HARRY HUGHES, Governor                               1331

ACT OR UNDER THE STATE MEDICAL ASSISTANCE PROGRAM APPROVED
UNDER TITLE XIX OF THE SOCIAL SECURITY ACT.

(D) THE COMMISSION ALONE SHALL HAVE FINAL NONDELEGABLE
AUTHORITY TO ACT UPON AN APPLICATION FOR A CERTIFICATE OF
NEED, EXCEPT AS PROVIDED IN THIS SUBSECTION.

(1) SEVEN VOTING MEMBERS OF THE COMMISSION SHALL
BE A QUORUM.

(2) THE COMMISSION MAY DELEGATE TO A COMMITTEE
THE RESPONSIBILITY FOR REVIEW OF AN APPLICATION FOR A
CERTIFICATE OF NEED, INCLUDING THE HOLDING OF AN EVIDENTIARY
HEARING.

(3) THE COMMITTEE SHALL MAKE A RECOMMENDATION TO
THE FULL COMMISSION TO GRANT OR DENY AN APPLICATION.

(4) THE FULL COMMISSION SHALL, AFTER DETERMINING
THAT THE COMMITTEE'S REPORT IS COMPLETE, VOTE TO APPROVE,
APPROVE WITH CONDITIONS, OR DENY THE APPLICATION ON THE
BASIS OF THE COMMITTEE'S RECOMMENDATION AND THE WHOLE RECORD
BEFORE THE COMMITTEE.

(5) THE DECISION OF THE COMMISSION SHALL BE BY A
MAJORITY OF THE QUORUM PRESENT AND VOTING, EXCEPT THAT NO
PROJECT SHALL BE APPROVED WITHOUT THE AFFIRMATIVE VOTE OF AT
LEAST TWO CONSUMER MEMBERS OF THE COMMISSION.

(E) IF ANY PARTY OR INTERESTED PERSON REQUESTS AN
EVIDENTIARY HEARING WITH RESPECT TO A CERTIFICATE OF NEED
APPLICATION, THE COMMISSION OR A COMMITTEE OF THE COMMISSION
SHALL HOLD THE HEARING IN ACCORDANCE WITH THE CONTESTED CASE
PROCEDURES OF THE ADMINISTRATIVE PROCEDURE ACT.

(F) (1) AN APPLICATION FOR A CERTIFICATE OF NEED SHALL
BE ACTED UPON BY THE COMMISSION NO LATER THAN 150 DAYS AFTER
THE APPLICATION WAS DOCKETED.

(2) IF AN EVIDENTIARY HEARING IS NOT REQUESTED,
THE COMMISSION'S DECISION ON AN APPLICATION SHALL BE MADE NO
LATER THAN 120 DAYS AFTER THE APPLICATION WAS DOCKETED.

(G) (1) THE APPLICANT OR ANY PERSON AGGRIEVED BY THE
DECISION MAY PETITION THE COMMISSION WITHIN 15 DAYS FOR A
RECONSIDERATION.

(2) THE COMMISSION SHALL DECIDE WHETHER OR NOT
IT WILL RECONSIDER ITS DECISION WITHIN 30 DAYS OF RECEIPT OF
THE PETITION FOR RECONSIDERATION.

(3) THE COMMISSION SHALL ISSUE ITS

RECONSIDERATION DECISION WITHIN 30 DAYS OF ITS DECISION ON

THE PETITION.