D.C. Mun. Regs. tit. 22, r. 22-B4202

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 22-B4202 - REVIEW PROCESS

4202.1

SHPDA shall begin a review at the beginning of one (1) of twelve (12) review cycles to be held each calendar year.

4202.2

The regular or expedited review cycles for an application shall be determined by the day on which the application is complete or deemed complete upon refusal of the applicant to supply further information. The review cycle for a CON application shall begin on the twentieth (20th) day of each month, or on the first (1st) business day following, if that day falls on a weekend or holiday. The review period for a regular review shall end ninety (90) days after the beginning of the review cycle. The review period for an expedited review shall end thirty (30) days after the beginning of the review cycle.

4202.3

SHPDA shall complete the review within the time period specified in Subsection 4202.2 unless the applicant requests, and SHPDA approves, an extended review period.

4202.4

If SHPDA fails to approve or deny an application within the applicable time period, the applicant may, within a reasonable period of time following expiration of the applicable time period, bring an action in Superior Court to require SHPDA to approve or deny the application. No CON shall be issued solely because SHPDA failed to reach a decision within the specified review period.

4202.5

An applicant may request in writing to SHPDA that either the regular ninety (90) day review period or the thirty (30) day expedited review period be extended for up to twelve (12) months. SHPDA may grant an extension of the review period for a period of time that is not longer than the applicant's request.

4202.6

For a batched review, a request for extension of the review period shall affect each application in the batched review. The request for extension of time to complete the review shall not be granted unless there is agreement to the extension of time from each applicant involved in that particular batched review.

4202.7

If SHPDA denies an extension of time for a batch review, the requesting party may:

(a) Go forward with the batch review;

(b) Request review of the application at a later date; or

(c) Withdraw the application.

4202.8

If SHPDA or SHCC requires additional information necessary to performing the review after the review period has begun, an applicant shall have fifteen (15) days to provide the information. The applicant's response time shall extend the ninety (90) day review period.

4202.9

If SHPDA finds it impractical to complete a review within ninety (90) days, SHPDA may extend the review period for the following administrative reasons:

(a) When an application modification is extensive but not so substantial as to require withdrawal and resubmission under Subsections 4203.1 and 4203.3;

(b) When the SHCC or a SHCC committee requests that SHPDA perform additional staff analysis of an application modified as described in paragraph (a) of this subsection and in accordance with § 4202.9 after the staff has substantially completed the initial analysis;

(c) When there is a sudden or unexpected major disruption of normal SHPDA operations, including those resulting from utility failure, natural disasters, and equipment failure; or

(d) When a public hearing is held during the review period.

4202.10

When there is an administrative extension of the review process as provided in Subsection 4202.9, SHPDA shall complete the review as expeditiously as is reasonable in the circumstances, and shall inform the applicant and other affected persons of the projected timetable for completing the review.

D.C. Mun. Regs. tit. 22, r. 22-B4202

Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014)

Authority: § 22 of the Health Services Planning Program Re-establishment Act of 1996 (Act), effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-421 (2012 Repl.)).