Or. Admin. R. 333-560-0150 - Procedures for Accelerated Review

Current through Register Vol. 61, No. 4, April 1, 2022

(1) The accelerated review process will be initiated upon the written request of the applicant and payment of the fee specified in OAR 333-565-0000(4). Decisions to grant or not to grant accelerated review will be based on a letter of intent which has been properly filed by the applicant under OAR 333-555-0000 through 333-555-0020 and on the Authority's findings concerning whether the conditions for accelerated review under OAR 333-560-0140 and the requirements of this rule have been met. In addition to a letter of intent, applicants seeking accelerated review must submit sufficient information and narrative to allow the Authority to make findings regarding the conditions and requirements for accelerated review set out in OAR 333-560-0140 and this rule. The applicant must provide the letter of intent and other materials submitted for review in both electronic and paper formats.
(2) The Authority will hold at least one public meeting in the geographical area affected by the proposed relocation prior to issuing a decision. The purpose of the public meeting is to discuss issues relevant to the project under review and to allow submission of documents or other evidence relevant to the application:
(a) Authority staff will chair and conduct the meeting.
(b) Any person may speak at a public meeting, and any person who speaks at the public meeting may be questioned by the Authority's staff. No questions by other than staff of the Authority will be allowed, unless permission is given by the chair. The chair may set time limits for testimony in order to assure a timely and equitable presentation of information.
(c) Notice of the public meeting will be given to the applicant; any hospitals located in the affected service areas; newspapers providing general circulation to the affected service areas; and persons who have requested and been granted designation as affected parties.
(d) The Authority will not unnecessarily delay scheduling the public meeting(s).
(3) The applicant must provide the Authority with the following documents:
(a) A copy of a city council or county board of commissioners resolution supporting the siting of the facility in its jurisdiction. A city council resolution is required if the facility is to be located within the boundaries of a city, otherwise a county board of commissioners resolution is required; and
(b) Proof that zoning approval for the facility has been applied for or obtained.
(4) The division will provide written notification to the applicant that accelerated review is:
(a) Denied and state the reason; or
(b) Granted.
(5) If accelerated review is granted, the proposal is exempt from the full review process detailed in Division 570 of this chapter, with the exception of OAR 333-570-0070(3) through (10); and from the application requirements and review criteria established in Division 580. The notification to the applicant will include a proposed order granting the certificate of need. Such an order will contain findings sufficient to justify the granting of accelerated review, but need contain no other findings.
(6) The proposed order on an accelerated review is subject to an informal hearing, as provided in OAR 333-570-0070(5) through (9). Notwithstanding the provisions of OAR 333-570-0070(8), within ten days following the close of an informal hearing on an accelerated review, the Authority will either issue a final order approving the application, or will rescind its granting of accelerated review and require the project to undergo full review.
(7) The granting of accelerated review may be rescinded following an informal hearing only if:
(a) The Authority finds that the project does not meet the criteria for accelerated review; or
(b) The Authority finds that significant issues have been raised regarding the appropriateness of the proposed project.
(8) The final order in an accelerated review is subject to a reconsideration hearing, as provided in OAR 333-570-0070(10) and Division 670 of this chapter.
(9) Projects granted a certificate of need under the accelerated review provisions are not exempt from the monitoring and reporting requirements of OAR 333-575-0000 and 333-575-0010.

Notes

Or. Admin. R. 333-560-0150
PH 29-2004, f.& cert. ef. 9-23-04

Stat. Auth.: ORS 431.120(6), 442.315

Stats. Implemented: ORS 431.120(6), 442.315

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