§ 44–413. Administrative appeal.

(a) Following reconsideration by the SHPDA, or if the SHPDA denies a request for consideration, or has not granted a request for reconsideration pursuant to § 44-412(a) within 30 days after the request for reconsideration, the final decision of the SHPDA on the application for a certificate of need may be appealed by the SHCC, the applicant, or any previously appearing persons to the Office of Administrative Hearings.

(b) The Office of Administrative Hearings shall review the record and any additional evidence presented on behalf of the parties to the appeal. It shall take due account of the presumption of official regularity, the experience, and specialized competence of the SHPDA, and the purposes of this chapter. The Office of Administrative Hearings must make its written decision within 45 days of the conclusion of its review. The decision must be provided to the applicant, the SHPDA, the person requesting the hearing, and to any other person upon request. The decision of the Office of Administrative Hearings shall be considered the final decision of the SHPDA.

(Apr. 9, 1997, D.C. Law 11-191, § 14, 43 DCR 4535; Mar. 24, 1998, D.C. Law 12-81, § 17, 45 DCR 745; Apr. 13, 2005, D.C. Law 15-354, § 64(b), 52 DCR 2638.)

Prior Codifications

1981 Ed., § 32-363.

Effect of Amendments

D.C. Law 15-354, in subsec. (a), substituted “to the Office of Administrative Hearings” for “to the Board of Appeals and review established by Organization Order 112, dated August 11, 1955 (C.O. 55-1500) (‘Board of Appeals and Review’)”, and deleted the last sentence which read: “This appeal must be made within 30 days of the date of the SHPDA’s final decision on reconsideration issued under 44-412(d) or, if the SHPDA does not grant a request for reconsideration, within 30 days of the date it denies a request for reconsideration.”; and, in subsecs. (b) and (c), substituted “Office of Administrative Hearings” for “Board of Appeals and Review”.