Iowa Code 135.70 – Appeal of certificate of need decisions
Current as of: 2023 | Check for updates
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Terms Used In Iowa Code 135.70
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Council: means the state health facilities council established by this subchapter. See Iowa Code 135.61
- Department: means the Iowa department of public health. See Iowa Code 135.61
- Person: means a natural person. See Iowa Code 154A.1
The council‘s decision on an application for certificate of need, when announced pursuant to section 135.69, is a final decision. Any dissatisfied party who is an affected person with respect to the application, and who participated or sought unsuccessfully to participate in the formal review procedure prescribed by section 135.66, may request a rehearing in accordance with chapter 17A and rules of the department. If a rehearing is not requested or an affected party remains dissatisfied after the request for rehearing, an appeal may be taken in the manner provided by chapter 17A. Notwithstanding the Iowa administrative procedure Act, chapter 17A, a request for rehearing is not required, prior to appeal under section 17A.19.