Section 151-C:9 Decision Regarding Certificate of Need; Issuance of Certificate of Need; Reconsideration.
I. Upon completion of the review, the board, by majority vote of eligible board members, shall render a decision on the applicant or applicants which filed in response to a request for application. Any board member who has a personal or business conflict with any application shall not vote on such application. The decision shall be in the form of an approval, denial, or an approval with conditions. An approval of a certificate of need shall be in conformance with the standard used as the basis for the request for application.
II. The board shall consider competing applicants in relationship to each other. The decision shall be based on the applicant who demonstrates superiority in cost effectiveness, quality, and affordability and who will best meet the specifications and criteria outlined in the standard.
III. If the board fails to issue a final decision within the time period specified for the review, a certificate of need shall be denied. The applicant may either request a reconsideration hearing under paragraph IV, or, within a reasonable time following the expiration of that period, petition the supreme court to require the board to render a final decision on the application.
IV. (a) Any person, for good cause shown, may request in writing a public hearing for purposes of reconsideration of a final decision of the board. The board shall adopt appropriate procedures for such a hearing. No fee may be imposed for the hearing. For purposes of this paragraph, a request for a reconsideration hearing, other than by an applicant denied a certificate of need, shall be good cause if it:
(1) Presents significant, relevant information not previously considered by the board;
(2) Demonstrates that there have been significant changes in factors or circumstances relied upon by the board in reaching its decision;
(3) Demonstrates that the board has materially failed to follow its adopted procedures in reaching its decision; or
(4) Provides such other basis for a public hearing as the board determines constitutes good cause.
(b) To be effective, a request for a reconsideration hearing shall be received by the board within 20 business days following the date of the board's decision. If granted, the hearing shall commence within 30 calendar days of receipt of the request. The applicant may waive the 30-day requirement. At least 14 calendar days prior to the reconsideration hearing, notification of the hearing shall be sent to the person requesting the hearing and to the persons proposing the new institutional health service and to others upon request. Within 25 business days after the conclusion of the hearing, the board shall make written findings which state the basis for its decision. The decision shall be considered the final decision of the board.
Source. 1985, 378:6. 1988, 275:15. 1991, 333:11, eff. Aug. 27, 1991.