(a) The Advisory Health Council, upon review of a decision of the department, shall do one of the following:
(1) Enter an order affirming the decision of the department if it finds as to the respective basis of review that:
(A) The application was processed and the hearing conducted was consistent with this chapter, or that any inconsistency with respect thereto was immaterial to the decision of the department.
(B) There is substantial evidence in the record supporting the department’s decision.
(C) The department has not acted in an arbitrary and capricious manner.
(2) Enter an order remanding the decision of the department if it finds as to the respective basis of review that:
(A) The application was not processed or the hearing conducted was not consistent with this chapter, and this inconsistency was material to the decision rendered by the department.
(B) There is no substantial evidence in the record supporting the decision.
(C) The department has acted in an arbitrary or capricious manner.
(3) Enter an order reversing the decision of the department if it finds as to the respective basis of review that:
(A) The application was not processed or the hearing conducted was not consistent with the provisions of this chapter, and this inconsistency was material to the decision rendered by the department.
(B) There is no substantial evidence in the record supporting the decision.
(C) The department has acted in an arbitrary or capricious manner.
(b) Orders of the council authorized by this section shall be made only upon the affirmative vote of a majority of the council, with at least six of the affirmative votes cast by the following members:
(1) Representative of consumers of services for persons with intellectual disabilities appointed by the Governor.
(2) Representative of consumers of mental health services appointed by the Governor.
(3) Representative of local government appointed by the Governor.
(4) Representatives of the general consumer public appointed by the Governor, Senate Committee on Rules, or Speaker of the Assembly.
(5) Members of the Legislature appointed by the Senate Committee on Rules or Speaker of the Assembly.
(Amended by Stats. 2012, Ch. 457, Sec. 34. (SB 1381) Effective January 1, 2013.)