[(12)] (13) The decision of the Commission shall be by a majority of the
quorum present and voting[, except that no project shall be approved without the
affirmative vote of at least two consumer members of the Commission],

(e) Where the State health plan identifies a need for additional hospital bed
capacity in a region or subregion; in a comparative review of 2 or more applicants for
hospital bed expansion projects, a certificate of need shall be granted to 1 or more
applicants in that region or subregion that:

(1) Have satisfactorily met all applicable standards;

(2) (i) Have within the preceding 10 years voluntarily delicensed the
greater of 10 beds or 10 percent of total licensed bed capacity to the extent of the beds
that are voluntarily delicensed; or 

(ii) Have been previously granted a certificate of need which was
not recertified by the Commission within the preceding 10 years; and

(3) The Commission finds at least comparable to all other applicants.

(f) (1) If any party or interested person requests an evidentiary hearing
with respect to a certificate of need application for any health care facility other than
an ambulatory surgical facility and the Commission, in accordance with criteria it has
adopted by regulation, considers an evidentiary hearing appropriate due to the
magnitude of the impact that the proposed project may have on the health care
delivery system, the Commission or a committee of the Commission shall hold the
hearing in accordance with the contested case procedures of the Administrative
Procedure Act.

(2) Except as provided in this section or in regulations adopted by the
Commission to implement the provisions of this section, the review of an application
for a certificate of need for an ambulatory surgical facility is not subject to the
contested case procedures of Title 10, Subtitle 2 of the State Government Article.

(g) (1) An application for a certificate of need shall be acted upon by the
Commission no later than 150 days after the application was docketed.

(2) If an evidentiary hearing is not requested, the Commission's decision
on an application shall be made no later than 90 days after the application was
docketed.

(h) (1) The applicant or any aggrieved party, as defined in [§ 19-120(a)] §
19-129(A) of this subtitle, may petition the Commission within 15 days for a
reconsideration.

(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.