WAC 246-310-560
Provision for reconsideration decision. (1) Any interested or affected person may, for good cause shown,
request a public hearing for the purpose of reconsideration of
the decision of the secretary's designee on a certificate of need
application or withdrawal of a certificate of need.1
(2) The department shall conduct a reconsideration hearing
if it finds the request is in accord with the following
requirements:
(a) The request for a reconsideration hearing shall be
written, be received by the department within twenty-eight days
of the department's decision on the certificate of need
application or withdrawal of the certificate of need, state in
detail the grounds which the person requesting the hearing
believes to show good cause, and be signed by the person making
the request.
(b) Grounds which the department may deem to show good cause
for a reconsideration hearing shall include but not be limited to
the following:
(i) Significant relevant information not previously
considered by the department which, with reasonable diligence,
could not have been presented before the department made its
decision;
(ii) Information on significant changes in factors or
circumstances relied upon by the department in making its
findings and decision; or
(iii) Evidence the department materially failed to follow
adopted procedures in reaching a decision.
(3) Scheduling of a reconsideration hearing shall occur
within thirty days after receipt of an approved request for a
hearing.
(4) Notification of a public reconsideration hearing on a
certificate of need application or withdrawal of a certificate of
need shall be sent prior to the date of such hearing by the
department to the following:
(a) The person requesting the reconsideration hearing;
(b) The person submitting the certificate of need
application which is under reconsideration or the holder of the
certificate of need;
(c) Health care facilities and health maintenance
organizations located in the health service area where the
project is proposed to be located providing services similar to
the services under review;
(d) In the case of a concurrent review, other applicants
competing as described in WAC 246-310-080; and to
(e) Other persons requesting the department to send them
such notification.
(5) The department shall, within forty-five days after the
conclusion of a reconsideration hearing, make written findings
stating the basis of the decision made after such hearing.
(6) The secretary's designee may, upon the basis of the
department's findings on a reconsideration hearing, issue or
reissue, amend, revoke, or withdraw a certificate of need or
impose or modify conditions on a certificate of need for the
project about which the reconsideration hearing was conducted.
(7) An applicant requesting a reconsideration hearing under
the provisions of this section does not forfeit his or her rights
to an adjudicative appeal under the provisions of WAC 246-310-610.
Note:
1No fee will be charged for a reconsideration hearing.