State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-42

§ 131E‑42.  Hearingand determination.

(a)        After receipt of a petition for the creation of a hospitaldistrict that meets the requirements of G.S. 131E‑41(a) and that has beenapproved by the county board of commissioners, the North Carolina Medical CareCommission shall give notice of a hearing on the creation of a hospitaldistrict. The notice of hearing shall be posted at the county courthouse doorand at three public places within the proposed district. In addition, notice ofhearing shall be published at least once for three successive weeks in anewspaper circulating in the proposed district. The notice of hearing shallspecify:

(1)        The date of hearing which shall not be earlier than 20 daysafter the first posting and publication of notice;

(2)        The location of the hearing, which shall be within thecounty in which the proposed district would be located; and

(3)        That any interested person may appear and be heard at thehearing.

(b)        At the time and place specified in the notice of hearing,the North Carolina Medical Care Commission, or its designee, shall hear allinterested persons, and, if necessary, adjourn and reconvene at a later time.

(c)        After the hearing, the North Carolina Medical CareCommission shall determine if it is in the public interest and beneficial tothe residents of the area to create a hospital district, and, if it is, shalladopt a resolution creating the hospital district. The resolution shall definethe area to be included in the hospital district. The area shall either be theone described in the petition or a part of that area. However, no municipality,in whole or in part, shall be included in a hospital district unless thegoverning body of  the municipality shall have approved by resolution theinclusion and shall have filed a certified copy of the resolution with theNorth Carolina Medical Care Commission.

(d)        Each hospital district shall be designated by the NorthCarolina Medical Care Commission as the "______ Hospital District of______ County," inserting in the blank spaces a name identifying thelocality and the name of the county.

(e)        The North Carolina Medical Care Commission shall give noticeof the creation of a hospital district. The notice shall be published at leastonce for two successive weeks in the newspaper in which the notice of hearingrequired by G.S. 131E‑42(a) was published. A notice substantially in thefollowing form, the blanks first being properly filled in, with the printed orwritten signature of the executive secretary of the North Carolina Medical CareCommission appended, shall be published with the resolution:

The foregoing resolutionwas passed by the North Carolina Medical Care Commission on the _______ dayof_______,____; it was first published on the ______ day of________, _____.

Any action or proceedingquestioning the validity of the resolution or creation of the ______ HospitalDistrict of______ County or the inclusion in the district of any of the areasdescribed in the resolution must be commenced within thirty days after thefirst publication of this resolution.



North Carolina Medical

Care Commission.

 (1943, c. 766, s. 5;1951, c. 805; 1953, c. 1045, ss. 1, 2; 1959, c. 877; 1973, c. 476, s. 152; c.1090, s. 1; 1983, c. 775, s. 1; 1999, c. 456, s. 59.)