Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 580 - CERTIFICATE OF NEED APPLICATION INSTRUCTIONS AND FORMS › Section 333-580-0000 - General Instructions

Current through Register Vol. 63, No. 7, July 1, 2024
All applications must be completed in accordance with the
				instructions contained in this division. Only those parts which are pertinent
				and appropriate to the proposed project need be completed, but when a
				particular criterion or section is not applicable, the applicant must briefly
				explain why it does not apply. All documents submitted to the Public Health
				Division are public information. Assistance, or additional copies of the
				certificate of need rules, can be obtained upon request by contacting:
				Certificate of Need Review Coordinator, Public Health Division, 800 N.E.
				Oregon, #21, Portland, OR 97232. Phone: (971) 673-1108. Review of all
				applications not subject to abbreviated review under OAR
				333-560-0010 will be governed by the following considerations:
(1) The review process is governed by
			 divisions 545 through 670 of OAR chapter 333.
(2) An application must have been preceded by
			 a letter of intent on which the division has ruled; and the waiting period
			 defined in OAR
			 333-555-0010  must have been completed.
(3) A
			 single application should be filed for a project involving two or more project
			 types when most aspects of the overall project are interdependent for purposes
			 of making a decision.
(4) All
			 application contents must be typed or legibly printed.
(5) To assist in achieving the equitable and
			 objective review and determination, all replies required by this division
			 should be as complete as possible. Incomplete applications will delay the
			 review process.
(6) Any schedules
			 or continuation sheets called for must be attached to the applicable
			 section.
(7) External documents
			 (e.g., an applicant's long-range plan, or consultant's study report, etc.) may
			 be incorporated by reference as part of the application to avoid duplication of
			 effort by the applicant. When this option is taken, the application
must
show the chapter, page or section reference number of the
			 external document where the respective responses are contained, and the
			 document referenced must be provided to the division.
(8) Burden of proof for justifying need and
			 viability of a proposal rests with the applicant.
(9) Each certificate of need application must
			 be accompanied by an application fee made payable to the Public Health
			 Division, in the amount as shown in the Fee Schedule, OAR
			 333-565-0000(4).
(10) The division must make a
			 determination of completeness of all pertinent sections of the application with
			 15 days of receiving it, as provided in OAR
			 333-570-0020.
			 The division will notify the applicant in writing of the determination of any
			 additional information needed, or of completeness.
(11) Any amendments to the application must
			 be in writing, and will be considered in reference to OAR
			 333-570-0050.
			 Amendments may cause the application to be treated as a new application if
			 submitted more than 45 days following the division's written determination that
			 the application is complete, unless the division agrees to accept the
			 amendment.
(12) Applications may be
			 withdrawn at any time without prejudice (OAR
			 333-570-0050(1)). Applicants shall notify the division in writing of any withdrawal.
			 Application fee refunds may only be made if withdrawal is made in writing prior
			 to the division's determination of completeness (OAR
			 333-565-0000(3)
			 and (5)), or if the actual costs of a
			 completed project are over ten percent less than the approved costs (OAR
			 333-565-0000(6)(b)).
(13) Applicants must complete
			 all appropriate sections of the application, and submit to the division the
			 required number of copies of application forms (printed on white paper), and
			 all attachments describing the project, or responding to the review
			 criteria.
(14) Upon request by the
			 applicant, the division may waive the requirement for the completion of some
			 parts of the application. This will provide an opportunity for the applicant
			 and the division to eliminate unnecessary collection and submission of
			 information.
(15) Applicants for a
			 certificate of need shall provide four copies of the
entire
application to: Certificate of Need Review Coordinator, Public Health Division,
			 800 N.E. Oregon, #21, Portland, OR 97232. Four copies shall also be submitted
			 to the division of any amendments to the application or supplementary
			 materials.
(16) Preapplication
			 conferences are encouraged; and these application instructions are designed to
			 make application for a certificate of need relatively simple. However, Public
			 Health Division staff are available to further assist the applicant in this
			 process.
Stat. Auth.: ORS 431.120(6) & 442.315
Stats. Implemented: ORS 431.120(6) &
				  442.315