Haw. Code R. § 11-186-99 - Emergency situation
(a) If an emergency
situation is believed to exist, the applicant may file an emergency application
for a certificate of need on the form prescribed and furnished by the
agency.
(b) For purposes of this
section, an emergency situation is a state of affairs involving an actual
substantial injury to public health or where there is a clear and present
danger of such an injury occurring.
(c) Notwithstanding any other provision of
this chapter to the contrary, when the agency determines that the emergency
application is complete and before the agency files a decision on the merits of
the application, the agency shall make a reasonable effort to consult with and
to provide written or oral notification of the application to the chairperson
of the statewide council, the chairperson of the review panel, and, in the
event that the agency has determined that the application's primary target
group is less than the entire population of the State, the chairperson of the
appropriate subarea council or countywide review committee, or to an authorized
representative of any chairperson.
(d) After consideration of any timely
comments or recommendations on the emergency application, the agency shall file
a decision on the merits of the application pursuant to section
11-186-70 within ten days after the agency determines that the application is complete.
The agency may issue a certificate of need if the agency determines that an
emergency situation exists. The agency shall deny the certificate of need if
the agency determines that an emergency situation does not exist, that the
proposal is indirectly related to an emergency situation, or that other good
cause exists for the denial of the certificate of need.
(e) The decision on the merits of the
emergency application in subsection (d) of the section is the final decision of
the agency. The decision shall become final upon its filing without an
opportunity for any person to request a public hearing for reconsideration of
the decision pursuant to section
11-186-82.
(f) Except as provided in section
11-186-10,
the agency's denial of a certificate of need under this section is without
prejudice to the applicant's right to file a non-emergency application for a
certificate of need for the same proposal,, on the form prescribed and
furnished by the agency.
Notes
[Eff. 2/9/81; am JUL 01, 1982] (Auth: HRS Sec. 323D-44) (Imp: HRS Sec. 323D-44)
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