[§323D-75]  Review; decision; rules. (a)  The attorney general shall conduct its review of the application inaccordance with the standards enumerated in section 323D-76.  Within ninetydays after receipt of an application, the attorney general shall review andapprove or disapprove the acquisition.

(b)  If the attorney general does not actwithin ninety days after receipt of an application, the application shall bedeemed approved.  If the attorney general approves or disapproves theacquisition, the applicant, or any person who has submitted comments and has alegal interest in the hospital being acquired or in another hospital that hascontracted with the acquired hospital for the provision of essential healthservices, may bring an action for declaratory judgment for a determination thatthe acquisition is or is not in the public interest under the criteria setforth in section 323D-76.

(c)  The agency shall review the completedapplication in accordance with the standards enumerated in section 323D-77. Within ninety days after receipt of a completed application, the agency shall:

(1)  Approve the acquisition, with or without anyspecific modifications; or

(2)  Disapprove the acquisition.

The agency shall not make its decision subject toany condition not directly related to criteria enumerated in section 323D-77,and any condition or modification shall bear a direct and rational relationshipto the application under review.

(d)  Any affected person may appeal a finaldecision by the agency to the reconsideration committee created under section323D-47 under procedures substantially similar to those for appeals of healthcare certificate of need decisions.  The reconsideration committee shall havethe same powers and duties with respect to appeals under this part as exist forappeals to the reconsideration committee regarding issuance of certificates ofneed.  The findings, conclusions, and decisions of the reconsiderationcommittee shall constitute the determination of the agency.  The agency, the applicant,or any affected person who has intervened in the matter before thereconsideration committee may seek judicial review of any agency determination.

(e)  If both the agency and the attorneygeneral review the application, it shall not be granted unless it is approvedby both. [L 1998, c 257, pt of §1]