Except as otherwise provided herein, all contested cases before the Agency will
be conducted in accordance with T.C.A. §§
with these Rules, and with the Rules of the Secretary of State Chapter
(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.
Filing of petitions. Petitions for
contested case hearings must be filed with the Agency pursuant to Rule
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.
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.
Tenn. Comp. R. & Regs.
Original rule filed August 31, 2005; effective November 14, 2005.
Emergency rules filed September 28, 2021; effective through
Authority: T.C.A. §§
68-11-1605, and 68-11-1610.