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Me. Rev. Stat. tit. 22, § 340

Reconsideration

Known as the Maine Certificate of Need Act

The act spans §§ 326 to 350-C (31 sections).

PL 2001, c. 664, §2 (NEW).

Any person directly affected by a review under this chapter may, for good cause shown, request in writing a hearing for the purpose of reconsideration of the decision of the department to issue or to deny a certificate of need.

1. Timing for request. A request for hearing for reconsideration under this section must be received within 30 days of the department's decision.

2. Hearing. If the department determines that good cause for a hearing under this section has been demonstrated, the department shall commence a hearing within 30 days of receipt of the request. For purposes of this section, a request for a hearing is considered to show good cause if it:

A. Presents significant, relevant information not previously considered by the department;

B. Demonstrates that there have been significant changes in factors or circumstances relied upon by the department in reaching its decision;

C. Demonstrates that the department has materially failed to follow its adopted procedures in reaching its decision; or

D. Provides other bases for a hearing that the department has determined constitute good cause.

3. Decision. A decision must be rendered within 60 days of the commencement of a hearing under this section, except that the parties may agree to a longer time period.

Official source: Maine Legislature. Reproduced from public-domain Maine statutes; confirm against the official source for the current text. Not legal advice.