Current through Register Vol. 54, No. 44, November 2, 2024
(a) The Department will file with the Hearing
Board a certified copy of the record below within 20 days of the filing of a
notice of appeal.
(b) In the case
of appeals filed under §
197.32(a)(4)
(relating to appealable decisions), the record will consist of the Department's
letter of determination that the project is reviewable, together with other
documents, telephone logs, memoranda and exchange of correspondence between the
Department, the appellant and the health systems agency relating to the
determination of reviewability.
(c)
The record below shall include the following certification:
(1) The attached documents are a true and
complete copy of the official project file of the certificate of need
application for Project No. ________.
(2) The official project file of Project No.
______ constitutes the documentary record upon which the Department based its
decision on the project.
(3) All
documents which were reviewed by the Department during its review of the
certificate of need application for Project No. _______ are contained in or are
identified in the official project file.
(4) The official project file includes all
existing internal notes, work papers and memoranda prepared by, sent to or
received by personnel in the Department regarding the certificate of need
review of the project. Material within the scope of the attorney-client
privilege is excluded.
(5) All
communication regarding the certificate of need review of the project between
the Department and a person or health systems agency, other than status reports
as defined in State and Federal statutes and regulations, are contained in the
official project file.
(6) All
existing handwritten notes of meetings or communications prepared by Department
personnel concerning the certificate of need review of the project are
contained in the official project file.
(7) All telephone conversation memoranda and
meeting minutes are based upon notes made contemporaneously with the events
described therein, even if typed and edited at a later time.
(8) The written policies, practices and
procedures of the local health systems agencies are public documents, and, as
such, are not included in each individual project file.
(9) Relevant portions of the applicable
health systems plan and the State Health Plan are public documents, and, as
such, are not included in each individual project file.
(d) Subject to §
197.37 (relating to objections to
the record), certification by the Department will serve to close the record
below.
The provisions of this §197.36 amended under section
805(b) of the Health Care Facilities Act (35 P. S. §
448.805(b)); and
2
Pa.C.S. §
102(a).
This section cited in 37 Pa. Code §
197.15 (relating to recording of
proceedings).
