W. Va. Code R. § 65-7-17 - Reconsideration of Final Board Decision
17.1. Any person may request, in writing,
reconsideration of a decision rendered by the board on a certificate of need
application. If the request for reconsideration establishes good cause for
reconsideration, then the board shall grant the request. Upon request, the
board may grant a public hearing to consider the request for
reconsideration.
17.2. A request
for reconsideration is considered to have shown good cause if, in a detailed
statement, it:
17.2.a. Presents significant,
relevant information not previously considered by the board, and demonstrates
that with reasonable diligence the information could not have been presented
before the board made its decision;
17.2.b. Demonstrates that there have been
significant changes in factors or circumstances relied upon by the board in
reaching its decision;
17.2.c.
Demonstrates that the board has materially failed to follow its adopted
procedures in reaching its decision; or
17.2.d. Provides any other basis for a public
hearing as the board determines constitutes good cause.
17.3. The board must receive a request for
reconsideration within thirty (30) days after the date of the board's
decision.
17.4. The board or its
designee shall hold any hearing upon a request for reconsideration within
thirty (30) days of the board's receipt of the request. The board may extend
this time period for good cause.
17.5. The board shall send notification of a
reconsideration hearing prior to the date of the hearing, to the person
requesting the hearing, the applicant proposing the new institutional health
service and to any other person upon request.
17.6. The board shall hold the public
reconsideration hearing in accordance with the public hearing requirements of
this rule.
17.7. The board shall
issue its written findings which state the basis of its decision upon the
request for reconsideration within forty-five (45) days after the conclusion of
the hearing. The board may extend this time period for good cause.
17.8. The decision of the board upon
reconsideration is the final decision of the board subject to appeal pursuant
to the provisions of section 18 of this rule.
17.9. The board shall deny a request for
reconsideration which does not establish good cause.
17.10. If the board denies the request for
reconsideration, the initial decision of the board is the final decision and
the appeal period runs from the date of the order denying the reconsideration.
If the board grants the request for reconsideration, the appeal period runs
from the date of the decision upon reconsideration, which becomes the final
order as specified in subsection 17.8 of this rule.
Notes
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