The opinion of the court was delivered by: Justice Reid
Appeal from the Circuit Court of Cook county. The Honorable Lester Foreman Judge Presiding
The appellant, Marion Hospital Corporation (Marion), appeals the circuit court's decision to affirm the Illinois Health Facilities Planning Board's (Board) approval of the application of appellee Southern Illinois Hospital Services d/b/a Memorial Hospital of Carbondale (Carbondale), for a permit to add open heart surgery service at its hospital. Marion contends that the actions of the Board in approving Carbondale's application were arbitrary and capricious, where Carbondale's application failed to meet certain review criteria. For the following reasons, we affirm.
On February 10, 1999, Carbondale completed an application for a permit to add adult open heart surgery service at its hospital. The Illinois Department of Public Health issued a report evaluating Carbondale's application. The report found that Carbondale did not meet the review criterion of section 1110.1230(b) of the Administrative Code, which provides:
"The applicant must document that a minimum of 200 open heart surgical procedures will be performed during the second year of operation or that 750 cardiac catheterizations were performed in the latest 12 month period for which data is available. Anticipated open heart surgical volume must be documented by historical referral volume of at least 200 patients directly referred following catheterization at the applicant facility to other institutions for open heart surgery for each of the last two years." 77 Ill. Adm. Code §1110.1230(b) (1998).
On May 21, 1999, the Board met to consider Carbondale's application. It is undisputed between the parties that Carbondale's application failed to meet section 1110.1230(b). At the meeting, the Board approved Carbondale's application. On June 15, 1999, the Board issued a permit letter to Carbondale setting forth the terms of the permit.
On July 16, 1999, Marion filed its complaint for administrative review of the Board's decision to grant Carbondale's permit. The Board moved to dismiss the complaint. On May 18, 2000, the circuit court affirmed the Board's decision. On June 6, 2000, Marion filed its notice of appeal.
The appellee initially contend that the trial court lacked jurisdiction because Marion failed to file its complaint within 35 days of the Board's decision pursuant to section 3-103 of the Code of Civil Procedure (735 ILCS 5/3-103 (1998)). We disagree.
"Every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision." 735 ILCS 5/3-103 (1998).
In Marion Hospital Corp. v. Health Facilities Planning Board, 321 Ill. App. 3d 115 (2001), PLA allowed, June 29, 2001, No. 91479. The Board voted to grant a permit application on May 21, 1999. The Board sent via certified mail a letter dated June 1, 1999, informing the proper party that it had been granted a permit and outlining the conditions of the permit. The plaintiff, Marion, filed its complaint for administrative review on July ...