Rowan Health Properties, Inc. v. North Carolina Department of Human Resources

BECTON, Judge.

This appeal by Rowan Health Properties, Inc. (RHP) arises from a decision of the North Carolina Department of Human Resources (DHR) concerning the issuance of certificates of need among competing applicants. We conclude that, because RHP is not a “party in a contested case hearing” within the meaning of N.C. Gen. Stat. Sec. 131E-188(b) (1986), the appeal must be dismissed for lack of jurisdiction.

I

The 1984 State Medical Facilities Plan identified a need for 237 additional long term care beds in Rowan County. One of fifteen applicants, RHP applied to DHR on 15 November 1984 for a…