Section 641.202.6. Public hearing on application.

Public hearings conducted pursuant to Iowa Code section 135.66(3)“b” are not contested cases. Judicial review pursuant to Iowa Code section 17A.19 of final agency decisions under Iowa Code section 135.69 shall be treated as other agency action.

         202.6(1) The council shall use the following meeting format:

            a.               Announcement of application under review.

            b.               Presentation of department report.

            c.               Applicant presentation.

            d.               Affected persons’ presentation.

            e.               Applicant’s rebuttal.

            f.                Council discussion, motion and final decision.

         202.6(2) The notice of an accepted application issued pursuant to Iowa Code section 135.66(2) shall inform the applicant and affected persons of the deadlines for the submission to the department of written statements or other materials. These deadlines will also be posted on the certificate of need Web page on the department’s Web site, www.idph.state.ia.us.

            a.               Written submissions received by the department after the deadlines established in this notice shall not be considered by the department or the council unless submitted at the public hearing solely to support oral testimony or upon a showing of good cause.

            b.               Applicants and affected persons shall submit all written materials electronically. If electronic submission is not possible, then an original and six copies must be submitted.

         202.6(3) The applicant, affected persons, or their designated representatives shall be given the opportunity to make oral presentations to the council. Other interested persons may be given the opportunity to make oral presentations to the council.

         202.6(4) Oral testimony that simply duplicates material received in writing will not be heard. The applicant and affected persons shall present only one witness for each issue raised unless permission is requested and granted by the chairperson.

         202.6(5) All questions to an applicant or affected person presenting oral testimony shall be directed from the council or council staff unless permission is requested and granted by the chairperson. Persons making oral presentations to the council are not expected to be placed under oath.

         202.6(6) The council may designate technical consultants or experts to assist in its activities as defined by the council.

[ARC 1748C, IAB 12/10/14, effective 1/14/15]