KRS 216B.085: Hearing procedures -- Notification of cabinet's decisions -- Appeals.

(1) No later than fifteen (15) days after the date the review commences, any affected

person may request a public hearing. Hearings shall be before a person designated

by the Office of Administrative Hearings within the Department of Law to serve as

hearing officer. The hearing officer shall be authorized to administer oaths, issue

subpoenas, subpoenas duces tecum, and all necessary process in the proceedings.

(2) If a he aring is requested, the Office of Administrative Hearings within the

Department of Law shall set a date, time, and place for a public hearing.

Reasonable notice of the hearing shall be given to all affected persons in

accordance with administrative regulations promulgated by the cabinet.

(3) At the hearing, any party to the proceedings shall have the right to be represented

by counsel, and to present oral or written arguments and evidence relevant to the

matter which is the subject of the hearing, and may c onduct reasonable cross -

examination under oath of persons who make factual allegations relevant to such

matters. A full and complete record shall be maintained of the hearing.

(4) Any decision of the cabinet to issue or deny a certificate of need shall be based

solely on the record established with regard to the matter. All decisions granting,

denying, or modifying a certificate of need shall be made by the cabinet in writing.

The cabinet shall notify the parties to the proceedings of the decision and the

decision shall be final for purposes of judicial appeal unless a request for

reconsideration is filed. An approved certificate of need shall be issued forty (40)

days after notice of the cabinet's decision unless a request for reconsideration is

filed or a judicial appeal is taken and issuance is enjoined by the court.