Md. Code Regs. 10.24.01.19

Current through Register Vol. 51, No. 11, May 31, 2024

Section 10.24.01.19 - Reconsideration Procedures

A. Request for Reconsideration. An aggrieved party may request that the Commission conduct a hearing to reconsider a Commission final decision to grant, to grant with conditions, or to deny a Certificate of Need application, a request for an exemption from CON review, or a certificate of conformance application issued under this chapter. This request shall be in writing and filed with the Center for Health Care Facilities Planning and Development within 15 days of the date upon which the Commission renders its decision and shall show good cause for reconsideration of the decision.

B. Good Cause. For purposes of this regulation, a request for a reconsideration shows good cause if it:

(1) Presents significant, relevant information which was not previously presented to the Commission and which, with reasonable diligence, could not have been presented before the Commission made its decision;

(2) Demonstrates that there have been significant changes in factors or circumstances relied upon by the Commission in reaching its decision; or

(3) Demonstrates that the Commission has materially failed to follow its adopted procedures in reaching its decision.

C. Notice of Reconsideration Request. At least 15 days prior to the date the Commission will consider a request for reconsideration, the Commission shall provide written notice of the date to the person making the request, each applicant, each interested party, and each relevant local health department. Each interested party may file a written response.

D. A request to present oral arguments shall be made at the time of filing an initial request for reconsideration or a response.

E. If the Commission determines that good cause has been demonstrated, the Commission may reverse or modify its previous decision. Within 30 days, the Commission shall issue a new decision containing written findings of fact and conclusions of law stating the basis for its decision, which shall be its final decision for the purpose of judicial review.

Md. Code Regs. 10.24.01.19

Regulations .19 adopted effective November 6, 1995 (22:22 Md. R. 1658)
Regulations .19 amended effective January 25, 1980 (7:2 Md. R. 115)
Regulation .19 amended effective April 11, 2005 (32:7 Md. R. 680); adopted effective 50:22 Md. R. 975, eff. 12/1/2023