(1) Following the close of the written comment period, the department shall schedule a public hearing on the application. If written comments have been submitted in opposition to the agreement or transaction, the hearing must be held within the geographic territory covered by the proposed agreement or transaction. The hearing must be held no later than 60 days after the application is determined by the department to be complete. Notice of the hearing shall be mailed to the applicant and to all persons who have submitted written comments on the application. Notice also shall be published in the form prescribed by the department no later than 10 days before the hearing. The hearing shall be recorded in a manner suitable for transcription, but need not be transcribed unless the department's decision is appealed pursuant to 50-4-610, MCA. Costs associated with preparation of the transcript shall be paid by the party appealing the department's decision, unless otherwise ordered by the court.

(2) In its review of the application, the department may consider: the application and any supporting documents submitted by the applicants; the agreement; any written comments submitted by any person, and any written response by the applicants; any comments, written or oral, submitted at the public hearing; and any other material bearing on whether the proposed agreement or transaction meets the objectives of lower health care costs or improved access to health care or higher quality health care without any undue increase in health care costs.

(3) The department may seek advice and consultation from other entities, including but not limited to the department of public health and human services, the state health care advisory council, and the commissioner of insurance. Any written comment provided by such entities regarding the application is public information and available upon request to the applicants or any other person.

(4) The department's decision to issue or deny the certificate must be in writing and must contain all terms and conditions, if any, imposed by the department, and findings of fact and conclusions of law in support of its decision.