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216B.120 Judicial appeals -- Bonds -- Costs.
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Each party to the proceedings may participate as a party in the proceedings in
the Circuit Court on an appeal.
In case of an appeal, no new or additional evidence may be introduced in the
Circuit Court except as to fraud or misconduct of some person engaged in the
administration of this chapter and affecting the decision or order; the court shall
hear the case upon the certified record or abstract thereof, and shall dispose of
the case in a summary manner, its review being limited to determining whether
the cabinet acted within its jurisdiction, whether the decision or order was
procured by fraud, and whether the findings of fact in issue are supported by
substantial evidence and are not clearly erroneous based upon a review of the
record as a whole.
The court shall enter judgment affirming, modifying, reversing, or setting aside
the decision or, in its discretion, remanding the case to the cabinet for
proceedings in conformity with the directions of the court. If the court affirms
the issuance of the certificate of need, the holder of the certificate shall be
entitled to recover its costs of defense of the appeal, including its attorney's
fees. The decision of the Circuit Court shall be final and nonappealable.
In any case in which the granting of a license or certificate of need is appealed
by a competing health care provider, the court shall require the appellant to
post a bond, with good and sufficient surety, in the sum the court deems
proper, for the payment of the costs and damages as may be incurred or
suffered by the certificate of need or license applicant as a result of the filing
and pendency of the appeal. Failure to post the bond as required by the court
shall result in the dismissal of the appeal. If the decision of the cabinet granting
the certificate of need or license is sustained, the court shall order the appellant
health care provider to pay the applicant its costs incurred and damages
suffered as a result of the filing and pendency of the appeal, which shall not be
limited to the amount of the bond. The court shall not withhold the finality of its
decision on the merits of the appeal pending the determination as to the costs
and damages. As used in this section, "competing health care provider" means
any health facility or health maintenance organization which competes with the
applicant for patients, customers, the services of health care personnel, or
policyholders.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 371, sec. 56, effective July 15, 1996. -Amended 1994 Ky. Acts ch. 512, Part 7, sec. 42, effective July 15, 1994. -Amended 1990 Ky. Acts ch. 499, sec. 12, effective July 13, 1990. -- Amended
1988 Ky. Acts ch. 210, sec. 26, effective July 15, 1988. -- Amended 1982 Ky.
Acts ch. 347, sec. 22, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135,
sec. 23, effective July 15, 1980.
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