Section 91021 - Public Hearing(a) A public hearing shall be conducted to determine the necessity of property acquisition.(b) The Department shall provide 100 days prior written notice of the hearing to all interested parties and the local legislative body and city planning authority.(c) The Department shall publish notice of the hearing in a newspaper of general circulation in the area within which the hospital is located on three separate occasions within the 30 days immediately prior to the hearing.(d) The area health planning agency or health systems agency shall make recommendations after public meeting of the area agency regarding the application to the hearing officer within 90 days of receipt of notice and such recommendations shall be entered into the record of the public hearing. A copy of the recommendations of the area agency to the hearing officer shall at the same time be submitted to the hospital.(e) Upon receipt of the agency's recommendations prior to expiration of the 90 day maximum response period, the Department may reschedule the hearing for conduct at a date earlier than that originally specified. The Department shall provide 10 day prior written notice of any hearing so rescheduled to all parties set forth in (b) above.(f) The hearing shall: (1) Be conducted prior to certification of necessity pursuant to the provisions of Sections 91017, 91019 and 91023 of this chapter.(2) Be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code.(3) Be conducted in the area within which the hospital is located.(4) Take under consideration the impact of the proposed expansion upon the delivery of health care services in the community.(5) Take into consideration the Final Environmental Impact Report.(6) Assure the right of the nonprofit hospital, and all interested parties to the acquisition, to the following: (A) Representation by counsel.(B) Presentation of oral and written evidence.(C) Confrontation and cross-examination of opposing witnesses.(7) Be transcribed and the hearing record filed with the Department as a public document.(g) The hearing officer shall file with the Department, within 10 days after the hearing, his findings, recommendations and proposed decision.Cal. Code Regs. Tit. 22, § 91021
1. Editorial correction of subsection (e) and new NOTE filed 2-23-83 (Register 83, No. 9). Note: Authority cited: Sections 103, 446.2 and 1260, Health and Safety Code; and Section 11152, Government Code. Reference: Section 1260, Health and Safety Code.
1. Editorial correction of subsection (e) and new NOTE filed 2-23-83 (Register 83, No. 9).