Section 19-128 - Appeal of administrative decision.
§ 19-128. Appeal of administrative decision.
(a) Aggrieved party defined.-
(1) In this section, "aggrieved party" means:
(i) An interested party who presented written comments on the application to the Commission and who would be adversely affected by the decision of the Commission on the project; or
(ii) The Secretary.
(2) The grounds for appeal by the Secretary shall be that the decision is inconsistent with the State health plan or adopted standards.
(b) Final decisions.-
(1) A decision of the Commission shall be the final decision for purposes of judicial review.
(2) A request for a reconsideration will stay the final decision of the Commission for purposes of judicial review until a decision is made on the reconsideration.
(c) Direct judicial appeal.- An aggrieved party may not appeal a final decision of the Commission to the board of review but may take a direct judicial appeal within 30 days of the final decision of the Commission.
(d) Commission as necessary party.- The Commission is a necessary party to an appeal at all levels of the appeal.
(e) Appeal to Court of Appeals.- In the event of an adverse decision that affects its final decision, the Commission may apply within 30 days by writ of certiorari to the Court of Appeals for review where:
(1) Review is necessary to secure uniformity of decision, as where the same statute has been construed differently by 2 or more judges; or
(2) There are other special circumstances that render it desirable and in the public interest that the decision be reviewed.
[1982, ch. 108, § 1; 1985, ch. 108; 1995, ch. 499, § 3; 1999, ch. 702, § 2; 2001, ch. 565, § 2.]