Nebraska Statutes
§ 71-5865 — Certificate of need; appeal; burden of proof
Nebraska·Ch. 71 Public Health and Welfare
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 .
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Related
Department of Health v. Lutheran Hospitals & Homes Society
416 N.W.2d 222 (Nebraska Supreme Court, 1987)
Department of Health v. Grand Island Health Care, Inc.
391 N.W.2d 582 (Nebraska Supreme Court, 1986)
Department of Health v. Omaha Associates
441 N.W.2d 579 (Nebraska Supreme Court, 1989)
Legislative History
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).
Nearby Sections
15
§ 71-1002
Repealed. Laws 2019, LB559, § 6§ 71-1005
Repealed. Laws 2019, LB559, § 6§ 71-1006
Repealed. Laws 2019, LB559, § 6§ 71-1007
Board; purpose§ 71-101
Transferred to section38-101§ 71-101.01
Repealed. Laws 2007, LB 463, § 1319§ 71-101.02
Repealed. Laws 1988, LB 1100, § 185§ 71-102
Transferred to section38-121§ 71-103
Transferred to section38-129§ 71-104.01
Transferred to section38-131§ 71-105
Transferred to section38-122