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



(1)  It presents significant, relevant information not
previously considered by the state agency;



(2)  It demonstrates that there have been significant
changes in factors or circumstances relied upon by the state agency in reaching
its decision;



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



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



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



To be effective a request for such a hearing shall
be received within ten working days of the state agency decision.  A decision
of the reconsideration committee following a public hearing under this section
shall be considered a decision of the state agency for purposes of section
323D-44. [L 1977, c 178, pt of §2; am L 1987, c 270, §13; am L 1997, c 336,
§11]