(1) Except as
otherwise provided herein, all contested cases before The Agency will be
conducted in accordance with T.C.A. §§
seq., 68-11-1610, with these Rules, and with the Rules
of the Secretary of State Chapter 1360-4-1.
(2) Eligibility to appeal. Any person with
legal standing, and who meets the requirements of T.C.A. § 6811-1610 may
petition The Agency for a contested case hearing to appeal the grant or denial
of a certificate of need.
Filing of petitions. Petitions for contested case hearings must be filed with
The Agency in triplicate pursuant to Rule 0720-8-.01 of the Health Services and
Development Agency, and must be received at The Agency offices within fifteen
(15) days of the date of The Agency's meeting at which the action which is the
subject of the petition took place. Simultaneous with filing, the petitioner
shall serve copies of the petition on all other parties in the matter. The
petitioner shall have the burden of proving, by a preponderance of the
evidence, that a certificate of need should be granted or should be
(4) Intervention. Any
person with legal standing and who meets the requirements of T.C.A. §
4-5-310 may file a petition for
intervention in a contested case.
Comp. R. & Regs.
Original rule filed August
31, 2005; effective November 14, 2005.
Authority: T.C.A. §§
4-5-223, 4-5-310, 4-5-314,
68-11-1605, and 68-11-1610.