4308. REVIEW DECISIONS

4308 REVIEW DECISIONS 4308.1 The Director’s decision to approve, deny, modify, or revoke a CON shall be in writing and shall be based on the following: (a) The review conducted pursuant to the Act and rules promulgated pursuant to the Act; and (b) The record established in an administrative proceeding related to a CON application review, reconsideration, or a SHPDA proposal to revoke or modify a CON application. For the purposes of this section the record shall include SHPDA staff research, testimony from a public hearing, and the information the applicant has provided. 4308.2 The written decision shall state the findings of fact related to the CON, including: (a) Whether the project is needed; (b) Whether the project will meet SHPDA’s CON application review criteria and standards; and (c) Whether the applicant has complied or will be able to comply with uncompensated care requirements. 4308.3 SHPDA shall provide a copy of the written decision to the applicant and make a copy available to any other person upon request. 4308.4 If SHPDA approves the CON application the CON shall constitute the decision document. 4308.5 The Director shall not issue a CON unless the Director finds that the applicant has satisfied all of the requirements specified in Subsection 4308.2. SOURCE: Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014). District of Columbia Municipal Regulations Public Health and Medicine 22-B DCMR § 4308