§323D-45  Subarea council, review panel, andstatewide council recommendations for issuance or denial of certificates ofneed.  (a)  Except for an administrative review as provided in section323D-44.5, or in an emergency situation or other unusual circumstances asprovided in section 323D-44(c), the state agency shall refer every applicationfor a certificate of need to the appropriate subarea council or councils, thereview panel, and the statewide council.  The subarea council and the reviewpanel shall consider all relevant data and information submitted by the stateagency, subarea councils, other areawide or local bodies, and the applicant,and may request from them additional data and information.  The review panelshall consider each application at a public meeting and shall submit itsrecommendations with findings to the statewide council.  The statewide councilshall consider the recommendation of the review panel at a public meeting andshall submit its recommendations to the state agency within such time as thestate agency prescribes.  The statewide council and the review panel may jointogether to hear or consider simultaneously information related to anapplication for a certificate of need.

(b)  At a public meeting in which a subareacouncil 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 presentoral or written arguments and evidence relevant to the application; any persondirectly affected by the application may conduct reasonable questioning ofpersons who make factual allegations relevant to the application; any staffmember of the state agency may conduct reasonable questioning of persons whomake factual allegations relevant to the application; and a record of themeeting shall be kept. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2; amL 1980, c 75, §14; am L 1984, c 267, §11; am L 1987, c 270, §12]