Section 325.9206. Nonsubstantive review; procedure; time for decision; notice; effect of denial of request for review; department decision to deny review not subject to administrative appeal; review period; submittal of regional certificate of need review agency's recommendations.

(1) The department shall determine whether an application submitted for nonsubstantive review is complete as provided by R 325.9201(3). The department shall notify the applicant of its decision and send a copy of the decision to the appropriate regional certificate of need review agency. The department's decision to deny nonsubstantive review of a project is not subject to administrative hearing or appeal.

(2)     If a request for nonsubstantive review is denied, the application is deemed submitted for the purposes of substantive review on the next designated application date after the date of denial and the time frames to determine completeness for substantive review shall be those in R 325.9201(3).

(3)   The department shall consider only those applications that are filed on or before the designated application date and will determine whether the application is complete or incomplete. The department shall provide notification of a determination to the applicant and the appropriate regional certificate of need review agency within 15 days of receipt of the application. The applicant has 15 days from receipt of the department's notice to

provide additional information or otherwise complete the application. If additional information is not requested by the department, the department will consider the application to be complete as submitted by the applicant on the designated application date. If additional information is requested, the department will consider the application to be complete on the date the department receives the applicant’s responses. If the additional information requested is not received within 15 days, the application will be deemed complete.

(4)   The period for the review of a nonsubstantive application shall be not more than

45 days from the date the application is deemed complete by the department. The appropriate regional certificate of need review agency shall submit its recommendations with respect to a nonsubstantive application within 30 days of the date the application is accepted for nonsubstantive review by the department so that the recommendations can be included in the department's review process. If new or revised certificate of need review standards applicable to a proposed project become effective before the issuance of a final decision by the director of the department, the review and issuance of proposed and final decisions shall be made according to the provisions of R 325.9229.

(5)   The department's review shall be conducted using the completed application and any other information the department considers relevant to the decision and under all applicable provisions in the certificate of need review standards and the code, including information which becomes available or developments which occur after the date an application is deemed complete.

(6)    Before issuing a proposed decision, the bureau shall notify an applicant of all information that the department relied upon in conducting the department's review. If the department relies on information, other than submitted by the applicant in its application, the bureau or department shall cite in the proposed or final decision letter, as applicable, the information it relied upon. The department shall make this information available to the public upon request.

History: 1986 AACS; 1996 AACS; 2014 AACS.