Certificate of need; appeal; burden of proof.

1. Law
2. Nebraska Revised Statutes
3. Public Health and Welfare
4. Certificate of need; appeal; burden of proof.

71-5865. Certificate of need; appeal; burden of proof.

In an appeal of a decision to deny a certificate of need, the person requesting the appeal shall bear the burden of proving that the project meets the applicable criteria established in sections 71-5829.03 to 71-5829.06.

Source

• Laws 1979, LB 172, § 65;
• Laws 1982, LB 378, § 51;
• Laws 1989, LB 429, § 36;
• Laws 1997, LB 798, § 33;
• Laws 2009, LB195, § 87.

Annotations

• In an appeal from a decision granting a certificate of need, the party appealing bears the burden of proof that the application does not meet the applicable criteria. Department of Health v. Lutheran Hosp. & Homes Inc., 227 Neb. 116, 416 N.W.2d 222 (1987).

• In an appeal of a decision to grant a certificate of need, the party appealing that decision shall bear the burden of proof that the application does not meet the applicable criteria. Department of Health v. Grand Island Health Care, 223 Neb. 587, 391 N.W.2d 582 (1986).

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