WAC 246-10-6035. Evidence in a certificate of need case

When a party contests the approval or denial of an application for a certificate of need, the evidence at hearing is limited to information and materials: (1) Provided to the certificate of need program (program) during the application process by the applicant or an interested or affected party; (2) Collected by the program during the application process; (3) Timely submitted and meeting the grounds for reconsideration of a program decision under WAC 246-310-560 ; or (4) Intended to clarify, explain, or correct evidence admitted under subsections (1) through (3) of this section. Evidence will be admitted under this subsection only if: (a) The evidence is of consequence to the determination of approving or denying the application; and (b) The evidence relates to facts in existence prior to whichever of the following occurred last: (i) The conclusion of a public hearing held in accordance with WAC 246-310-180 ; or (ii) The end of the public comment period.