Current through Register Vol. XLI, No. 45, November 8, 2024
Section 65-7-17 - Reconsideration of Final Board Decision17.1. Any person may request, in writing, reconsideration of a decision rendered by the board on a certificate of need application. If the request for reconsideration establishes good cause for reconsideration, then the board shall grant the request. Upon request, the board may grant a public hearing to consider the request for reconsideration.17.2. A request for reconsideration is considered to have shown good cause if, in a detailed statement, it:17.2.a. Presents significant, relevant information not previously considered by the board, and demonstrates that with reasonable diligence the information could not have been presented before the board made its decision;17.2.b. Demonstrates that there have been significant changes in factors or circumstances relied upon by the board in reaching its decision;17.2.c. Demonstrates that the board has materially failed to follow its adopted procedures in reaching its decision; or17.2.d. Provides any other basis for a public hearing as the board determines constitutes good cause.17.3. The board must receive a request for reconsideration within thirty (30) days after the date of the board's decision.17.4. The board or its designee shall hold any hearing upon a request for reconsideration within thirty (30) days of the board's receipt of the request. The board may extend this time period for good cause.17.5. The board shall send notification of a reconsideration hearing prior to the date of the hearing, to the person requesting the hearing, the applicant proposing the new institutional health service and to any other person upon request.17.6. The board shall hold the public reconsideration hearing in accordance with the public hearing requirements of this rule.17.7. The board shall issue its written findings which state the basis of its decision upon the request for reconsideration within forty-five (45) days after the conclusion of the hearing. The board may extend this time period for good cause.17.8. The decision of the board upon reconsideration is the final decision of the board subject to appeal pursuant to the provisions of section 18 of this rule.17.9. The board shall deny a request for reconsideration which does not establish good cause. 17.10. If the board denies the request for reconsideration, the initial decision of the board is the final decision and the appeal period runs from the date of the order denying the reconsideration. If the board grants the request for reconsideration, the appeal period runs from the date of the decision upon reconsideration, which becomes the final order as specified in subsection 17.8 of this rule.