§340. Reconsideration

Any person directly affected by a review under this chapter may, for good cause shown, request in writing a hearing for the purpose of reconsideration of the decision of the department to issue or to deny a certificate of need.   [PL 2001, c. 664, §2 (NEW).]

1.  Timing for request.  A request for hearing for reconsideration under this section must be received within 30 days of the department's decision.

[PL 2001, c. 664, §2 (NEW).]

2.  Hearing.  If the department determines that good cause for a hearing under this section has been demonstrated, the department shall commence a hearing within 30 days of receipt of the request. For purposes of this section, a request for a hearing is considered to show good cause if it:

A. Presents significant, relevant information not previously considered by the department;   [PL 2001, c. 664, §2 (NEW).]

B. Demonstrates that there have been significant changes in factors or circumstances relied upon by the department in reaching its decision;   [PL 2001, c. 664, §2 (NEW).]

C. Demonstrates that the department has materially failed to follow its adopted procedures in reaching its decision; or   [PL 2001, c. 664, §2 (NEW).]

D. Provides other bases for a hearing that the department has determined constitute good cause.   [PL 2001, c. 664, §2 (NEW).]

[PL 2001, c. 664, §2 (NEW).]

3.  Decision.  A decision must be rendered within 60 days of the commencement of a hearing under this section, except that the parties may agree to a longer time period.

[PL 2001, c. 664, §2 (NEW).]

SECTION HISTORY

PL 2001, c. 664, §2 (NEW).