Tenn. Comp. R. & Regs. 0720-13-.01 - GENERAL PROCEDURES FOR CONTESTED CASES

(1) Except as otherwise provided herein, all contested cases before the Agency will be conducted in accordance with T.C.A. §§ 4-5-301 et seq., 68-11-1610, with these Rules, and with the Rules of the Secretary of State Chapter 1360-04-01.

(2) Eligibility to appeal. Any person with legal standing, and who meets the requirements of T.C.A. § 68-11-1610 may petition the Agency for a contested case hearing to appeal the grant or denial of a certificate of need.

(3) Filing of petitions. Petitions for contested case hearings must be filed with the Agency pursuant to Rule 0720-08-.01 of the Health Services and Development Agency, and must be filed with the Agency 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 denied.

(4) Intervention. Any person with legal standing and who meets the requirements of T.C.A. § 4-5310 may file a petition for intervention in a contested case.

Notes

Tenn. Comp. R. & Regs. 0720-13-.01

Original rule filed August 31, 2005; effective November 14, 2005. Emergency rules filed September 28, 2021; effective through March 27, 2022. Amendments filed December 27, 2021; effective 3/27/2022.

Authority: T.C.A. §§ 4-5-202, 4-5-223, 4-5-310, 4-5-314, 68-11-1605, and 68-11-1610.