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Session Laws, 1999
Volume 796, Page 3849   View pdf image
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(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.

[19-119.] 19-128.

The circuit court for the county where a health care project is being developed or
operated in violation of [Part I] THIS PART II of this subtitle may enjoin further
development or operation.

[19-120.] 19-129.

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

(i) 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

(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) AN AGGRIEVED PARTY MAY NOT APPEAL A FINAL DECISION OF THE
COMMISSION TO THE BOARD OF REVIEW BUT MAY TAKE A DIRECT JUDICIAL APPEAL
WITHIN 30 DAYS OF THE FINAL DECISION OF THE COMMISSION.

[(c)] (D) The Commission is a necessary party to an appeal at all levels of the
appeal,

[(d)] (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.

[19-123.] 19-130.

(a) Notwithstanding the fact that a merger or consolidation may limit free
economic competition, the Commission may approve the merger or consolidation of 2
or more hospitals if the merger or consolidation:

 

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Session Laws, 1999
Volume 796, Page 3849   View pdf image
 Jump to  
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