PARRIS N. GLENDENING, Governor                             Ch. 499

(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.

(i) 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.

[(J) Until December 31, 1982, certificate of need decisions and any other
responsibility or authority of the Commission under this section 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 section.]

19-120.

(a)     (1) In this section, "aggrieved party" means:

[(1)](I) [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.] AN INTERESTED PARTY WHO PRESENTED WRITTEN COMMENTS ON THE
APPLICATION TO THE COMMISSION AND WHO WOULD BE ADVERSELY AFFECTED BY
THE DECISION OF THE COMMISSION ON THE PROJECT; OR

[(2)](II) The Secretary.

(2) 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)](C) The Commission is a necessary party to an appeal at all levels of the
appeal.

- 2877 -