Mich. Admin. Code 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
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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.