§323D-47  Request for reconsideration. The state agency may provide by rules adopted in conformity with chapter 91 fora procedure by which any person may, for good cause shown, request in writing apublic hearing before a reconsideration committee for purposes ofreconsideration of the agency's decision.  The reconsideration committee shallconsist of the administrator of the state agency and the chairpersons of thestatewide council, the review panel, the plan development committee of thestatewide council, and the appropriate subarea health planning council.  Theadministrator shall be the chairperson of the reconsideration committee.  Arequest for a public hearing shall be deemed by the reconsideration committeeto have shown good cause, if:

(1)  It presents significant, relevant information notpreviously considered by the state agency;

(2)  It demonstrates that there have been significantchanges in factors or circumstances relied upon by the state agency in reachingits decision;

(3)  It demonstrates that the state agency hasmaterially failed to follow its adopted procedures in reaching its decision;

(4)  It provides such other bases for a public hearingas the state agency determines constitutes good causes; or

(5)  The decision of the administrator differs fromthe recommendation of the statewide council.

To be effective a request for such a hearing shallbe received within ten working days of the state agency decision.  A decisionof the reconsideration committee following a public hearing under this sectionshall be considered a decision of the state agency for purposes of section323D-44. [L 1977, c 178, pt of §2; am L 1987, c 270, §13; am L 1997, c 336,§11]