Iowa Administrative Code
Agency 641 - PUBLIC HEALTH DEPARTMENT
Chapter 202 - CERTIFICATE OF NEED PROGRAM
Rule 641-202.6 - Public hearing on application
Current through Register Vol. 46, No. 19, March 20, 2024
Public hearings conducted pursuant to Iowa Code section 135.66(3) "b " are not contested cases. Judicial review pursuant to Iowa Code section 17A.19 of final agency decisions under Iowa Code section 135.69 shall be treated as other agency action.
(1) The council shall use the following meeting format:
(2) The notice of an accepted application
issued pursuant to Iowa Code section
135.66(2)
shall inform the applicant and affected
persons of the deadlines for the submission to the department of written
statements or other materials. These deadlines will also be posted on the
certificate of need Web page on the department's Web site,
(3) The applicant, affected persons, or their designated representatives shall be given the opportunity to make oral presentations to the council. Other interested persons may be given the opportunity to make oral presentations to the council.
(4) Oral testimony that simply duplicates material received in writing will not be heard. The applicant and affected persons shall present only one witness for each issue raised unless permission is requested and granted by the chairperson.
(5) All questions to an applicant or affected person presenting oral testimony shall be directed from the council or council staff unless permission is requested and granted by the chairperson. Persons making oral presentations to the council are not expected to be placed under oath.
(6) The council may designate technical consultants or experts to assist in its activities as defined by the council.