Public hearings conducted pursuant to Iowa Code section
10A.716(3)
"b" are not contested cases. Judicial review
pursuant to Iowa Code section
17A.19 of final agency decisions
under Iowa Code section
10A.719 will be treated as other
agency action.
(1) The council will
use the following meeting format:
a.
Announcement of application under review.
b. Presentation of department
report.
c. Applicant
presentation.
d. Affected persons'
presentation.
e. Applicant's
rebuttal.
f. Council discussion,
motion and final decision.
(2) The notice of an accepted application
issued pursuant to Iowa Code section
10A.716(2)
will inform the applicant and affected persons of the deadlines for the
electronic submission to the
department of written statements or other
materials. These deadlines will also be posted on the certificate of need web
page.
Written submissions received by the department after the
deadlines established in this notice will not be considered by the department
or the council unless submitted at the public hearing solely to support oral
testimony or upon a showing of good cause.
(3) The applicant, affected persons, or their
designated representatives will be given the opportunity to make oral
presentations to the council. Other interested persons may be given the
opportunity to make oral presentations to the council.
(4) Oral testimony that simply duplicates
material received in writing will not be heard. The applicant and affected
persons will present only one witness for each issue raised unless permission
is requested and granted by the chair.
(5) All questions to an applicant or affected
person presenting oral testimony will be directed from the council or council
staff unless permission is requested and granted by the chair. Persons making
oral presentations to the council are not expected to be placed under
oath.
(6) The council may designate
technical consultants or experts to assist in its activities as defined by the
council.
Notes
Iowa Admin. Code
r. 641-202.6
Amended by
IAB
December 10, 2014/Volume XXXVII, Number 12, effective
1/14/2015
Adopted by
IAB
May 1, 2024/Volume XLVI, Number 22, effective
6/5/2024
