Kentucky Revised Statutes

Ky. Rev. Stat. § 216B.090 (2026)

Reconsideration of cabinet's decisions

✓ current as of May 2026

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(1) Any party to the proceedings may, for good cause shown, request in writing a hearing for purposes of reconsideration of a decision of the cabinet pertaining to a certificate of need or the revocation of a certificate of need under procedures promulgated by administrative regulation. The request shall be filed within fifteen (15) days of the notice of the decision. For purposes of this section there shall be deemed to be "good cause shown" if the request for a public hearing: (a) Presents significant, relevant information not previously available for consideration by the cabinet; (b) Demonstrates that there have been significant changes in the factors or circumstances relied upon by the cabinet in reaching its decision; (c) Demonstrates that the cabinet has materially failed to follow its adopted procedures in reaching its decision; or (d) States that a public hearing pursuant to KRS 216B.085 was not conducted prior to a decision to deny a certificate of need. (2) If a public hearing is granted, it shall be held within thirty (30) days after the decision to grant the request for reconsideration. The hearing shall be conducted in accordance with the provisions of this chapter. The cabinet shall make its decision on reconsideration and shall give notice thereof. The decision of the cabinet shall be final for purposes of judicial appeal. An approved certificate of need shall be issued forty (40) days after notice of the cabinet's decision unless a judicial appeal is taken and issuance is enjoined by the court. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 371, sec. 52, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 38, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 499, sec. 9, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 210, sec. 22, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 18, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 17, effective July 15, 1980.

Notes of Decisions

Cited in 3 cases, 1993–2013 · leading case: Comprehensive Home Health Servs., Inc. v. Prof'l Home Health Care Agency, Inc., 434 S.W.3d 433 (Ky. 2013).

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Comprehensive Home Health Servs., Inc. v. Prof'l Home Health Care Agency, Inc., 434 S.W.3d 433 (Ky. 2013). · cites it 2× “Finally, under KRS 216B.090(2), “[a]n approved certificate of need shall be issued forty (40) days after notice of the cabinet’s decision unless a judicial appeal is taken and issuance is enjoined by the court.”

ACSR, Inc. v. Cabinet for Health Servs., 32 S.W.3d 96 (Ky. Ct. App. 2000). “Pursuant to KRS 216B.090 and KRS 216B.085(4), ACSR filed a request for reconsideration, which was denied by the ALJ.”

Med. Pers. Pool of Louisville, Inc. v. Mgmt. Registry, Inc., 869 S.W.2d 42 (Ky. Ct. App. 1993). “” Spaid was then afforded the option of requesting a reconsideration hearing if such was called for, KRS 216B.090, or appealing the decision of CHECK by filing a petition for review in the Franklin Circuit Court.”

— Ky. Rev. Stat. § 216B.090(2) — 1 case

Comprehensive Home Health Servs., Inc. v. Prof'l Home Health Care Agency, Inc., 434 S.W.3d 433 (Ky. 2013). “Finally, under KRS 216B.090(2), “[a]n approved certificate of need shall be issued forty (40) days after notice of the cabinet’s decision unless a judicial appeal is taken and issuance is enjoined by the court.”

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