Section 150.35. Review procedures.

 

(2)  The department shall hold a public meeting upon the request of an affected party to review applications under s. 150.33 or 150.34 , at which all affected parties may present testimony. The department shall keep minutes or other record of testimony presented at the public meeting and shall, based on the testimony, consider the record in determining whether the applicant has met the review criteria under s. 150.39 .

(3)  Except as provided under sub. (3m) , the department shall issue an initial finding to approve or reject the application within 75 days after the date it publishes its notice under s. 150.33 (4) or 150.34 (3) , unless all applicants consent to an extension of this period. The department may extend by 60 days the review cycle of all applications being concurrently reviewed if it finds that completing the reviews within 75 days after the date it publishes its notice under s. 150.33 (4) or 150.34 (3) is not practicable due to the volume of applications received. The department shall base its initial finding on a comparative analysis of applications, relying on the criteria specified in s. 150.39 . The applicant has the burden of proving, by a preponderance of the evidence, that each criterion specified in s. 150.39 has been met or does not apply to the project. The department may approve fewer additional nursing home beds than allowed by the statewide bed limit if the cost of adding those beds exceeds the medical assistance allocation for new beds projected in s. 150.31 (1) (e) . Unless an adversely affected applicant makes a timely request for a public hearing under sub. (4) , the department's initial finding under this subsection is its final action.

(3m)  

(a) The department may receive any of the following applications:

1. An application which was developed under a plan of correction, as defined in s. 50.01 (4r) , previously approved by the department and which does not add beds to the current licensed bed capacity.

2. Any application involving a cost overrun submitted under s. 150.11 (3) .

3. All applications for activities that are specified in s. 150.21 (3) .

(b) Subsection (2) does not apply to the applications under par. (a) . Within 60 days after it receives a completed application, the department shall, according to procedures it promulgates by rule, review the application and issue its initial finding. No public meeting need be held on any project submitted under this subsection.

(c) Unless an adversely affected applicant makes a timely request for a public hearing under sub. (4) , the department's initial finding under this subsection is its final decision.

(4)  

(a) Any applicant whose project is rejected may request a public hearing to review the department's initial finding under sub. (3) or (3m) , if the request is submitted in writing within 10 days after the department's decision. The department shall commence the hearing within 30 days after receiving a timely request, unless all parties consent to an extension of this period.

(b) Sections 227.42 to 227.50 do not apply to hearings under this subsection. The department shall promulgate rules to establish:

1. Procedures for scheduling hearings under this subsection.

2. Procedures for conducting hearings under this subsection, including methods of presenting arguments, cross-examination of witnesses and submission of exhibits.

3. Procedures following the completion of a hearing under this subsection, including the establishment of time limits for issuance of a decision.

4. Standards relating to ex parte communication in hearings under this subsection.

5. Procedures for reconsideration and rehearing.

(c) The department shall issue all decisions in writing.

(d) Each applicant at any hearing under this subsection has the burden of proving, by clear and convincing evidence, that the department's initial finding was contrary to the weight of the evidence on the record when considered as a whole, arbitrary and capricious or contrary to law.

1983 a. 27 ; 1985 a. 182 s. 57 ; 1987 a. 27 , 399 ; 1989 a. 173 ; 1993 a. 290 ; 1997 a. 27 .