TITLE 23
Health and Safety

CHAPTER 23-17.14
The Hospital Conversions Act

SECTION 23-17.14-34


§ 23-17.14-34 Judicial review.

(a) Notwithstanding any other provision of the general laws, any transacting party aggrieved by a final order of the department of health or the attorney general under this chapter may seek judicial review by original action filed in the superior court. Any preliminary, procedural, or intermediate agency act or ruling with respect to the filing of an application for conversion, including the completeness of the application, confidentiality of any information or documents produced in connection with a conversion, approval or disapproval of a conversion and conditions or restrictions proposed or determined with the respect to the approval of a proposed conversion, is immediately reviewable.

(b) Any action brought under this section shall be given priority by the superior court.

(c) In performing such review the superior court shall consider and balance the reasonable interests of the transacting parties and the reasonable interest of the citizens of the state in a safe, accessible, and affordable healthcare system.

(d) The court may affirm the decision of the agency or remand the case for further proceedings, or it may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

(1) Unreasonable;

(2) In violation of constitutional or statutory provisions;

(3) In excess of the statutory authority of the agency;

(4) Made upon unlawful procedure;

(5) Affected by other error or law;

(6) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(7) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

History of Section.
(P.L. 2000, ch. 325, § 2; P.L. 2012, ch. 258, § 1; P.L. 2012, ch. 259, § 1.)