SOUTH BEND, Ind. (AP) — The Indiana State Department of Health is appealing an administrative law judge’s recommendation that a proposed abortion clinic be allowed to open in South Bend.

The agency announced Tuesday an appeals panel consisting of two members of its executive board and an administrative law judge will hear the matter at an undetermined date.

Following a two-day hearing, Judge Clare Deitchman recommended Sept. 14 that Texas-based Whole Woman’s Health Alliance be granted the license.

The health department previously had concluded the nonprofit failed to meet requirements of having “reputable and responsible character” and that it didn’t disclose necessary information on its application. Deitchman said the agency failed to show the application was “incomplete or inaccurate.”

The proposed clinic would offer medication-induced abortions to women who are up to 10 weeks pregnant.