Code of Massachusetts Regulations
113 CMR - HEALTH FACILITIES APPEALS BOARD
Title 113 CMR 1.00 - Rules Of Procedure
Section 1.01 - Appellate Review by the Board

(a) Any applicant for a certification of need, or comparable applicant, aggrieved by a determination of need made by the Department of Public Health under M.G.L. c. 11, § 25C, shall have the right to appeal such determination to the Board; provided that a proper claim of appeal is filed with the Board within 14 days after the determination of need. This time period is computed from the date of receipt of the determination of need by the appellant.

(b) The state comprehensive health planning agency, the regional comprehensive health planning agency, or agencies with geographical jurisdiction of the area to be served by the health care facility, and any ten taxpayers of the Commonwealth shall also enjoy this right of appeal.

(c) A person shall be considered "aggrieved" within the meaning of 113 CMR 1.00 if he has been substantially prejudiced by the determination or the determination will have the probable effect of wasting public monies.

(d) Appeals to the Board may be taken only from determinations of need made pursuant to M.G.L. c. 111, § 25C by the Department.

(a) In an appeal, the Board shall consider only whether the determination of need appealed form was an abuse of the Department's discretion, a failure to observe procedures required by law, including all regulations adopted by the Department regarding determinations of need, or a violation of applicable provisions of law.

(b) If determinations of fact have been made by the Department, the Board will not reject them unless mutually inconsistent, contradictory, or inconsistent with or not supported by the weight of the evidence upon which they were presumably based.

(c) In the event the Board determines that the record is inadequate to allow the required consideration, it may order a hearing.

(a) The parties to an appeal shall consist of the appellant, the applicant for the determination of need, each comparable applicant, each group of ten taxpayers of the Commonwealth who petition to intervene or who had previously requested a public hearing on the application, the regional comprehensive health planning agency or agencies with geographical jurisdiction over the area to be served by the health care facility, the state comprehensive health planning agency, the Executive Office of Elder Affairs, and the Department.

(b) Any person who is a party to an appeal by virtue of 113 CMR 1.01(3)(a) may withdraw as a party by filing a notice of withdrawal with the Board. Withdrawal shall take effect upon receipt.

(c) Any ten taxpayers of the Commonwealth, not already a party to an appeal, may file a petition to intervene as a party within 14 days of the Board's receipt of the claim of appeal in the case. Every such petition shall contain the name and address of each of the petitioning taxpayers, the title or a brief description of the appeal in which the ten taxpayers wish to intervene, a designation of a spokesman from among their number or an attorney who will represent them, and his business address.