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The Supreme Court of Georgia has clarified the standard of review that the commissioner of the Georgia Department of Community Health must apply when reviewing a decision of a hearing officer on an application for a certificate of need, or CON, to establish a new health service at a hospital. Rather than rule on whether former commissioner Frank Berry's reversal of a hearing officer's denial of a CON had been supported by "competent substantial evidence," justices clarified that the meaning of the phrase in OCGA ยง 31-6-44(k)(1) "is most naturally and reasonably understood to mean substantial evidence that was admissible."
Georgia
February 21, 2024, 10:37 AM