11-17-08
A-4438-06T2
If a health care facility's application for a certificate
of need is denied, and the facility fails to appeal from the
grant of a certificate of need to another medical facility for
the same medical service, an appeal from the denial of the
certificate may become moot if the successful applicant has
instituted the new medical service. If an Administrative Law
Judge makes findings of fact and conclusions of law which
indicate that the agency head's preliminary decision was
erroneous, the agency head must consider that decision de novo
in light of the Administrative Law Judge's findings and
conclusions.
