Md. Code Regs. 14.14.03.01

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.14.03.01 - Application Procedure

A. Before submission of an application, a potential applicant may be requested to:

(1) Attend a preliminary conference with the Secretary to obtain information concerning the Board's procedures, guidelines, policies, and scheduling regarding submission of applications; and

(2) Have first applied for any regulatory permits required and to have progressed at least through evaluation of preliminary design concepts in pursuit of these permits.

B. Dates When Applications Are to Be Accepted.

(1) The Board shall specify dates when applications will be accepted.

(2) The Board may declare closed periods in which applications may not be accepted when:

(a) Studies are underway which have been directed by the Board, or which are being conducted by another source and which promise to materially improve the Board's capability to conduct an adequate review;

(b) The Board has directed the Service to submit an application;

(c) The Board is in the process of obtaining the resources necessary to conduct an adequate review.

(3) All dates governing submission of applications will be established by action of the Board in open session and published in the Maryland Register.

C. Schedule of Fees.

(1) The fee for processing an application for a certificate of public necessity shall consist of two parts, an initial application fee and a processing fee.

(2) The initial application fee for all applications shall be $10,000, to be paid by certified check. This fee shall cover the cost of initial review of an application. The initial application fee is not refundable.

(3) As part of the determination of completeness of an application, the Board will determine, in its sole discretion, the costs of evaluation and processing of the application. The estimated cost shall include the cost of additional staff, if any, consultants, hearing officer, reporter and transcripts, transportation, witnesses called by the Board, meeting places and associated expenses, and other costs which are attributable directly to the evaluation and processing of the application. The sum of these estimated costs shall constitute the processing fee to be paid by the applicant.

(4) Once determined and paid by the applicant, the processing fee is not subject to increase or decrease, except that if processing of an application is terminated before the start of any services which formed part of the fee calculation, that portion of the fee shall be refunded to the applicant. For any processing partially or fully undertaken, there shall be no refund of the fee.

D. Submission and Evaluation of Application.

(1) The applicant shall submit 50 copies of the application to the Secretary.

(2) The initial application fee shall accompany the application. An initial application will not be reviewed until the full initial fee has been received.

(3) The Secretary will promptly acknowledge, by certified mail, the receipt of any application. Notice of receipt, however, does not signify any decision regarding the completeness of the application.

(4) The Secretary shall transmit five copies of the application to the Department as an application for a facility permit. Transmittal by the Board does not signify completeness of the application or relieve the applicant of any additional or subsequent requirements by the Department or any other regulatory agency.

(5) The Board may conduct working sessions with an applicant, in either open or closed session (depending on whether confidential information will be discussed, or otherwise as law permits) to further its review of the completeness of the application.

(6) The Board shall determine in its sole discretion the completeness of any application.

(7) The Board, upon a determination of completeness, shall:

(a) Advise the applicant of the amount of the processing fee. The determination of completeness will not be submitted for publication in the Maryland Register in accordance with§D(7)(b) until the Board has received from the applicant the full processing fee.

(b) Announce the determination by publication in the Maryland Register. The date of publication commences the 6-month processing time for consideration of applications required by the Act.

(c) The Secretary shall mail copies of the application to recipients designated by law and as directed by the Board.

E. The Board may discontinue consideration of a completed application at any time if it determines that:

(1) The application contains materially false information;

(2) A State or federal regulatory agency has denied a required permit or the Board has reason to believe that a required permit cannot be obtained;

(3) The Board amends its adopted policy as to the need for any type of facility; or

(4) There exists any changed circumstance regarding representations made in the application concerning ownership of the facility, financial responsibility, site design, or any other material fact.

F. Applications for changes in certified sites and facilities shall be processed by the Board under the same requirements, procedures, and restrictions as for an initial application.

Md. Code Regs. 14.14.03.01

Regulation .01C and D amended effective December 7, 1981 (8:24 Md. R. 1937)
Regulation .01C amended effective September 26, 1983 (10:19 Md. R. 1691)