11.0265 Issuance of certificate-Director action contrary to board.

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(a) The agency director, acting on the findings of the review board, shall issue a certificate of need to each applicant where application has received a positive determination of need by the review board. No certificate of need may be issued unless the review board has determined that there is a need for the project according to the procedures and criteria contained in 11.0205 (1) or adopted under 11.0209.1 ASCA, and this chapter.

(b) The agency director may act contrary to appeal the decision of the review board only if he can show reasonable evidence that the review board has:

(1) overlooked or ignored important evidence before it in reaching its decision;

(2) failed to follow appropriate procedures prescribed in this chapter;

(3) acted without regard for a conflict of interest situation; or

(4) received improper verbal communications during the course of the review.

History: Rule 8-79, eff 16 Jul 79, Det. of Need Rules and Proc. § 26.6.