Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 2 - APPLICATIONS; REVIEWS › Section R. 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

Current through Vol. 24-12, July 15, 2024
Rule 206.
(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 applicants 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.