2014 Kentucky Revised Statutes CHAPTER 216B - LICENSURE AND REGULATION OF HEALTH FACILITIES AND SERVICES 216B.090 Reconsideration of cabinet's decisions.
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216B.090 Reconsideration of cabinet's decisions.
(1)
(2)
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.
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.
Effective:July 15, 1996
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. Acts ch. 499, sec. 9, effective July 13, 1990. -- Amended
1988 Ky. Acts ch. 210, sec. 22, effective July 15, 1988. -- Amended 1982 Ky.
Acts ch. 347, sec. 18, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135,
sec. 17, effective July 15, 1980.
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