of the public who is substantially affected by activities authorized by a certificate of need, or another applicant for a certificate of need may initiate an administrative hearing under this section for purposes of seeking review on a modification, suspension, or revocation of an existing certificate of need, by filing an accusation in accordance with (b) - (d) of this section. The accusation must be filed with the department no later than 30 days of the date of publication of the notice under 7 AAC 07.072 if the accusation is seeking a review of a decision made under 7 AAC 07.070. (b) A hearing to seek modification of an existing certificate of need must conform to the requirements of AS 18.07.081(b) and AS 44.62.360. (c) A hearing to request a suspension of an existing certificate of need must conform to the requirements of AS 18.07.081(c) and AS 44.62.360. (d) A hearing to request a revocation of an existing certificate of need must conform to the requirements of AS 18.07.081(d) and AS 44.62.360. (e) The department may intervene as a right as a party in an administrative hearing concerning an accusation filed under (a) of this section by a member of the public who is substantially affected by activities authorized by a certificate of need or by another applicant for a certificate of need. If the department does not exercise its right to intervene, the department's role is limited to issuing a decision on the accusation, and the department is not a party. (f) A hearing under this section will be conducted in accordance with AS 44.62.330 - 44.62.640. (g) The commissioner may consolidate hearings granted under this section.
Authorities
18.07.031;18.07.101