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-.09 - Scope of Initial Administrative Appeal Hearing

(a) whether, and the hearing officer shall order issuance of a Certificate of Need if, in the hearing officer's judgment, the application is consistent with the considerations as set forth in O.C.G.A. § 31-6-42 and the Department's Rules, as the hearing officer deems such considerations and Rules applicable to the review of the project;

(b) whether the Department committed prejudicial procedural error in its consideration of the application; and

(c) whether the appeal lacks substantial justification; and

(d) whether such appeal was undertaken primarily for the purpose of delay or harassment.

(a) the correctness, adequacy, or appropriateness of the considerations, rules, or standards by which the proposed project was reviewed by the Department; and

(b) the determination of whether a proposed project is subject to review under O.C.G.A. § 31-6-1et seq. and the Department's Rules.