Compilation of Rules and Regulations of the State of Georgia
Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL
Chapter 274-1 - ADMINISTRATION
Rule 274-1-.01 - Administration

(1) These Rules shall apply to and govern appeals under O.C.G.A. § 31-6-44. Effective July 1, 2008, there is created the Certificate of Need Appeal Panel, which shall be an agency separate and apart from the department and shall consist of a panel of independent hearing officers. The purpose of the Appeal Panel shall be to serve as a panel of independent hearing officers to review the Department's initial decision to grant or deny a certificate of need application. The Health Planning Review Board which existed on June 30, 2008, shall cease to exist after that date and the Certificate of Need Appeal Panel shall be constituted effective July 1, 2008.

(2) On and after July 1, 2008, the Appeal Panel shall be composed of members appointed by the Governor for a term of up to four (4) years each. The Governor shall appoint to the Appeal Panel attorneys who practice law in this state and who are familiar with the health care industry but who do not have a financial interest in or represent or have any compensation arrangement with any health care facility. Each member of the Appeal Panel shall be an active member of the State Bar of Georgia in good standing, and each attorney shall have maintained such active status for the five (5) years immediately preceding such person's appointment. The Governor shall name from among such members a Chairperson and a Vice Chairperson of the Appeal Panel. The Vice Chairperson shall have the same authority as the Chairperson; provided, however, the Vice Chairperson shall not exercise such authority unless expressly delegated by the Chairperson or in the event the Chairperson becomes incapacitated, as determined by the Governor. Vacancies on the Appeal Panel caused by resignation, death, or any other cause shall be filled for the unexpired term in the same manner as the original appointment. No person required to register with the Secretary of State as a lobbyist or registered agent shall be eligible for appointment by the Governor to the Appeal Panel.

(3) Members of the Appeal Panel shall serve as hearing officers for appeals that are assigned to them on a random basis by the Chairperson of the Appeal Panel. The members of the Appeal Panel shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by O.C.G.A. § 45-7-21., which provides for compensation and allowances of certain state officials; provided, however, that the Chairperson and Vice Chairperson of the Appeal Panel shall also be compensated for their services rendered to the Appeal Panel outside of attendance at an Appeal Panel meeting, such as for time spent assigning hearing officers, the amount of which compensation shall be determined according to regulations of the Department of Administrative Services. Appeal Panel members shall receive compensation for the administration of the cases assigned to them, including pre-hearing, hearing, and post-hearing work, in an amount determined to be appropriate and reasonable by the Department of Administrative Services. Such compensation to the members of the Appeal Panel shall be made by the Department of Administrative Services.

(4) To the extent not inconsistent with these Rules, the Rules of the Department of Community Health relating to certificate of need and health planning (including review considerations and standards), as amended from time to time, shall apply to and govern the decisions of the Appeal Panel.

(5) All documents filed with either the Appeal Panel or a hearing officer to whom a case has been assigned by any person (including any correspondence, motion, request for discovery, brief or other document) shall be filed via the Department's web portal and sent to each attorney of record (or directly to any party not represented by an attorney). The date of receipt by the Appeal Panel or assigned hearing officer shall be the official date and timestamp stated on the electronic mail receipt confirmation for the web portal submission.