§323D-45  Subarea council, review panel, and
statewide council recommendations for issuance or denial of certificates of
need.  (a)  Except for an administrative review as provided in section
323D-44.5, or in an emergency situation or other unusual circumstances as
provided in section 323D-44(c), the state agency shall refer every application
for a certificate of need to the appropriate subarea council or councils, the
review panel, and the statewide council.  The subarea council and the review
panel shall consider all relevant data and information submitted by the state
agency, subarea councils, other areawide or local bodies, and the applicant,
and may request from them additional data and information.  The review panel
shall consider each application at a public meeting and shall submit its
recommendations with findings to the statewide council.  The statewide council
shall consider the recommendation of the review panel at a public meeting and
shall submit its recommendations to the state agency within such time as the
state agency prescribes.  The statewide council and the review panel may join
together to hear or consider simultaneously information related to an
application for a certificate of need.



(b)  At a public meeting in which a subarea
council or the review panel considers an application for a certificate of need,
any person shall have the right to be represented by counsel and to present
oral or written arguments and evidence relevant to the application; any person
directly affected by the application may conduct reasonable questioning of
persons who make factual allegations relevant to the application; any staff
member of the state agency may conduct reasonable questioning of persons who
make factual allegations relevant to the application; and a record of the
meeting shall be kept. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2; am
L 1980, c 75, §14; am L 1984, c 267, §11; am L 1987, c 270, §12]