Alaska Administrative Code
Title 7 - Health and Social Services
Part 1 - Administration
Chapter 07 - Certificate of Need
7 AAC 07.082 - Hearing for modification, suspension, or revocation of an existing certificate of need

(a) The department, a member of the public who is substantially affected by activities authorized by a certificate of need, or another applicant for a certificate of need may initiate an administrative hearing under this section for purposes of seeking review on a modification, suspension, or revocation of an existing certificate of need, by filing an accusation in accordance with (b) - (d) of this section. The accusation must be filed with the department no later than 30 days of the date of publication of the notice under 7 AAC 07.072 if the accusation is seeking a review of a decision made under 7 AAC 07.070.

(b) A hearing to seek modification of an existing certificate of need must conform to the requirements of AS 18.07.081(b) and AS 44.62.360.

(c) A hearing to request a suspension of an existing certificate of need must conform to the requirements of AS 18.07.081(c) and AS 44.62.360.

(d) A hearing to request a revocation of an existing certificate of need must conform to the requirements of AS 18.07.081(d) and AS 44.62.360.

(e) The department may intervene as a right as a party in an administrative hearing concerning an accusation filed under (a) of this section by a member of the public who is substantially affected by activities authorized by a certificate of need or by another applicant for a certificate of need. If the department does not exercise its right to intervene, the department's role is limited to issuing a decision on the accusation, and the department is not a party.

(f) A hearing under this section will be conducted in accordance with AS 44.62.330-44.62.640.

(g) The commissioner may consolidate hearings granted under this section.