2016 Kentucky Revised Statutes CHAPTER 216B - LICENSURE AND REGULATION OF HEALTH FACILITIES AND SERVICES .085 Hearing procedures -- Notification of cabinet's decisions -- Appeals.
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216B.085 Hearing procedures -- Notification of cabinet's decisions -- Appeals.
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Any time no later than fifteen (15) days after the date the review commences, any
affected person may request a public hearing. Hearings shall be before a person
designated by the secretary to serve as hearing officer. The hearing officer shall be
authorized to administer oaths, issue subpoenas, subpoenas duces tecum, and all
necessary process in the proceedings.
If a hearing is requested, the secretary shall set a date, time, and place for a public
hearing. Reasonable notice of the hearing shall be given to all affected persons in
accordance with administrative regulations promulgated by the cabinet.
At the hearing, any party to the proceedings shall have the right to be represented by
counsel, and to present oral or written arguments and evidence relevant to the
matter which is the subject of the hearing, and may conduct reasonable crossexamination under oath of persons who make factual allegations relevant to such
matters. A full and complete record shall be maintained of the hearing.
Any decision of the cabinet to issue or deny a certificate of need shall be based
solely on the record established with regard to the matter. All decisions granting,
denying, or modifying a certificate of need shall be made by the cabinet in writing.
The cabinet shall notify the parties to the proceedings of the decision and the
decision shall be final for purposes of judicial appeal unless a request for
reconsideration is filed. An approved certificate of need shall be issued forty (40)
days after notice of the cabinet's decision unless a request for reconsideration is
filed or a judicial appeal is taken and issuance is enjoined by the court.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 371, sec. 50, effective July 15, 1996. -- Amended
1994 Ky. Acts ch. 512, Part 7, sec. 36, effective July 15, 1994. -- Amended 1990 Ky.
Acts ch. 499, sec. 7, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 210, sec.
20, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 16, effective
July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 16, effective July 15, 1980.
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