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216B.090 Reconsideration of cabinet's decisions.

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Page 1 of 1 216B.090 Reconsideration of cabinet's decisions. (1) Any party to the proceedings may, for good cause shown, request in writing a hearing for purposes of reconsideration of a decision of the cabinet pertaining to a <br>certificate of need or the revocation of a certificate of need under procedures <br>promulgated by administrative regulation. The request shall be filed within fifteen <br>(15) days of the notice of the decision. For purposes of this section there shall be <br>deemed to be &quot;good cause shown&quot; if the request for a public hearing: <br>(a) Presents significant, relevant information not previously available for consideration by the cabinet; (b) Demonstrates that there have been significant changes in the factors or circumstances relied upon by the cabinet in reaching its decision; (c) Demonstrates that the cabinet has materially failed to follow its adopted procedures in reaching its decision; or (d) States that a public hearing pursuant to KRS 216B.085 was not conducted prior to a decision to deny a certificate of need. (2) If a public hearing is granted, it shall be held within thirty (30) days after the decision to grant the request for reconsideration. The hearing shall be conducted in <br>accordance with the provisions of this chapter. The cabinet shall make its decision <br>on reconsideration and shall give notice thereof. The decision of the cabinet shall be <br>final for purposes of judicial appeal. An approved certificate of need shall be issued <br>forty (40) days after notice of the cabinet's decision unless a judicial appeal is taken <br>and issuance is enjoined by the court. Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 371, sec. 52, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 38, effective July 15, 1994. -- Amended 1990 Ky. <br>Acts ch. 499, sec. 9, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 210, <br>sec. 22, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 18, effective <br>July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 17, effective July 15, 1980.