Annexation - Eden Township Hospital Dist, 02-15-1972

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A Clarification Aic-Pub Hdan Facilities 6 Qufttions concerning administra- tive procedures and appeals under the State Health Planning Law have been clarified in an opinion by Attor- ney General Evelle J. Younger. Younger says that the voluntary area health planning agency in each of the 12 areas throughout the state designated by the Legislature must hold a public hearing in conducting its business of approving or disap- proving applications concerning con- struction expansion or alteration of hospital and other health facilities. "The public hearing," the Attorney General continued, "must be held [upon reasonable notice] before a minimum of five persons, a majority of whom shall be consumers" of health services. "The decision consisting of find- ings of fact and recommendations must be made by concurrence of a minimum of five persons who were present at the hearing, a majority of whom shall be consumers." "In short," Younger said, "there is no workable quorum unless (1) there is a minimum of five board members present, and (2) regardless of whether there are five or more mem- bers present the majority must be consumers." "Once- the quorum is established and the composition of the meeting is such as to meet the requirements of the rules, then the voting is by a simple majority." The opinion also indicated that the 21-member Health Planning Coun- cil is empowered to hear appeals from: (1) applicants whose applica- tions have been denied; and (2) a minority but more than a third of the board members of a local or area health planning agency whose recom- mendations have been rejected. The appeal of the applicant, Youn- ger noted, should first be made to the consumer members of the other voluntary area health planning agen- cy which was designated by the Health Planning Council as an ap- peals body for the agency rejecting the application. Younger went on to explain that under the Health Planning Law the decision which is reviewable by the courts is the final decision rendered by the Health Planning Council. "Judicial review of this decision Is available through administrative mandamus as provided in section 1094.5 of the Code of Civil Pro- cedure," he said. The opinion was prepared by Deputy Attorn_ey_General Edward M. I Blasco, and was issued in response tr, inquiries from Robert L. Jackson, executive secretary of the State Health Planning Council. t