Georgia Administrative Code

(1) These Rules shall apply to and govern appeals under O.C.G.A. § 31-6-44. Effective July 1, 2008, there is created the Certificate of Need Appeal Panel, which shall be an agency separate and apart from the department and shall consist of a panel of independent hearing officers.…

(1) "Appeal Panel" means the panel of attorneys appointed by the Governor to review the Department's initial decision to grant or deny a certificate of need application. (2) "Appellant" means the person who files an appeal with the Appeal Panel. (3) "Applicant" means the person w…

(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 …

(1) In the event an appeal is filed, the appeal shall be accompanied by payment of a filing fee of $7,500.00. The fee shall be made using one of the methods of payment listed on the "Approved Methods of Payment for the Appeal Filing Fee" posted on the Department's website at http…

(1) In the event an appeal is requested, the Chairperson of the Appeal Panel shall appoint a hearing officer for each such hearing within thirty (30) days after the date the appeal is received. The Chairperson shall immediately deliver the appeal request and any other related doc…

(1) Within fourteen (14) days after the appointment of the hearing officer, such hearing officer shall confer with the parties and set the date or dates for the hearing. The hearing officer shall provide the parties with written notice sent regular mail or electronic mail at leas…

(1) The hearing shall be scheduled not less than sixty (60) days nor more than one hundred and twenty (120) days after the filing of the request for a hearing, unless the Applicant consents, or in the case of competing Applicants, all applicants consent to an extension of this ti…

The initial administrative appeal hearing shall be held at the offices of the Department (2 Peachtree Street, NW, Atlanta, Georgia 30303) or, if those offices are unavailable at the scheduled time of the hearing, or are insufficient to accommodate the hearing for any reason, at s…

(1) The issue for the decision by the hearing officer shall be: (a) whether, and the hearing officer shall order issuance of a Certificate of Need if, in the hearing officer's judgment, the application is consistent with the considerations as set forth in O.C.G.A. § 31-6-42 and t…

(1) The initial administrative hearing shall be conducted as a full evidentiary hearing in accordance with Chapter 13 of Title 50, the Georgia Administrative Procedure Act, relating to contested cases, except as otherwise specified in O.C.G.A. § 31-6-44 or these Rules. In additio…

(1) Within thirty (30) days after the conclusion of the hearing, the hearing officer shall make written findings of fact and conclusions of law as to each consideration as set forth in O.C.G.A. § 31-6-42. and the Department's Rules, including a detailed statement of the reasons f…

(1) The decision of the Appeal Panel hearing officer will become the final decision of the Department upon the sixty-first (61[st]) day following the date of the decision unless an objection thereto is filed with the Commissioner within the time limit established in subsection (2…

(1) In the event an appeal of the hearing officer's decision is filed, the Commissioner or his or her designee, may adopt the hearing officer's order as the final order of the Department. The Commissioner may reject or modify the conclusions of law over which the Department has s…

After the issuance of a decision by the Department pursuant to O.C.G.A. § 31-6-43, no party to an appeal hearing, nor any person on behalf of such party, shall make any ex parte contact with the hearing officer appointed to conduct the appeal hearing or the Commissioner, or his o…

The record of proceedings shall be maintained at the Office of General Counsel, Department of Community Health, 2 Peachtree Street, N.W., 5th Floor, Atlanta, Georgia 30303, and copies of such records as well as copies of all documents received in evidence shall be available to th…

(1) Any party to the initial administrative appeal hearing conducted by the appointed Appeal Panel hearing officer, excluding the Department, may seek judicial review of the final decision in accordance with the method set forth in O.C.G.A. §51-13et seq., the Georgia Administrati…

The Georgia State Board of Hearing Aid Dealers and Dispensers shall consist of seven members; four of whom shall hold licenses issued by the board and one of whom shall be a diplomat or eligible for certification by the American Board of Otolaryngology and licensed to practice me…