1332                                  LAWS OF MARYLAND                                Ch. 108

(H) IF THE COMMISSION DOES NOT ACT ON AN APPLICATION
WITHIN THE REQUIRED PERIOD, THE APPLICANT MAY FILE WITH A
COURT OF COMPETENT JURISDICTION WITHIN 60 DAYS AFTER
EXPIRATION OF THE PERIOD A PETITION TO REQUIRE THE
COMMISSION TO ACT ON THE APPLICATION.

(I) UNTIL DECEMBER 31, 1982, CERTIFICATE OF NEED
DECISIONS AND ANY OTHER RESPONSIBILITY OR AUTHORITY OF THE
COMMISSION UNDER THIS SUBSECTION SHALL BE MADE IN ACCORDANCE
WITH THE REGULATIONS OF THE MARYLAND STATE HEALTH PLANNING
AGENCY. ON JANUARY 1, 1983, THE COMMISSION SHALL ASSUME
FULL AND COMPLETE AUTHORITY TO ACT ON ANY APPLICATION FOR A
CERTIFICATE OF NEED AND ALL OTHER RESPONSIBILITY AND
AUTHORITY DELEGATED TO IT UNDER THIS SUBSECTION.

19-119.

THE CIRCUIT COURT FOR THE COUNTY WHERE A HEALTH CARE
PROJECT IS BEING DEVELOPED OR OPERATED IN VIOLATION OF PART
I OF THIS SUBTITLE MAY ENJOIN FURTHER DEVELOPMENT OR
OPERATION.

19-120.

(A) IN THIS SECTION, "AGGRIEVED PARTY" MEANS:

(1) A PERSON, INCLUDING ANY HEALTH CARE
FACILITY, NONPROFIT HEALTH SERVICE PLAN, OR COMMERCIAL
INSURANCE COMPANY PROVIDING HEALTH CARE BENEFITS, WHO:

(I) HAS EITHER REQUESTED A HEARING AND HAS
BEEN DENIED OR HAS PRESENTED A POSITION ON A HEALTH CARE
PROJECT TO THE COMMISSION BEFORE THE DECISION OF THE
COMMISSION ON THAT HEALTH CARE PROJECT;

(II) IS AFFECTED ADVERSELY BY THE DECISION
OF THE COMMISSION ON THE PROJECT; AND

(III) IS OTHER THAN AN AGENCY OF STATE
GOVERNMENT.

(2) THE SECRETARY.

THE GROUNDS FOR APPEAL BY THE SECRETARY
SHALL BE THAT THE DECISION IS INCONSISTENT WITH THE STATE
HEALTH PLAN OR ADOPTED CON STANDARDS.

(B) (1) A DECISION OF THE COMMISSION SHALL BE THE
FINAL DECISION FOR PURPOSES OF JUDICIAL REVIEW.

(2) A REQUEST FOR A RECONSIDERATION WILL STAY
THE FINAL DECISION OF THE COMMISSION FOR PURPOSES OF
JUDICIAL REVIEW UNTIL A DECISION IS MADE ON THE
RECONSIDERATION.