1526                                          LAWS OF MARYLAND                                      Ch. 109

(2) TO MERGE OR CONSOLIDATE; AND

(3) TO BECOME MORE EFFICIENT AND EFFECTIVE.; AND

(4) TO CONVERT FROM ACUTE CAPACITY TO ALTERNATIVE
USES, WHERE APPROPRIATE.

(B)  ON PETITION BY THE HEALTH RESOURCES PLANNING COMMISSION
OR AND THE HEALTH SERVICES COST REVIEW COMMISSION, THE SECRETARY
MAY ORDER THAT A HOSPITAL OR PART OF A HOSPITAL OR HOSPITAL
SERVICE BE DELICENSED IF:

(1)  THE SECRETARY DETERMINES THAT DELICENSURE IS IN
THE PUBLIC INTEREST BECAUSE THERE IS AN EXCESS OF HOSPITAL
SERVICES, HOSPITAL BEDS, OR OTHER HOSPITAL FACILITIES WITHIN THE
HEALTH SERVICE AREA THE LAST RESORT AND A HOSPITAL OR HOSPITAL
SERVICES ARE EXCESSIVE OR INEFFICIENT, WHICH DETERMINATION SHALL
BE IS BASED UPON AND BE ON AND IS CONSISTENT NOT INCONSISTENT
WITH THE STATE HEALTH PLAN AND OR INSTITUTION SPECIFIC PLAN; AND

(2)  AN OPPORTUNITY FOR NOTICE AND HEARING IN
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT HAS BEEN GIVEN
TO THE AFFECTED HOSPITAL. AND IN THE AFFECTED POLITICAL
SUBDIVISION NOTICE SHALL BE GIVEN TO THE ELECTED PUBLIC OFFICIALS
AND FOR AT LEAST 2 CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL
CIRCULATION. ;

(3) THE HOSPITAL IS NOT THE SOLE PROVIDER OF HOSPITAL
SERVICES IN A COUNTY FOR WHICH THE COMMISSION AND HEALTH SERVICES
COST REVIEW COMMISSION HAVE PETITIONED FOR ALL OF THE BEDS OF THE
HOSPITAL TO BE DELICENSED;

(C)  THE HEALTH RESOURCES PLANNING COMMISSION AND THE HEALTH
SERVICES COST REVIEW COMMISSION ARE NECESSARY PARTIES TO ANY
PROCEEDING IN ACCORDANCE WITH THIS SECTION.

(D)  ANY PERSON WHO IS AGGRIEVED BY A FINAL DECISION OF THE
SECRETARY UNDER THIS SECTION MAY NOT APPEAL TO THE BOARD OF
REVIEW, BUT MAY TAKE A DIRECT JUDICIAL APPEAL.

(E)  THE APPEAL SHALL BE MADE AS PROVIDED FOR JUDICIAL
REVIEW OF FINAL DECISIONS IN THE ADMINISTRATIVE PROCEDURE ACT.

(F)  THE SECRETARY MAY PARTICIPATE IN ANY APPEAL OF A
DECISION MADE IN ACCORDANCE WITH THIS SECTION.

(G) THE SECRETARY MAY APPEAL ANY DECISION THAT AFFECTS ANY
FINAL DECISION UNDER THIS SECTION TO A HIGHER LEVEL FOR FURTHER
REVIEW.

(G) IN THE EVENT OF AN ADVERSE DECISION THAT AFFECTS ITS
FINAL DECISION, THE SECRETARY MAY APPLY WITHIN 30 DAYS BY WRIT OF

CERTIORARI TO THE COURT OF APPEALS FOR REVIEW WHERE: