Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-2 - HEALTH PLANNING › Subject 111-2-2 - CERTIFICATE OF NEED › Rule 111-2-2-.10 - Determinations

Current through Rules and Regulations filed through June 27, 2024
(1)
General
				Provisions Relating to Determinations
(a) Determinations are conclusions of the
				Department that are based on specific facts and are limited to the specific
				issues addressed in the request for determination, as applicable. Therefore,
				the conclusions of a specific determination shall have no binding precedent in
				relation to parties not subject to the request and to other facts or factual
				situations that are not presented in the request.
(b) This Rule shall not be construed as
				providing an administrative remedy for decisions made by the Department
				pursuant to O.C.G.A. §
										31-6-43, which involve the
				approval or denial of applications for certificates of need.
(c) A person requesting a determination shall
				make such a request in writing and shall specify in detail all relevant facts,
				which relate to the proposed action or course of conduct. The request shall be
				directed to the General Counsel or his designee. The General Counsel or his
				designee shall respond to the request in writing. The request shall include, at
				a minimum, the following components:
1. a
				statement citing by appropriate reference the statutory provision or other
				authority under which the request is to be granted by the Department.
2. the exact legal name of each person whose
				rights are affected and who is requesting a determination and the address or
				principal place of business of each such person. A request may be submitted by
				an attorney or other party on behalf of such person, but the request must
				include the information required by this subsection relating to the person
				whose rights are affected;
3. The
				name, title, address, telephone number, facsimile telephone number and
				electronic mail address of the attorney or other person, if any, to whom
				correspondence or communications in regard to the request shall be addressed;
				and
4. An explanation of any
				unusual circumstances involved in the request which the Department will be
				expected to direct its particular attention, including the existence of
				emergency conditions.
(d)
				Requests for determination shall address only one matter per request.
(e) Requests for determination shall be
				submitted pursuant to and in compliance with Ga. Comp. R. & Regs. r.
				111-2-2-.06(6).
				Such requests shall also include one signed original of the written vendor
				lobbyist certification required by Ga. Comp. R. & Regs. r.
				111-1-2-.03(2).
(f) Requests for determination shall include
				payment of a request fee. Payment of the fee shall be by credit/debit card via
				the Department's website, certified check, or money order made payable to the
				State of Georgia Department of Community Health and must be received by the
				Department before a determination request will be reviewed. Failure to provide
				payment of the appropriate fee will result in non-acceptance of the request.
1. The request fee for determination shall be
				$250.00;
2. State-owned
				institutions shall be exempt from payment of these fees; and
3. The Department may waive payment of these
				fees for certain hospital authority facilities and for certain public
				non-profit providers when the Department determines that financial
				circumstances exist, which would justify such action. Such requests for waiver
				must be received at the time of the initial request.