216B.085 Hearing procedures -- Notification of cabinet's decisions -- Appeals.
292 words·~1 min read·
/ky/chapter-216b/216b-085A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)No later than fifteen
(15)days after the date the review commences, any affected
person may request a public hearing. Hearings shall be before a person designated
by the Office of Administrative Hearings within the Department of Law to serve as
hearing officer. The hearing officer shall be authorized to administer oaths, issue
subpoenas, subpoenas duces tecum, and all necessary process in the proceedings.
(2)If a hearing is requested, the Office of Administrative Hearings within the
Department of Law shall set a date, time, and place for a public hearing.
Reasonable notice of the hearing shall be given to all affected persons in
accordance with administrative regulations promulgated by the cabinet.
(3)At the hearing, any party to the proceedings shall have the right to be represented
by counsel, and to present oral or written arguments and evidence relevant to the
matter which is the subject of the hearing, and may conduct reasonable cross-
examination under oath of persons who make factual allegations relevant to such
matters. A full and complete record shall be maintained of the hearing.
(4)Any decision of the cabinet to issue or deny a certificate of need shall be based
solely on the record established with regard to the matter. All decisions granting,
denying, or modifying a certificate of need shall be made by the cabinet in writing.
The cabinet shall notify the parties to the proceedings of the decision and the
decision shall be final for purposes of judicial appeal unless a request for
reconsideration is filed. An approved certificate of need shall be issued forty
days after notice of the cabinet's decision unless a request for reconsideration is
filed or a judicial appeal is taken and issuance is enjoined by the court.