216B.090 Reconsideration of cabinet's decisions.

251 words·~1 min read·/ky/chapter-216b/216b-090

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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

certificate of need or the revocation of a certificate of need under procedures

promulgated by administrative regulation. The request shall be filed within fifteen

(15)days of the notice of the decision. For purposes of this section there shall be

deemed to be "good cause shown" if the request for a public hearing:

(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

accordance with the provisions of this chapter. The cabinet shall make its decision

on reconsideration and shall give notice thereof. The decision of the cabinet shall be

final for purposes of judicial appeal. An approved certificate of need shall be issued

forty

(40)days after notice of the cabinet's decision unless a judicial appeal is taken

and issuance is enjoined by the court.