§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).