1510                                              LAWS OF MARYLAND                                         Ch. 108

(E) ON REQUEST BY A PERSON WHOSE APPLICATION HAS BEEN

AFFECTED BY THIS SECTION, THE COMMISSION SHALL RESUME

CONSIDERATION OF THAT APPLICATION AFTER THE SPECIFIED TIME PERIOD
HAS ELAPSED.

(F) A CERTIFICATE OF NEED APPLICATION ADDRESSING EMERGENCY
CIRCUMSTANCES POSTING A THREAT TO PUBLIC HEALTH, AS DEFINED BY THE
COMMISSION IN ITS SOLE DISCRETION AND APPROVED BY THE GOVERNOR,
MAY NOT BE SUBJECT TO SUSPENSION.

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; AND

(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
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.

(c)  Until December 31, 1982, a party aggrieved by a
decision to grant or deny an application for a certificate of
need may appeal that decision to the Secretary under the
regulations of the Maryland State Health Planning Agency in
effect on October 1, 1982. The Secretary shall decide any appeal
filed through the conclusion of that case.

(D) THE COMMISSION IS A NECESSARY PARTY TO AN APPEAL AT ALL
LEVELS OF THE APPEAL.

(E) THE COMMISSION MAY APPEAL ANY DECISIONS THAT AFFECT ANY
OF ITS FINAL DECISIONS TO A HIGHER LEVEL FOR FURTHER REVIEW.