In Re the Appeal From the Approval of the Application of Wake Kidney Clinic, P.A.

PARKER, Judge.

The two main issues raised by petitioners on this appeal are whether DHR erred in considering evidence petitioners contend constituted an improper amendment to the application and whether the criteria necessary to DHR’s decision were supported by substantial evidence. We conclude that the challenged evidence was properly before DHR and that the decision has substantial support in the record. Therefore, we affirm the decision to grant the certificate of need to Wake Kidney Clinic, P.A.

Wake Kidney Clinic, P.A., submitted its application for a certificate of need on 15 November…