Sec. 10.24.01.19. Reconsideration Procedures

A. Request for Reconsideration. For good cause shown, an aggrieved party may request that the Commission conduct a hearing to reconsider a Commission final decision to grant, to grant with conditions, or to deny a Certificate of Need application or determination of exemption issued under Regulation .04 of this chapter. This request shall be in writing and filed with the Commission within 15 days of the date upon which the Commission renders its decision.

B. Good Cause. For purposes of this regulation, a request for a reconsideration shows good cause if it:

(1) Presents significant, relevant information which was not previously presented to the Commission and which, with reasonable diligence, could not have been presented before the Commission made its decision;

(2) Demonstrates that there have been significant changes in factors or circumstances relied upon by the Commission in reaching its decision; or

(3) Demonstrates that the Commission has materially failed to follow its adopted procedures in reaching its decision.

C. Notice of Reconsideration Request. Written notice of the date on which the Commission will consider the reconsideration request shall be provided at least 15 days before the Commission considers the request to the person making the request, each applicant, each interested party, and each relevant local health department. Each interested party may file a written response. A request to present oral arguments shall be made at the time of filing an initial request for reconsideration or a response.

D. In considering the reconsideration request, the Commission shall initially determine whether good cause has been demonstrated. If so, the Commission may reevaluate its previous decision at that time. The Commission may affirm, reverse, or modify its previous decision.

E. Commission Decision Following Reconsideration. If the Commission changes its decision as a result of the reconsideration request, the Commission shall make written findings of fact and conclusions of law stating the basis for its decision within 30 days of its decision on the request.

F. Reconsideration Decision Is a New Final Decision. The decision of the Commission on reconsideration is the final decision of the Commission for purposes of appeal of the decision.