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



(b)  If the attorney general does not act
within ninety days after receipt of an application, the application shall be
deemed approved.  If the attorney general approves or disapproves the
acquisition, the applicant, or any person who has submitted comments and has a
legal interest in the hospital being acquired or in another hospital that has
contracted with the acquired hospital for the provision of essential health
services, may bring an action for declaratory judgment for a determination that
the acquisition is or is not in the public interest under the criteria set
forth in section 323D-76.



(c)  The agency shall review the completed
application 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 any
specific modifications; or



(2)  Disapprove the acquisition.



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



(d)  Any affected person may appeal a final
decision by the agency to the reconsideration committee created under section
323D-47 under procedures substantially similar to those for appeals of health
care certificate of need decisions.  The reconsideration committee shall have
the same powers and duties with respect to appeals under this part as exist for
appeals to the reconsideration committee regarding issuance of certificates of
need.  The findings, conclusions, and decisions of the reconsideration
committee shall constitute the determination of the agency.  The agency, the applicant,
or any affected person who has intervened in the matter before the
reconsideration committee may seek judicial review of any agency determination.



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