Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 100.000 - Determination of Need
Section 100.445 - Public Hearing
Current through Register 1531, September 27, 2024
(A) The Commissioner shall order a public hearing upon the written request made by any Party of Record within 30 days following the Application's Filing Date pursuant to 105 CMR 100.435; and may, in his or her discretion, order one or more public hearing(s) whenever, in his or her opinion, a public hearing would aid the Department Staff in carrying out its duties pursuant to 105 CMR 100.000.
(B) The purpose of a public hearing pursuant to 105 CMR 100.445 shall be to allow any Person to make their views known with respect to an Application before the Department. Such public hearing shall not be adjudicatory in nature, but shall be a public forum for the presentation of any comment(s) that may be relevant to the consideration of an Application.
(C) A public hearing ordered by, or requested from, the Commissioner may be held at any time. If feasible, every public hearing shall be held at a location in the Primary Service Area of the Proposed Project. Department Staff, at least ten days before any scheduled public hearing, shall provide notification of the time, place, and nature of such hearing to each Party of Record and shall publish notification of the hearing within the Primary Service Area of the Proposed Project.
(D) A designated representative of the Department shall conduct any public hearing pursuant to 105 CMR 100.445.
(E) The Commissioner may request a transcript of the public hearing to be provided at the expense of the Applicant.
