§ 197.36. Certification of the record below.
(a) The Department will file with the Hearing Board a certified copy of the record below within 20 days of the filing of a notice of appeal.
(b) In the case of appeals filed under § 197.32(a)(4) (relating to appealable decisions), the record will consist of the Department’s letter of determination that the project is reviewable, together with other documents, telephone logs, memoranda and exchange of correspondence between the Department, the appellant and the health systems agency relating to the determination of reviewability.
(c) The record below shall include the following certification:
(1) The attached documents are a true and complete copy of the official project file of the certificate of need application for Project No.
.(2) The official project file of Project No.
constitutes the documentary record upon which the Department based its decision on the project.(3) All documents which were reviewed by the Department during its review of the certificate of need application for Project No.
are contained in or are identified in the official project file.(4) The official project file includes all existing internal notes, work papers and memoranda prepared by, sent to or received by personnel in the Department regarding the certificate of need review of the project. Material within the scope of the attorney-client privilege is excluded.
(5) All communication regarding the certificate of need review of the project between the Department and a person or health systems agency, other than status reports as defined in State and Federal statutes and regulations, are contained in the official project file.
(6) All existing handwritten notes of meetings or communications prepared by Department personnel concerning the certificate of need review of the project are contained in the official project file.
(7) All telephone conversation memoranda and meeting minutes are based upon notes made contemporaneously with the events described therein, even if typed and edited at a later time.
(8) The written policies, practices and procedures of the local health systems agencies are public documents, and, as such, are not included in each individual project file.
(9) Relevant portions of the applicable health systems plan and the State Health Plan are public documents, and, as such, are not included in each individual project file.
(d) Subject to § 197.37 (relating to objections to the record), certification by the Department will serve to close the record below.
Authority The provisions of this § 197.36 amended under section 805(b) of the Health Care Facilities Act (35 P. S. § 448.805(b)); and 2 Pa.C.S. § 102(a).
Source The provisions of this § 197.36 adopted May 1, 1981, effective May 2, 1981, 11 Pa.B. 1455; amended May 21, 1982, effective May 22, 1982, 12 Pa.B. 1642; amended August 19, 1983, effective August 20, 1983, 13 Pa.B. 2551; amended September 4, 1987, effective September 5, 1987, 17 Pa.B. 3609. Immediately preceding text appears at serial page (103556).
Cross References This section cited in 37 Pa. Code § 197.15 (relating to recording of proceedings).
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