Conduct of Hearings

Conduct of Hearings. All Certificate of Need hearings are open to the public. To expedite the conduct of the hearing, persons attending should sign in, listing their name, address, and organization. The hearing officer shall open the hearing, identify the participants responsible for recording, administer oaths, and admit into the record as Exhibit One the legal notice, as Exhibit Two the Department’s file, and as Exhibit Three the staff analysis. The hearing officer shall advise those present that the hearing is being conducted to discuss the merits of the application under consideration and that evidence concerning other pending or yet-to-be-offered applications not relevant to the matter in issue shall not be presented. Any Affected Person shall have the right to be represented by counsel, to present oral or written arguments and evidence relevant to the matter, and to conduct reasonable questioning of persons who make relevant factual allegations. A record of the hearing shall consist of a transcript of all testimony received, all documents and other material introduced by any interested person, the staff analysis and recommendation, and such other material as the hearing officer considers relevant, including the hearing officer’s recommendation.