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Session Laws, 1985
Volume 760, Page 1511   View pdf image
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HARRY HUGHES, Governor                                      1511

(E) IN THE EVENT OF AN ADVERSE DECISION THAT AFFECTS ITS
FINAL DECISION, THE COMMISSION MAY APPLY FOR REVIEW OF THE
DECISION BY WRIT OF CERTIORARI TO THE COURT OF APPEALS.

SECTION 2. AND BE IT FURTHER ENACTED, That the Health

Resources Planning Commission shall report to the General

Assembly by October 1,1986, and each year thereafter, on the

following:

(1) Cases that are appealed by the Commission;

(2) Regulatory, procedural, and police changes that
were made in the past fiscal year and that will be made in the
current fiscal year;

(3) Detailed information for each certificate of need
application for the past year which includes description, cost,
dates, number of hearings, and time required;

(4) Involvement of interested parties in the

regulatory process; and

(5) Actions taken to revise the certificate of need
requirements and alternatives to streamline the process.

SECTION 2 3. AND BE IT FURTHER ENACTED, That this Act shall
take effect June 1, 1985.

(E) IN THE EVENT OF AN ADVERSE DECISION THAT AFFECTS ITS
FINAL DECISION, THE COMMISSION MAY APPLY WITHIN 30 DAYS BY WRIT
OF CERTIORARI TO THE COURT OF APPEALS FOR REVIEW WHERE:

(1) REVIEW IS NECESSARY TO SECURE UNIFORMITY OF
DECISION, AS WHERE THE SAME STATUTE HAS BEEN CONSTRUED
DIFFERENTLY BY 2 OR MORE JUDGES; OR

(2) THERE ARE OTHER SPECIAL CIRCUMSTANCES THAT RENDER
IT DESIRABLE AND IN THE PUBLIC INTEREST THAT THE DECISION BE
REVIEWED.

SECTION 2. AND BE IT FURTHER ENACTED, That if a moratorium
on certificate of need applications is imposed pursuant to a law
enacted by the General Assembly of Maryland at the 1985 Session
providing for a moratorium until October 1, 1985, the Health
Resources Planning Commission shall, within 180 days after the
termination of such moratorium, act on all applications for
certificate of need that had been pending before the Commission
during the period of the moratorium. If the Commission fails to

act on such applications during this 180 day period, any

suspension or moratorium imposed by the Governor under this Act
may not affect those applications that were under the moratorium
that will expire on October 1, 1985.

 

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Session Laws, 1985
Volume 760, Page 1511   View pdf image
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