77687232.1-102.6Virginia Decodedhttps://vacode.org2016HealthHealth Care PlanningMedical Care Facilities Certificate Of Public NeedAdministrative procedures1982, c. 388; 1984, c. 740; 1991, c. 561; 1999, cc. 899, 922; 2000, c. 931; 2004, cc. 71, 95; 2005, c. 404; 2009, c. 175; 2010, c. 646.Johnston-Willis Ltd. v. KenleyRecord No. 1288-86-2369 S.E.2d 11988-05-03https://www.courtlistener.com/opinion/1379777/johnston-willis-ltd-v-kenley/ . . . pursuant to procedures established by Code § 32.1-102.6. Johnston-Willis proposed to establish new . . . <abbr title="Court of Appeals">COA</abbr>Bio-Medical Applications v. KenleyRecord No. 0704-85358 S.E.2d 7221987-07-07https://www.courtlistener.com/opinion/1216708/bio-medical-applications-v-kenley/ . . . competing application. . . . <abbr title="Court of Appeals">COA</abbr>State Bd. of Health v. VA. HOSP. ASS'NRecord No. 0099-84332 S.E.2d 7931985-08-06https://www.courtlistener.com/opinion/1322048/state-bd-of-health-v-va-hosp-assn/ . . . This appeal involves interpretation of Code § 32.1-102.6(E) as amended in 1984. Implementing the . . . <abbr title="Court of Appeals">COA</abbr>Roanoke Memorial Hospitals v. Kenley352 S.E.2d 5251987-01-06https://www.courtlistener.com/opinion/1340546/roanoke-memorial-hospitals-v-kenley/ . . . required by law to review such application. Code | 32.1-102.6. The Southwest Virginia Health . . . <abbr title="Court of Appeals">COA</abbr>Tidewater Psychiatric Inst. v. ButteryRecord No. 1204-88-1382 S.E.2d 2881989-07-11https://www.courtlistener.com/opinion/1200090/tidewater-psychiatric-inst-v-buttery/ . . . standing and the right to intervene. . . . <abbr title="Court of Appeals">COA</abbr>HEALTH SYSTEMS AGENCY v. Stroube2669044623 S.E.2d 4442005-12-28https://www.courtlistener.com/opinion/1063323/health-systems-agency-v-stroube/ . . . public need for medical care facilities. Code § 32.1-102.6(B).[1] . . . <abbr title="Court of Appeals">COA</abbr>Chippenham & Johnston-Willis v. Peterson3075002553 S.E.2d 1332001-10-09https://www.courtlistener.com/opinion/1064923/chippenham-johnston-willis-v-peterson/ . . . cause," as that term is defined in Code § 32.1-102.6(D), and, thus, was ineligible to participate . . . <abbr title="Court of Appeals">COA</abbr>DOCTORS'HOSPITAL OF WILLIAMSBURG, LLC v. Stroube1798071665 S.E.2d 8622008-09-09https://www.courtlistener.com/opinion/1062668/doctorshospital-of-williamsburg-llc-v-stroube/ . . . Health Systems Agency (EVHSA) pursuant to Code § 32.1-102.6(A). Doctors' proposed establishing . . . <abbr title="Court of Appeals">COA</abbr>Laurels of Bon Air v. Medical Facilities1085072659 S.E.2d 5612008-04-22https://www.courtlistener.com/opinion/1062800/laurels-of-bon-air-v-medical-facilities/ . . . informal fact-finding conference pursuant to Code § 32.1-102.6. The Department refused to conduct a . . . <abbr title="Court of Appeals">COA</abbr>RESTON HOSP. CENTER, LLC v. Remley2636104717 S.E.2d 4172011-11-22https://www.courtlistener.com/opinion/1061846/reston-hosp-center-llc-v-remley/ . . . the case based on good cause pursuant to Code § 32.1-102.6(D) and (G). The Commissioner granted . . . <abbr title="Court of Appeals">COA</abbr>http://law.lis.virginia.gov/vacode/32.1-102.6/2.2-4000Short title; purpose/2.2-4000/32.1-102.1Definitions/32.1-102.1/32.1-102.2Regulations/32.1-102.2/32.1-102.3:2Certificates of public need; applications to be filed in response to Requests for Applications (RFAs)/32.1-102.3:2/8.01-676.1Security for appeal/8.01-676.1//32.1-102.6/32.1/4/1.1/32.1-102.632.1-102.1132.1-102.932.1-122.05After commencement of any public hearing and before a decision is made there shall be no ex parte contacts concerning the subject certificate or its application between (i) any person acting on behalf of the applicant or holder of a certificate or any person opposed to the issuance or in favor of revocation of a certificate of public need and (ii) any person in the Department who has authority to make a determination respecting the issuance or revocation of a certificate of public need, unless the Department has provided advance notice to all parties referred to in (i) of the time and place of such proposed contact.sectionCC1Upon entry of each completed application or applications into the appropriate batch review cycle:sectionEE1 The Department shall establish, for every application, a date between the eightieth and ninetieth calendar days within the 190-calendar-day review period for holding an informal fact-finding conference, if such conference is necessary.sectionE1E12 The Department shall review every application at or before the seventy-fifth calendar day within the 190-calendar-day review period to determine whether an informal fact-finding conference is necessary.sectionE2E22 Any person seeking to be made a party to the case for good cause shall notify the Department of his request and the basis therefor on or before the eightieth calendar day following the day which begins the appropriate batch review cycle.sectionE3E32 In any case in which an informal fact-finding conference is held, a date shall be established for the closing of the record which shall not be more than 30 calendar days after the date for holding the informal fact-finding conference.sectionE4E42 In any case in which an informal fact-finding conference is not held, the record shall be closed on the earlier of (i) the date established for holding the informal fact-finding conference or (ii) the date that the Department determines an informal fact-finding conference is not necessary.sectionE5E52 The provisions of subsection C of § 2.2-4021 notwithstanding, if a determination whether a public need exists for a project is not made by the Commissioner within 45 calendar days of the closing of the record, the Commissioner shall notify the applicant or applicants and any persons seeking to show good cause, in writing, that the application or the application of each shall be deemed approved 25 calendar days after expiration of such 45-calendar-day period, unless the receipt of recommendations from the person performing the hearing officer functions permits the Commissioner to issue his case decision within that 25-calendar-day period. The validity or timeliness of the aforementioned notice shall not, in any event, prevent, delay or otherwise impact the effectiveness of this section.sectionE6E62 In any case when a determination whether a public need exists for a project is not made by the Commissioner within 70 calendar days after the closing of the record, the application shall be deemed to be approved and the certificate shall be granted.sectionE7E72 If a determination whether a public need exists for a project is not made by the Commissioner within 45 calendar days of the closing of the record, any applicant who is competing in the relevant batch or who has filed an application in response to the relevant Request For Applications issued pursuant to § 32.1-102.3:2 may, prior to the application being deemed approved, petition for immediate injunctive relief pursuant to § 2.2-4030, naming as respondents the Commissioner and all parties to the case. During the pendency of the proceeding, no applications shall be deemed to be approved. In such a proceeding, the provisions of § 2.2-4030 shall apply.sectionE8E82The project review procedures shall provide for separation of the project review manager functions from the hearing officer functions. No person serving in the role of project review manager shall serve as a hearing officer.sectionHH1The applicants, and only the applicants, shall have the authority to extend any of the time periods specified in this section. If all applicants consent to extending any time period in this section, the Commissioner, with the concurrence of the applicants, shall establish a new schedule for the remaining time periods.sectionII1