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Session Laws, 1999
Volume 796, Page 3847   View pdf image
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(i) The holding of an evidentiary hearing if the Commission, in
accordance with criteria it has adopted by regulation, considers an evidentiary
hearing appropriate due to the magnitude of the impact the proposed project may
have on the health care delivery system; and

(ii) Preparation of a recommended decision for consideration by the
full Commission.

[(4)] (5) The Commission shall designate a single Commissioner to act
as a reviewer for the application and any competing applications.

[(5)] (6) The Commission shall delegate to its staff the responsibility for
an initial review of an application, including, in the event that no written comments
on an application are submitted by any interested party other than the staff of the
Commission, the preparation of a recommended decision for consideration by the full
Commission.

[(6)] (7) Any "interested party" may submit written comments on the
application in accordance with procedural regulations adopted by the Commission.

[(7)] (8) The Commission shall define the term "interested party" to
include, at a minimum:

(i) The staff of the Commission;

(ii) Any applicant who has submitted a competing application; and

(iii) Any other person who can demonstrate that the person would
be adversely affected by the decision of the Commission on the application.

[(8)] (9) The reviewer shall review the application, any written
comments on the application, and any other materials permitted by this section or by
the Commission's regulations, and present a recommended decision on the application
to the full Commission.

[(9)] (10) (i) An applicant and any interested party may request the
opportunity to present oral argument to the reviewer, in accordance with regulations
adopted by the Commission, before the reviewer prepares a recommended decision on
the application for consideration by the full Commission.

(ii) The reviewer may grant, deny, or impose limitations on an
interested party's request to present oral argument to the reviewer.

[(10)] (11) Any interested party who has submitted written comments
under paragraph [(6)] (7) of this subsection may submit written exceptions to the
proposed decision and make oral argument to the Commission, in accordance with
regulations adopted by the Commission, before the Commission takes final action on
the application.

[(11)] (12) The Commission shall, after determining that the
recommended decision is complete, vote to approve, approve with conditions, or deny
the application on the basis of the recommended decision, the record before the staff
or the reviewer, and exceptions and arguments, if any, before the Commission.

 

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Session Laws, 1999
Volume 796, Page 3847   View pdf image
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