Section 704. Notice of public meetings.
(a) Notification of the beginning of review of a certificate of need application shall be published by the department in the appropriate news media and in the Pennsylvania Bulletin in accordance with 45 Pa.C.S. Ch. 7 Subch. B (relating to publication of documents). The notice shall identify the schedule for review, the date by which a public meeting must be requested and the manner in which notice will be given of a meeting, if one is held.
(b) Interested persons may request a public meeting within 15 days of publication, and the department shall hold such a meeting or the department may require a public meeting during the course of such review. The department shall publish written notice of the meeting in the appropriate news media and the Pennsylvania Bulletin at least 14 days prior to the public meeting date. In the meeting, the applicant and any interested person providing prior notice to the department shall have the right to present oral or written comments and relevant evidence on the application in the manner prescribed by the department. The department shall prepare a transcript of the oral testimony presented at the meeting. Meetings shall be held in accordance with the guidelines and procedures established by the department and published in the Pennsylvania Code as a statement of policy. The department may require the applicant to provide copies of the application to any interested person making a request for such application, at the expense of the interested person.
(c) The applicant may, for good cause shown, request in writing a public hearing for the purpose of reconsideration of a decision of the department within ten days of service of the decision of the department. The department shall treat the request in accordance with the provisions of 1 Pa. Code § 35.241 (relating to application for rehearing or reconsideration). The department shall set forth the cause for the hearing and the issues to be considered at such hearing. If such hearing is granted, it shall be held no sooner than six days and no later than 30 days after the notice to grant such a hearing and shall be limited to the issues submitted for reconsideration. A transcript shall be made of the hearing and a copy of the transcript shall be provided at cost to the applicant. The department shall affirm or reverse its decision and submit the same to the person requesting the hearing within 30 days of the conclusion of such hearing. Any change in the decision shall be supported by the reasons for the change.
(d) Where hearings under subsection (b) are held on more than two days, consecutive days of hearings and intervening weekends and holidays shall be excluded in calculating the time permitted for the department to conduct its review, and, if briefs are to be filed, ten days subsequent to the adjournment of the hearing shall also be excluded.
(704 amended Dec. 18, 1992. P.L.1602, No.179)