Georgia Code
Article 3 - Certificate of Need Program
§ 31-6-44. Certificate of Need Appeal Panel

The burden of proof shall be on the appellant. Appellants or applicants shall proceed first with their cases before the hearing officer in the order determined by the hearing officer, and the department, if a party, shall proceed last. In the event of a consolidated hearing on applications which were joined for comparative review pursuant to subsection (f) of Code Section 31-6-43, the hearing officer shall have the same powers specified for the department in subsection (f) of Code Section 31-6-43 to order the issuance of no certificate of need or one or more certificates of need.
History. Code 1981, § 31-6-44 , enacted by Ga. L. 1983, p. 1566, § 1; Ga. L. 1986, p. 744, § 1; Ga. L. 1990, p. 1469, § 1; Ga. L. 1990, p. 1903, § 8; Ga. L. 1994, p. 684, § 3; Ga. L. 1999, p. 296, § 22; Ga. L. 2008, p. 12, § 1-1/SB 433; Ga. L. 2019, p. 148, § 1-9/HB 186.
The 2019 amendment, effective July 1, 2019, deleted the former last sentence of subsection (a), which read: “The terms of all members of the Health Planning Review Board serving as such on June 30, 2008, shall automatically terminate on such date.”; and, in subsection (d), rewrote the first sentence, which read: “Any applicant for a project, any competing applicant in the same batching cycle, any competing health care facility that has notified the department prior to its decision that such facility is opposed to the application before the department, or any county or municipal government in whose boundaries the proposed project will be located who is aggrieved by a decision of the department shall have the right to an initial administrative appeal hearing before an appeal panel hearing officer or to intervene in such hearing.”, and, in the third sentence, substituted “party that is permitted to oppose an application pursuant to paragraph (2) of subsection (d) of Code Section 31-6-43” for “competing applicant, or any competing health care facility, or any county or municipal government”.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2008, a second occurrence of the word “of” was deleted preceding “the date of” in the last sentence of subsection (i).
Editor’s notes.
Ga. L. 2008, p. 12, § 3-1/SB 433, not codified by the General Assembly, provides that the amendment to this Code section shall only apply to applications submitted on or after July 1, 2008.
Administrative rules and regulations.
Administration, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health Certificate of Need Appeal Panel, Chapter 274-1.
Law reviews.
For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986).
For annual survey of administrative law, see 56 Mercer L. Rev. 31 (2004).

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