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Title 7 . Health and Social Services
Chapter 7 . Assistance for Community Health Facilities
Section 80. Hearing and appeal

7 AAC 07.080. Hearing and appeal

(a) An applicant or a person substantially affected by activities authorized by a certificate of need, who is dissatisfied with a decision of the department to require a certificate of need or a decision of the commissioner to grant, deny, or modify a certificate of need, is entitled to a hearing if the request for a hearing is made in writing and received by the department no later than 30 days after the applicant receives the decision.

(b) The department will conduct a hearing granted under this section in accordance with AS 44.62.330 - 44.62.640. The commissioner may consolidate hearings granted under (a) of this section.

(c) No later than 15 days before a hearing under this section, the department will mail written notice of the time and place of the hearing to the person requesting the hearing and to the applicant. The department will mail a copy of the notice to other persons who request notice no later than 15 days before the hearing unless the request is made too late to meet that deadline, in which case the department will promptly provide the notice by electronic mail or facsimile transmission.

(d) The department will not charge a fee for conducting a hearing granted under this section.

History: Eff. 10/26/77, Register 64; am 8/13/80, Register 75; am 6/3/88, Register 106; am 8/14/2005, Register 175

Authority: AS 18.07.101


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Last modified 7/05/2006